HomeMy WebLinkAboutA001 - Letter dated August 29, 1994 to City Council from City Attorney "ES CITY OF AMES
CITY ATTORNEY'S OFFICE P.O. BOX811 AMES IOWA 50010
Community-University-Opportunity 515 CLARK AVE.
PHONE 515-239-5146 ♦ FAX 515-239-5142
August 29, 1994
FILED
�1
The Honorable Larry R. Curtis, Mayor,
AUG 2 91994
and Members of the City Council CITY CLERK
of the City of Ames, Iowa cm of aMEs.Iowa
Re: Regulations on Door-to-Door Selling
Dear Mayor Curtis and Council Members:
At the Council's last noon meeting on general issues, there was expressions of concern
about the adequacies of the City's regulations on this subject. Since then I have received
further inquiry from Council Member Hoffman as to whether something more could not
be done on this matter.
With this is a copy of Section 17.26, the current City ordinance on the subject, provided
for your convenient reference. You will see that the Ames regulations are focused on
obtaining information and identification with respect to persons who are engaged in this
activity. It does not provide any standards for when persons will be denied permission
to engage in door-to-door sales or state the circumstances, conduct, or conditions that
could result in a revocation of permission.
A copy of the Des Moines ordinance on this subject is enclosed. Also enclosed is a copy
of the Cedar Falls ordinance which was recommended to Council Member Hoffman by
Loras Yeager.
If the Council wishes to give some indication as to new policies and procedures they
would like to see implemented in this area, I would be pleased to prepare an ordinance
along the lines indicated by the Council.
Yours truly,
John R. Klaus
City Attorney
JRK:gmw
Enclosures
AMPS
Sec. 17.26. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS.
(1) Each and every person engaged in residence to residence solicitation of orders for goods or services,
or in residence to residence peddling of things carried along for sale, and who does not have any indoor place in
the city where the same selling of goods and services is done by said person on a continuous and permanent basis,
shall first obtain and wear, in a manner plainly visible, a registration and identification badge issued by the City
Clerk.
(2) Each and every person who, for the purpose of selling goods or services, occupies a place out of
doors, other than on public property, or who for said purpose occupies an indoor place on an intermittent or
temporary basis only, and who does not have any indoor place in the city where the same selling of goods and
services is done by said person on a continuous and permanent basis, shall obtain and wear, in a manner plainly
visible, a valid registration and identification badge issued by the City Clerk.
(3) For this purpose of registration each person as aforesaid shall provide to the City Clerk,or Clerk's
designee the following:
(a) Their name,address,date of birth,social security number,height,weight,hair and eye color,
and phone number, and if they do not have a permanent residence in this city, the residence and phone number
where they reside permanently.
(b) Registration for minor children shall be done by a parent or legal guardian, or by a person
bearing the notarized authorization of the child's parent or guardian.
(c) Persons working for or as a part of an organized crew shall provide the name, address and
phone number, as aforesaid, of the person in charge of and responsible for the crew.
(d) The make,model,year,state of registration and license number of any and all vehicles being
used in connection with the peddling or soliciting.
(e) List of the products being sold and the price of each.
(f) Name, address and phone number of the supplier of the product.
(g) Proof of the state sales tax permit or exemption.
(4) Each adult person shall produce a photograph-driver's license,or if they have no such license, two
other forms of documentary identification. Minor children's identification shall be any reasonable means that
establishes the child's identity and the identity of the child's parent or guardian.
(5) The identification badge shall be of a distinctive logo and design to show clearly that it has been
issued by the City of Ames and shall incorporate a photograph of the registrant taken at the Clerk's office or where
the Clerk directs, at the time of registration.
(6) The provisions of this section do not apply to those activities which are the subject of the provisions
of the street vendors regulations set out in Sections 22.11 through 22.23 of the Ames Municipal Code.
(7) The provisions of this section do not apply to persons who make regularly scheduled route deliveries
in residential areas of goods or services, e.g. newspaper carriers, lawn services, cable television service, dairy
product delivery service.
(8) The provisions of this section do not apply to community based non-profit groups, that is, service
clubs, social groups, school groups, youth organizations, religious or non-profit eleemosynary organizations that
have regular meetings of members in the City of Ames and garage sales.
(9) Persons found or reported to be peddling or soliciting as aforesaid without the registration and
identification badge shall be ordered by the police or representatives of the office of the City Manager, City
Attorney or City Clerk, to cease until they have such badge.
(Ord. No. 2981, Sec. 1, 7-7-87)
(10) The aforesaid registration badge shall be valid for sixty days from its date of issuance. -
(11) No person shall engage in the activities described in subsection(1)above between the time of sunset
and sunrise.
(12) Persons obtaining the registration badge pursuant to this section shall pay such fee as the Ames City
Council shall set, from time to time, to cover costs of administration and enforcement of the provisions of this
section. When three (3) or more businesses intending activity described in subsection (2) (Transient Merchants)
are brought together at one place under the auspices of a non-selling organization that performs the required
registration tasks for each of the persons to be so engaged, and brings that completed material to the City Clerk
in advance of the selling event, only a single registration fee shall be charged, and photographs shall not be
required. When persons as aforesaid come together at one place under the auspices of an organization exempted
by subsection (8), no registration or fee shall be required.
Supp #17/1990 Code 17-9 Rev. 10-1-94
FROM rITV DSM LEGAL THIRD FLOOR CITY HALL 08. 29. 1994 09: 12 P. 1
t BUSINESSES
,s
ses for the purpose of discovering stolen property or any violation of
this subchapter. (C42, 156-8, C54, C62,§35-15;
§9-89; 0.11,253) C75, C78,59.89; C85,
n
9-90. REPEALED 8Y ORD. 11,253, 51.
v E s 9-91. REPEALED BY ORD. 11.253
9-92. REPEALED BY ORS?. 11,253, 51.
