HomeMy WebLinkAboutA002 - Copy of red-line code sections 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 n;(outside contractors or persons employed for this purpose by local
businesses should be allowed) 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 per-son-
(same as above)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) Each and every person engaged in residence to residence 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:
(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 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 evidence 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 14,below.
(i) 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.
0) The last municipalities,not exceeding three,where applicant carried on activities for which
registration is sought immediately preceding the date of application and the addresses from which such business was
conducted in those cities.
(5) The City Clerk shall,within five days of an application for registration being submitted,either issue the
registration badge or a detailed explanation of why the application is not acceptable. The City Clerk shall refuse to register
persons who fail to furnish complete or accurate information,and registration shall be invalidated if it is found that false
information was provided. Registration shall be denied if the applicant has violated this ordinance,of has had registration
hereunder revoked or invalidated in the past six months,or has been convicted of a felony during the past five years and can
provide evidence that rights of citizenship have been restored.(Can we do this?)
(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 children'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 following 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 Municipal Code;(including NEW Section 22.14(d)re: sales in parks)
(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 information about the sale or solicitation and identification of the persons
involved.
(d) to sellers of Iowa fruit and vegetable products or Iowa Producers who are registered with the
Iowa Department of Agriculture and Land Stewardship,
or and who present evidence of an agreement with a
private property owner for use of an appropriately-zoned
site.(See attached directory. Need help wording a
provision that would allow sales of honey,for example,
but not fresh meat or cattle.)
(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
8:00 p.m and 8:00 a.m.
(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.
(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.
(13) The City Clerk shall,after reasonable notice and opportunity for hearing,revoke any registration issued
under this division where the registrant,in the application for the registration or in the course of conducting his/her activity,
for which registered,has made statements constituting a fraudulent practice as defined by Subsection 714.8(6)Code of Iowa.
Notice of the hearing for revocation of a registration shall be given in writing,specifically setting forth the grounds of the
complaint and the time and place of the hearing.
(14) (REPEALED)
(15) It shall be a violation of this section for any person,whether registered or not registered,while soliciting,
peddling,or selling,to enter upon any residential premises in the City where the owner,occupant,or person legally in
charge of the premises has posted,at the entry to the premises or at the entry to the principal building on the premises,a sign
bearing the words"No Peddlers,""No Solicitors,"or words of similar import.
(16) Violation of this section shall be a municipal infraction punishable by a penalty of$100 for a person's first
violation thereof and$200 for each repeat violation. Alternatively,violation of this section can be charged by a peace office
of the City as a simple misdemeanor.
(Ord.No. 3497,Sec. 34, 8-25-98;Ord.No. 3551,3-7-00;Ord.No. 3931, 11-20-07)
Sec.22.11.FINDINGS AND PURPOSE.
It is found and declared that:
(1)The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic;
(2)Vending on city property,including,but not limited to the public streets,alleys,parking lots and spaces,
sidewalks thoroughfares and ways promotes the public interest by contributing to an active and attractive
pedestrian environment;
(3)Reasonable regulation of vending on city property is necessary to protect the public health, safety and welfare.
(4)The following regulations for vending on city property are not intended to restrain speech but merely to
regulate conduct which is commercial in nature.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec.22.12.DEFINITIONS.
(1) "Stand"means any table, showcase,bench,rack,pushcart,wagon vehicle or device used for displaying,
keeping and offering of articles for sale by a vendor.
(2)"Vendor"means any person engaged in selling,or offering for sale,of food,beverages,or other merchandise
from a stand,stationary motor vehicle or from the vendors person,on the public streets,alleys,parking lots,
sidewalks,thoroughfares,and ways.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec.22.13.LICENSE REQUIRED.
It shall be unlawful to sell,or offer for sale,any food,beverage or merchandise on any street, sidewalk,alley,city
parking lot or other thoroughfare without first obtaining a license therefore.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec.22.14.EXCEPTIONS.
This ordinance shall not be applied to the following:
(1)City department activities
(2)Civic and service club activities
(3)Home deliveries of pre-ordered food and merchandise in residential zoning districts.
(4)Vending within the city parks,which shall be regulated by the Parks and Recreation Commission and the City
of Ames Park System Vending Policy. (This exception(4)allows for current practices to continue)
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec.22.15.VENDING PROHIBITED IN CERTAIN PARTS OF THE CITY.
