Code of Ordinances_Solicitor's LicenseMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Solicitor's License
DATE: February 28, 2013
Dubuque
kital
All- America City
II h/
2012
Assistant City Attorney Maureen Quann is recommending adoption of a new Title 4,
Chapter 5, Solicitor's License, that combines the existing Title 4, Chapter 5, Door to
Door Sales and Title 4, Chapter 9, Peddlers and Transient Merchants.
The proposed new Title 4, Chapter 5, Solicitor's License governs two similar
businesses, door to door sales and peddlers and transient merchants. The new
Chapter 5 also establishes uniform procedures for issuance, denial, suspension and
revocation of licenses, one consistent bond requirement and a uniform appeal process.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brit44
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Kevin Firnstahl, City Clerk
Crenna Brumwell, Assistant City Attorney
Maureen Quann, Assistant City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DuB
Masterpiece on the Mississippi
MEMORANDUM
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael Van Milligen
City Manager
DATE: February 12, 2013
RE: Solicitor's License
INTRODUCTION
inilnA/t--.4
This memorandum presents for City Council consideration a new Title 4, Chapter 5,
Solicitor's License, of the City of Dubuque Code of Ordinances that combines the
existing Title 4, Chapter 5, Door to Door Sales and Title 4, Chapter 9, Peddlers and
Transient Merchants.
The proposed new Title 4, Chapter 5, Solicitor's License governs two (2) similar
businesses, door to door sales and peddlers and transient merchants. The new
Chapter 5 also establishes uniform procedures for issuance, denial, suspension and
revocation of licenses, one (1) consistent bond requirement and a uniform appeal
process.
BACKGROUND
During a re- codification of the Code of Ordinances, Title 4, Chapter 9, Peddlers and
Transient Merchants was scheduled for deletion. For unknown reasons, the deletion
did not occur. Chapter 5, Door to Door Sales was subsequently adopted. The existing
Chapters 5 and 9 contain similar language and regulations but feature some
inconsistent procedures, processes and bond requirements.
DISCUSSION
Assistant City Attorney Crenna Brumwell and I have met several times with the City
Clerk's Office to review Chapters 5 and 9 and combine them into a new Chapter 5
governing solicitors, which encompasses door to door salespeople, peddlers and
transient merchants. The new Chapter 5, Solicitor's License, also reflects and is
consistent with the newly proposed Title 4, Chapter 6 Pawnbrokers and Secondhand
Dealers; Junk and Autosalvage Dealers when applicable.
RECOMMENDATION
I recommend that the City Council adopt the attached Title 4, Chapter 5, Solicitor's
License.
MAQ:jmg
Attachment
cc: Crenna Brumwell, Assistant City Attorney
Kevin Firnstahl, City Clerk
Prepared by: Maureen A. Quann, Esq. 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589 -4381
ORDINANCE NO. 16 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS BY REPEALING CHAPTER 5 DOOR TO DOOR SALES
AND CHAPTER 9 PEDDLERS AND TRANSIENT MERCHANTS AND ADOPTING A
NEW CHAPTER 5 SOLICITOR'S LICENSE IN LIEU THEREOF
Whereas,. City of Dubuque Code of Ordinances Title 4, Chapter 5 provides for
the licensing and regulation of door to door salespeople; and
Whereas, City of Dubuque Code of Ordinances Title 4, Chapter 9 provides for
the licensing and regulation of peddlers and transient merchants; and
Whereas, the City Council finds that it is in the best interest of the City of
Dubuque to combine the licensing of similar mobile businesses into one ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 4, Chapter 5 and Chapter 9
are repealed.
Section 2. Chapter 5 and Chapter 9 attached hereto are hereby adopted.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 4th day of March , 2013.
Attest:
evin J. nch, Mayor Pro Tern
CHAPTER 5
SOLICITOR'S LICENSE
4 -5 -1: DEFINITIONS:
As used in this chapter, the following term has the following meaning:
SOLICITOR: Any person engaging in the following:
A. 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.
B. 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, but excluding temporarily locating in
the city and engaging in the taking of orders for merchandise or services,
whether for immediate or future delivery. 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.