`. 9-93. REPEALED BY ORD. 11,253, it.
Ea
9-94. REPEALED BY ORD. 11,253, §1.
9-95. REPEALED BY ORD. 11,253, §1,
SUBCHAPTER 9. PEDDLERS
o L ! 4-96. DEFINITIONS,
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms shall, for the purpose of
this subchapter, have the meanings to this section.
"Peddler" shall mean any person carrying goods or merchandise who
sells or offers for sale such goods or merchandise from house-to-house
or upon the public streets.
'Peddling' shall mean the selling or offering for sate goods or
merchandise which are carried by a person from house-to-house or upon
the public streets. (C42,§§57-1, 57-3, 57-4, 57-5; C54, C62,§,§36_8,
36-16, 36-17, 36-19; 0.7539, $461, 8834, C62,536-1; C75, C79,§g-g6)
9-97. LICENSE REQUIRED.
Any person engaging in peddling in this city without first
obtaining a license as herein provided shall be in violation of this
subchapter. (C62,06-2; 0.8834; C75, C79,§9-97)
9-98. EXEMPTIONS.
The license provisions of this subchapter shall not apply to:
(1) Persons selling the products of their own growing or
manufacture; or
(2) Persons making door-to-door sates for the purpose of a
community Improvement or benefit approved by the city -
Council on behalf" of nonprofit, tax exempt corporations;
or
(3) Newspaper vendors; or
(4) Persons licensed under subchapter 6 of this chapter.
(C42, §57-7; C54, C62,936-2; o.sl$9, U34; C62,§36-3;
C75, C79,§9-98; 0.9694)
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I FROM ;CI,TY DSM LEGAL THIRD FLOOR CITY HALL 08.29. 1994 09: 13 P. 2
DES MOINES CITY CODE
`3` 8.0I• REPEALED 6Y ORD. 11.6Q2, §7,
9-99. REPEALED BY ORD. 11,602, §7.
9-100. APPLICATION FOR LICENSE.
An application in writing shalt be filed with the city clerk for a
license under this subchapter. Such application shall set forth the
applicant's nave, Permanent and local address, business address, if
any, and physical description. The application also shall set forth
the apPllcant`s emp€Oyer, if any, and the employer's address, the
nature of the applicant's business, the last three places of such
business, and the length of time sought to be covered by the license.
(C62,§36-y; 0.8834; C7S, C79,59-100)
9-101. ISSUANCE OF LICENSE; FEE.
If the city clerk finds the application is made out in conformance
with section 9-100 of this Coda and the facts stated therein are
correct, a license shall issue upon the payment of the license fee in
advance. (C42,5§57-1, 57-3, 57-4, 57-S; C54, C62, 5§36-lo, 36-12,
36-16, 36-17, 36-19. 0.7539, 8461, 8834; C62,§36-6; C75,19-1ol;
0.9140; C79,§9- 01; CBS-V-101; 0.11,548)
9-102. DISPLAY OF LICENSE.
Each peddler shall at all times while doing business in this city
keep in his or her possession the license provided for in section
9-101 Of this code, and shall upon request, exhibit the license as
evidence that he or she has Complied with all requirements of .this
subchapter. (C62,§36-7; 0.8834; C75, C79,§9-lot:
11,602) C8549-102;
9-103. LICENSE NOT T€2ANSFEWLE.
No peddlers license shall be sold or transferred. The license must
be issued in the name of the person actually peddling. (C62,§36-8;
0.8834; C75, C79,0-103; CSS,§9-103; 0.11,602)
9-3.04. LICENSES FOR SHORT PERIOD.
Licenses may be issued to peddlers for a period of one week at a
fee of $10.00 for each week for which such license is granted; for a
Period of one month at a fee of $25.00 for each month for which such
license is granted; ar for a period of three months at a fee of
$50.00. (C42,§§57-2, 57-6; C54, C62, §§36-11, 36-20; 0,8834;
C62,136-9, C75,19_104; 0.9140; C79,§9-104; C85,§9-104; 0.11.548) -
9-105. SUSPENSION OR REVOCATION OF LICENSE.
Any license issued pursuant to this subchapter may be suspended or
revoked, or its renewal denied, for violations of this subchapter or *T
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BUSINESSES
any other chapter of this code, and the procedures for such suspen-
sion, revocation or denial shall be those contained in section 9-35
of this code. (C42,JS7-10; C54, C62,§36-10; 0.8834, C75, C79,§9-105;
0.10,723; C85,§9-105; 0.11,602)
SUBCHAPTER 9A. ARMED PRIVATE SECURITY GUARDS
9-106 to 0-11(t.06. REPEALED BY ORo. 10.723, 19.
SUBCN,AATER 10. PROFESSIONAL BONDSMEN
2-111. DEFINITIONS.
Unless otherwise expressly stated or the content clearly indicates
a different intention, the following term shall, for the purpose of
this subchapter, have the meaning in this section.
A "bondsman" is any person signing as a surety on a bail, surety or
other bond which is filed with the associate district court clerk, or
any person engaged in and soliciting bond business for such surety.
This definition shall not be deemed to apply to pre-trial release per-
sonnel. (C42,§47-1; C54, C62,§41-1; C75, C79,59-111; C85,§9-111;
0.11,602)
9-112, REPEALED BY ORO. 10.723, §10.
9-113. REPEALED BY ORD. 10,723, §10.
9-114. SOLICITATION BY CITY EMPLOYEES.
