Code of Ordinances Amendment - Title 4 Central and Farmer's Markets Permit Exemptions Copyrighted
May 6, 2019
City of Dubuque Action Items # 8.
ITEM TITLE: Code of OrdinancesAmendment- Title4 Central and
Farmer's Markets Permit Exemptions
SUMMARY: City Manager recommending approval of an amendment
that expands the exemption for businesses selling at the
Central Market and any other permitted farmers' markets in
the City.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 4 Business and License Regulations,
Chapter 5 Solicitor's License, Section 4-5-3 Exemptions
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B;
Motion A
ATTACHMENTS:
Description Type
Solicitor's License E�mption for Businesses at Other City Manager Memo
Permitted Farmers' Markets-MVM Memo
Staff Memo Staff Memo
Ordi nance Ordi nance
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
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7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Solicitor's License Exemption for Businesses at Other Permitted Farmers'
Markets
DATE: May 1 , 2019
Currently City Code Section 4-5-3(F) exempts businesses that sell at the Central Market
from the solicitor's license requirements under City Code. With the creation of an
application and process for other permitted farmers' markets in March 2019, Assistant
City Attorney Maureen Quann recommends City Council approval of an amendment
that expands the exemption for businesses selling at the Central Market and any other
permitted farmers' markets in the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Maureen Quann, Assistant City Attorney
THE CITY OF Dubuque
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2013 2017
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael Van Milligen
City Manager
Dare: May 1, 2019
Re: Solicitor's License Exemption for Businesses at Other Permitted Farmers'
Markets
Introduction
This memorandum proposes an amendment to City Code Section 4-5-3(F)for your review
and City Council consideration.
Currently City Code Section 4-5-3(F) exempts businesses that sell at the Central Market
from the solicitor's license requirement under City Code. With the creation of an
application and process for other permitted farmers' markets in March 2019,the proposed
amendment expands the exemption for businesses selling at the Central Market and any
other permitted farmers' market in the City.
Background
In March 2019, City staff worked with local groups to create a process through which
other farmers' markets following state and local rules for farmers' markets could be
permitted and exist legally throughout the City. In recognition of that application, process
and permitted status, this proposed amendment seeks to exempt from the solicitor's
license requirement businesses selling at these permitted farmers' markets. Businesses
selling at the Central Market are already exempted.
City Code Section 4-5-3(F) currently lists as exempted from the solicitor's license
requirement: "Central Market businesses license in accordance with this code; or"
The proposed amendment also includes as exempted other permitted farmers' markets
too: "Central Market and other permitted farmers' market businesses licensed in
accordance with this code; or"
OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� mquann@cityofdubuque.org
Discussion
With the City's recognition of other farmers' markets in addition to the long-standing
Central Market, broadening this exemption to the solicitor's license will treat all permitted
farmers' markets and businesses selling at those markets equally and consistently.
The proposed amendment is attached for your review.
Recommendation
I recommend that the proposed amendment to City Code Section 4-5-3(F) is forwarded
to the City Council for review, consideration, and approval.
MAQ:jmm
Attachment
cc: Cori Burbach, Assistant City Manager
Mary Rose Corrigan, Public Health Specialist
Laura Carstens, Planning Services Manager
Mark Dalsing, Chief of Police
Trish Gleason, Assistant City Clerk
Pam McCarron, Permit Clerk
2
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 23-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 5 SOLICITOR'S LICENSE, SECTION 4-5-3
EXEMPTIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-5-3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-5-3: 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.
Pg. 2 Ordinance No. 23-19
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 6th day of May 2019.
Attest:
Kevin . Firnstahl, City Clerk
Div
oy D. Buol, Mayor
EFFECT OF AMENDMENT
4-5-3: 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 lowa
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, lowa;
C. Churches and public and private schools and colleges that have a
permanent office in Dubuque County, lowa;
D. Nonprofit clubs and lodges not ordinarily conducted as a business and
which do not meet the requirements of chapter 504 of the lowa Code and that have
a permanent office in Dubuque County, lowa;
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.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
May 10, 2019,
and for which the charge is $23.71
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this J' 1 day of Air , 20/9 .
otary blic in and for Dubuq*' County, Iowa.
MARY K'WESTERMEYE
mmissian Number
154880
MMy Commission Exp.
OFFICIAL
PUBLICATION I-
ORDINANCE„,„
' E '
,�
"NO.23
AMENDING CITY TOFF
DUBUQUE' CODE ;OF
ORDINANCES TITLE 4
BUSINESS'''. AN
CENSE REGIILA,
TIONS, CHAPTER S
SOLICITORS LICENSE
i; SECTION; A :54 -EX,
EMPTIONS
NOW,'y'HEREFOR4
;BE IT ORDAINED' BY
THE g CITYaCOUNCIL,
OF THE. CITY . OF
DUBUQUE, IOWA:
Section=T Section 4-5,.
.3 of the City of, DubuJ
que Code of Ordi;_
nances is amended to
read as follows;
4-5-3: EXEMPTIONS:
This chapter does not
apply to the following +
A Vendors of goods
merchandise or ser,
vices delivered or sold
'to established oi.s1
tourers,
B. Nonprofit organiza'
tions filed; under or au
thorized by chapter 504,
of the low Code
"thorized,and organized
under statutes pr -.,reg LI
lations of .the United
States government or
approved by the inter-
nal revenue service,
where such organize=
tiorjs hapec
Hent officeve ina Dubuqmaue>
County, Iowa;
C. Churches and pub-
lic and private schools
and colleges thathave
a permanent office in
Dubuque County, Iowa;•,
D. Nonprofit clubs and
lodges not ordinarily
conducted as a busi-
ness and which do not
meet therequirements
of chapter, 504 of the
Iowa Code" and that
have 'a permanent of-
tice in Dubuque Coun-
ty, Iowa;
E. Persons selling at
wholesale, to ' mer-
chants, persons selling
their own art or handl- I
crafts either by .them -
'selves or through
employees, or nonprof-
it civic, charitable, reli-
`pious; or educational
groups' or members or
employees thereof en-
gaged in retail sale, for
the purpose of fund -
'raising;
-'F. Central Market and
other permitted farm-
ers market businesses
licensed in accordance.
with this code; or
G.Persons that pur-
'phase gold,`;,' bullion, in-
gots, precious metals,
and jewelry. Such per -
tons are subject to the
pawnbroker and sec-
ondhand dealer regula-
tions_ , set forth in
chapter 6, article A of
this title. •
- Section 2. This Ordi-
'n'ance 'takes effect on
publication.'
-Passed, approved, and
adopted the 6th day of
May 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 10th;
day of May 2019.
/s/Kevin S. Firnstahl
City Clerk r'
1t 5/10