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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 � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 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. �� �� �� 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 �" ui���neoc�ry DUB E '�II�;' Masterpiece on the Mississippi �°°'��°'� 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