No employee of the city shall solicit business„ either directly or
indirectly, for any bondsman. (C42,g47-4; C54, C62,541-4; C75,
C79,§9.-114)
9--115. ENTERING JAIL TO SOLICIT.
No person shall enter or be permitted to enter into the city Jail
for the purpose of soliciting bail bond business. (C42,§47-5, C54,
C62,§41-5; C75, C79,§9-115)
9-116. REPEALED BY ORD. 10,723, 510.
9-117. REPEALED BY ORD. 11.602, §8.
SUBCHAPTER 11. SECOND-HAND GOODS DEALERS
9-117.01t SECOND-F-AM GWDS DEALER DEFINED.
The term "second-hand goods dealer" means any person, firm, or cor-
poration, other than a pawnbroker or a Junk dealer, who purchases,
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SOLICITING FUNDS
Cli11FTER 22
SOLICITING FUNDS
22-1. Definitions.
22-2. License.
22-3• Application for license.
22-3.01. Repealed by Ord. 11,224, §1.
22-4. Issuance of license.
22-5. Appeal to city council.
22-5.01. Repealed by Ord, 11,224, jl.
22-6. Duration of licenser.
22-7. License fee.
22-8. Soliciting Vehicles and booths.
22-9. Same--minors.
22-9.01. Repealed by Ord. 11,224, it.
22-10, Same--Streets and vehicles,
22-11. Same--private property.
22-12. Same--Time of day.
22-13. Public property.
22-14. Revocation.
22-1S. Copies provided.
22-1. DEFINITIONS.
(a) "Solicitation of funds” means: any person or organization,
excepting those hereinafter listed, who shall solicit contributions of
funds personally or through an authorized employee, agent, or repre-
sentative by the direct solicitation of money or by the sale of tags,
buttons, tokens or other items of nominal value, intending that all or
a substantial portion of such funds be used for the procurement of
necessaries for one or more individuals, or for medical, educational,
religious or other purposes toward the benefit of the community or a
needful segment thereof.
(b) Except as they pertain to activities governed by sections 22-8
through 22-12, the terms *solicitor of funds`, "solicit funds°, and
"solicitation Of funds" shalt not pertain to or include:
(1) Any organization soliciting contributions from among its
membership ar employees,
(2) Any organization .soliciting contributions while the soli-
citor and the person solicited are located upon property
owned by that organization;
(3) Solicitation of contributions by mail-
(4) Solicitation of contributions by telephone; or
(5) Solicitation for contributions of funds for a candidate
for election or nomination to any public office or a
903
FROM .-CI-TY DSM LEGAL THIRD FLOOR CITY HALL 08. 29. 1994 09: 16 P. 5
DES MINES CITY CODE
Political party as defined by section 43.2 of the Code of
Iowa or a nonparty political organization as defined by
section 44.1 of the Code of Iowa.
(6) Solicitation for a religious organization which is exempt
from taxation under section 501(c)(3) of the United
States Internal Revenue Code,
(7) Solicitation of contributions by public employees of
other emplaye+as of the same public employer in accord
with the work rules of the public Wiployer.
(8) Solicitation of contributions by a foundation or organi-
zation which gives aid or financial support to a publicly
owned institution when the solicitation takes place upon
land awned by the public institution.
(c) The ward wperson'- when used in this chapter in reference to
licensing and solicitation shall be synonymous with the word "organs-
zaticn' exCOPt where the context clearly indicates a different inten-
tion. (C42, 561-1; 0.5€191; C54, C62,§52-1; C75,S22-1; 0.8988, 9231;
C79,§22-1; C85,922-1; 0.11,224)
22-2. LICENSE.
No person or organization shall conduct a solicitation of funds as
defined in this chapter, without having first obtained a license as
Provided in this Chapter. (C42,§61-2; C54, C62,J52-2; C75,§22-2;
0•89W 9231; C78;522-2; 085,522-2; 0,11,224)
22-3. APPLICATION FOR LICENSE. '
Any person applying for a license to conduct a solicitation of
funds shall make written application therefor to the city clerk, No
license shall be issued unless an application containing the fallowing
information is first completed:
(1) Ham* Of applicant and the Organization he or she
represents-,
(2) purposes Of the solicitation or purposes of the organi-
zation;
(3) Location and address of the general headquarters of the
Organization and of any headquarters or person through
which the Organization locally operates.
(4) Names and addresses of the officers of the organization;
(5) Names of the persons having charge of the solicitation
and the estimated number of persons who will be directly
Soliciting funds;
(6) proposed methods Of soliciting or raising funds;
(7) The name and address of the local person or officer to
whom action on the application and other city correspon-
dence with the organization may be sent; any change in
904
FROM,- CITY DSM LEGAL THIRD -FLOOR CITY HALL 08.29. 1994 09: 17 P. 6
SOLICITING FUNDS
such name or address after issuance of a license shalt be
filed with the city clerk;
(8) A statement setting out the cost of solicitation as a
Percentage of funds raised annually and a statement
setting forth why said costs of solicitation are rea-
sonable. In the event the cost of Solicitation exceeds
45%, of funds solicited annually the city clerk shall
refer the application to the city council which shall
treat the license: under section 22-5 as if it had been
denied and the denial had been appealed to the city coun-
cil. (C42, S61-3; C54, C62,§52-3; C75, g22-3; 0.8988,
9231; C79: g22-3; C85,§22-3; 0.11,224. 11,534)
22-3.01. REPEALED BY ORD. 11,224,11.
22-4. ISSUANCE OF LICENSE.
