| Peddler Permit |
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.
122.02 DEFINITIONS.
For use in this chapter the following terms are defined:
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 City Administrator/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 $10.00 shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.
122.05 LICENSE FEES.
In addition to the application fee identified in Section 122.04 of this chapter, the following license fees shall be paid to the City Administrator/Clerk prior to the issuance of any license.
B. For one week $25.00
C. For up to six months $100.00
D. For one year or major part thereof $175.00
122.06 BOND REQUIRED.
Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the City Administrator/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 LICENSE ISSUED.
If the City Administrator/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.
122.08 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.
122.09 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.
122.10 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 6:00 p.m.
122.11 REVOCATION OF LICENSE.
Following a written notice and an opportunity for a hearing, the City Administrator/Clerk may revoke any license issued pursuant to this chapter for the following reasons:
122.12 HEARING.
The City Administrator/Clerk shall conduct a hearing 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 City Administrator/Clerk may proceed to a determination of the complaint.
122.13 RECORD AND DETERMINATION.
The City Administrator/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 City Administrator/Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.
122.14 APPEAL.
If the City Administrator/Clerk revokes or refuses to issue a license, the City Administrator/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 City Administrator/Clerk by a majority vote of the Council members present and the City Administrator/Clerk shall carry out the decision of the Council.
122.15 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.
122.16 REBATES.
Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee paid if the license is surrendered before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least $5.00 of the original fee shall be retained by the City to cover administrative costs.
122.17 LICENSE EXEMPTIONS.
The following are excluded from the application of this chapter.
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 to the City Administrator/Clerk in writing 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 City Administrator/Clerk finds that the organization is a bona fide charity or nonprofit organization, the City Administrator/Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the City Administrator/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.
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.
122.02 DEFINITIONS.
For use in this chapter the following terms are defined:
- “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.
- “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.
- “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.
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 City Administrator/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 $10.00 shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.
122.05 LICENSE FEES.
In addition to the application fee identified in Section 122.04 of this chapter, the following license fees shall be paid to the City Administrator/Clerk prior to the issuance of any license.
- Solicitors. In addition to the application fee for each person actually soliciting (principal or agent), a fee for the principal of $10.00 per year.
- Peddlers or Transient Merchants.
B. For one week $25.00
C. For up to six months $100.00
D. For one year or major part thereof $175.00
122.06 BOND REQUIRED.
Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the City Administrator/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 LICENSE ISSUED.
If the City Administrator/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.
122.08 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.
122.09 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.
122.10 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 6:00 p.m.
122.11 REVOCATION OF LICENSE.
Following a written notice and an opportunity for a hearing, the City Administrator/Clerk may revoke any license issued pursuant to this chapter for the following reasons:
- Fraudulent Statements. The licensee has made fraudulent statements in the application for the license or in the conduct of the business.
- Violation of Law. The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.
- 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.
122.12 HEARING.
The City Administrator/Clerk shall conduct a hearing 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 City Administrator/Clerk may proceed to a determination of the complaint.
122.13 RECORD AND DETERMINATION.
The City Administrator/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 City Administrator/Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.
122.14 APPEAL.
If the City Administrator/Clerk revokes or refuses to issue a license, the City Administrator/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 City Administrator/Clerk by a majority vote of the Council members present and the City Administrator/Clerk shall carry out the decision of the Council.
122.15 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.
122.16 REBATES.
Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee paid if the license is surrendered before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least $5.00 of the original fee shall be retained by the City to cover administrative costs.
122.17 LICENSE EXEMPTIONS.
The following are excluded from the application of this chapter.
- Newspapers. Persons delivering, collecting for, or selling subscriptions to newspapers.
- Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America, and similar organizations
- Local Residents and Farmers. Local residents and farmers who offer for sale their own products.
- Students. Students representing the Clayton Ridge Community School District conducting projects sponsored by organizations recognized by the school.
- Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.
- Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.
- Minor Businesses. An on-site transactional business traditionally operated exclusively by a person under the age of 18, operated on an occasional basis for no more than 89 calendar days in a calendar year. (Code of Iowa, Sec. 364.3[15])
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 to the City Administrator/Clerk in writing 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 City Administrator/Clerk finds that the organization is a bona fide charity or nonprofit organization, the City Administrator/Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the City Administrator/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.
