Code of Ordinances_Pawn/Secondhand Dealers & Junk/Salvage Operators AmendmentMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pawn /Secondhand Dealers & Junk/Salvage Operators
DATE: February 27, 2013
Dubuque
kital
All- America City
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2012
The Police Department and the City Attorney's Office have been reviewing the pawn,
secondhand dealer, junk, and salvage operator's ordinance for some time. The review
and revamping was initiated to update the permit process as well as the reporting
requirements for purchases, pawns, and donations, among other transactions.
Assistant City Attorney Crenna Brumwell recommends City Council adoption of the
revised ordinance regarding Pawn /Secondhand Dealers and Junk/Salvage Operators.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Chief of Police Mark Dalsing and Assistant City Attorney Crenna Brumwell will have a
short presentation on the changes.
kri,„
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Chief of Police Mark Dalsing
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, E
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
Q.
DATE: February 26, 2013
RE: Pawn /Secondhand Dealers & Junk /Salvage Operators
History
The Police Department and the City Attorney's Office have been reviewing the pawn,
secondhand dealer, junk, and salvage operator's ordinance for some time. The review
and revamping was initiated to update the permit process as well as the reporting
requirements for purchases, pawns, and donations, among other transactions.
A request was submitted to the City Council in June 2012 to establish a six (6) month
moratorium on the issuance of licenses. The moratorium was passed by the City
Council and signed by the Mayor on June 18, 2012.
Process
My office along with the Police Department spent a significant amount of time reviewing
the current ordinance, ordinances from other communities, and literature. In putting
together the proposed ordinance our goal was to balance form with function and to
ensure that the regulations were workable for all parties involved and not overly
burdensome. In some instances the regulations proposed are less burdensome than
the existing Code.
As part of the process a summary of the proposed changes and an invitation for a
meeting were sent to all of the impacted businesses. The meeting was held on
December 14, 2012 at the Dubuque Law Enforcement Center.
The discussion covered the purpose of the changes, the functionality of the system
moving forward, and allowed for comments and questions by the business owners. The
conversation was productive. Representatives from the businesses inquired about the
following:
• Unclaimed stolen items recovered from a pawnshop
• Other businesses /stores covered by the ordinances
• One (1) oz. gold coins, bullion, and ingots
• Repeat customers within a certain time frame
• Record keeping requirements
• The distinction between coins and scrap metals
• Transient operations
• Suspension and revocation of licenses
• Creation of a email list to share information on stolen property or potentially
stolen property
Summary of Changes
One of the recommendations is to separate Pawnbrokers /Secondhand Dealers from
Junk/Salvage Operations as the operations are quite different. Below you will see a
summary of general changes to the ordinance following by specific changes which
impact each of the groups.
General Changes
• Separates Pawnbrokers /Secondhand Dealers from Junk /Salvage Operations
• Adds a requirement to track items which are donated or simply received
• Adds a definition of "Good Moral Character" which must be met by applicants
for new licenses (current license holders are grandfathered in)
• Current version simply reads that an application is obtained from the City
Clerk; the proposed changes include a listing of specific information which
must be contained in the application
• Additional provisions are proposed similar to the process followed by liquor
licensed establishments and include:
o Investigation of Applicant and Business (recommendation made by Police
Chief to City Manager on whether to grant the license or not)
o Proof of Financial Responsibility (proof of liability insurance or posting a
bond)
o License must be displayed in the business
• Adds a provision allowing denial of an application
• Adds a provision allowing suspension revocation for the conviction of crime
involving robbery, burglary, theft, forgery, fraud, or deceptive practices, the
possession, manufacture, or delivery of a controlled substance, possession
with intent to manufacture or deliver a controlled substance, possession of
drug paraphernalia, or nonpayment of excise taxes for a controlled
substance, nonpayment of other taxes, or demonstrated insolvency by the
licensee, owner, manager, partner, corporate officer, or director
• Adds a prohibition on accepting items with an altered or tampered with serial
number
• Requires that a seller presents one (1) picture identification or two (2) other
forms of identification (driver's license, picture identification, birth certificate,
draft card, military identification card, and /or major credit card)
• Prohibits the display /storage of goods or merchandise on any public street,
alley, or public parking area (including the sidewalk)
• Clarifies that if items are seized by the Police or if the Police require the
pawnbroker /secondhand dealer to hold an item, at the end of thirty days if the
Police haven't taken further action the merchant may dispose of the item
Specific Changes to Pawnbrokers /Secondhand Dealers
• Exempts from the requirements:
o Solicitor's Licenses (door to door sales and transient merchants)
o The sale of secondhand goods where all of the following are present:
• The sale is held on property occupied as a dwelling by the seller or
owned, rented, or leased by a charitable or political organization
■ The items offered for sale are owned by the occupant or seller, no sale
exceeds a period of seventy -two (72) consecutive hours, and no more
than three (3) sales are held in any twelve (12) month period (garage
sales)
• That none of the items offered for sale have been purchased for resale
or received on consignment for purpose of resale
■ The sale of goods at an auction held by a licensed auctioneer
• A bulk sale of property from a merchant, manufacturer, or wholesaler
having an established place of business
• A bulk sale of property from a merchant, manufacturer, or wholesaler
having an open sale from bankrupt stock
• Goods sold at the public market, i.e., farmers market, etc.
• Goods sold at bona fide antique, used furniture, or used clothing stores
where a majority of the business' revenue is derived through the sale
of antiques, used furniture, or used clothes
• CDs, DVDs, video tapes, and other similar mediums of transmitting
images or sounds, video games, and gaming systems that are not
originally manufactured with a serial number.
• Records are required to be entered daily into the electronic tracking system
known as LeadsOnline
o Adds reporting requirement for:
• Construction equipment
• Firearms
• Hunting and fishing equipment
• Motor vehicles
• Musical instruments
• Video game systems originally manufactured with a serial number
o Exempts from the recording requirement:
• CDs
• DVDs
■ Videos
• Tapes
• Other similar mediums of transmitting images or sounds
■ Household furniture
Specific Changes for Junk/Salvage Operations
• Exempts from the requirements: Solicitor's License (Door to door sales and
transient merchants)
• Records required to be maintained on transactions
o For vehicles the VIN and DOT required records must be maintained
o For junk a general description must be maintained
Recommendation
It is my recommendation that the proposed changes be adopted by the Council for
effectiveness upon publication. The Police Department will be working with businesses
to transition from the current ordinance regulations to functioning under the amended
ordinance.
Chief of Police Mark Dalsing and I will have a short presentation on the proposed
changes.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 14 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS BY REPEALING CHAPTER 6 JUNK AND SECONDHAND
DEALERS AND ADOPTING A NEW CHAPTER 6 PAWNBROKERS AND
SECONDHAND DEALERS; JUNK AND AUTOSALVAGE DEALERS IN LIEU
THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4, Chapter 6 of the City of Dubuque Code of Ordinances is
amended as set forth in the attached Chapter 6.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 4th day of March, 2013.
Attest:
Kevin S Firnstahl, C y Clerk
1t 3/8
J
in J. Lynch, Mayor Pro Tem
CHAPTER 6
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTOSALVAGE DEALERS
ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS
4 -6A -1: DEFINITIONS:
For the purposes of this chapter, the following definitions apply:
City manager: The city manager or the city manager's designee.
Pawnbroker: Any person who makes loans or advancements upon pawn, pledge, or
deposit of personal property, who receives actual possession of personal property as
security for a loan, with or without a mortgage or bill of sale, who receives actual
possession of property for resale, or otherwise holds themselves out as a pawnbroker.
Person of good moral character: Any person who meets all of the following
requirements:
1. The person has such financial standing and good reputation as will satisfy
the city council that the person will comply with all the laws, provisions of the
Code, other City ordinances, and regulations applicable to the person's
operations under state law. However, the city council will not require the person
to post a bond to meet the requirements of this paragraph.
