Amendment to City Code — Solicitor and Transient Merchant LicensesCity of Dubuque
City Council
ACTION ITEMS # 4.
Copyrighted
May 19, 2025
ITEM TITLE: Amendment to City Code — Solicitor and Transient Merchant
Licenses
SUMMARY: City Clerk recommending approval of the ordinance
amending City Code to establish separate licenses for
solicitors and transient merchants, revise background check
and application procedures, and update the criteria for
license denial.
ORDINANCE Repealing Title 4 Business And License
Regulations, Chapter 5 Solicitor's License And Replacing It
With New Chapter 5 Containing Articles A And B For
Solicitors And Transient Merchants
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. Staff Memo
2. Ordinance
Page 932 of 950
THE CITY OF
DUB E-E
Masterpiece on the Mississippi
Dubuque
City Clerk's Office
City Hall
AIF�
50 W. 13'h Street
Dubuque,lA 52001-4864
(563) 589-4100 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
2007.2012�2013
www.cityofdubuque.org
2017*2019
TO: Mayor Brad M. Cavanagh and Members of the City Council
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Amendment to City Code — Solicitor and Transient Merchant Licenses
DATE: May 13, 2025
An amendment is proposed to the City Code that updates how we regulate temporary
sales activity within the city. Currently, the code groups both door-to-door sales and sales
at temporary locations under a single "solicitor" license. To provide greater clarity, the
proposed changes would divide this into two separate license types:
Solicitor License — for individuals or businesses engaging in door-to-door sales.
Transient Merchant License — for sales conducted at temporary locations such
as parking lots or other non -permanent venues.
This change will help residents, vendors, and staff better understand the type of activity
being licensed. It also simplifies the review and processing procedures for City staff and
allows for a clearer workflow within our online licensing software. Several Iowa cities of
similar size offer two separate licenses, and the term "transient merchant" is defined in
the Iowa Code. By offering two distinct licenses, we ensure consistency for vendors
operating statewide and align our language with state code.
In addition to establishing a new section for Transient Merchants, we are amending the
current language to include the following updates:
• Clarifying that a background check is conducted for each applicant for a solicitor
license and the owner of a transient merchant business.
• Specifying that if there are pending criminal charges that could result in license
denial upon conviction, the city clerk's office has the authority to place the
application on hold for up to 14 days while the criminal charge is resolved.
• Removing application language to provide city staff with greater flexibility in
modifying the application as needed.
• Expanding the grounds for denial to include felony convictions within the past 7
years, any crime involving injury or property damage to another person, or if the
applicant is listed on the national sex offender registry.
Page 933 of 950
• Indicating that guilty pleas, no contest pleas, or plea agreements resulting in a
conviction to a lesser charge may be treated as equivalent to a conviction when
evaluating eligibility for a license.
• Clarifying the section related to music.
The Police Department, responsible for conducting background checks, provided input
on the criteria for denial. All city staff involved in reviewing solicitor licenses have been
informed of the proposed ordinance amendment and had an opportunity to provide
feedback.
I recommend approval of the ordinance amending the City Code to establish separate
licenses for solicitors and transient merchants, revise background check and application
procedures, and update the criteria for license denial.
cc: Mike Van Milligen, City Manager
Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Pam McCarron, Permit Clerk
Jeremy Jensen, Police Chief
Joesph Messerich, Assistant Police Chief
Scott Baxter, Police Captain
Amy Scheller, Fire Chief
Derek Paulson, Assistant Fire Marshal
Mary Rose Corrigan, Public Health Director
Tim Link, Environmental Sanitarian
Sydney Althoff, Environmental Sanitarian
Wally Wernimont, Planning Services Director
Travis Schrobilgen, Assistant Planner
Gus Psihoyos, City Engineer
Justine Hull, Traffic Engineer
Page 934 of 950
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 19 - 25
REPEALING TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 5
SOLICITOR'S LICENSE AND REPLACING IT WITH NEW CHAPTER 5 CONTAINING
ARTICLES A AND B FOR SOLICITORS AND TRANSIENT MERCHANTS.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4 Chapter 5 of the City of Dubuque Code of Ordinances is hereby
repealed.