4 -5 -2: LICENSE REQUIRED:
A. No person may engage in business as a solicitor 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 solicitor without
first requiring that person to obtain a license therefor.
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 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 Title 4, Chapter 6, Article A of this Code of Ordinances.
4 -5 -4: APPLICATION FOR LICENSE:
An application for a solicitor's license must be filed with the city clerk on a form provided
by the city clerk. The application must be signed by the applicant and must include the
following information:
A. The applicant's name, permanent and local address, business address, if
any, and physical description.
B. The applicant's employer or sponsor, if any, and the employer or
sponsor's address and telephone number, the nature of the applicant's business,
and the last three (3) places of such business.
C. If the applicant is a corporation, the corporation address and the names
and addresses of the officers thereof. If the applicant is a firm, partnership, or
association, the firm, partnership, or association's address and the names and
addresses of all the members thereof. If the applicant is a corporation, the
application must state whether or not the applicant is an Iowa corporation or a
foreign corporation, and if a foreign corporation, whether or not such corporation
is authorized to do business in Iowa.
D. If the application is being made by an agent, bailee, consignee, or
employee, the application must state and set out the name and address of such
agent, bailee, consignee, or employee and must also include the name and
address of the owner of the goods, wares, and merchandise to be sold or offered
for sale.
E. The application must state whether or not the applicant has an Iowa
retailer's sales tax permit and if the applicant has such permit, the number of
such permit.
F. The value of the goods, wares, products, or merchandise to be sold or
offered for sale, or the average inventory to be carried if the solicitor is carrying
on an intermittent or temporary business.
G. The date(s) upon which goods, wares, products, or merchandise will be
sold or offered for sale, or the date(s) upon which it is the intention of the
applicant to engage in or conduct a temporary or intermittent business.
H. The location and address where such goods, wares, products, or
merchandise will be sold or offered for sale or such business engaged in or
conducted.
I. The names of two (2) property owners of the city who will certify as to the
applicant's good repute and business responsibility, or in lieu thereof, the
applicant's fingerprints and any other information that may be required by the city
clerk to properly investigate such reputation and business responsibility.
J. The applicant must agree to appoint the city clerk as agent of the applicant
for service of process. In the event of such service, the city clerk must mail by
certified mail, return receipt requested, a copy of said process to the address of
the applicant shown on the application.
K. At the time of filing the application, the applicant must provide two (2)
forms of identification, including one (1) form with picture identification.
4 -5 -5: BOND:
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 (1) 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 (1) year from
the date of the license. Action on such bond may be brought by any resident of
the city.
4 -5 -6: ISSUANCE OF LICENSE:
A. Upon receiving an application for a solicitor's license, with an appropriate bond
attached thereto, if the city clerk is satisfied that the statements and representations
contained in the application are true, that the applicant meets all of the requirements of
this chapter, that the applicant is the holder of an Iowa retailer's sales tax permit, when
required /if applicable, and that if a foreign corporation, has the authority to do business
in the state of Iowa, the city clerk must issue to the applicant a license.
B. A license is valid only for the period of time and at the location and place
described in the application. In the case of a qualified applicant proposing to conduct
business or to sell from more than one (1) location, the city clerk must issue a separate
license for each location.
4 -5 -7: FEES:
A solicitor must pay a license fee established by the city manager.
4 -5 -8: DISPLAY OF LICENSE:
A solicitor 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 -5 -9: 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.
4 -5 -10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The city clerk may revoke, suspend, or deny issuance or renewal of any
solicitor's license for good cause, including but not limited to, any of the following
reasons:
1. Misrepresentation on the application for license;
2. 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;
3. Misrepresentation of the source, condition, quality, weight, or measure of
the product sold by such solicitor; or
4. 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.
B. 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.
C. In the event of such revocation, suspension, or denial or non - renewal, no other
solicitor's license may be issued to such person for a period of two (2) years thereafter.
4 -5 -11: 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.
4 -5 -12: 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.
4 -5 -13: 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.
4 -5 -14: SOLICITING FROM TEMPORARY STANDS OR VEHICLES RESTRICTED:
Soliciting may not be conducted upon the public streets from temporary stands or
vehicles to which people are attracted by talking, singing, music, unusual noises, or
entertainment, or by the use of flares or lights.