2. Notwithstanding subsection (5) of this definition, the applicant is a citizen
or legal resident of the United States; in the case of a corporation, is licensed to
do business in the state of Iowa; or in the case of a partnership, only one (1)
general partner need to be a citizen or legal resident.
3. The person has not been convicted of a felony. However, if a conviction of
a felony occurred more than five (5) years before the application for a license or
permit and if the person's rights of citizenship have been restored, the city
manager may determine that said person is a person of moral character
notwithstanding the conviction.
4. The person has not been convicted of a crime involving robbery, burglary,
theft, forgery, fraud, or deceptive practices, the possession, manufacture, or
delivery of a controlled substance, possession with intent to manufacture or
deliver a controlled substance, possession of drug paraphernalia, or nonpayment
of excise taxes for a controlled substance, nonpayment of other taxes, or
demonstrated insolvency.
5. The requirements of this subsection apply to the following:
a. Each of the officers, directors, and partners of such person.
b. A person who directly or indirectly owns or controls ten percent
(10 %) or more of any class of stock of such person.
c. A person who directly or indirectly has an interest of ten percent
(10 %) or more in the ownership or profits of such person.
Secondhand dealer: Any person who purchases or receives used goods or materials for
the purpose of resale and who possesses a state of Iowa retail sales tax permit or who,
while not required to possess a state of Iowa retail sales tax permit, advertises and
purchases or receives items described in section 4- 6A- 13(A). Nonprofit corporations
and businesses which are not primarily engaged in a sale of secondhand goods are
exempt from this chapter.
4 -6A -2: PENALTIES:
Failure to comply with this chapter is deemed a violation of the Code of Ordinances and
is punishable as provided in Chapter 1. Each day of noncompliance with this chapter is
deemed a separate offense.
4 -6A -3: LICENSE:
A. License Required; Application: No person may engage in the business of
pawnbroker or secondhand dealer without first obtaining a license therefore.
Applications for such licenses must be filed with the city clerk and issued by the city
clerk.
B. License Authorization: The license serves as authorization for a particular person
to engage in business at a specific location.
C. Annual Renewal; Nonrefundable Fee; License Term:
1. The license for pawnbrokers or secondhand dealers must be renewed
annually.
2. A nonrefundable fee established by the city manager will be collected at
the time of renewal.
3. All licenses expire on February 1st of each year.
4 -6A -4: PERSONS ELIGIBLE:
Upon meeting the requirements of this Code, a person who is of good moral character
may apply for a license. In the case of a club, corporation, or partnership, the officers of
the club or corporation and the partners of a partnership must be persons of good moral
character as defined by state law and this chapter.
4 -6A -5: APPLICATION CONTENTS:
Applications for the original issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms prescribed by the
city manager, and must set forth under oath the following information:
1. The name and address of the applicant.
2. The precise location of the premises for which a license is sought.
3. The names and addresses of all persons, or in the case of a corporation,
the officers, directors, and persons owning or controlling ten percent (10 %) or
more of the capital stock thereof, having a financial interest, by way of loan,
ownership, or otherwise in the business.
4. A statement whether any person specified in subsection 3 has ever been
convicted of any offense against the laws of the United States, or any state or
territory thereof, or any political subdivision of any such state or territory.
5. Such other information as the city manager requires.
4 -6A -6: INVESTIGATION OF APPLICANT AND PREMISES:
Upon receipt of an original application for a license, the city clerk will forward the
application to the chief of police, who will conduct an investigation and submit a written
report on the applicant as to the truth of the facts averred in the application and a
recommendation to the city manager as to the approval of the license or permit.
4 -6A -7: PROOF OF FINANCIAL RESPONSIBILITY:
Each licensee must furnish proof of financial responsibility either by the existence of a
liability insurance policy or by posting bond in such amount as determined by the city
manager.
4 -6A -8: DISPLAY OF LICENSE:
The license provided forherein is valid only for the location designated in the application
and must be prominently displayed therein at all times.
4 -6A -9: EXEMPTIONS FROM CHAPTER:
This chapter does not apply to or include the following:
1. Solicitors governed by Title 4, Chapter 5 of the City of Dubuque Code of
Ordinances, except for purchases of gold, bullion, ingots, precious metals, and
jewelry which will be subject to the provisions of the pawnbroker and secondhand
dealer regulations.
2. The sale of secondhand goods where the following are present:
a. The sale is held on property occupied as a dwelling by the seller or
owned, rented, or leased by a charitable or political organization;
b. The items offered for sale are owned by the occupant or seller; that
no sale exceeds a period of seventy -two (72) consecutive hours; and that
no more than three (3) sales are held in any twelve (12) month period;
c. The sale of goods at an auction held by a licensed auctioneer;
d. A bulk sale of property from a merchant, manufacturer, or
wholesaler having an established place of business or open sale from
bankrupt stock;
e. Goods sold at the public market, i.e., farmers market, etc.; and,
f. CDs, DVDs, video tapes, and other similar mediums of transmitting
images or sounds, video games, and gaming systems that are not
originally manufactured with a serial number.
3. Items bought, sold, or traded under a Federal Firearms License.
4. The return of secondhand items for credit, exchange or refund to the
person from whom said items were originally obtained, provided that the
items were not secondhand items when originally obtained.
4- 6A -10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this chapter for a period not to exceed one (1) year for any of the
following:
1. 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;
2. Misrepresentation of any material fact in the application for a license;
3. Failure to cooperate with law enforcement; and,
4. The licensee, owner, manager, partner, corporate officer, or director has
been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or
deceptive practices, the possession, manufacture, or delivery of a controlled
substance, possession with intent to manufacture or deliver a controlled
substance, possession of drug paraphernalia, or nonpayment of excise taxes for
a controlled substance, nonpayment of other taxes, or demonstrated insolvency.
B. Holding Other Licenses During License Suspension: Any licensee whose license
is suspended may not, during said suspension, hold any other license under this .
chapter.
C. License Revocation; Time Period For Reapplication: Any licensee whose license
is revoked may not apply for any license under this chapter for one (1) year following
the revocation.
D. Issuance To Relatives Or Financially Interested Persons During License
Suspension: No new license will be issued to the spouse, relative within the first degree
of consanguinity as defined by the Iowa Code, or any person holding a financial interest
in the licensed premises during the period the license has been suspended.
E. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the
reason(s) therefore. Said notice must be sent by certified United States mail to the
registered business address on file with the city clerk or by personal service as provided
by Iowa law.
F. Appeal City Manager Decision To City Council: A written notice of appeal to the
city council from a decision of the city manager must be filed with the city clerk by the
licensee within ten (10) days from the receipt of the notice of suspension or revocation.
4- 6A -11: REQUIRED RECORDS:
A. Pawnbrokers and secondhand dealers as defined in this chapter must provide an
electronic transaction of all articles of any kind purchased or received using the City's
electronic reporting system as approved by the city manager. Businesses that sell, deal,
or trade in electronic media /gaming systems must report all merchandise originally
manufactured with a serial number.
The report must be a full, true, and complete report of all goods, wares, merchandise, or
items obtained on deposit, pledge, or purchase, or otherwise received. The report must
contain, but is not limited to, the following:
1. A description of the person from whom the goods were acquired,
including:
a. Name, address, phone number, height, weight, date of birth, race,
gender, hair color, eye color, and any other identifying marks; and,
b. Means of identification used including the type exhibited, the
issuing agency, and the number thereon.
2. Date, time, and place of the transaction;
3. A detailed and accurate description of each article received including
make, model, serial number, or identifying mark(s);
4. A record of whether the transaction was a purchase, security,
consignment transaction, or donation;
5. A record of monies paid or loaned and which may be maintained
separately but which must be available for inspection in the course of
examination of individual transactions;
6. The electronic reporting system will provide for an upload of a complete
electronic report. Each pawnbroker and secondhand dealer as defined by this
chapter must at the end of each day provide an electronic upload to the
electronic reporting system of all transactions that occurred during that business
day.