Section 2. The Code of Ordinance Title 4 Chapter 5 of the City of Dubuque, Iowa
hereby reads as follows:
ARTICLE A. SOLICITORS
4-5A-1: DEFINITIONS:
As used in this chapter, the following term has the following meaning:
SOLICITOR: Any person offering and exposing goods, wares, merchandise, products, or
services for sale, or taking or soliciting orders for goods, wares, merchandise, products,
or services for future delivery from place to place, house to house, door to door, or street
to street, whether the person collects advance payments for such sales or not; but
excluding calling upon or soliciting business establishments, professional offices, or
institutions, exclusively, or calling on prospective customers by appointment only.
4-5A-2: LICENSE REQUIRED:
A. No person may engage in business as a solicitor without first obtaining a
license therefor and paying the license fee.
4-5A-3: EXEMPTIONS:
This chapter does not apply to the following
A. Vendors of goods, merchandise, or services delivered or sold to established
customers;
B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa
Code or authorized and organized under statutes or regulations of the United States
government or approved by the Internal Revenue Service, where such organizations have
a permanent office in Dubuque County, Iowa;
C. Churches and public and private schools and colleges that have a permanent
office in Dubuque County, Iowa;
D. Nonprofit clubs and lodges not ordinarily conducted as a business and which
do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent
office in Dubuque County, Iowa;
E. Persons selling their own art or handicrafts either by themselves or through
employees, or nonprofit civic, charitable, religious, or educational groups or members or
employees thereof engaged in retail sale for the purpose of fundraising;
F. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such
persons are subject to the pawnbroker and secondhand dealer regulations set forth in
chapter 6, article A of this title. (Ord. 23-19, 5-6-2019)
G. Persons that prepare, market or sell food from a mobile vending unit or mobile
pushcart.
4-5A-4: APPLICATION FOR LICENSE:
A. An application for a solicitor's license must be filed at the City Clerk's Office on
a form provided by the City Clerk.
B. The chief of police will investigate each applicant for a solicitor license and a
report of such investigation will be attached to the application for consideration by the city
clerk.
C. The city clerk will, in consultation with the chief of police and upon receipt of
an application, with an appropriate bond attached, approve or reject the application
considering:
a. Whether the statements and representations contained in the application
are true,
b. Whether the applicant is the holder of an Iowa retailer's sales tax permit,
when required/if applicable, and
c. If a foreign corporation, whether the entity has the authority to do business
in the state of Iowa.
D. If, upon receipt and review of an application, it is determined that the applicant
has a pending criminal charge which upon conviction would result in denial of a license,
the city clerk reserves the right to place the application on hold for up to fourteen (14)
days pending resolution of the criminal charge.
a. It is the applicant's responsibility to provide any updated information on the
outstanding charge(s).
b. At the conclusion of fourteen (14) days the City Clerk shall resume
processing of the application.
