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Home My WebLink About~Master - Amending Transient Merchant Regulations ORDINANCE NO. 3301 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 17.26 OF THE MUNICIPAL CODE AND ENACTING A NEW SECTION 17.26 FOR THE PURPOSE OF REVISING THE TRANSIENT MERCHANT REGULATIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by repealing Section 17.26 and enacting a new Section 17.26 as follows: "Sec. 17.26. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. (1) Each and every person engaged in residence to resi- dence 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 occu- pies 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 visi- ble, a valid registration and identification badge issued by the City Clerk. (3) Each and every person engaged in residence to resi- dence solicitation of gifts or donations who is not associated with a permanent office or home in the city where someone will receive and respond to inquiries for information and identification, shall first obtain and wear, in a manner plainly visible, a registration and identification badge issued by the City Clerk. (4) For the purpose of registration each person as aforesaid shall provide to the City Clerk, or Clerk's designee the following: ' 4 (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 perma- nent 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 proof of tax exemption from state and federal taxing authorities. (h) If employed by or working in association with a corporation, the state of its incorporation, whether it is authorized to do business in Iowa, and evi- dence that the corporation has designated a resident agent within 50 miles of the City upon whom legal service may be made and that the corporation will be responsible for the acts of its employees and or associates in the City; and that the corporation is covered by the insurance specified in item 13, below. (i) A statement as to whether or not applicant has been convicted of any crime, misdemeanor, or viola- tion of any municipal ordinance other than a traffic violation, the nature of the offense and the penalty imposed. (j) The last municipalities, not exceeding three, where applicant carried on activities for which registra- tion is sought immediately preceding the date of application and the addresses from which such business was conducted in those cities. 2 (5) The City Clerk may refuse to register persons who fail to furnish complete or accurate information, and registra tion shall be invalidated if it is found that false information was provided. Registration shall be denied if the applicant has violated this ordinance, or had registration hereunder revoked or invalidated in the past six months; or if previously convicted of any crime of fraud or violence to persons or property. (6) Each adult person shall produce a photograph-driver's license, or if they have no such license, a passport or other official photographic identification. Minor chil- dren's identification shall be any reasonable means that establishes the child's identity and the identity of the child's parent or guardian. (7) 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. (8) The provisions of this section do not apply in the fol- lowing cases: (a) 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 Munici- pal Code; (b) to persons who make regularly scheduled route deliveries in residential areas of goods or servic- es, e.g. newspaper carriers, lawn services, cable television service, dairy product delivery service; (c) to non-profit groups or events associated with some permanent office or home in the city where someone will receive and respond to inquiries for informa- tion about the sale or solicitation and identifica- tion of the persons involved. (9) The aforesaid registration badge shall be valid for sixty days from its date of issuance. (10) No person shall engage in the activities described in Subsections (1) and (3) above, between the time of sunset and sunrise. (11) Persons found to be acting in violation of this section shall be ordered by the police to cease immediately until in compliance with this section. Failure or refusal to obey such order shall be punishable as a misdemeanor. 3 A , (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 re- quired. 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. (13) The City Clerk may, after reasonable notice and opportu- nity for hearing, revoke any license issued under this division where the licensee, in the application for the license or in the course of conducting his/her business has made fraudulent, false, or incorrect statements, or has violated this ordinance of the City of Ames, or has otherwise conducted the activity for which registered in an unlawful manner. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing. (14) All applicants shall provide proof of general liability insurance including products liability in the amount of $500,000 combined single limits. A certificate of insur- ance shall be delivered to the City Clerk prior to the issuance of a license. The City of Ames and its employ- ees shall be named as additional insureds against any liabilities that may arise in connection with the licen- sees." Section Two. Violation of the provisions of this ordinance shall constitute a misdemeanor, punishable by a fine not to exceed one hun- dred dollars, or imprisonment not to exceed thirty days. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 27th day of September 994. Sandra L. Ryan, pity Clerk Larry R. Curtis, Mayor 0228 4