4- 6A -12: PROHIBITED ACTS:
A. Purchases from Minors Restricted: No pawnbroker or secondhand dealer, and no
clerk, agent, or employee thereof may purchase or receive property from any person
under the age of eighteen (18) years without first obtaining and receiving the written
consent of the parent or guardian of such person. Such written consent must be made a
part of the required records and subject to all provisions of this chapter.
B. Altered or Tampered with Serial Numbers: No pawnbroker or secondhand dealer,
and no clerk, agent, or employee thereof may receive any goods or materials presented
with an altered or tampered with serial number.
C. Identification Required: No pawnbroker or secondhand dealer will receive any
goods or materials unless the seller presents one (1) picture identification or two (2)
other forms of identification. Proper identification consists of, but is not limited to,
driver's license, picture identification, birth certificate, draft card, military identification
card, and /or major credit card.
D. Display of Goods: No goods or merchandise may be stored or displayed on any
public right -of -way, public street, sidewalk, alley, or public parking area.
4- 6A -13: PURCHASES, SECURITY, AND CONSIGNMENT TRANSACTIONS:
A. Application Of Chapter To Certain Goods And Materials: The purchase or
receipt, including but not limited to, the following listed goods or materials as a
purchase, a security, a consignment transaction, or a donation is governed by this
chapter:
Bicycles
Coins
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Hunting and fishing equipment
Jewelry
Lawn and garden tools, equipment, and furnishings
Motor vehicles
Motor vehicle parts and equipment
Musical instruments
Photographic /video parts and equipment
Precious and semiprecious stones
Precious metals in the form of bullion or ingots
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
B. Jewelry: Antique, new, used or scrap jewelry, and precious metals must be
retained in the local place of business and it is unlawful to change the form of said items
by melting, remounting, cutting up, or otherwise changing the form of said items for a
period of five (5) days from the time of said transaction.
C. Exempt Items: The following listed items are exempt from the provisions of this
chapter:
1. Beverage containers; and,
2. Scrap paper.
4- 6A -14: INSPECTION:
A. The merchant must, during business hours, permit a duly authorized police
officer to inspect the entire premises covered by the license, including all records that
may have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the pawnbroker or
secondhand dealer to hold property which the police have probable cause to believe is
stolen property. A receipt will be given to the merchant for all property seized. If the
police have not seized or picked up the property within thirty (30) days from the date of
notification to the merchant, said merchant may dispose of the property. Said merchant
may petition the Court at the conclusion of any criminal investigation and /or proceeding
for return of any unclaimed merchandise confiscated from their possession related to
the investigation or prosecution. Said merchant may also be eligible for assistance from
the State of Iowa Crime Victim Compensation Fund.
ARTICLE B. JUNK DEALERS AND AUTO SALVAGE DEALERS
4 -6B -1: DEFINITIONS:
For the purposes of this chapter, the following definitions apply:
Auto salvage dealer: Any person who engages in the business of buying or receiving
motor vehicles, motorcycles, motorized bicycles, or parts thereof, or tires for resale in
whole or in part as junk or as used parts.
City manager: The city manager or the city manager's designee.
Junk: Old or scrap copper, aluminum, brass, iron, steel, old or scrap ferrous or
nonferrous material, wire, rope, rags, batteries, paper, trash, rubber debris, waste, or
junked, dismantled, wrecked, or parts of motor vehicles, motorcycles, or motorized
bicycles.
Junk dealer: Any person who purchases or receives any of the items listed in section 4-
6B-13(A) for the purpose of resale and who possesses a state of Iowa retail sales tax
permit.
Person of good moral character: Any person who meets all of the following
requirements:
1. The person has such financial standing and good reputation as will satisfy
the city council that the person will comply with all the laws, provisions of the
Code, other City ordinances, and regulations applicable to the person's
operations under state law. However, the city council will not require the person
to post a bond to meet the requirements of this paragraph.
2. Notwithstanding subsection (5) of this definition, the applicant is a citizen
or legal resident of the United States; in the case of a corporation, is licensed to
do business in the state of Iowa; or in the case of a partnership, only one (1)
general partner need to be a citizen or legal resident.
3. The person has not been convicted of a felony. However, if a conviction of
a felony occurred more than five (5) years before the application for a license or
permit and if the person's rights of citizenship have been restored, the city
manager may determine that said person is a person of moral character
notwithstanding the conviction.
4. The person has not been convicted of a crime involving robbery, burglary,
theft, forgery, fraud, or deceptive practices, the possession, manufacture, or
delivery of a controlled substance, possession with intent to manufacture or
deliver a controlled substance, possession of drug paraphernalia, or nonpayment
of excise taxes for a controlled substance, nonpayment of other taxes, or
demonstrated insolvency.
5. The requirements of this subsection apply to the following:
a. Each of the officers, directors, and partners of such person.
b. A person who directly or indirectly owns or controls ten percent
(10 %) or more of any class of stock of such person.
c. A person who directly or indirectly has an interest of ten percent
(10 %) or more in the ownership or profits of such person.
4 -6B -2: PENALTIES:
Failure to comply with this chapter is deemed a violation of the Code of Ordinances and
is punishable as provided in Chapter 1. Each day of noncompliance with this chapter is
deemed a separate offense.
4 -6B -3: LICENSE:
A. License Required; Application: No person may engage in the business of junk
dealer or auto salvage dealer without first obtaining a license therefore. Applications for
such licenses must be filed with the city clerk and issued by the city clerk.
B. License Authorization: The license serves as authorization for a particular person
to engage in business at a specific location.
C. Annual Renewal; Nonrefundable Fee; License Term:
1. The license for junk dealers or auto salvage dealers must be renewed
annually.
2. A nonrefundable fee established by the city manager will be collected at
the time of renewal.
3. All licenses expire on February 1St of each year.
4 -6B -4: PERSONS ELIGIBLE:
Upon meeting the requirements of this Code, a person who is of good moral character
may apply for a license. In the case of a club, corporation, or partnership, the officers of
the club or corporation and the partners of a partnership must be persons of good moral
character as defined by state law and this chapter.
4 -6B -5: APPLICATION CONTENTS:
Applications for the original issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms prescribed by the
city manager, and must set forth under oath the following information:
1. The name and address of the applicant.
2. The precise location of the premises for which a license is sought.
3. The names and addresses of all persons, or in the case of a corporation,
the officers, directors, and persons owning or controlling ten percent (10 %) or
more of the capital stock thereof, having a financial interest, by way of loan,
ownership, or otherwise in the business.
4. A statement whether any person specified in subsection 3 has ever been
convicted of any offense against the laws of the United States, or any state or
territory thereof, or any political subdivision of any such state or territory.
5. Such other information as the city manager requires.
4 -6B -6: INVESTIGATION OF APPLICANT AND PREMISES:
Upon receipt of an original application for a license, the city clerk will forward the
application to the chief of police, who will conduct an investigation and submit a written
report on the applicant as to the truth of the facts averred in the application and a
recommendation to the city manager as to the approval of the license or permit.
4 -6B -7: PROOF OF FINANCIAL RESPONSIBILITY:
Each licensee must furnish proof of financial responsibility either by the existence of a
liability insurance policy or by posting bond in such amount as determined by the city
manager.
4 -6B -8: DISPLAY OF LICENSE:
The license provided for herein is valid only for the location designated in the application
and must be prominently displayed therein at all times.
4 -6B -9: EXEMPTIONS FROM CHAPTER:
This chapter does not apply to or include solicitors governed by Title 4, Chapter 5 of the
City of Dubuque Code of Ordinances.