Upon the city clerk determining that a person applying for a
license has complied with the terms of section 22-3 hereinabove, and
that the other sections of this chapter and ordinances of the city
will be obeyed in the conduct of the solicitations so described, he or
she shall issue a license to solicit funds, Failure to comply with
the application requirements shall be grounds to deny a license. The
•��� city clerk shall not issue a license to any organization where total
d ' annual costs of solicitation exceed 45% of funds solicited annually by
the organization, but shall refer such application to the city council
for review as if the license has been denied. (C75,§22-3.01; 0,9231;
C79,S22-3.0i; C85,§22-4; 0.11,224)
22-5. APPEAL TO CITY MIRCIL.
Any license denied may be appealed to the city council within 20
days of denial. The city council shall consider the denial at its
next regular meeting and either affirm the denial or order the city
clerk, after payment of fees to Issue the license. The city council
may consider additional evidence upon appeal. Any license not issued
because total annual cost of solicitation exceeds 45% of funds soli-
cited annually shall be referred by the city cleric to the city coun-
cil, which shall at its next regular sleeting decide whether the
license shall issue in the same manner as an appeal from denial of a
license. The city council shall issue a license to an organization
where costs of solicitation exceed 45% of funds solicited annually
If it finds any of the following:
(1) The organization is a tax exempt charity under either state or
federal law; or
v (2) Solicitation costs Include eMloyment of disadvantaged persons
and when costs of such employment is subtracted from total
solicitation costs the annual cost of solicitation would be
less than 0%; or
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;FRO'M CITY'DSM LEGAL THIRD FLOOR CITY HALL 08. 29. 1994 09: 18 P. 7
DES MOINE5 CITY CODE
(3) The: organization would be exempt from taxation under federal
or state law but is precluded from such exertion because it
engages in some farm of political activity.
(4) Any other reason which shows the organization is in fact
charitable and does not operate primarily for the benefit of
People who either raise funds or are in charge of fund
raising. (C86,122-5; 0.11,224)
22-5.01. REPEALED 8Y ORD. 11,224. 11.
22-6. DURATION OF LICENSE.
The license shall be issued in the name of the organization, shall
embody the particular information contained in the application there-
for, and shall be valid for one ,year from January 1 of the year of
issue or until revoked by the city council, whichever event occurs
first in time. Such license shall permit the licensees to solicit for
contributions of funds in the city so long as the name and make-up of
the organization, the goals and purposes thereof, the manner and
method of solicitation, and cost of solicitation remain the same as
stated in the application, if any of those particulars change, the
license shall becme and rwain invalid until the applicant has sub-
mitted the pertinent corrective information to the city clerk who may
endorse the application as continuing or deny the application as
changed In which event the applicant may appeal to the city council as
provided in section 22-3.01. (C75, g22-4; 0.8988. 9231; C79,§22-4;
C85,§22-6; 0,11,224, 11,240. 11,534)
22-7. LICENSE FEE.
The applicant shall pay a license fee in the amount of $25.pp to
the city clerk at the time of filing the application. There shall be
no prorated fees. In the event the initial application, or any
amended or corrected application is disapproved, such fee shall be
retained by the city to defer the administrative costs incurred.
(C42,§61-6n 04,§52-6; O.6023; C62. §52-6; C75,§22-5; 0.898s;
C79,§22-$, C85,§22-7; 0.11.224, 11,240)
22-8. SOLICITING--VEHICLES AND SOOTHS.
(a) No person shall solicit funds from a person situate in a motor t S fo p r
vehicle, whether on public or private property.
(b) The erection, maintenance and use of any stand, booth or simi-
lar structure in connection with any solicitation in a public street, -
alley, or other public property is prohibited. No table or free-
standing sign may be erected on any public property, except sidewalks
in which event the area occupied shall not exceed 4 feet by 4 feet and
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FROM CITY DSM LEGAL THIRD FLOOR CITY HALL 08.29. 1994 09 0 P. 8
SOLICITING FUNDS
shall not be positioned within 15 feet of the entrances of any
buildings or the intersection of any streets nor in such a manner as to
Impede normal pedestrian traffic. (C42,561-5; 0.5091; C54, C62,J52-8;
C75,122-6; 0.8988; C79,§22-5; C85,f22-8; 0.11,224)
22-9. SANE--MINORS.
Persons under 18 years of age may solicit funds under a license
Issued pursuant to this Chapter only when such solicitation is con-
ducted under the guidance and direct supervision of an adult.
(C42,161-5.01; 0.5356; C54, C62,152-9; 0.8654; C75,§22-9: o.8988;
C75, C79,122-7; C85,322-9; 0.11,224)
22-9.01. REPEALED 6Y ORD. 11,224, j1.
22-10. SAME--STREETS AND VEHICLES.
No person shall stand, sit, or be otherwise present in or on a
street, highway, alley, or traffic median or island located within
a street or highway, in order to solicit or attempt to solicit,
eMployment, business or contributions from the' occupants of any
vehicle. (C42.;61-7, C54, C62,152-10; C7S,§22-8; o.8988, 9231;
C79,122-8: C85,122-10; 0.11,224, 11,240)
22-11. SAME--PRIVATE pkopERTy,
No Pierson shall solicit funds on private property where the owner
or person in possession has posted a sign or signs which prohibit
solicitation of funds. (C42,*§61-9, 6-10, C54, C62,§55-11. 52-13,
C75,§22-9; 0.8988, 9231: C79,§22-9: C85,122-11; 0.11,224)
22-12. SAME--TIYE OF DAY.
No person shall solicit funds an public property or private pro-
perty from 9:00 A.H. until 8:00 A.M. the following clay, except in con-
nection with, during, and as a part of attendance at a public or
private social, civic, or religious event except funds may be soli-
cited in a skywalk, or airport corridor during actual hours of public
operation, the forgoing notwithstanding. (C75,§22-9.01; 0.9231; C79,
§22-9.01; C85,§22-12; 0,11,224)
22-13. PUBLIC PROPERTY.
