Peddlers and Transient Merchants
Sec. 22-90. Definitions.
The following terms, when used in this article, shall have the meanings ascribed to them below:
Peddler shall mean any person, whether a resident of this city or not, who travels by foot, motor vehicle or any other conveyance, from place to place, from house to house, or street to street, carrying, offering or exposing goods, wares, merchandise or food products for sale, or taking or soliciting orders for goods, wares, products or merchandise for future delivery, whether the person collects advance payments for such sales, or not; or who, without traveling from place to place, sells or offers for sale from a wagon, motor vehicle, temporary stand or other conveyance stationed upon public or private property, goods, wares, merchandise or food products.
The term "person" includes an individual person, a firm, corporation, partnership or association, whether owner, agent, bailee, consignee or employee.
Transient merchant, whether a resident of this city or not, shall mean any person who engages in the exhibition or selling of goods, wares, merchandise, or products for a period of 60 days or less, who hires, leases or occupies any building, structure or space of any kind for the purpose of carrying on a business.
Sec. 22-91. License required.
(a) Each and every person to engage in business as a peddler or transient merchant, as defined in this article, within the city, shall first obtain a license therefor from the city clerk and pay the investigation fee and license fee as provided in this article.
(b) No person or agent having control of private property within the city shall knowingly permit another person to engage in business on or about that property as a peddler or transient merchant, as defined in this article, without first requiring that person to obtain a license therefor and paying the prescribed fee as provided in this article.
(c) A group license shall be obtained by a sponsoring entity or organizer for peddlers or transient merchants participating in any organized celebration, promotion, festival, activity or event for a period no longer than seven days at a specific location. At the time of procuring a group license, the sponsoring entity or organizer shall provide the city clerk with the date(s) of the event and the location. The sponsoring entity or organizer shall also provide the clerk with the name, permanent residence, social security number, trade name, if any, and Iowa sales tax number of each peddler or transient merchant present, on or before the event, or within ten days following the event.
Sec. 22-92. Exemptions.
The provisions of this article do not apply to the following:
(1) Delivery of newspapers;
(2) Delivery of dairy products;
(3) A producer, raiser or grower of their own farm products;
(4) Persons selling at wholesale to business establishments, professional offices or institutions, exclusively;
(5) Persons selling their own art or handicrafts;
(6) Students of any school in the city selling or soliciting on behalf of his or her school;
(7) Persons who call on prospective customers by appointment only;
(8) Sales made by sheriffs, constables, marshals, executors, guardians, assignees of insolvent debtors or bankrupts, or any other person required by law to sell real or personal property;
(9) Community-based nonprofit groups, that is, service clubs, social groups, youth organizations, religious organizations, that have regular meetings of members in the city. Said groups shall obtain a canvasser/solicitor license as required by article VI of this chapter.
Sec. 22-93. Application.
Individuals desiring a license, as required by this article shall make application in writing to the city clerk and remit a $5.00 investigation fee at the time of filing said application. The application shall contain the following information:
(1) Name, permanent residence, social security number of the applicant;
(2) Address while in the area;
(3) Name, address and phone number of the firm, corporation, partnership or association for whom applicant is conducting business;
(4) Type of license applied for;
(5) Iowa sales tax number;
(6) If the applicant is a corporation, the application shall state whether or not the applicant is a state corporation or a foreign corporation, and if a foreign corporation, shall state whether or not such corporation is authorized to do business in the state;
(7) Address of location where business will be conducted or the manner in which the business will be conducted;
(8) Date/dates when proposed license is desired;
(9) The make, model, year, license number and state of registration of any vehicle being used in connection with said business;
(10) Description of products, merchandise, etc., being sold and the price of each;
(11) Name, address and phone number of immediate supervisor/manager;
(12) Name of the most recent previous community in which licensed or operated;
(13) State food establishment license number, if applicable;
(14) If a public property permit has been obtained, if applicable.
(Download copy of application form.)
Sec. 22-94. Investigation.
Upon receipt of an application, the city clerk shall forward to the chief of police or designee, who shall, within five working days, recommend approval or disapproval of the issuance after investigation of the applicant's reputation and character and license application content.
