PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
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122.01 Purpose |
122.11 Revocation of License |
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122.02 Definitions |
122.12 Notice |
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122.03 License Required |
122.13 Hearing |
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122.04 Application for License |
122.14 Record and Determination |
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122.05 License Fees |
122.15 Appeal |
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122.06 Bond/License Required |
122.16 Effect of Revocation |
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122.07 License Issued |
122.17 Rebates |
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122.08 Display of License |
122.18 License Exemptions |
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122.09 License Not Transferable |
122.19 Charitable and Nonprofit Organizations |
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122.10 Time Restriction |
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122.01 PURPOSE.
The purpose of
this chapter is to protect residents of the City against fraud,
unfair competition and intrusion into the privacy of their homes by
licensing and regulating peddlers, solicitors and transient
merchants.
122.02 DEFINITIONS.
For use in this
chapter the following terms are defined:
1.
“Peddler” means any person carrying goods or merchandise who
sells or offers for sale for immediate delivery such goods or
merchandise from house to house or upon the public street.
2.
“Solicitor” means any person who solicits or attempts to
solicit from house to house or upon the public street any
contribution or donation or any order for goods, services,
subscriptions or merchandise to be delivered at a future date.
3.
“Transient merchant” means any person who engages in a
temporary or itinerant merchandising business and in the course of
such business hires, leases or occupies any building, stand or
structure whatsoever, or who operates out of a vehicle which is
parked anywhere within the City limits.
Temporary association with a local merchant, dealer, trader
or auctioneer, or conduct of such transient business in connection
with, as a part of, or in the name of any local merchant, dealer,
trader or auctioneer does not exempt any person from being
considered a transient merchant.
122.03 LICENSE REQUIRED.
Any person
engaging in peddling, soliciting or in the business of a transient
merchant in the City without first obtaining a license as herein
provided is in violation of this chapter.
122.04 APPLICATION FOR LICENSE.
Any person,
firm, partnership, corporation or association not exempt from the
application of the chapter shall file an application in writing with
the Police Chief for a license under this chapter.
A non-refundable application fee of ten dollars ($10.00)
shall be paid at the time of filing such application to cover the
cost of investigating the facts stated therein. The application
shall contain the following information:
1.
Applicant’s name, permanent and local address and local phone
number;
2.
Applicant’s date of birth and physical description;
3.
Applicant’s employer, if any, and the employer’s address;
4.
A
place for the applicant to indicate whether or not the applicant has
an Iowa retailer’s sales tax permit and, if so, the applicant’s
sales tax permit number;
5.
Applicant’s motor vehicle description;
6.
The
nature of the applicant’s business;
7.
Last
three places of such business; and
8.
Length of time to be covered by the license.
Applicants must
also furnish photo identification and criminal history data from the
Department of Criminal Investigation updated within one year from
license/permit request.
(Ord.
10-115 – Aug. 09 Supp.)
122.05 LICENSE FEES.
The following
license fees shall be paid to the Police Chief prior to the issuance
of any license.
1.
Non-refundable application fee
$ 10.00
2.
One day license
$ 50.00
3.
One week
$ 150.00
4.
Six months
$ 500.00
3.
One year or major part thereof
$1,000.00
(Ord.
10-115 – Aug. 09 Supp.)
122.06 BOND/LICENSE REQUIRED.
1.
Transient Merchants.
Before a license under this chapter is issued to a transient
merchant, an applicant shall provide to the Police Chief evidence
that the applicant has filed a bond with the Secretary of State in
accordance with Chapter 9C of the Code of Iowa.
2.
Peddlers. Before
a license under this chapter is issued to a peddler who is engaged
in selling food items as a mobile food unit, an applicant shall
provide to the Police Chief evidence that the applicant possesses a
State of
(Ord.
10-115 – Aug. 09 Supp.)
122.07 LICENSE ISSUED.
If the Police
Chief finds the application is completed in conformance with the
requirements of this chapter, the facts stated therein are found to
be correct and the license fee paid, a license shall be issued
immediately. Upon
issuance of license, the Police Chief shall provide a copy to the
City Clerk and Chamber of Commerce.
(Ord. 10-115 – Aug. 09 Supp.)
122.08 DISPLAY OF LICENSE.
Each solicitor
or peddler shall keep such license in possession at all times while
doing business in the City and shall, upon the request of
prospective customers, exhibit the license as evidence of compliance
with all requirements of this chapter.
Each transient merchant shall display publicly such
merchant’s license in the merchant’s place of business.
122.09 LICENSE NOT TRANSFERABLE.
Licenses issued
under the provisions of this chapter are not transferable in any
situation and are to be applicable only to the person filing the
application.