(a) No person shall solicit funds in any public library.
(b) No person shall solicit funds in city hall, or any other city
office building, sxcVt in employae lounges or break areas or in
accordance with work rules adopted by the city manager.
(c) No person shall solicit funds within the zoo or botanical
center.
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DES WINES CITY CODE
(d) No person shall solicit funds in any skywalk without complying
with this chapter and chapter 23.
(a) No person shall solicit funds at the Des Moines International
Airport without complying with this chapter and chapter d. (C85,
§22-13; 0.11,224)
22-14. REVOCATION.
The city council may upon complaint which indicates that the terns
a license or the terms of this: chapter have been violated by the
holder of a license granted under the terms of this chapter, direct
the city clerk to cause notice to be mailed to the person whose name
and address are shown by the organization's most recent filing to be
the proper person, demanding that such person or other representative
of the license holder appear for hearing before the city council at a
set time, date, and place to show cause shy the license should not be
revoked. After such hearing, if the city council shall conclude that
a violation has occurred and that the license should be revoked, it
may revoke the license, and no further solicitation of funds shall be
conducted in the city by or on behalf of that organization for a
period of at least one year. For purposes of this section, the
actions of authorized employees, agents, or representatives of a
licensed organization in conducting solicitation of funds shall be
doemsd the actions of the organization. The actions available to the
city council pursuant to this section are in addition to such other
actions as are available for violation of city ordinances. (C75,
922-11; Ol8988, 9231; C79,522-11; CSS,jU-14; 0.11,224)
22-15. COPIES PROVIDED.
Any person or organization receiving a license shall be provided a
copy of sections 22-8 through 22-12, by the city clerk. (C85,122-15;
0.11,224)
908
P. 12/12
AUTOMATIC COVER SHEET
DATE . AUG-29-94 MON 9 : 32
T0 :
FAX # ; 915152395142-----002
FROM ; CITY OF CEDAR FALLS
FAX # ; 3192738655
12 PAGES WERE SENT
( INCLUUING THIS CODER PAGE )
.PUG-29,94 MON 9:27 CITY OF CEDAR FALLS FAX NO, 3192738655 P, 01/12
Post-41 brand fax transmittal memo 7671 #ot paycs ►
TorA / 068-
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Dep. Ph
Fax# - 51V Fax � NO.
AN ORDINANCE AMENDING CHAPTER 16, LICENSES
AND BUSINESS REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF CITY FALLS, IOWA,
BY: REPEALING SECTION 16-3 ISSUANCE OF
BUSINESS LICENSE, SECTION 16-4 CONTENTS OF
BUSINESS LICENSE, SECTION 16-5 TRANSFER OF
BUSINESS LICENSE, SECTION 16-6 OPERATION OF
BUSYNESS RESTRICTED TO LOCATION SPECIFIED ON
LICENSE; EXCEPTION, AND SECTION 1.6--7
EXPIRATION OF BUSINESS LICENSE, ALL AS
CONTAINED IN ARTICLE 1, IN GENERAL, AND
ENACTING IN LIEU THEREOF NEW SECTIONS 16-3,
16-4 , 16-5, 16-6 AND 16-7 PROVIDING FOR THE
ISSUANCE OF BUSINESS LICENSE TO BE SIGNED BY
THE CITY CLERK, PROVIDING TRAT THE LICENSE
ISSUED SHALL BEAR THE DATE OF ISSUANCE AND
SPECIFY THE PERSON TO WHOM ISSUED AND PURPOSE
FOR WHICH ISSUED, PROVIDING THAT NO LICENSE
PROVIDED FOR IN CHAPTER 16 SHALT, BE
ASSIGNABLE OR 'TRANSFERABLE EXCEPT WITH THE
CONSENT OF THE CITY CLERK, PROVIDING THAT
LICENSES ISSUED IN ACCORDANCE WITH CHAPTER 1.6
SHALL SPECIFY THE PARTICULAR LOCATION UNLESS
OTHERWISE PROVIDED BY THE CITY CLERK AND THAT
ALL LICENSES ISSUED STALL TERMINATE ON DECEM-
BER 31 IN EACH YEAR; REPEALING DIVISION 3
PEDDLERS AND SOLICITORS, AND DIVISION 4
TRANSIENT MERCHANT'S OF ARTICLE II, SPECIFIC
BUSINESSES AND OCCUPATIONS AND ENACTING IN
LIEU THEREOF A NEW DIVISION 3 , PEDDLERS,
SOLICITORS AND TRANSIENT MERCHANTS, PROVIDING
DEFINITIONS AND REGULATIONS FOR PEDDLERS,
SOLICITORS AND TRANSIENT MERCHANTS IN THE
CITY OF CEDAR FALLS, IOWA, PROVIDING FOR
EXEMPTIONS TO SAID REGULATIONS, PROVIDING FOR
BOND, INSURANCE AND FOR ENFORCEMENT OF THE
PROVISIONS REGULATING PEDDLERS, SOLICITORS
AND TRANSIENT MERCHANTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CEDAR FALLS, IOWA:
Section 1 . Section 16-3 , Issuance of Business License
of Article I, in General of Chapter 16 , Licenses and Business
Regulations of the Code of Ordinances of the City of Cedar
Palls, Iowa is hereby repealed in its entixety and the following
. •AUG-29-94 MON 9:28 CITY OF CEDAR FALLS FAX NO, 3192738655 P, 02/12
new Section 16-3, Issuance of Business License is enacted in
lieu thereof:
Section 16-3 . issuance of Business License.