E. A license is valid only for the period of time described in the application
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An applicant for a license must file with the City Clerk a surety bond in the amount of five
thousand dollars ($5,000.00) conditioned on the following:
A. That the applicant will fully comply with all ordinances of the City and laws
regulating solicitor sales;
B. The payment by the applicant of all taxes that may be payable by or due from
the applicant to the State of Iowa or the City of Dubuque;
C. The payment of any fines that may be assessed by any court against the
applicant for violation of the provisions of this chapter;
D. The payment and satisfaction of any and all causes of action against the
applicant commenced within one year from the date of sale and arising from such sale;
provided, however, that the aggregate liability of the surety for all such taxes, fines, and
causes of action must in no event exceed the principal sum of such bond; and
E. Guaranteeing to any resident of the city that all monies paid will be accounted
for and applied according to the representation of the licensee. Said bond will continue in
force as to such surety for not less than one year from the date of the license. Action on
such bond may be brought by any resident of the city. (Ord. 16-13, 3-4-2013)
4-5A-6: FEES:
A solicitor must pay a license fee established by the city manager. (Ord. 16-13, 3-4-2013)
4-5A-7: DISPLAY OF LICENSE:
A solicitor 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.. (Ord. 16-13, 3-4-2013)
4-5A-8: MISREPRESENTATION:
It is unlawful for any solicitor making sales or engaging in or conducting a business under
a solicitor's license to make any false or misleading statement or representation regarding
any article sold or offered for sale by such solicitor as to condition, quality, original cost,
or cost to such solicitor of any article sold or offered for sale, or to sell or offer for sale
goods, wares, products, or merchandise of a value in excess of the value thereof as
shown by said application, or to sell or offer for sale at retail any goods, wares, products,
or merchandise or to engage in or conduct an intermittent or temporary business on any
day or at any place other than those shown by such license. A solicitor who violates any
provision of this chapter is ineligible for a license for a period of two (2) years from the
date of such violation. (Ord. 16-13, 3-4-2013)
4-5A-9: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The city clerk may, upon good cause, deny issuance or renewal of a license or
suspend or revoke any license issued under this article for a period not to exceed one
year for any of the following:
1. Violation of any federal, state, or local law, including, but not limited to, a
violation of this chapter or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a license;
3. Failure to cooperate with law enforcement;
4. The applicant, licensee, owner, manager, partner, corporate officer, or
director has been convicted of a crime involving robbery, burglary, theft,
forgery, fraud, or deceptive practices, the possession, manufacture, or delivery
of a controlled substance, possession with intent to manufacture or deliver a
controlled substance, possession of drug paraphernalia, or nonpayment of
excise taxes for a controlled substance, nonpayment of other taxes, or
demonstrated insolvency;
5. Misrepresentation of the source, condition, quality, weight, or measure of
the product sold by such solicitor;
6. If any judgment recovered against such solicitor with reference to the
operation of the business within the city remains unpaid for a period of six (6)
months, provided such judgment be not stayed under a supersedeas bond
upon appeal from such judgment;
7. The applicant has been convicted in the prior seven (7) year period of a
felony or of any crime involving injury to another person or damage to the
property of another person; or
8. The applicant is registered on the national sex offender registry.
B. A plea of guilty, no contest, or a plea agreement resulting in a conviction to a
lesser charge may be considered the equivalent of a conviction for purposes of evaluating
eligibility for a permit under 4-5-10(A).
C. The city clerk must give written notice of the revocation, suspension, or denial
of renewal of any license issued under the provisions of this chapter to the license holder
and the surety or sureties furnishing the bond provided for herein.
4-5A-10: APPEAL:
Within ten (10) days after notice of denial, suspension, or revocation of a license, a
solicitor may file with the city clerk a written notice of appeal to the city manager from
such denial, suspension, or revocation. The city manager must provide the solicitor with
notice and an opportunity to be heard on the issue of whether the license was properly
denied, suspended, or revoked. (Ord. 16-13, 3-4-2013)
4-5A-11: PERSONAL NATURE; TRANSFERABILITY:
The solicitor's license granted under this chapter is personal to the applicant only and
may not be sold, assigned, or otherwise transferred. (Ord. 16-13, 3-4-2013)
4-5A-12: REPORT TO CITY CLERK UPON LOSS REQUIRED:
In the event any license issued under this chapter is lost or mislaid, the licensee must
report such fact to the city clerk immediately. A duplicate license will be issued upon
payment of the fee as established by the city manager. (Ord. 16-13, 3-4-2013)
4-5A-13: MUSIC:
No loudspeaker or other sound system which may disturb the peace is permitted while
soliciting. Music is permitted to draw attention to the sales operation but shall not be of a
magnitude to create a disturbance in the area where the solicitor locates.
