§ 3.91.110. Prohibited acts—Market operator and vendors.

It is unlawful for any cultural market operator, vendor, food service vendor, transient merchant or any grower or producer to:

(a)

Conduct business or carry on activities in violation of any zoning requirements of the city, including setback requirements;

(b)

Create noise in violation of Chapter 7.41 of the city code;

(c)

Provide any false or misleading information in completion of any license application;

(d)

Fail to provide, at the request of the purchaser or customer, a written receipt for purchases exceeding $5.00 (five dollars) or as required by the State of Kansas;

(e)

Fail to provide any customer, or other such person, her or his name, the name of the company or organization represented, the name of the product, or make any representation as to identity which is false or misleading;

(f)

Fail to allow authorized law enforcement officers or other enforcement officers of the city to enter into or upon the premises of the cultural market or to otherwise interfere with any inspection of the premises or business;

(g)

Fail to remove any structure, device, trash, or debris caused, created or associated with the cultural market activities that are in an outdoor area;

(h)

Consume alcoholic liquor or cereal malt beverage upon market property, unless allowed by the appropriate licensing;

(i)

Sell or offer for sale any beverage in glass containers;

(j)

Sell, offer for sale or to be given away any live animals;

(k)

Sell or offer for sale any spray string, confetti or other litter-causing material;

(l)

Sell or offer for sale any goods known to the vendor to be stolen. All merchandise on the premises of a cultural market shall be subject to inspection at any time by law enforcement officers. A vendor may be required to verify that he or she is the legal owner of merchandise being sold or offered for sale.

(m)

Erect or display more than two (2) temporary signs to generally advertise the cultural market, with no such sign exceeding 16 square feet in area, or for any seller and/or vendor to erect or display more than one sign or any sign greater than 10 square feet in total area. Sign permits shall not be required for signs as described above. Such signs shall not be erected more than 24 hours prior to the market's opening for sales to the public, and shall be removed within 24 hours of the markets closing for sales to the public. Streamers, pennants, search lights and any device with flashing, blinking, rotating or moving action are prohibited from use, and no sign shall be placed upon the public right-of-way, or within the vision site triangles for public street intersections or driveways as set forth in the Sign Code (Title 24.04. of the Code of the City of Wichita);

(n)

Erect or construct any structure, tent, or building greater than 200 square feet in size, unless a building permit for a larger structure, tent or building is obtained;

(o)

Conduct business or carry on activities within 50 feet of any driveway entrance or access lane from a public street to an existing business;

(p)

Conduct business or carry on activities within the city right-of-way;

(q)

Conduct business or carry on activities between the hours of 11:00 p.m. and 6:00 a.m. Sunday through Thursday and midnight to 6:00 a.m. on Friday and Saturday.

The requirements governing location and placement of cultural markets and activities in subsections (a), (m), (n), (o) and (p) shall not be applicable to cultural markets or cultural market vendors who participate in a community event promoted by the market operator and which has been approved pursuant to the lease or management agreement with the City of Wichita or which has been approved and issued a permit by the City of Wichita's Community Event Coordinator pursuant to the ordinances of the City of Wichita.

(Ord. No. 48-610, § 11, 2-9-2010; Ord. No. 49-312, § 5, 7-24-2012)