(1) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application disapproval and reasons therefor and return said application to the city clerk, who shall notify the applicant of said disapproval and that no license will be issued.
(2) If, as a result of such investigation, the character or business responsibility of the applicant is found to be satisfactory, the chief of police shall endorse on such application approval and return the same to the city clerk who shall thereafter issue the license, subject to the terms and conditions of this article.
Sec. 22-95. Public property permit required.
All peddlers and/or transient merchants herein defined, including those persons exempt under section 22-92, must secure a permit prior to conducting any business transactions upon any sidewalk, street, alley or other public property owned by the city or any of its administrative agencies. Permits to conduct business on property under the jurisdiction of any of the city's administrative agencies must be secured from that administrative agency pursuant to such rules, regulations and fees adopted therefor by such agency. Permits to conduct business on all other city sidewalks, streets, alleys and property must be secured from the city administrator pursuant to such rules, regulations and fees established therefor by council.
Sec. 22-96. License - Display.
Each person issued a license shall, at all times while doing business in this city, keep in his/her possession, or shall display publicly at his/her place of doing business, his/her license, and shall, upon the request of a prospective customer, exhibit the license as evidence that he/she has complied with all requirements of this article.
Sec. 22-97. Same--Nontransferable.
Licenses issued under provisions of this article are not transferable in any situation and are applicable only to the person filing the application.
Sec. 22-98. Same--Fee.
The following license fees shall be paid to the city clerk by the applicant at the time of issuance:
(1) Ten dollars per day.
(2) Twenty-five dollars per week.
(3) Fifty dollars per month.
Sec. 22-99. Effective hours of license.
No person shall engage in the activities described in section 22-90 above between the time of sunset and sunrise.
Sec. 22-100. Removal from private property.
Any person licensed by this article shall immediately remove themselves from private property when requested to do so by the owner or occupant thereof and, while offering or exposing items for sale on said private property, shall not in any manner conduct themselves in such a manner as to violate any provision of the Code of Ordinances of the city, including the provisions of this article.
Sec. 22-101. Examination of food products.
(a) All food products to be sold or offered for sale under this article may be inspected and examined by the city administrator or designee, and this inspection shall apply to the quantity, weight, measure, and sanitation of the article offered for sale. Unwholesome, rotten or decayed foods shall not be sold or offered for sale and it is the duty of the city administrator or designee to condemn such foods, wherever found. The applicant shall bring the products to the place as the officer may direct for the examination and inspection.
(b) The city administrator or designee may require persons offering farm products for sale to produce satisfactory evidence that they are bona fide producers, raisers, or growers of the products or are their employees.
Sec. 22-102. Sanitation of food product containers, vehicles.
The containers and/or vehicles in which food products are handled or carried shall be clean and sanitary, protected by proper covers or screens against filth, dust, flies or other contaminating substances.
Sec. 22-103. Revocation of license.
(a) The city council may revoke any license issued under this article for the following reasons:
(1) Any misrepresentation on the license application or in the conduct of his/her
business.
(2) Violation of any federal, state or local law.
(3) Licensee has conducted his/her business in such a manner as to endanger the public
welfare, safety, order or morals.
(b) The license holder shall be notified by certified letter, return receipt requested, at the last known address, in written form containing the particulars of the complaints against the person, the ordinance or provisions or state statutes violated and the date, time and place on hearing on the revocation.
(c) The city council shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the fact alleged in the complaint and notice. Should the licensee or his authorized representative fail to appear without good cause, the council may proceed to a determination of the complaint.
(d) The city clerk shall make and record findings and conclusions of law made by the council and shall revoke a license only upon direction by the city council. The city council shall direct such revocation only finding clear and convincing evidence of substantial violation of this article or of the state law.
(e) If the city council directs the revocation of a license, such decision may be appealed to the Iowa District Court as by law provided.
Sec. 22-104. Effect of revocation.
Revocation of any license shall bar the licensee from being eligible for any license under this article for a period of one year from the date of revocation.
Sec. 22-105. Violation; penalty.
Any person violating the provision of this article shall, upon conviction, be subject to a fine and/or imprisonment not to exceed that amount allowed by section 1-8 of this Code. Each day the violation continues to exist shall constitute a separate offense.