Loading...
Issuance of Licenses for Junk, Secondhand, Pawnbrokers_MoratoriumMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers DATE: June 13, 2012 Chief of Police Mark Dalsing is requesting City Council approval for an ordinance establishing a moratorium on the issuance of licenses for junk and secondhand dealers and pawnbrokers. A number of issues have been identified with the current ordinance as far as the permit process and reporting of purchased /pawned property. Until a review is completed and the ordinance rewritten, the City Attorney's Office has recommended a moratorium on new licenses to prevent future problems. Any applications already submitted will be honored. A new ordinance will be brought to the City Council within 120 days. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mark Dalsing, Chief of Police Masterpiece on the Mississippi Dubuque had NI- America City 'I 1 1 I' 2007 TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE June 6, 2012 SUBJECT Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers INTRODUCTION This memo will discuss a moratorium on the issuance of licenses for junk and secondhand dealers and pawnbrokers BACKGROUND The Dubuque Police Department and City of Dubuque Legal Department are in the process of a complete re -write of the City's ordinance on licenses for junk and secondhand dealers and pawnbrokers DISCUSSION A number of issues have been identified with the current ordinance as far as the permit process and reporting of purchased /pawned property Until we complete the review and re -write the ordinance, the Legal Department has recommended a moratorium on new licenses to prevent future problems Any applications already submitted will be honored We anticipate completing this review process and bringing a new ordinance to the City Council within 120 days RECOMMENDATION I concur with the Legal Department that a moratorium on new licenses is warranted to prevent new licenses from being issues under the current, outdated ordinance ACTION TO BE TAKEN City Manager review of this memorandum for follow -up, questions or clarification and approval, and forward to City Council for approval of ordinance calling for a moratorium on the issuance of licenses for junk and secondhand dealers and pawnbrokers Prepared by Mark Dalsing Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 40-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 6 JUNK AND SECONDHAND DEALERS AND PAWNBROKERS BY ADOPTING A NEW SECTION 4 -6 -10 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF LICENSES FOR JUNK AND SECONDHAND DEALERS AND PAWNBROKERS Whereas, the City of Dubuque Code of Ordinances establishes the process for licensing junk and secondhand dealers and pawnbrokers; and, Whereas, the City Council desires to study whether the licensing process needs to be updated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 6 of the City of Dubuque Code of Ordinances is amended by adopting the following new section: Sec. 4 -6 -10: Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers: The city clerk may not issue a license for any new junk and secondhand dealer or pawnbroker within the city of Dubuque for a period of six (6) months from the date of this Ordinance except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm, or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium may appeal therefrom to the city council. The city council may direct the city clerk to issue a license where the city council finds that the refusal to issue a license would deprive the owner of the property of a vested right. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day f June , 2012. , k1,4 IV Roy D. Buf Mayor Attest: OFFICIAL PUBLICATION ORDINANCE NO.40 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULA- TIONS, CHAPTER 6 JUNK. AND SECOND- HAND DEALERS AND PAWNBROKERS BY- ADOPTING A NEW SECTION 4-6 -10 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF LICENSES FOR JUNK AND SECONDHAND DEALERS AND PAWNBROKERS Whereas, the City of Dubuque Code of Ordinances establishes' the process for licensing junk and secondhand dealers and pawnbrokers; and, Whereas, the City Coundil desires to.. study whether the licensing process needs to be updated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 6 of the City of Dubuque .Code of Ordinances is amended by adopting the following new section: Sea. 4 -6 -10: Mora- torium on the Issuance of Licenses for Junk and Secondhand Deal- ers and Pawnbrokers: The City -Clerk may not issue a license for any new junk and secondhand dealer or pawnbroker within the city of Dubuque for a period of six (6) months from the date of this Ordinance I except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm, or corporation aggrieved or adversely affected by the building official's refusal to issue a permit our-. suant to this morator- ium may . appeal therefrom to the city council. The city council may direct the City Clerk to issue a license where the city council finds that the refusal to issue a license would deprive the owner of the property of a vested right. Section 2. This Ordinance takes effect 1 upon publication. Passed, approved, and adopted the 18th day of.June, 2012. /s /Roy D. Buol, Mayor Attest /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald on the 22nd day of June, 2012. /s /Kevin S. Firnstahl City Clerk It 6/22 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: June 22, 2012, and for which the charge is $20.29. faze Subscribed to before me otary Public in and for Dubuque County, Iowa, this ce7 day of , 20 /Z Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 Cn 0?4 EFFECT OF AMENDMENT Sec. 4 -6 -10: Moratorium on the Issuance of Licenses for Junk and Secondhand Dealers and Pawnbrokers: The city clerk may not issue a license for any new junk and secondhand dealer or pawnbroker within the city of Dubuque for a period of six (6) months from the date of this Ordinance except where a vested right to the issuance of such permit accrued prior to the effective date of this Ordinance. Any person, firm, or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium may appeal therefrom to the city council. The city council may direct the city clerk to issue a license where the city council finds that the refusal to issue a license would deprive the owner of the property of a vested right.