Unless otherwise provided, any person desiring a
license from the City for any of the purposes ref-.erred to in
this chapter, shall make application therefor to the City Clerk
on a blank furnished for that purpose, and upon payment of the
license fee the City Clerk shall issue to such person the proper
license.
Section 2 . Section 16-4, Contents of Business License
of Article I, in General of Chapter 16 , Licenses and Business
Regulations of the Code of Ordinances of the City of Cedar
Falls, Iowa is hereby repealed in its entirety and the following
new Section 16-4, Contents of Business License is enacted in
lieu thereof-:
Section 16-4. Contents of Business License.
Each license issued in accordance with the provisions
of this chapter shall bear the date of issuance thereof, and
shall specify the person to whom issued and the purpose for
which issued, shall describe the place where the business is to
be carried on, the time of its expiration and the amount paid
for the license, and shall be signed by the City Clerk.
Section 3. Section 15-5, Transfer of Business License
of Article 1, in General of Chapter 16,. Licenses and Business
Regulations of the Code of Ordinances of the City of Cedar
Falls , Iowa is hereby repealed in its entirety and the following
new Section 16-5, Transfer of Business License is enacted in
lieu thereof:
Section 16-5 . Transfer of Business License.
No license provided for in this chapter shall be
assignable or transferable except with the consent of the City
Clerk.
AUG-229-9.4 MON 9:28 CITY OF CEDAR FALLS FAX NO, 3192738655 P, 03/12
Section 4. Section 1.6-6, Operation of Business Re-
stricted to Location Specified an License; Exception of Article
I, in General of Chapter 16 , Licenses and Business Regulations
of The Code of Ordinances of the City of Cedar Falls, Iowa is
hereby repealed in its entirety and the following new Section
16-6 , Operation of Business Restricted to Location Specified on
License; Exception, is enacted in lieu thereof:
Section 16-6 . operation of Business Restricted to
Location Specified on License; Exception.
All licenses issued in accordance with the provisions
of this Chapter shall specify the particular place in the city
where the business, entertainment or affair thereby licensed is
to be performed or carried on, to which location the licensee
must confine himself/herself under penalty of forfeiture of
his/her license unless otherwise permitted in writing by the
City Clerk. This Section shall not apply to any licensee whose
duties require him/her to go from place to place within the city
in pursuance of his/her work and duties under his/her license.
Section 5. Section 16-7 , Expiration of Business
License of Article I, in General of Chapter 16, Licenses and
Business Regulations of the Code of Ordinances of the City of
Cedar Falls, Iowa is hereby repealed in its entirety and the
following new Section 16-7, Expiration of Business License is
enacted in lieu thereof :
Section 16--7. Expiration of Business License.
Unless otherwise provided, all licenses issued in
accordance with this chapter shall expire on December 31 in each
year.
Section 6 . Division 3, Peddlers and Solicitors and
Division 4, Transient Merchants of Article II, Specific
• -AUG-29-94 MON 9;28- CITY OF CEDAR FALLS FAX NO. 3192738655 P. 04/12
Businesses and occupations of Chapter 16, Licenses and Business
Regulations of the Code of Ordinances of the City of Cedar Falls,
Iowa are hereby repealed in their entirety and the following new
Division 3, Peddlers, Solicitors and Transient Merchants is
hereby enacted and added to Article 11, Specific Business and
Occupations of Chapter 16, Licenses and Business Regulations of
the Code of Ordinances of the City of Cedar Falls, Iowa, as
follows:
Division 3
Peddlers, solicitors and Transient Merchants
Section 16-16 . Definitions.
Terms used in this chapter have- the- following
meanings:
(-a-) Peddler: Any person who goes from house to
house, from place to place, or from street to street
conveying or transporting goods, non-potentially
hazardous foods, wares or merchandise or exposing the
same for sale, or making sales and delivering articles
to purchasers. All potentially hazardous foods are
prohibited from sale. If_ a vehicle is used by a
peddler For the sale of any food items, all
requirements of this Division relating to vehicles and
food stuffs shall be applicable.
(b) Potentially hazardous food: Any food that con-
sists in whole or in part of milk or milk products,
eggs, meat, poultry, fish shellfish, edible crustacea
or other ingredients, including synthetic ingredients,
in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms. The
term does not include clean, whole uncracked,
odor-free shell eggs or foods which have a pH level of
4 .6 or below or a water activity (aw) value of 0.85 or
less. (cross reference Section 16-80)
(ca Solicitor: Any pez-son who goes from house to
house, from place to place, from street to street
soliciting or taking orders for sale of goods,
non-potentially hazardous foods, wares or merchandise,
AUG-29-94 i`ON 9:29 CITY OF CEDAR FALLS FAX NO, 3192738655 P, 05/12
including but not limited to magazines, books,
photographs, periodicals , or personal property, for
future delivery or for a service to be performed in
the future. All potentially hazardous foods are
prohibited from sale.
(d) Transient Merchant: Any person who engages in a
temporary business of selling and delivering goods ,
non-potentially hazardous foods, wares or merchandise
within the City who in furtherance of such purposes
leases, uses or occupies any vehicle, trailer, tent,
railroad car, or outdoor place in the City for the
exhibition and retail sale of such goods, wares or
merchandise. All potentially hazardous foods are
prohibited from sale. Transient merchants shall not
include the temporary sale of goods, non-potentially
hazardous foods, waxes or merchandise by a permanent
merchant on private property adjacent to the
merchant' s permanent place of business . Said
temporary sales shall not exceed seven consecutive
days in duration nor take place more than once every
thirty days.
(e) Vendor! Shall include peddlers, solicitors and
transient merchants.