ARTICLE B. TRANSIENT MERCHANTS
4-513-1: DEFINITIONS:
As used in this chapter, the following term has the following meaning:
TRANSIENT MERCHANT: Any business that engages in selling goods, wares,
merchandise, products, or services from any fixed or temporary location, which is
temporarily maintained or when such business is intermittently carried on and there is no
intention to conduct the same permanently within the City. Any person is presumed to be
temporarily or intermittently selling or offering to sell goods or services, unless such
person intends to and does remain continuously in business at each location where such
sales are offered for a period of more than sixty (60) days, (Ord. 16-13, 3-4-2013)
4-513-2: LICENSE REQUIRED:
A. No person may engage in business as a transient merchant without first
obtaining a license therefor and paying the license fee.
B. No person having control of private property within the City may knowingly
permit another person to engage in business on or about that property as a transient
merchant without first requiring that person to obtain a license therefor. (Ord. 16-13, 3-4-
2013)
4-513-3: EXEMPTIONS:
This chapter does not apply to the following:
A. Vendors of goods, merchandise, or services delivered or sold to established
customers;
B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa
Code or authorized and organized under statutes or regulations of the United States
government or approved by the Internal Revenue Service, where such organizations have
a permanent office in Dubuque County, Iowa;
C. Churches and public and private schools and colleges that have a permanent
office in Dubuque County, Iowa;
D. Nonprofit clubs and lodges not ordinarily conducted as a business and which
do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent
office in Dubuque County, Iowa;
E. Persons selling at wholesale to merchants, persons selling their own art or
handicrafts either by themselves or through employees, or nonprofit civic, charitable,
religious, or educational groups or members or employees thereof engaged in retail sale
for the purpose of fundraising;
F. Central Market and other permitted farmers' market businesses licensed in
accordance with this Code; or
G. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such
persons are subject to the pawnbroker and secondhand dealer regulations set forth in
chapter 6, article A of this title. (Ord. 23-19, 5-6-2019)
H. Persons that prepare, market or sell food from a mobile vending unit or mobile
pushcart.
4-513-4: APPLICATION FOR LICENSE:
A. An application for a transient merchant license must be filed at the City Clerk's
Office on a form provided by the City Clerk.
B. The chief of police will investigate each business owner applying for a transient
merchant license and a report of such investigation will be attached to the application for
consideration by the city clerk.
C. If, upon receipt and review of an application, it is determined that the applicant
has a pending criminal charge which upon conviction would result in denial of a license,
the city clerk reserves the right to place the application on hold for up to fourteen (14)
days pending resolution of the criminal charge.
a. It is the applicant's responsibility to provide any updated information on the
outstanding charge(s).
b. At the conclusion of fourteen (14) days the City Clerk shall resume
processing of the application.
D. The city clerk will, in consultation with the chief of police and upon receipt of an
application, with an appropriate bond attached, approve or reject the application
considering:
a. Whether the statements and representations contained in the application
are true,
b. Whether the applicant is the holder of an Iowa retailer's sales tax permit,
when required/if applicable, and
c. If a foreign corporation, whether the entity has the authority to do business
in the state of Iowa.
E. A license is valid only for the period of time and at the location and place
described in the application. In the event a qualified applicant intends to conduct business
or engage in sales activities from multiple locations, a separate application shall be
submitted, and a distinct license shall be obtained and approved for each individual
location.
An applicant for a license must file with the City Clerk a surety bond in the amount of five
thousand dollars ($5,000.00) conditioned on the following:
A. That the applicant will fully comply with all ordinances of the City and laws
regulating transient merchant sales;
B. The payment by the applicant of all taxes that may be payable by or due from
the applicant to the State of Iowa or the City of Dubuque;
C. The payment of any fines that may be assessed by any court against the
applicant for violation of the provisions of this chapter;
D. The payment and satisfaction of any and all causes of action against the
applicant commenced within one year from the date of sale and arising from such sale;
provided, however, that the aggregate liability of the surety for all such taxes, fines, and
causes of action must in no event exceed the principal sum of such bond; and
E. Guaranteeing to any resident of the city that all monies paid will be accounted
for and applied according to the representation of the licensee. Said bond will continue in
force as to such surety for not less than one year from the date of the license. Action on
such bond may be brought by any resident of the city. (Ord. 16-13, 3-4-2013)
4-513-6: FEES:
A transient merchant must pay a license fee established by the city manager. (Ord. 16-
13, 3-4-2013)
4-513-7: DISPLAY OF LICENSE:
A transient merchant must, at all times while doing business in this city, prominently
display the license for the period of time and at the location and place described in the
application so that it is clearly visible to anyone to whom the person is selling or offering
for sale goods, merchandise, products, or services. The licensee must also, at the time
of selling or offering for sale goods, merchandise, products, or services, provide each
prospective customer with an opportunity to view the license.