OFFICIAL
PUBLICATION
ORDINA7i'CESNO:1'rr1E :,
AMENDING'CflY OF
DUBUQUE CODE OF
ORDINANCES-TITLE 4
BUSINESS»AND■ L ^1-
CENSE'REGULATIONS
BY :REPEALING CHAP-
TER 5 DOOR TO DOOR
SALES AND CHAPTER
9 :PEDDLERS AND
TRANSIENT MERE
CHANTS AND ADOPT=
ING'A NEW CHAPTER
' •SOLICITOR'S LI-
CENSE' IN - LIEU'
THEREOF
Whereas, City of
Dubuque Code Of
Ordinances Title 4,
Chapter 5 provides for
the licensing and
regulation of door to
door salespeople; and
Whereas, City of
Dubuque ' Code of
Ordinances" Title 4,
Chapter 9 provides for
the licensing and
regulation of peddlers
and ' transient mer-
chants,and
Whereas, the City
Council finds that it is
in the best interest of
the City of Dubuque to
combine the licensing
of similar mobile
businesses' into -one
ordirfance.
NOW, THEREFORE,
BE IT ORDAINED` BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City ' of
Dubuque Code of
Ordinances Title 4,
Chapter 5 and Chapter'
9 are repealed.
Section 2. Chapter 5'
and Chapter 9 attached
hereto are hereby
adopted.
Section 3. This
Ordinance takes effect
upon publication.-
Passed, approved,
and adopted the 4th
day`of March, 2013.
/s /Kevin J. Lynch,
` Mayor Pro Tem
Attest: /s/Kevin S..
Firnstahl, City Clerk
Published of icially' in
the Telegraph Herald
newspaper on the '8th
day of March, 2013;,
/s/Kevin S. Firnstahl,
City Clerk
1t 3/8
CHAPTER 5
SOLICITOR'S LICENSE
4-5 -1: DEFINITIONS:
As used in this
chapter, the following'_
term has the following
meaning:
SOLICITOR: Any
person engaging in the
following:
A. Offering and
persons a e s .•J epste
•the,,pawnbroker and
secondhand dealer
regulations set forth in
Title 4, Chapter 6,
Article A of this Code
of Ordinances.
4-5-4: APPLICATION
FOR LICENSE:
An application for,�a
solicitor's license must,
be filed with the •city
clerk - on•. a . form
provided by the ..city
clerk. The application
must be signed -by the
applicant and must
include the following
information: E
A. The applicant's
name, permanent and
local address, -business
address, if any, and
physical description.; B. The applicant +s
employer or sponsor, if
any, and the employer
or sponsor's address
and telephone number,
the ,.anature of!; the
applicant's business,
and. the last three (3)
places of such
business.
C. If the applicant is a
corporation, the cor-
poration address and
the names , and ad-
dresses of the officers
thereof. If the appli-
cant is a firm,
partnership,, or asso-
ciation, the >? firm,
partnership, ors,asso-
clation's address r;akld
the . names and
addresses of all the
members thereof. If
• the '.applicant is � a
corporation; the appli-
cation ' must -.state
whether or not the
applicant is an. 'Iowa
corporation or.. �ia'
foreign corporatiohp
and • if a foreign.
corporation, .whether
or not such corporation
is, authorized to ,do
business in Iowa.
D.ifthe application is .
being made , by an .
agent, bailee, con-
signee, or employee, .
the application must
state and set out the
name and address of
such agent, bailee,
consignee, or em-
ployee and must also
include the name and .
address of the owner•
of. the goods, wares,
and merchandise to be
sold or offered sale.
E. The .application
must state whether dr
not the' applicant has
an Iowa retailer's sales
tax permit and if the .
applicant has such .
permit, the number of
such permit.
F. The value of the
goods, wares, pro-
� et'CS —a ortne
requirements. ''of this
chapter ,'that. the
applicant -is the holder
of an Iowa.„ retailer's
sales tax permit . when
required /if applicable,
and that if a :foreign
corporation, has, the
authority to do
business in the state of
Iowa, the city clerk
must issue to the
applicant a license.