4- 6B -10: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this chapter for a period not to exceed one (1) year for any of the
following:
1. 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;
2. Misrepresentation of any material fact in the application for a license;
3. Failure to cooperate with law enforcement; and,
4. The licensee, owner, manager, partner, corporate officer, or director has
been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or
deceptive practices, the possession, manufacture, or delivery of a controlled
substance, possession with intent to manufacture or deliver a controlled
substance, possession of drug paraphernalia, or nonpayment of excise taxes for
a controlled substance, nonpayment of other taxes, or demonstrated insolvency.
B. Holding Other Licenses During License Suspension: Any licensee whose license
is suspended may not, during said suspension, hold any other license under this
chapter.
C. License Revocation; Time Period For Reapplication: Any licensee whose license
is revoked may not apply for any license under this chapter for one (1) year following
the revocation.
D. Issuance To Relatives Or Financially Interested Persons During License
Suspension: No new license will be issued to the spouse, relative within the first degree
of consanguinity as defined by the Iowa Code, or any person holding a financial interest
in the licensed premises during the period the license has been suspended.
E. Issuance To Relatives Or Financially Interested Persons Following License
Revocation: No new license under this chapter will be issued to the spouse or relative
within the first degree of consanguinity as defined by the Iowa Code or any person
holding a financial interest in the licensed premises for one (1) year after revocation.
F. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the
reason(s) therefore. Said notice must be sent by certified United States mail to the
registered business address on file with the city clerk or by personal service as provided
by Iowa law.
G. Appeal City Manager Decision To City Council: A written notice of appeal to the
city council from a decision of the city manager must be filed with the city clerk by the
licensee within ten (10) days from the receipt of the notice of suspension or revocation.
4- 6B -11: REQUIRED RECORDS:
A. Junk dealers as defined in this chapter must maintain a record of all articles of
any kind purchased or received. The record must be a full, true, and complete report of
all goods, wares, merchandise, or items obtained on deposit, pledge, or purchase, or
otherwise received. The report must contain, but is not limited to, the following:
1. A description of the person from whom the goods were acquired,
including:
a. Name, address, phone number, date of birth, and general
description of the person; and,
b. Means of identification used including the type exhibited, the
issuing agency, and the number thereon.
2. Date, time, and place of the transaction;
3. A detailed and accurate description of each article received including
make, model, serial number, or identifying mark(s). In the case of junk, a general
description of the composition of aggregate purchase is sufficient;
4. A record of whether the transaction was a purchase or donation;
5. A record of monies paid which may be maintained separately but which
must be available for inspection in the course of examination of individual
transactions; and,
6. A record of the name, address, and how an article was disposed of.
B. Auto salvage dealers as defined in this chapter must maintain a record of all
articles of any kind purchased or received. The record must be a full, true, and complete
report of all goods, wares, merchandise, or items obtained on deposit, pledge, or
purchase, or otherwise received. The report must contain, but is not limited to, the
following:
1. A description of the person from whom the goods were acquired,
including:
a. Name, address, phone number, date of birth, and general
description of the person; and,
b. Means of identification used including the type exhibited, the
issuing agency, and the number thereon.
2. Date, time, and place of the transaction;
3. A description of each article received including make, model, serial
number, or identifying rnark(s);
4. A record of whether the transaction was a purchase or donation;
5. A record of monies paid which may be maintained separately but which
must be available for inspection in the course of examination of individual
transactions;
6. A record of the name, address, and how an article was disposed of; and,
7. The vehicle identification number (VIN) and all records as required by the
Department of Transportation.
4- 6B -12: PROHIBITED ACTS:
A. Purchases from Minors Restricted: No junk dealer or auto salvage dealer, and no
clerk, agent, or employee thereof may purchase or receive property from any person
under the age of eighteen (18) years without first obtaining and receiving the written
consent of the parent or guardian of such person. Such written consent must be made a
part of the required records and subject to all provisions of this chapter.
B. Altered or Tampered with Serial Numbers: No junk dealer or auto salvage dealer,
and no clerk, agent, or employee thereof may receive any goods or materials presented
that have an altered or tampered with serial number or vehicle identification number for
items originally manufactured with a serial number or vehicle identification number.
C. Identification Required: No junk dealer or auto salvage dealer will receive any
goods or materials unless the seller presents one (1) picture identification or two (2)
other forms of identification. Proper identification consists of, but is not limited to,
driver's license, picture identification, birth certificate, draft card, military identification
card, and /or major credit card.
D. Display of Goods: No goods or merchandise may be stored or displayed on any
public right -of -way, public street, sidewalk, alley, or public parking area.
4- 6B -13: PURCHASES OR DONATION TRANSACTIONS:
A. Application Of Chapter To Certain Goods And Materials: The purchase or receipt
of the following listed goods or materials as a purchase or a donation is governed by
this chapter:
Bicycles
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Household furniture
Hunting and fishing equipment
Jewelry
Junk
Lawn and garden tools, equipment, and furnishings
Motor vehicles
Motor vehicle parts and equipment
Musical instruments
Photographic /video parts and equipment
Precious and semiprecious stones
Precious metals and coins, including but not limited to, gold, silver, platinum,
titanium, and tungsten
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
B. Exempt Items: The following listed items are exempt from the provisions of this
chapter:
1. Beverage containers; and,
2. Scrap paper.
4- 6B -14: INSPECTION:
A. The merchant must, during business hours, permit a duly authorized police
officer to inspect the entire premises covered by the license, including all records that
may have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the junk dealer or
auto salvage dealer to hold property which the police have probable cause to believe is
stolen property. A receipt will be given to the merchant for all property seized. If the
police have not seized or picked up the property within thirty (30) days from the date of
notification to the merchant, said merchant may dispose of the property.
4- 6B -15: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE OPERATIONS:
A. Approval Of Screening Plan: An operator of a junkyard /salvage operation must
submit to the city manager a screening plan which must be approved for each individual
premises. The screening plan must integrate the screen with the natural surroundings
and consider and make provisions to assure reasonable access to the screen for
purposes of maintaining the screens.
B. Purpose Of Screening: The purpose of screening is to eliminate the visual impact
of the junkyard contents by obscuring it from view outside the premises.
C. Materials For Use In Screening: Materials for use in screening of junkyard
generally consist of natural elements, plantings, fences, or other appropriate means
such as storage sheds, buildings, and other similar elements.
1. Natural elements are earthen berms, rock formations, wooded areas,
or other similar elements.
2. Plantings are shrubs and trees of such types as to provide year -round
obscurement commensurate with local site conditions. All plant material used for
screening must be of a size and quantity to provide obscurement.
3. Screens must be made of wood, metal, or other materials commonly used
in the building trade and be of such height and type as necessary to
provide obscurement. Screens must be designed to withstand a minimum wind
load of twenty (20) pounds per square foot and of a permanent nature. All
materials used for finishing screens must be a non - reflective material which will
blend with the natural surroundings. Screening must not be placed in any manner
so that either the screen or the maintenance of screen will create or contribute to
the creation of a safety hazard or endanger public safety, nor will it interfere with
the public's use of any right -of -way.
D. Maintenance Requirements: Junkyard /salvage operators must maintain the
screening in a condition equal to the original installation of the screening. Maintenance
includes, but is not limited to, the following items:
1. Replacement of plant material which is dead or has been damaged so that
it no longer serves the intended purpose of screening the operation.
2. Screen maintenance includes the renewal of the surface treatment with
stains, paints, or other appropriate materials when needed and the replacement
of panels, sections, members, or support structures of the screening when
needed.
OFFICIAL
PUBLICATION
ORDINANCE NO.14 -13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 4
B USINESS AND LI-
CENSE REGULATIONS
B Y REPEALING CHAP-
TER 6 JUNK AND
SECONDHAND DEAL-
ERS AND ADOPTING
A NEW CHAPTER 6
PAWNBROKERS AND
SECONDHAND DEAL-
ERS;JUNK AND AUTO -
SALVAGE DEALERS,IN •
LIEU THEREOF •
-NOW, '- THEREFORE,
B E IT ORDAINED BY
THE, CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
$eetlon 1. Title 4,
Chapter 6 of the City of
Dubuque Code of
Ordinances is arhended
as set forth in the
attached Chapter 6.-
Section 2. This
Ordinance takes effect
upon publication.