4-5B-8: MISREPRESENTATION:
It is unlawful for any transient merchant making sales or engaging in or conducting a
business under a transient merchant's license to make any false or misleading statement
or representation regarding any article sold or offered for sale by such transient merchant
as to condition, quality, original cost, or cost to such transient merchant of any article sold
or offered for sale, or to sell or offer for sale goods, wares, products, or merchandise of a
value in excess of the value thereof as shown by said application, or to sell or offer for
sale at retail any goods, wares, products, or merchandise or to engage in or conduct an
intermittent or temporary business on any day or at any place other than those shown by
such license. A transient merchant who violates any provision of this chapter is ineligible
for a license for a period of two (2) years from the date of such violation. (Ord. 16-13, 3-
4-2013 )
4-513-9: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The city clerk may, upon good cause, deny issuance or renewal of a license or
suspend or revoke any license issued under this article for any of the following:
1. Violation of any federal, state, or local law, including, but not limited to, a
violation of this chapter or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a license;
3. Failure to cooperate with law enforcement;
4. The licensee, owner, manager, partner, corporate officer, or director has
been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or
deceptive practices, the possession, manufacture, or delivery of a controlled
substance, possession with intent to manufacture or deliver a controlled
substance, possession of drug paraphernalia, or nonpayment of excise taxes
for a controlled substance, nonpayment of other taxes, or demonstrated
insolvency;
5. Misrepresentation of the source, condition, quality, weight, or measure of
the product sold by such transient merchant;
6. If any judgment recovered against such transient merchant with reference
to the operation of the business within the city remains unpaid for a period of
six (6) months, provided such judgment be not stayed under a supersedeas
bond upon appeal from such judgment;
7. The owner has been convicted in the prior seven (7) year period of a felony
or of any crime involving injury to another person or damage to the property of
another person; or
8. The owner is registered on the national sex offender registry.
B. A plea of guilty, no contest, or a plea agreement resulting in a conviction to a
lesser charge may be considered the equivalent of a conviction for purposes of evaluating
eligibility for a permit under this section.
C. The city clerk must give written notice of the revocation, suspension, or denial
of renewal of any license issued under the provisions of this chapter to the license holder
and the surety or sureties furnishing the bond provided for herein.
4-513-10: APPEAL:
Within ten (10) days after notice of denial, suspension, or revocation of a license, a
transient merchant applicant may file with the city clerk a written notice of appeal to the
city manager from such denial, suspension, or revocation. The city manager must provide
the applicant with notice and an opportunity to be heard on the issue of whether the
license was properly denied, suspended, or revoked. (Ord. 16-13, 3-4-2013)
4-513-11: PERSONAL NATURE; TRANSFERABILITY:
The transient merchant's license granted under this chapter is personal to the owner only
and may not be sold, assigned, or otherwise transferred. (Ord. 16-13, 3-4-2013)
4-5B-12: REPORT TO CITY CLERK UPON LOSS REQUIRED:
In the event any license issued under this chapter is lost or mislaid, the licensee must
report such fact to the city clerk immediately. A duplicate license will be issued upon
payment of the fee as established by the city manager. (Ord. 16-13, 3-4-2013)
4-5B-13: MUSIC:
No loudspeaker or other sound system which may disturb the peace is permitted while
soliciting. Music from a vendor unit is permitted to draw attention to the sales operation
but shall not be of a magnitude to create a disturbance in the area where the transient
merchant locates.
Section 3. Effective Date. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 19th day of May, 2025.
Attest:
Adrienne Breitfelder, City Clerk