B. A license is;r✓alid
only for the period of
time and at the
location and. . place
described in the
application. Inthelcase
of a qualified applicant
proposing to conduct
business to sell from
more .than. one (1)
location, the city clerk
must issue, a separate
license for each
location.
4-5-7: FEES:
A solicitor must. pay a
license fee established
by the city manager.
4 -5 -8: DISPLAY OF
LICENSE ; . .
A solicitor 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 itis
clearly visible to
anyone to whom the
person is selling or
offering for sale goods,
merchandise, pro-
ducts, or services. The
licensee must also, at
the time of selling or
offering for sale goods,
merchandise, pro -1
ducts, or services,,
provide each prospec-
tive customer with an
opportunity to view the
license.
4-5-9: MISREPRESEN -j
TATION:
It is unlawful for any
solicitor making sales
or - engaging in orl
conducting a business
under a solicitor's'
license to make any
false or misleading
statement or represen-
tation regarding any
article sold or offered
for sale •by such
solicitor • as to
condition, quality, ori-
ginal 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
Inerchandise or to
engage in;or conduct
- an intermittent or
( temporary , business on
;•any day or at any place
- ,bther than those
vshown by such license.
solicitor who violates
tany. provision of this
chapter is ineligible for
license fo�r;a period of
:two (2) years from the
f date of such •violation.
4 -5 -10: ,• DENIAL,
/'SUSPENSION,ORREVO-
- "CATION OF LICENSE:
A. The city clerk may
.revoke, suspend, or.
- deny issuance or
,,renewal of . any
solicitor's license for
-,good cause, including
but not limited to, any
• of the following
reasons: .
1. Misrepresentation
';bn the application for
;license;
2. Violation of any
federal, state, or local •
including but -not
umited to a violation of
this chapter or any
other chapter of this
code; •
r" 3. Misrepresentation
• of. the source, con -
dition, quality, weight,
:or measure of the
product sold by such
solicitor' or •
4. If any judgment
recovered against such
solicitor with reference
•fo the operation of the
'business within the
'city, remains unpaid for
period of six (6)
-gionths, provided such
judgment be not
r1§uper under sedeas bond a
upon appeal from such
Judgment. ,
B. The city clerk must
`.'give written notice of
"the revocation, susDen-
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: March 8, 2013, and for which the charge is $139.71.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
,20/3-
this gam, day of
,sion, or denial of notice of appeal to the
yenewal of any license -city manager from
.issued under the -such ,denial, suspen -
provisions, : of tliis rsion, or revocation. The
hapter to the license ,city manager must
older and tie curet,/ (provide pr sureties ,furnishing hnotice notice and Ithe bond provided for
('opportunity to be
heard 'Crin the event of such � whether the the / :of
1- evocation, suspen- properly denied,•
ion, or denial, or non-
,s suspended, or, revoked.
it enewal, no other
4 -5r12: PERSONAL
sbe olicitors issued license to such may NATURE; TRANSFER -
'ABILITY:
- person for a period of " The solicitor's license
two (2) years there-, `granted under this
4 5 -11: APPEAL 'chapter- is personal to
after.
the applicant only and
Within ten (10) days may not be sold,
,after notice of denial,
' Suspension, or revo- or otherwise
cation of a license a transferred.
solicitor may file with 4 5 -13: REPORT TO
the city' clerk a written 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 c
immediately. ity A.:.dupclerk li-
cate license will be
/issued upon payment
of the fee . as
,established by the city
.Tanager.
4 -5 -14: SOLICITING
FROM TEMPORARY
STANDS OR VEHICLES
RESTRICTED:
,,Soliciting may not be
conducted upon the
public streets from
temporary stands or
vehicles to which
,people are attracted by
S-alking, singing, music,
',unusual 'noises, or
entertainment* . or by
;the. use of fFa'r"es or
1t
fights. 3/8
'RYKW
exposing goods, wares,
merchandise, pro-
ducts, or services for
sale, or taking or
soliciting orders for
goods, wares, mer-
chandise, products, or
services.;; for future
delivery , torn' place to
place, house to`house,
door to door, or 'street
to street, whether the
person' collects ad-
vance payments • for
such sales or not; but
excluding calling upon
or soliciting business
establishments, profes-
sional offices, or insti-
tutions, exclusively, or
calling on pfospective
customers by -appoint-
ment only.