122.10 TIME RESTRICTION.
All peddler’s
and solicitor’s licenses shall provide that said licenses are in
force and effect only between sunrise and sunset.
122.11 REVOCATION OF LICENSE.
After notice
and hearing, the Police Chief may revoke any license issued under
this chapter for the following reasons:
1.
Fraudulent Statements.
The licensee has made fraudulent statements in the
application for the license or in the conduct of the business.
2.
Violation of Law.
The licensee has violated this chapter or has otherwise
conducted the business in an unlawful manner.
3.
Endangered Public Welfare, Health or Safety.
The licensee has conducted the business in such manner as to
endanger the public welfare, safety, order or morals.
(Ord.
10-115 – Aug. 09 Supp.)
122.12 NOTICE.
The Police
Chief shall send a notice to the licensee at the licensee’s local
address or hand deliver the notice, not less than ten (10) days
before the date set for a hearing on the possible revocation of a
license. Such notice
shall contain particulars of the complaints against the licensee,
the ordinance provisions or State statutes allegedly violated, and
the date, time and place for hearing on the matter.
(Ord. 10-115 – Aug. 09 Supp.)
122.13 HEARING.
The Police
Chief shall conduct a hearing at which both the licensee and any
complainants shall be present to determine the truth of the facts
alleged in the complaint and notice.
Should the licensee, or authorized representative, fail to
appear without good cause, the Police Chief may proceed to a
determination of the complaint.
(Ord. 10-115 – Aug. 09 Supp.)
122.14 RECORD AND DETERMINATION.
The Police
Chief shall make and record findings of fact and conclusions of law,
and shall revoke a license only when upon review of the entire
record the Police Chief finds clear and convincing evidence of
substantial violation of this chapter or State law.
(Ord. 10-115 – Aug. 09 Supp.)
122.15 APPEAL.
If the Police
Chief revokes or refuses to issue a license, the Police Chief shall
make a part of the record the reasons therefor.
The licensee, or the applicant, shall have a right to a
hearing before the Council at its next regular meeting.
The Council may reverse, modify or affirm the decision of the
Police Chief by a majority vote of the Council members present and
the Police Chief shall carry out the decision of the Council.
(Ord. 10-115 – Aug. 09 Supp.)
122.16 EFFECT OF REVOCATION.
Revocation of
any license shall bar the licensee from being eligible for any
license under this chapter for a period of one year from the date of
the revocation.
122.17 REBATES.
Any licensee,
except in the case of a revoked license, shall be entitled to a
rebate of part of the fee paid if the license is surrendered before
it expires. The amount
of the rebate shall be determined by dividing the total license fee
by the number of days for which the license was issued and then
multiplying the result by the number of full days not expired.
In all cases, at least one-half (½) of the original fee shall
be retained by the City to cover administrative costs.
122.18 LICENSE EXEMPTIONS.
The following
are excluded from the application of this chapter.
1.
Newspapers.
Persons delivering, collecting for or selling subscriptions to
newspapers.
2.
Club Members. Members of local civic and service clubs, Boy
Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar
organizations.
3.
Local Residents and Farmers.
Local residents and farmers who offer products for sale.
(Ord. 10-115
– Aug. 09 Supp.)
4.
Students.
Students representing schools located in
(Ord. 08-107 – Mar. 08 Supp.)
5.
Route Sales.
Route delivery persons who only incidentally solicit additional
business or make special sales (i.e. Schwans,
6.
Resale or Institutional Use.
Persons customarily calling on businesses or institutions for
the purposes of selling products for resale or institutional use.
122.19 CHARITABLE AND NONPROFIT
ORGANIZATIONS.
Authorized representatives of
charitable or nonprofit organizations which have a place of business
in Union County, Iowa, operating under the provisions of Chapter
504A of the Code of Iowa desiring to solicit money or to distribute
literature are exempt from the operation of Sections 122.04, 122.05
and 122.06. All such
organizations are required to submit in writing to the Police Chief
the name and purpose of the cause for which such activities are
sought, names and addresses of the officers and directors of the
organization, the period during which such activities are to be
carried on, and whether any commissions, fees or wages are to be
charged by the solicitor and the amount thereof.
If the Police Chief finds that the organization is a bona
fide charity or nonprofit organization, the Police Chief shall
issue, free of charge, a license containing the above information to
the applicant. In the
event the Police Chief denies the exemption, the authorized
representatives of the organization may appeal the decision to the
Council, as provided in Section 122.15 of this chapter.
(Ord. 10-115 – Aug. 09 Supp.)