Passed, - Epproved,
and adopted the 4th
day of March, 2013.
/s /Kevin J. - Lynch,
Mayor Pro Tem
Attest: /s /Kevin S.
Firnstahl, CMC, Clty
Clerk
Published officially In
the Telegraph Herald
newspaper on the 8th
day of March, 2013.
/s /Kevin S. Firnstahl,
CMC, City Clerk
1t 3/8
CHAPTER 6
PAWNBROKERS AND
SECONDHAND
DEALERS; JUNK AND
AUTOSALVAGE
DEALERS
ARTICLE Ac
PAWNBROKERS AND
SECONDHAND
DEALERS
U A -t fFFINITIONS.
percent (10 %) or
more in the ownership
or profits of such
person.
Secondhand dealer:
Any person who
purchases or receives
used goods or
materials for the
purpose of resale and
who possesses a state
of Iowa retail sales tax
permit or who, while
not required to possess
a state of Iowa retail
sales tax permit,
advertises and pur-
chases or receives
items described in
section 4- 6A- 13(A).
Nonprofit corporations
and businesses which -
are not primarily
engaged in a sale of
secondhand goods are
exempt from this
chapter.
4 -6A -2: PENALTIES:
Failure to comply with
this chapter is deemed
a violation of the Code
of Ordinances and Is
punishable as provided
in Chapter 1. Each day
of noncompliance with
this chapter is deemed
a separate offense.
4 -6A -3: LICENSE:
A. License Required;
Application: No person
may engage in the
business of pawn-
broker or secondhand
dealer without first
obtaining a license
therefore. Applications
for such licenses must
be filed with the city
clerk and Issued by the
city clerk,
B. License Author-
ization: The license
serves as authorization
for a particular person
to engage in business
at a speciflc•locatlon.
C. Annual Renewal;
Nonrefundable• Fee; Li-
cense Term:
1. The, license for
pawnbrokers or sec-
ondhand dealers must
be renewed annually.
2. A nonrefundable
fee established by the
city manager will be
collected at the time of
renewal.
3. All licenses expire
on February 1st of each
year.
4 -6A -4: PERSONS
ELIGIBLE:
Upon meeting the
requirements of this
Code, a person who Is
of good moral char -
acter may apply for a
license. In the case of a
club, cofporatlon, or
partnership, the of-
ficers of the club or
. corporation and the
partners of - a
partnership must be
persons of good moral
character as defined
by state law and this
chapter.
4 -6A -5; APPLICATION
CONTENTS;
Applications for the
original issuance or the
renewal of licenses
must be filed at the
time and in the number
of copies- as the city
manager - prescribes,,
on forms prescribed by
the city manager, and
must set forth under
oath the following
information:
1., The name and
address of the
applicant.
•'2. The precise location
of .the premises for
which a license is
an auction held by a
licensed auctioneer;
d. A bulk sale of
property from a mer-
chant, manufacturer,
orr wholesaler having
an established place of
business or open sale
from bankrupt stock;
e. Goods sold at. the
public market, i.e.,
farmers market, etc.;
and,
f. CDs, DVDs, video
tapes, and other
similar mediums of
transmitting images or
sounds, video ,games,
and gaming systems
that are not originally
manufactured with a
serial number,:
3. Items bought, sold,
or traded under a Fed-
eral Firearms License.
4. The return of
secondhand items for
credit, exchange or
refund to the person
from whom said items
were originally obtain-
ed, provided that the
Items were not sec-
ondhand Items when
originally obtained.
4- 6A -10: DENIAL,
SUSPENSION, OR REVO-
CATION OF LICENSE:
A. Reasons For Denial,
Suspension, Or Revo-
cation: The city mana-
ger may, upon good
Cause, deny Issuance
or renewal of a license
or suspend or revoke
any Ilcense issued
under this chapter for
a period not to exceed
one (1) year for any of
the following:
1. 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;
2. Misrepresentation
of any material, fact in
the application for a'
license;
3. Failure to cooperate
with law enforcement;
and,
4. The licensee,
owner, manager, part-
ner, corporate officer,
or director has been
convicted of a crime
involving robbery, bur - 1
glary, theft, forgery,
fraud, or deceptive
practices, the posses -
sion, manufacture, or
delivery ,of a controlled
substance, possession
with intent to manu-
facture or deliver a con-
trolled substance, pos-
session of drug para-
phernalia, or nonpay-
ment of excise taxes
fora controlled sub
stance, nonpayment df
other taxes, or demon-
strated Insolvency.
B. Holding Other
Licenses During LI-
cense Suspension: Any
licensee whose Ilcense
is suspended may not,
during said suspen-
sion, hold any other
license under this
chapter.
C. License Revocation;
Time Period For Reap-
plication: Any licensee
whose Ilcense is
revoked may not apply
for any license under
this chapter for one (1)
year following the
revocation. •
D. , Issuance To
Relatives Or Financially
Interested Persons
During License Suspen-
sion: No new license
vidual transactions;
6. The electronic
reporting system will
provide for an upload
of a complete elec-
tronic report. Each
pawnbroker and sec -.
ondhand dealer as
defined by this chapter
must at the end of
each day provide an
electronic upload to
the electronic report-
ing system of all
transactions that oc-
curred during that
business day.
4- 6A -12: PROHIBITED
ACTS:
A. Purchases from
Minors Restricted: No
pawnbroker or sec- •
ondhand dealer, and
no clerk, agent, or
employee thereof may
purchase or receive
property from any
person under the age
of eighteen- (18) years
without first obtaining
and receiving the
written, consent of the
parent or guardian of
such person. Such
written consent must
be made a part of the
required records and
subject to all pro -.
visions of this chapter.
B. Altered or Tam-
pered with Serial Num-
bers: No pawnbroker
or secondhand dealer,
and no clerk, agent, or
employee thereof may
receive any goods or
materials presented
with an altered or .
tampered with serial
number.
C. Identification Re -,
quired: No pawnbroker
or secondhand dealer
will receive any goods
or materials unless the
seller presents one (1)
picture Identification
or two (2) other forms
of identification. Pro-
per Identification con-
sists of, but is not
limited to, driver's
license, picture identi-
fication, birth certifi-
cate, draft card,
military Identification
card, and /or major
credit card.
D. Display of Goods:
No goods • or mer-
chandise may be
I stored or displayed on
1 any public right -of-
way, public street,
' sidewalk, alley, or
public parking area.
• 4- 6A -13: PURCHASES,
SECURITY, AND CON-
SIGNMENT TRANSAC-
TIONS:
A. Application Of
Chapter To Certain
Goods And Materials:
The purchase or
receipt, including but
not Ilmited to, the
following listed goods
or materials as a
purchase, a security, a
consignment transac-
tion, or a donation is
governed by this
chapter:
Bicycles
Coins
Collectibles
Computers, software,
and computer acces-
sories
Construction equip-
ment
Electronic equipment
Firearms
Glassware
Household appliances•
Hunting and fishing
equipment
Jewelry
Lawn and garden
motor vehicles, motor-
cycles, motorized bicy-
cles, or parts thereof,
or tires for resale in
whole or in part as junk
or as used parts.
City manager: The
city manager or the
city manager's designee.
Junk: Old or scrap
copper, • aluminum,
brass, iron, steel, old or
scrap ferrous .or non -'
ferrous material, wire,
rope, rags, batteries,
paper, trash, rubber
debris, waste,' ,or
junked, dismantled,
wrecked,. or parts of
motor vehicles, motor-
cycles, or motorized
bicycles.
Junk dealer: Any
person who purchases
or receives any of the
Items listed In section 4-
6B -13(A) for the
purpose of resale and
who possesses a state
of Iowa retail sales tax
permit.