Section 16-77 . License Required.
( a) No person shall engage in the business of vendor
in the City without a license as provided in Section
16-2 with the exception of those individuals and
organizations identified in section 16-7 ( f) . Only one
natural person may engage in such activity under one
license.
(b) The City Council may revoke any license issued
;r under this Division where the licensee, in the
, application for the license or in the course of
P°1 ��� ^ � � conducting his/het business has made traudulent, �C`
by 1f" S� false, or incorrect statements, or has violated this
Division or has otherwise conducted his/her business
in an unl awful__manner. Notice of the hearing for
revocafion of a license shall be given in writing,
setting forth specifically the grounds of complaint,
and the time and place of hearing. Such notice shall
be mailed to the licensee at his/her last known
address at least five (5) days prior to the date set
for hearing.
(c) Each vendor shall obtain the necessary licenses
and/or permits as may be required by the County, State
or Federal governing bodies . All applicants shall
comply with all applicable County, State or Federal
laws, rules and regulations .
AUG-29=94' MON 9:29 CITY OF CEDAR FALLS FAX NO. 3192738655 P. 06/f2
(d) Each transient merchant shall, prominently display
his/her license at all times while engaging in a
temporary business of selling and delivering goods,
non-potentially ha2ardous foods, wares, or merchandise
within the City.
(e) The license issued pursuant to this Division is
to be carried at all times by the licensee when he/she
is engaged in the particular activity for which the
license was issued and shall, upon the request of
customers or City employees, exhibit the license as
evidence of compliance with all requirements of this
Division.
(f)- Persons engaged in the following described activi-
ties are exempt from the duty of applying for a -
vendors license:
(1) Persons selling at wholesale to merchants for the
purpose of resale.
( 2) Persons selling or distributing newspapers or
similar tabloids.
( 3 ) Persons selling tangible personal, property or
services to business enterprises_
(4) Persons who sell at their permanent residence in
the City works of art or craft made or created by
such person or a member of such person' s
immediate family.
( S) Persons licensed by the State of Iowa to sell
real estate or insurance or licensed as
transient vendors of drugs.
(6) Persons selling or distributing livestock feeds
as defined by the laws of the State of Iowa.
(7 ) Persons selling or delivering tangible personal
property or services through a permanent business
located in the City, or sold to regular customers
on established routes .
(8) Persons selling or distributing baked goods,
fresh fruit or vegetables . (cross reference
Section 16-80)
(9) Persons selling tangible property at a garage,
basement, or yard sale held at one of the
person' s premises but not more than
two sales within any twelve-month
period.
AUG=29794 MON 9:30 -CITY OF CEDAR FALLS FAX NO, 3192738655 P- 07/12
( 10) Persons conducting and selling admissions to or
for theatricals, shows, rides, sports and games,
concerts, circuses, carnivals or any other public
amusement where no sales or other products are
involved and such sales are made on the premises
where the event is to be conducted.
ell) Solicitations and sales by Charitable and
nonprofit organizations defined and authorized by
Chapter 504A of the Iowa Code are authorized and
organized under statutes or regulations of the
United States Government, or approved by the
Internal Revenue Service, all public and private
schools and colle.ges, nonprofit clubs and lodges
that are not ordinarily conducted as a business
that do no need the requirements of Chapter
504A.
(12) Persons licensed as auctioneers by the laws of
the State of Iowa.
( 13) Persons selling merchandise or services through
an event sponsored by the U.S. Government, State
Government, any governmental subdivision or at
any event conducted on real estate owned or
leased by such governmental unit.
( 14) persons selling merchandise within a shopping
center.
:Section 16-78. Application for License.
(a) Applicant for a license under this Division shall
file with the City Clerk a sworn application in
writing which shall give the following information:
1. Name and physical description of applicant;
2. permanent home address and also the local address
of applicant; _
3 . A brief description of the nature of the business
and the goods to be sold;
4 . Proposed location, address, route, and/or area in
which the business is to be operated;
5. The name and address of employer, if any;
6 . The length of time for which the night to do
business is desired;
.AUG-29-34 ,MON 9:30 CITY OF CEDAR FALLS FAX NO, 3192738655 F. 08/12
7. If employer is a corporation, the state of its
incorporation, whether it is authorized to do
business in Iowa, and evidence that the
corporation has designated a resident agent in
the Cityy upon whom legal service may be made and
that the corporation will be responsible for the
acts of its employees in the City;
8. A statement as to whether or not applicant has
been convicted of any crime, misdemeanor, or
violation of any Municipal ordinance other than a
traffic violation, the nature of the offense and
the penalty imposed;
9. The last municipalities , not exceeding three,
where applicant carried on business immediately
preceding date of application and the addresses
from which such business was conducted in those
cities.
(b) In determining whether a license under this
Division should be granted or denied the following
standards shall be taken into consideration:
1. If the proposed activity is likely to cause undue
congestion of a public area.
2. If the applicant has had an unreasonable number
of complaints for misrepresentation, fraud, or
selling defective merchandise.
3. If the applicant has been convicted of a violation
of a similar ordinance within the last six months.
4. If the applicant has been convicted within the
last five years of any public offense relating to
fraud or misrepresentation.
5. If the proposed activity is likely to cause
excessive or unusual noise.
Section 16-79 . Location Restrictions.
(a) No person, firm, corporation, or other
organization shall sell, display, or otherwise offer
for sale any merchandise or other materials on any
.sidewalk, street, public right-of-way, or other public
property without first obtaining approval by the Cit'y
-Council or by a duly authorized representative.