(1)The license provided for in Section 22.13 is applicable only in the various commercial and industrial zoning
districts of the city. Vending consisting solely of ice cream and similar frozen desserts may also take place in
the Hospital Medical zoning district.
(2)No vending is permitted in metered parking stalls.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec.22.16.APPLICATIONS.
The application for a vendor's license shall include:
(1)The name,home and business address of the applicant,and the name and address of the owner,if other than
the applicant,of the vending business,stand or motor vehicle to be used in the operation of the vending
business.
(2)A description of the type of food,beverage or merchandise to be sold.
(3)A description of the proposed location or routes of the vending business.
(a)If a route is not established when a permit is applied for,it shall be provided to the City Clerk's office
within 14 days after the permit is granted
(4)A certificate of inspection by the city sanitarian,when food items are to be sold.
(5)An insurance certificate naming the City of Ames,its officers,and employees as an additional insured with
comprehensive general liability limits in the amount of$500,000 combined single limit shall be in full force
and effect during the life of the vendor's license. The coverage shall be at least as broad as the ISO Form
Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the
current insurance certificate shall be maintained on file with the City Clerk.
(Ord. No. 2849, Sec. 1, 6-7-83; Ord. No. 3065, Sec. 1, 11-21-89, Ord. No. 3746, 11-18-03)
Sec.22.17. ISSUANCE
Sup#2006-1 22-14 Rev. 1-1-06
(1)Not later than 30 days after the filing of a completed application for a vendor's license,the applicant shall be
notified by the city of the decision on the issuance or denial of the license. The decision shall be made by the
City Manager or the Manager's designee.
(2)The City Manager shall consider the standards set forth in state restaurant regulations,and state itinerant
merchants regulations.No license shall be issued by the city unless there is proof that all required state
licenses and permits have been applied for or obtained. In the event that two or more applications for the same
location are received,the earliest application,if approved, shall be awarded the location if otherwise qualified
and acceptable.
(3)If a license is denied,the applicant shall notified in writing. The applicant shall be entitled to a hearing.
(4)A license is valid for a period of one year and can also be pro-rated by quarter,except that:
(a)A license for vending during a special event or celebration shall be limited to a stated duration of such
event or celebration
(b)An annual or pro-rated license may be issued subject to a limitation that it shall not be in effect during the
dates that a vending license is issued with respect to a special event or celebration that encompasses the
site of the annual or pro-rated license.
(Ord. No. 2849, Sec. 1, 6-7-83; Ord. No. 3324, Sec. 1, 4-11-95)
Sec.22.18.FEE.
A fee for the license and inspection shall be charged based upon the direct and indirect costs of administration,
inspection,and enforcement as set by resolution of the City Council. The fee can be pro-rated to match the
duration of the license.
(Ord. No. 2849,Sec. 1, 6-7-83)
See.22.19.DISPLAY OF LICENSE.
All licenses shall be displayed at all times during the operation of the vending business.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec.22.20.DENIAL,SUSPENSION AND REVOCATION.
Any license may be denied,suspended or revoked after notice and an opportunity for hearing for any of the
following causes:
(1)Fraud or misrepresentation contained in the application for the license.
(2)Fraud or misrepresentation made in the course of carrying on the business of vending.
(3)Conduct of the licensed business in such manner as to create a public nuisance,or constitute a danger to the
public health, safety,or welfare.
(4)Conduct which is contrary to the provisions of this ordinance.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec. 22.21.RENEWAL.
All licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. (Ord. No.
2849, Sec. 1, 6-7-83)
Sec.22.22.STANDARDS FOR VENDING.
The following standards shall be observed by all vendors:
(1)The vending stand shall be of such a size and so placed that it does not obstruct the orderly flow of pedestrian
and/or vehicular movement(s).
(2)The vending stand shall be placed so as not to obstruct visibility at street intersections or to obstruct driveway
entrances.
(3)All vending stands shall provide a litter receptacle which is available for the vendor's patrons'use.
(4)All vending stands shall be attended at all times and removed during hours of nonoperation.
(5)Upon removal of the stand,all litter and trash shall be picked up.