Person of good moral
character: Any person
who meets all of the
following requirements:
1. The person has
such financial standing
and good reputation as
will satisfy the city
council that the person
will comply with all the
laws, provisions of the
Code, other City ordi-
nances, and regula-
tions applicable to the
person's • operations
under state .law.
However, the city
council will not require
the . person to post a
bond to meet the
requirements of this
paragraph.
2. , Notwithstanding
subsection (5) of this
definition, the appli-
cant Is a citizen or
legal resident of the
United States; in the
case of a corporation,
Is licensed to do
business In the state of
Iowa; or In the case of
a partnership, only one
(1) general partner
need to be a citizen or
legal resident.
3. The person has not
been convicted of a
felony. However, if a
conviction of a felony
occurred more than
five (5) years before
the application for a
Ilcense or permit and if
the person's rights of
citizenship have been
restored, the city
manager may deter-
mine that said person
is a person of moral
character notwithstand-
ing the conviction.
4. The person has hot
been convicted of a
crime involving rob-
bery, burglary, theft,
forgery, fraud, or
deceptive practices,
the possession, manu-
facture, or delivery ofa
controlled substance,
possession with intent
to manufacture or
deliver a controlled
'substance, possession
of drug paraphernalia,
or nonpayment of
excise taxes for a
controlled substance,'
nonpayment of other
taxes, or demonstrated
insolvency.
5. The requirements
of this subsection
apply to the following:
a. Each of the officers,
directors, and partners
of such person.
whether any person . description of the
specified In subsection person; ant), , '
3 has ever been b. Means of Ideal-
convicted of any fication used including •
offense against the the type exhibited, the
laws of the United issuing agency, and
States, or any state or the number thereon.
territory thereof, or 2. Date, time, and
any political subdivl- place• of the trans -
sion of any 'such state action;
or territory. 3. A detailed and
5. Such other infor -. accurate description of
mation as the city each article received'
manager requires. including m a k e ,
4-6B-6: INVESTIGA- . model, serial number,
TION ' OF APPLICANT or identifying mark(s).
AND PREMISES: In the case of junk, a
Upon receipt of an . general description
original application for of the composition of
a license, the city clerk aggregate purchase Is
will forward the sufficient;
application W the chief , 4. A record of whether
of police, who will .the transaction was a
conduct an Investiga- purchase or donation;
tion and submit a 5. A record of monies
written report on the paid which may be
applicant as to the maintained separately
truth of the facts but Which -must be
averred in • the appli- available: for inspection
cation and a recom- In the course of exam -
mendation to the city 'nation of individual
manager as to the transactions; and,
approval of the license 6. A record of the
or permit. name, address, and
4 -68-7: PROOF OF how an article was
FINANCIAL RESPONSI- disposed of.
BILITY: B. Auto salvage
Each licensee must dealers as defined in
furnish proof of " this chapter must
financial responsibility maintain a record of all
either by the existence . articles of any kind
of a liability' insurance purchased or received.
policy or by posting The record must be a
bond In such amount full, true, and complete
as determined by the report of all goods,
city manager. wares, merchandise, or
4 -6B -8: DISPLAY OF items obtained on
LICENSE: deposit, pledge, or
The license provided purchase, or otherwise
for herelo,Is valid only received. The report
for the location valid, must contain, but is
nated. in the ,apps' not' limited to, the
cation and must be followings
prominently displayed 1. A description of the 1
therein at all times. person from whom the
4-6B-9: EXEMPTIONS goods were acquired,'
FROM CHAPTER; Including: .
This chapter does not a. Name, address,
apply to or include phone number, date of
solicitors governed by birth, and . general
Title 4, Chapter 5 of the description of the
City of Dubuque Code persons and,
of Ordinance. b. Means of Identi -.
4- 6B -10: DENIAL, flcatlon used including
SUSPENSION OR REVO- the type exhibited, the
CATION OF LICENSE; Issuing agency, and
A, Reasons For•Denlai, the number thereon.
Suspension, Or - Revo- 2. Date, time, and
cation: -The city man- place of the trans -
ager.may, upon good action;
cause, deny issuance' 3. A description of
or renewal of a license each article received
or suspend or revoke including make, model,
any Ilcense issued serial number, or
under this chapter for identifying mark(s);
a period not to exceed 4. A record of whether.
one (1) year for any of the transaction was a 1
the following: purchase or donation;
1. Violation, of any 5. A record of monies 1
federal, state, or local paid which may be
law, including but not maintained separately
limited to a violation of but Which must be
this chapter or any available for inspection
other chapter of this in the course of exam -
Code; ination of individual
2. Misrepresentation transactions;
of any material fact In 6. A record of the
the application for .a name, address, and
license; how an article was
3. Failure to Cooperate disposed of; and,
with law enforcement; 7. The vehicle
and, Identification number
4. The , licensee, (VIN) and all records as !,
owner, manager, part- required by the
ner, corporate officer, Department of Trans'-
or director has been portation.
convicted of a crime 4- 6B -12: PROHIBITED
involving ••'robbery, ACTS:
burglary,theft,forgery, A. Purchases from
fraud? or deceptive MinorsJRostricteg;`No
practices, the - pos - Junk deai<a , or auto
session, manyfaoture, salvage dor` and: cm
or delivery-,.: of a clerk, eta k; dr
controlled substance, employee erebf 'rrtay
possession with intent purchase or receive
to manufacture or property from any
deliver a controlled person under the , age
substance, possession of eighteen (18) mars
of drug paraphernalia, without first obtaining
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 $350.44.
;PJ2,z
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
aul� ,20/3
this S day of
Notary Public in and for Dubuque County, Iowa.
• YK.VII ;T.
•
upon publication. �V
Passed, approved,
and adopted the 4th
day of March, 2013.
/s /Kevin J. Lynch,
Mayor Pro Tem
Attest: /s /Kevin S.
Firnstahl, CMC, City
Clerk
Published officially in
the Telegraph Herald
newspaper on the 8th
day of March, 2013.
/s /Kevin S. Firnstahl,
CMC, City Clerk
1t 3/8
•
CHAPTER 6
PAWNBROKERS AND
SECONDHAND
DEALERS; JUNK AND
AUTOSALVAGE
DEALERS
ARTICLE A.
PAWNBROKERS AND
SECONDHAND
DEALERS
4 -6A -1: DEFINITIONS:
For the purposes of
this chapter, the
following definitions
apply:
City manager: The
city manager or the
city manager's designee.
Pawnbroker: Any
person who makes
loans or advancements
upon pawn, pledge, or
deposit of personal
property, who receives
actual possession of
personal property as
security for a loan,
with or without a
mortgage or bill° of
sale, who receives
actual possession of
property for resale, or
otherwise holds them-
selves out as a
pawnbroker.
Person of good moral
character: Any person
who meets all of the
following requirements:
1. The person has
such financial standing
and good reputation as
will satisfy the city
council that the person
will comply with all the
laws, provisions of the
Code, other City ordi-
nances, and regula-
tions applicable to the
person's operations
under state law.
However, the city
council will' not require
the person to post a
bond to meet the
requirements of this
paragraph.
2. Notwithstanding
subsection (5) of this
definition, the appli-
cant is a citizen or
legal resident of the
United States; in the
case of a corporation,
is licensed to do
business in the state of
Iowa; or in the case of
a partnership, only one
(1) general partner'
need to be a citizen or
legal resident.
3. The person has not
been convicted of a
felony. However, if a
conviction of a felony
occurred more than
five (5) years before
the application for a
license or permit and if
the person's rights of
citizenship have been
restored, the city
manager may deter-
mine that said .person
is a person of moral
character ' notwith-
standing the conviction.
4. The person has not
been convicted of a
crime involving rob-
bery, burglary, theft,
forgery, fraud, or
deceptive practices,
the possession, manu-
facture, or delivery of a
controlled substance,
possession with intent
to manufacture or
deliver a controlled
substance, possession
of drug paraphernalia,
or nonpayment of
excise taxes for a
controlled substance,
nonpayment of other
taxes, or demonstrated
insolvency.
