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issues under the current, outdated ordinance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.