(6)Vending items shall be only those stated in the application.
(7)The vending stand shall be placed so as not to obstruct the view of merchandising displays of other businesses
abutting the sidewalk.
(8)All vending from motor vehicles shall be conducted in such a way as not to restrict or interfere with the ingress
or egress of the abutting property,create a public nuisance, increase traffic congestion or delay,constitute a
hazard to traffic,life,or property,or be an obstruction to adequate access to fire,police,or sanitation vehicles.
(Ord. No. 2849, Sec. 1, 6-7-83)
See.22.23.HEALTH AND SANITATION REQUIREMENTS FOR FOOD AND BEVERAGE VENDING.
Vendors of food and beverages shall comply with the inspection provisions and standards for restaurants.
(1)The equipment used in vending food and beverages shall be inspected upon application for a license and
receive a certificate of inspection upon compliance with this section.
(2)Each food and beverage vending business shall be inspected at least twice a year.
(Ord. No. 2849, Sec. 1, 6-7-83)
Sec. 22.24. SPECIAL REGULATIONS FOR NEWSPAPER DISPENSERS
(1)Devices for the vending or dispensing of newspapers shall not be set on sidewalks or other city property except
pursuant to a permit that shall be issued by the City Clerk subject to the regulations of this section.
(2)No such device shall be located:
(a)Within five feet of any fire hydrant,fire or police alarm box,or other emergency facility;
(b)Within two feet of any marked crosswalk or any driveway;
(c)Where it restricts access to a bus shelter or a bus bench;
(d)Where it interferes with loading or unloading at the front and rear doors of buses;
(e)On any handicap access ramp;
(f)In such a manner as to reduce the clear space for the passageway of pedestrians on sidewalks to a
continuous and unobstructed width of less than four feet
(3)On street right of way such devices shall only be placed either:
(a)Not more than one foot back from the face of the curb;or,
(b)Not more than six inches from a public utility pole or a traffic sign pole located near the curb;or,
(c)Parallel to the wall of and not more than six inches away from,a building,bus shelter,or other fixed
structure. When a newspaper dispensing device is placed near the curb,the device shall be positioned so
that the opening through which newspapers are dispensed does not face the curb line.
(d)No newspaper dispensing device set on city property shall exceed five feet in height or two feet in depth.
The maximum width of a newspaper dispensing device shall be computed by multiplying by two and one-
half feet the number of laterally-installed dispensing compartments,which number shall not include
dispensing compartments installed on top of other such compartments.
(c)If located along a street where parking is permitted,the maximum width of the device,or grouping of
devices shall not exceed ten feet along the street. There shall be not less than four feet between groups.
(f)No nearer than eight feet to an electric utility pole.
(4)Applications for permission to place one or more devices for dispensing newspapers shall be filed with the city
clerk on such forms as the clerk shall provide. The clerk shall charge a permit fee in such amount as shall
from time to time be established by the city council as sufficient to defray costs of administration and
inspection. A device for dispensing newspapers may be moved from one permitted location on city property to
another such place if a site plan showing the exact new location is filed with the city clerk no later than the
next business day after the move and provided that the placement of the device at the new site is in compliance
with the requirements of this section.
(5)An insurance certificate naming the City of Ames as an additional insured with comprehensive general liability
limits in the amount of$500,000 combined single limit shall be in full force and effect during the life of the
permit. A copy of the current insurance certificate shall be maintained on file with the city clerk.
(6)Newspaper vending devices on city property may be secured to the earth by means of anchors which meet the
approval of the Department of Public Works;but,they shall not be attached in any manner to any public utility
pole, street light pole,traffic sign,tree,bench,fire hydrant or any other city property,including pavement.
(7)If any person shall complain to the city that a permitted newspaper dispensing device on city property is a
present or potential cause of harm to persons or property,notice shall be given to the permittee. If the
permittec does not choose to voluntarily remove the device in response to the complaint,a hearing shall be
held after five days'notice before a panel composed of the Traffic Engineer,and two other persons designated
by the City Manager to hear and review the testimony,evidence and arguments of all concerned. If the panel
finds a hazard as aforesaid,the device shall be removed within one business day of notice.Failure to remove
the device as directed shall constitute a violation of this section.
(Ord. 3129, 6-11-91