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.
Municipal Code
Chapter 122 – Peddlers, Solicitors and Transient Merchants
Regulations governing the licensing and regulation of peddlers, solicitors, and transient merchants to protect residents of the City against fraud, unfair competition, and intrusion into the privacy of their homes.
Chapter 122
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 or structure whatsoever, or who operates out of a vehicle that 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.
An application in writing shall be filed with the Clerk for a license under this chapter. Such application shall set forth the applicant's name, permanent and local address, and business address if any. The application shall also set forth the applicant's employer, 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. An application fee of fifteen dollars ($15) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.
122.05 LICENSE FEES.
The following license fees shall be paid to the Clerk prior to the issuance of any license.
1. For one week …………………………………………………… $10
2. For one year or major part thereof…………… $25
122.06 BOND REQUIRED.
Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.
122.07 DENIAL OF PERMIT.
Upon the application of a person, the police department shall run a background check upon the applicant. The City Clerk may deny the application for a permit if the applicant has been convicted of a forcible felony (arson, assault, burglary, child endangerment, kidnapping, murder, robbery, or sexual abuse, ) or an act of dishonesty (fraud, larceny, shoplifting, identify theft, forgery, or perjury). The denied applicant may request a hearing with the City Council to appeal the denial of a permit, within ten (10) days of date of denial, by filing a written request with the City Clerk. The City Council will conduct a hearing within ten (10) days of filing the request for hearing. After hearing the City Council may approve the permit or deny the permit based upon a reasonable articulation of public health and safety.
122.08 LICENSE ISSUED.
If the Clerk 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.
122.09 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.
122.10 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.
122.11 TIME RESTRICTION.
All peddler's and solicitor's licenses shall provide that said licenses are in force and effect only between the hours of 8:00 a.m. and 7:00 p.m.
122.12 REVOCATION OF LICENSE.
Following a written notice and an opportunity for a hearing, the Clerk may revoke any license issued pursuant to 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.
The Clerk shall send the written notice to the licensee at the licensee's local address. The 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.
122.13 HEARING.
A hearing shall be held before the Council 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 Council may proceed to a determination of the complaint.
122.14 RECORD AND DETERMINATION.
The Clerk 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 Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.
122.15 APPEAL.
If the Clerk revokes or refuses to issue a license, the Clerk shall make a part of the record the reasons for such revocation or refusal. 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 Clerk by a majority vote of the Council members present and the Clerk shall carry out the decision of the Council.
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 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 for sale their own products.
4. Students. Students representing the Lenox School District conducting projects sponsored by organizations recognized by the school.
5. Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.
122.18 CHARITABLE AND NONPROFIT ORGANIZATIONS.
Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504 of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.04 and 122.05. All such organizations are required to submit in writing to the Clerk 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 Clerk finds that the organization is a bona fide charity or nonprofit organization, the Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 122.14 of this chapter.
(Ch. 122 – Ord. 366 – Dec. 14 Supp.)