36-504. License for food vending machine companies required; application, form, application fee; inspection; denial, hearing; license fee; display; duplicate; records; information on machine; machines
36-504
36-504. License for food vending machine companiesrequired;application, form, application fee; inspection; denial, hearing; licensefee; display; duplicate; records; information on machine; machines fromlicensed dealers only; inoperative machines; additional machines;license for vending machine dealers; application, form, fee; certainreports required.(a) It shall be unlawful for any person to engage in the business ofconducting a food vending machine company unless such person shall havein effect a valid license therefor issued by the secretary ofagriculture. Applications for such licenses shall be onforms prescribed by the secretary, and each such application shall specifythe brand name and serial number of each food vending machine to be operatedand serviced by the applicant during the period of licensure and shall beaccompanied by an application fee in an amount fixed by rules andregulations adopted by the secretary ofagriculture not to exceed $100 and by the appropriate license feerequired by subsection (b). Prior to the issuance of any such license,the secretary shall inspect or cause to be inspected the applicant andeach food vending machine for which the applicant is to be licensed, todetermine that they are in compliance with the applicable food servicestandards promulgated pursuant to this act. If the applicant and suchmachines are found to be in compliance with such standards, thesecretary shall issue the license. If the application for license isdenied, the secretary shall give written notice thereof to theapplicant, stating also that the applicant is entitled to a hearingthereof if a written request therefor is filed with the secretary within20 days of the date such notice is sent. Such hearingshall be held in accordance with the provisions of the Kansasadministrative procedure act.
(b) The license fee for a food vending machine company shall be anamount equal to the product of the total number of food vending machinesto be operated and serviced by the food vending machine company duringthe calendar year, multiplied by $3, except that no foodvending machine shall be included in such total number which is operatedand serviced by a state institution or a public school.
(c) Every license issued hereunder shall be displayed conspicuouslyon the premises of the food vending machine company for which it isissued, and no such license shall be transferable to any other personnor shall such license be valid for the operation and service of anyfood vending machines other than those specified in the application fora license under subsection (a) or those additional food vending machinesfor which operation and servicing are authorized pursuant to subsection(f). Whenever any such license is lost, destroyed or mutilated, aduplicate license shall be issued to any otherwise qualified licenseeupon application therefor and the payment of a fee in the amount of $5.
(d) Each licensed food vending machine company shall keep a currentrecord of the location of each food vending machine which such companyis licensed to operate and service, and such record shall be availableat any reasonable time to the secretary. Each licensed food vendingmachine company shall cause the name of such company, the servicetelephone number and such additional information as the secretary mayrequire, to be displayed conspicuously on each food vending machine thatsuch company is licensed to operate and service.
(e) Each licensed food vending machine company shall notify thesecretary within 10 days of the brand name and serial number ofall food vending machines that become inoperative and are thereafterdisposed of by such company or that are obtained by such company for usein addition to those which the food vending machine company is currentlylicensed to operate and service. Except for food vending machinesobtained through isolated or occasional purchases thereof from alicensed food vending machine company, food vending machine companiesshall be licensed to operate and service only food vending machineswhich are obtained from food vending machine dealers licensed pursuantto subsection (g).
(f) Whenever food vending machines are obtained by a licensed foodvending machine company which are to be operated and serviced inaddition to those currently authorized under the license, such companymay apply to the secretary to include such additional machines under thelicense of such company. Such application shall be in the formprescribed by the secretary and each such application shall specify thebrand name and serial number of each such additional machine and shallbe accompanied by a fee of $2 for each such additionalmachine. Prior to the issuance of such authorization, the secretaryshall inspect or cause to be inspected each additional food vendingmachine to determine that it is in compliance with the applicable foodservice standards promulgated pursuant to this act. Only such additionalmachines which are in compliance with such standards shall be includedunder the license of such company.
(g) It shall be unlawful for any person to engage in business as afood vending machine dealer and to sell food vending machines to foodvending machine companies licensed in this state unless such personshall have a valid license therefor issued by the secretary of agriculture.Applications for such licenses shall be on formsprescribed by the secretary and each such application shall beaccompanied by the fee prescribed in this subsection. A person withoutthis state may make application to the secretary for a license as a foodvending machine dealer and be granted such a license by the secretaryand thereafter shall be subject to all of the applicable provisions ofthis act and entitled to act as a licensed food vending machine dealerin this state, subject however, to such person filing proof with theapplication to the secretary of agriculture that such personhas appointed the secretary of state of Kansas as agent for receipt ofservice of process relating to any matter or issue arising under thisact. The fee for a food vending machine dealer's license for all or anypart of any calendar year shall be $25.
(h) A licensed food vending machine dealer shall report to thesecretary of agriculture on or before thelast day of each calendar month all sales of food vending machines madeduring the preceding month to Kansas vending machine companies, on formsprescribedby such secretary, showing the name and address of the purchaser, brandname and serial number of the machine and its sale price.
History: L. 1975, ch. 314, § 8; L. 1976, ch. 205, § 2;L. 1978, ch. 154, § 3;L. 1984, ch. 313, § 57;L. 2008, ch. 48, § 5;L. 2008, ch. 150, § 3; Oct. 1.