5. The requirements
of this subsection
apply to the following:
a. Each of the officers,
directors, and. partners
of such person.
b. A person who
directly or indirectly
owns or controls ten
percent (10 %) or
more of any class of
stock of such persona
c. A person who
directly or indirectly
has an interest of ten
corporation and the
partners of a
partnership must be
persons of good moral
character as defined
by state law and this
chapter.
4 -6A -5: APPLICATION
CONTENTS:
Applications for the
original issuance or the
renewal of licenses
must be filed at the
time and in the number
of copies as the city
manager - prescribes„
on forms prescribed by
the city manager, and
must set forth under
bath the following
information:
1. The name and
address of the
applicant.
2. The precise location
of -the premises for
which a license is
sought.
3. The names and
addresses of all
persons, or in the case
of a corporation, the
officers, directors, and
persons owning or
controlling ten percent
(10 %) or more of the
capital stock thereof,
having a financial
interest, by way of
loan, ownership, or
otherwise in the
business.
4. A statement
whether any person
specified in subsection
3 has ever been
convicted of . any
offense, against the
laws of the United
States, or any state or
territory thereof, or
any political subdivi-
sion of any such state
or territory.
5. Such other informa-
tion as the city
manager requires.
4 -6A -6: INVESTIGA-
TION OF APPLICANT
AND PREMISES:
Upon receipt of an
original application for
a license, the city clerk
will forward the
application to the chief
of police, who will
conduct an investi-
gation and submit a
written report on the
applicant as to the
truth of the facts
-averred in the
application and a
recommendation to the
city manager as to the
approval of the license
or permit.
4 -6A -7: PROOF OF
FINANCIAL RESPON-
SIBILITY:
Each licensee must
furnish proof of
financial responsibility
either by the existence
of a liability insurance
policy or by posting
bond in such amount
as determined by the
city manager.
4 -6A -8: DISPLAY- OF
LICENSE:
The license provided
for herein is valid only
for the location desig-
nated in the appli-
cation and must be
prominently displayed
therein at all times. '
4 -6A -9: EXEMPTIONS
FROM CHAPTER:
This chapter does not
apply to or include the
following:
1. Solicitors governed
by Title 4, Chapter 5 of
the City of Dubuque
Code of Ordinances,
except for purchases
of gold, bullion, ingots,
precious metals, and
jewelry which will be
subject to the pro-
visions of the pawn-
broker and second-
hand dealer regula-
tions.
2. The sale of sec-
ondhand goods where
the following are
present:
a. The sale is held on
property occupied as a
dwelling by the seller
or owned, rented, or
leased by a charitable
or political organiza-
tion;
b. The items offered
for sale are owned by
the occupant or seller;
that no sale exceeds a
period of seventy -two
(72) consecutive hours;
and that no more than
three (3) sales are held
in any twelve (12)
month period;
c. The sale of goods at
for a controlled suby
stance, nonpayment of
other taxes, or demon-
strated insolvency.
B. Holding Other
Licenses During Li-
cense Suspension: Any
licensee whose license
is suspended may not,
during said suspen-
sion, hold any other
license under this
chapter.
C. License Revocation;
Time Period For Reap-
plication: Any licensee
whose license is
revoked may not apply
for any license- under
this chapter for one (1)
year following the
revocation.
D. , Issuance To
Relatives Or Financially
Interested Persons
During License Suspen-
sion: NO new license
will be issued to the
spouse, relative within
the first degree of
consanguinity as de-
fined by the Iowa Code,
or any person holding a
financial interest in the
licensed premises dur-
ing the period the
license has been
suspended.
E. Notice Of License
Suspension Or Revo-
cation: The city man-
ager will cause to be
issued a notice that
said license is sus-
pended or revoked and
therein set forth the
reason(s) therefore.
Said notice must be
sent by certified United
States mail to the
registered business
address on file with the
city clerk or by
personal service as
provided by Iowa law.
F. Appeal City Mana-
ger Decision To City
Council: A written no-
tice of appeal to the
city council from a deci-
sion of the city mana-
ger must be filed with
the city clerk by the
licensee within ten (10)
days from the receipt
of the notice of. sus-
pension or revocation.
4- 6A -11: REQUIRED
RECORDS: .
A. Pawnbrokers and
secondhand dealers as
defined in this chapter.
must provide an elec-
tronic transaction of all
articles of any kind
purchased or received
using the City's
electronic reporting
system as approved by
the city manager.
Businesses that sell,
deal, or trade in
electronic 'media/gam-
ing systems must
report all merchandise
originally manufac-
tured with a serial
number.
The report must be a
full, true, and complete
report of all goods,
wares, merchandise, or
items obtained on
deposit, pledge, or
purchase, or otherwise
received. The report
must contain, but is
not limited to, the
following:
1. A description of the
person from whom the
goods were acquired,
including:
a. Name, address,
phone number, height,
weight, date of birth,
race, gender„ hair
color, eye color, and
any other identifying
marks; and,
b. Means of identi-
fication used including
the type exhibited, the
issuing agency, and
the number thereon.
• 2. Date, time, and
place of the trans-
action;
3. A detailed and
accurate description of
each article received
including make, mo-
del, serial number, or
identifying mark(s);
4. A record of
whether the transac-
tion was a purchase,
security, consignment
transaction, or dona-
tion;
5. A record of monies
paid or loaned and
which may be main-
tained separately
but which must be
available for inspection
in the course bf
examination of indi-
Goods And Materials:
The purchase or
receipt, including but
not limited to, the
following listed goods
or materials as a
purchase, a security, a
consignment transac-
tion, or a donation is
governed by this
chapter:
Bicycles
Coins
Collectibles
Computers, software,
and computer acces-
sories
Construction equip-
ment
Electronic equipment
Firearms
Glassware
Household; appliances -
Hunting and fishing
equipment
Jewelry
Lawn and garden
tools, equipment, and
furnishings
Motor vehicles
Motor vehicle parts
and equipment
Musical instruments
Photographic /video
parts and equipment
Precious and
semiprecious stones
Precious metals in the
form of bullion or
ingots
Radio equipment.
Rare books •
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehi-
cles
Video game systems,
originally manufac-
tured with a serial
number
Works of art
B. Jewelry: Antique,
new, used or scrap
jewelry, and • precious
metals' must be
retained in the local
place of business and it
is unlawful to change
the form of said items
by melting, remount-
ing, cutting up, or
otherwise changing the
form ofsaid items for a
period of five (5) days
from the time of said
transaction.
C. Exempt Items: The
following" listed' items
are exempt from the
provisions of this
chapter:
1. Beverage contain-
ers; and,
2. Scrap paper.
4-6A-14: INSPECTION:
A. The merchant
must, during business
hours, permit a duly
authorized . police of-
ficer to inspect the
entire premises cover-
ed by the license,
including all records
that may have any
relationship to the
operation of the.
business.
B. The police may
seize, with proper sei-
zure notice, or require
the pawnbroker or
secondhand dealer to
hold property which
the police have
probable cause to
believe is stolen
property. A receipt will
be given to the
merchant for all
property seized. If the
police have not seized
or picked up the
property within thirty
(30) days from the date
of notification to the
merchant, said mer-
chant may dispose of
the property- Said
merchant may petition
the Court at the
conclusion of • any
criminal. investigation
and /or proceeding for
return of any
unclaimed merchan-
dise confiscated from
their possession relat-
ed to the investigation
or prosecution. Said
merchant may also be
eligible for assistance
from the State of Iowa
Crime Victim Compen-
sation Fund.
ARTICLE B. JUNK
DEALERS AND AUTO
SALVAGE DEALERS
4 -613-1: DEFINITIONS:
For the purposes of
this chapter, the follow-
ing definitions apply:
Auto salvage dealer:
Any person who en-
gages in the business
of buying or receiving
a, acLer nurWIII6Tdf1u-
ing the conviction.