Application for such license shall be made in writing
to the City Clerk. The Clerk shall reter such
. .AUG-29-94 .M0N 9:30 CITY OF CEDAR FALLS
FAX NO. 3192738655 P. 09/12
lication to the appropriate City departments for
r1aview and report. Said application along with the
ai?propriate department reports shall then be forwarded
to the City Council or to a duly authorized
representative for action to approve or disapprove.
(b) persons, firms, corporations or other
Oz'ganizations having valid contracts with the City of
Cedar Falls authorizing activities hereinbefore
described in Paragraph ( a) above are excepted from the
terms of said paragraph for the activities
specifically authorized in the contract.
(c) The City Council reserves the right to change the
101=ation of any transient merchant to a new
location in the event public Safety or congestion
so requires, based on the discretion of the
Council.
(d) Transient merchants who are engaged in business
on private property may only do so in the
following Zoning Districts as defined in the
Cedar Falls zoning Ordinance, Chapter 29 of the
Code of ordinances of the City of Cedar Falls,
Iowa; C-1 Commercial District, C-2 Commercial
District, C-3 Commercial District, and s-1
Shopping Center District.
C6e) No transient merchant shall be
Permitted
operate from one location for more than seven ( 7 )
consecutive days and no other transient merchant
shall be permitted to operate another business at
that_ location within the immediate thirty following the previous transient merchant.
( 3Q) days.
(f) The City Council may by resolution, following a
request by a vendor, grant exceptions to the time
constraints of Section 16-79 (e) and the license
requirements of Section 16,-77 based upon just cause.
(9) All vendors shall comply with all re
s of
the City of Cedar Falls Zoning Ordinance (Chapteert29,
Code of Ordinances, of the City of Cedar Falls, Iowa) ,
except that transient merchants shall not be required,
to provide off-street parking facilities as re
by said Zoning Ordinance; however, if Off-street
Parking facilities are provided the design and
maintenance of said facilities shall be in accord with
the ;specifications and standards set forth in said
Zoning Ordinance.
(h) No vendor vending from a motor vehicle shall
conduct his/her business in such a way as would
rest'7'ct or interfere with the ingress or egress of
AUG.2G=94 MON 9,31 CITY OF CEDAR FALLS FAX NO, 3192738655 'P. 10/12
the abutting property owner or tenant, or create or
become a public nuisance, increase traffic, congestion
or delay, or constitute a hazard to traffic, life or
property, or an obstruction to adequate access to
fire, police, sanitation, or emergency vehicles.
Furthermore, no vehicle shall remain in any one place
for a period longer than necessary to make a sale
after having been approached for that purpose.
Section 16-80 . List of Approved Food and Beverage
Items.
The U.S.D.A. Food and Drug Administration has
published laws and regulations regarding approved food and
beverage items which may be sold by vendors. No items of any
kind, other than those food and beverage items allowed in -the
U.S.D.A.-F.D.A. ordinance shall be sold or dispensed by
vendors. (cross reference Section 16-76 (b) and Section 16-77
Section 16-81. Bond.
An applicant for a license under this Division shall
file with the City Clerk a surety bond in the amount of $1, 000,
conditioned that the applicant shall Comply fully with all
ordinances of the City and laws regulating vendors, and
guaranteeing to any resident of the City that all money paid
will be accounted for applied according to the representation of
the licensee, said bond to continue in force as to such surety
for not less than one year from the date of execution of such
agreement. Action on such bond may be brought by the person
aggrieved and for whose benefit,, among others, the bond is given.
Section 16-82. Insurance.
,All licensees shall provide proof of general liability
insurance including products liability in the amount of $300,000
per occurrence and $100 ,000 for property damage. A certificate
of insurance shall be delivered to the City Clerk prior to the
issuance of a license. The City of Cedar Falls and its _
employees shall be named as additional insureds against any
liabilities that may arise in connection with the operations of
the licensees .
Section 16--83 . Fees
(a) License fees for licenses issued under the
Division shall be Established by the City Council of
the City of Cedar Falls from time to time.
i
•AUG29-°94,MON 9:31 CITY OF CEDAR FALLS FAX NO. 3192738655 P. 11/12
(b) Fees will not be prorated or refunded unless the
license is revoked by the City Council.
Section 16-84. Lights and Noisemakers
No vendor, nor anyone in his/her behalf shall shout,
make any outcry, blow a horn, or use any other sound devise
including any :loud speaking radio or amplifying system for the
purpose of attracting attention to any goods, wares or
merchandise which such vendor proposes to sell.
Section 16-88. Hours of Operation.
No vendor shall operate before 8: 00 a.m. nor after
9 : 00 p.m. on any day unless specifically approved by the City
Council.
Section 16--86 . Duty of Police to Enforce.
It shall be the duty of the police of the City of
Cedar Falls to examine all places of business or persons in
their respective territories subject to the provisions of this
Division, to determine if this Division has been complied with
and to enforce the provisions of this Division against any
person found to be violating the same.
Section 16-87 . Penalty.
That any person, firm, or corporation violating any
provision, section, or paragraph of this ordinance shall be
guilty of a municipal infraction, and upon conviction thereof be
subject to a penalty as provided in Section 16-1. Each day a
violation occurs shall constitute a separate offense.
Section 16--88. Compliance Required.
Notwithstanding the provisions of this ordinance, all
vendors shall comply with all requirements of the Cedar Falls
Zoning Ordinance (Chapter 29, of the Code of Ordinances, in the
City of Cedar :Falls, Iowa) as presently enacted, or as hereafter
amended, except as may be specifically otherwise stated in this
Division.
PASSED 1ST CONSIDERATION: M Q v`G"V\
PASSED 2ND CONSIDERATION --
PASSED 3RD CONSIDERATION: ���