B. 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, but
excluding temporarily
locating in the city and
engaging in the 'taking
of orders for mer-
chandise or services,
whether for immediate
or future delivery. Any
person is presumed to
be temporarily or
intermittently ' selling
or offering to sell•
goods or services,
unless such person
intends to and does
femain continuously in
business at each
location where such
sales are offered for a
period of more than
sixty (60) days.
4 -5-2: LICENSE
REQUIRED:°
A. • No person may
engage in business as
a solicitor 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 solicitor
without first requiring'.
that person to obtain a
license therefor.
4-5 -3r EXEMPTIONS:
This chapter does not
apply to the following:
A. Vendors, of goods,
merchandise, or ser-
vices delivered or sold
to established custo-
mers
B. Nonprofit organ-
izations filed under or
aUthorized by Chapter
504ofthe I :owa'Code'or
authorized and ;organ-
ized .under statutes or
regulations of the
United States govern-
ment 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,,lowa;
D. Nonprofibclubs.and
lodges; not ordinarily
conducted as a
business and Which do
not meet the require-
ments of; chapter 504.
of the Iowa Code and
that have a permanent
office in Dubuque
Count* Iowa; $
-ea Persons seil!iliyat'
wholesale 'to mer-
chants, persons selling
their own art or
handicrafts either by
themselves or through
employees, or non-
profit civic, charitable,
religious,. or •.educa-
tional groups or
members or employees
thereof engaged in'
retail sale for '.the
purpose of fundraising;
F. Central Market
businesses licensed in
accordance with ' this
code; or
G. Persons that
purchase geld, bullion,'
ingots, precious me-
tals, and. jewelry. ,Such
persons are subject to
the pawnbroker and
OFFICIAL secondhand dealer
PUBLICATION regulations set forth in
ORDINANCEN016 -13 Title 4, Chapter 6,
AMENDING CITY OF Article A of this Code
DUBUQUE CODE OF of Ordinances.
ORDINANCES TITLE' 4 • 4-5 -4: APPLICATION
ducts, or merchandise
to be sold or offered
for sale, or the average
inventory to be carried
if the . solicitor is
carrying' , " on an
intermittent or tem-
porary business.
G. The date(s) upon
which ' goods, wares,
products,' or mer-
chandise will be sold or
offered for sale, or the
date(s)upon which it is
the intention of the
applicant to engage in
or conduct a tem-
porary or intermittent
business.
H. The location and
address where such
goods, wares, 'Pro-
ducts, or merchandise
will be sold or offered
for ' sale or such
business engaged in or
conducted.
1. The names of two
(2) property owners of
the city who will certify
as to the applicant's
good repute and
business responsibility,
or in lieu thereof, the
applicant's fingerprints
and any other
information that may
be•required by the city
clerk to • properly
'investigate such repu-
tation and business
responsibility.
J. The applicant must
agree to. appoint the
city clerk as agent of
the applicant for
service of process. in
the event of such
service, the city clerk
must mail by certified
mail, return receipt
requested, a copy of
said process to the
address of the
applicant shown on the
application.
K. At the time of filing
the application, the
applicant must provide
two (2) forms of
identification, includ-
ing one '(1) form with
picture identification.
4-5 -5: BOND:
An applicant for a
license must file; with
the city clerk a surety
boiid 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
thatmay 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
(1) 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 re rese'ritation
cif4he - licensee.' "Said
bond will continue in
force as to such surety
for not less than brie
(1) year from the date
of the license. Action
on such bond may be
brought by any
resident of the city.
4-5 -6: ISSUANCE OF
LICENSE:
A. Upon receiving an
application for a
solicitor's license, with
an appropriate bond
attached thereto, if the
city clerk is satisfied
that the statements
and representations
contained in the
application are ' true,
that the applicant
meets all . of the
requirements. of 'this
chapter, that the
applicant is the holder
of an Iowa retailer's
sales tax permit, when
required /if applicable,
and that if a foreign
wares, products, or
jerchandise or to
engage in or conduct
an intermittent or
temporary business on
any day or at any place