4. The person has not
been convicted of a
crime involving rob-
bery, burglary, theft,
forgery, fraud, or
deceptive practices,
the possession, manu-
facture, or delivery of -a
controlled substance,
possession with intent
to manufacture or
deliver a controlled
substance, possession
of drug paraphernalia,
or nonpayment of
excise taxes for 'a
controlled substance,
nonpayment of other
taxes, or demonstrated
insolvency.
5. The requirements
of this subsection
apply to the following:
a. Each of the officers,
directors, and partners
of such person.
b. A person who
directly or indirectly
owns or controls ten
percent - (10 %) or
more of any -class of
stock of such person.
c. A person who
directly or - indirectly
has an interest of ten
percent (10 %) or
more in the ownership
or profits of such
person.
4 -6B -2: PENALTIES:
Failure to comply with
this chapter is deemed
a violation of the Code
of Ordinances and is
punishable as provided
in Chapter 1. Each day
of noncompliance with
this chapter is deemed
a separate offense.
4 -6B -3: LICENSE:
A. License Required;
Application: No person
may engage in the
business of junk dealer
or auto salvage dealer
without first obtaining
a license therefore.
Applications for such
licenses must be filed
with the city clerk and
issued by the city
clerk.
B. License Authoriza-
tion: The license serves
as authorization for
particular persbn to
engage in business at a
specific location.
C. Annual Renewal;
Nonrefundable Fee;
License Term:
1. The license for junk
dealers or auto salvage
dealers must be
renewed annually.
2. A nonrefundable
fee established by the
city manager will be
collected at the time of
renewal.
3. All licenses expire
on February 1st of each
year.
4 -6B -4: PERSONS
ELIGIBLE:
Upon meeting the
requirements of this
Code, a person who is
of good moral char-
acter may apply for a
license. In the case of a
club, corporation, or
partnership, the of-
ficers of the club or
corporation and the
partners of a par-
tnership must be
persons of good moral
character as defined
by state law and this
chapter.
4 -6B -5: APPLICATION
CONTENTS:
Applications for the
original issuance or the
renewal of licenses
must be filed at the
time and in the number
of copies as the city
manager prescribes,
on forms prescribed by
the city manager, and
must set forth under
oath the following
information:
1. The name and
address of the appli-
cant.
2. The precise location
of the premises for
which 'a license is
sought.
3. The names and
addresses of ' all
persons, or in the case
of a, corporation, the
officers, directors, and
persons owning or
controlling ten percent
(10 %) or more of the
capital stock thereof,
haVing a financial
interest, by way of
loan, ownership, or
otherwise in the
business. .
4. A statement
nmaea to a violation of
this chapter or any
other chapter of this
Code;
2. Misrepresentation
of any material fact in
the application for a
license;
3. Failure to cooperate
with law enforcement
and,
4. The - licensee,
owner, manager, part-
ner, corporate officer,
or director has been
convicted of a crime
involving robbery,
burglary, theft, forgery,
fraud, or deceptive
practices, the • pos-
session, manufacture,
or delivery of a
controlled substance,
possession with intent
to manufacture or
deliver a controlled
substance, possession
of drug paraphernalia,
or nonpayment of
excise taxes for a
controlled substance;
nonpayment of other
taxes, or demonstrated
insolvency.
B. Holding • Other
Licenses During Li-
cense Suspension: Any
licensee whose license
is suspended may not,
during said suspen-
sion, hold any other
license under this
chapter. -
C. License Revocation;
Time Period For Reap-
plication: Any licensee'
whose license is
revoked may not apply
for any license under
this chapter for one (1)
year following the
revocation.
D. Issuance To
Relatives Or Financially
Interested Persons
During License Sus-
pension: No new
license will be issued
to the spouse, relative
within the first degree
of consanguinity as
defined by the Iowa
Code, or any person
holding a financial
interest in the licensed
premises during the
period the license has
been suspended.
E. Issuance To
Relatives Or Financially
Interested Persons Fol-
lowing License Revoca-
tion: No new license
under this chapter will
be issued to the spouse
or relative within the
first degree of consan-
guinity as defined by
the Iowa Code or any
person holding a
financial interest in the
licensed premises for
one (1) year after
revocation.
F. Notice Of License
Suspension Or Revoca-
tion: The city manager
will cause to be issued
a notice that said
license is suspended or
revoked and therein
set forth the reason(s)
therefore. Said notice
must be sent - by
certified United States
mail to the registered
business address on
file with the city clerk
or by personal service
as provided by Iowa
law.
G. Appeal City Mana-
ger Decision To City
Council: A written
notice of appeal to the
city council from a
decision of the city
manager must be filed
with the city clerk by
the licensee within ten
(10) days from the
receipt of the notice of
suspension or revoca-,
tion.
4- 6B -11: REQUIRED
RECORDS:
A. Junk dealers as
defined in this chapter
must maintain a record
of all articles of any
kind purchased or
received. The record
must be a full, true,
and complete report of
all goods, wares,
merchandise, or items
obtained on deposit,
pledge, or purchase, or
otherwise •received.
The report must- con-
tain, but is hot limited
to, the. following:
1. A description of the
person from whom the
goods were acquired,
including:
a. Name, address,
phone number, date of
birth, and general
but which must be
available for inspection
in the course of exam-
ination of individual
transactions;
6. A record of the
name, address, and
how an article was
disposed of; and,
7. The vehicle
identification number
(VIN) and all records as
required by the
Department of Trans-
portation.
4- 6B -12: PROHIBITED
ACTS: .
A. Purchases from
Minors Restricted: No
junk dealer or auto
salvage ;dealer, and no
clerk, - .agent, or
employee thereof may
purchase or receive
property from any
person under the age
of eighteen (18) years
without first obtaining
and receiving the
written consent of the
parent or guardian of
such person. Such
written consent must
be made a part of the
required _ records and
subject to all pro-
visions of this chapter.
B. Altered or Tam-
pered with Serial
Numbers: No junk
dealer or auto salvage
dealer, and no clerk,
agent, or employee
thereof may receive
any goods or materials
presented that have an
altered or tampered
with serial number or
vehicle identification
number for items
originally manufac-
tured with a serial
number or vehicle
identification number.
• C. Identification
Required: No junk
dealer or auto salvage
dealer will receive any
goods •or materials .
unless the seller
presents one (1)
picture identification
or two (2) other forms
of identification. Pro-
per identification con-
sists of, but is not
limited to, driver's
license, picture identi-
fication, birth certi-
ficate, draft card,
military identification
card, andror major
credit card.
D. Display of Goods:
No goods or merchan-
dise may be stored or
displayed on . any
public right-of-way,
public street, sidewalk,
alley, or public parking
area.
4- 6B -13: PURCHASES
OR DONATION TRANS-
ACTIONS:
A. Application Of
Chapter To Certain
Goods And Materials:
The purchase or
receipt of the following
listed - goods or.
materials as a
purchase or a donation
is governed by this
chapter:
Bicycles
Collectibles
Computers, software,
and computer acces-
sories
Construction equip-
ment
Electronic equipment
Firearms
Glassware
Household appliances
Household furniture
Hunting and fishing
equipment
Jewelry
Junk
Lawn and garden
tools, equipment, and
furnishings
Motor vehicles
Motor vehicle parts
and equipment
Musical instruments
Photographic /video
parts and equipment
Precious and semi-
precious stones
Precious metals and
coins, including but not
limited to, gold, silver,
platinum, titanium, and
tungsten •
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehi-
cles
Video game systems,
originally manufac-
tured with a ' serial
number.
Works of art
B. Exempt Items: The
following listed items I
are exempt from the
provisions of,i, this
chapter: I
1. Beverage contain-
ers; and,
2. Scrap paper.
4- 6B -14: INSPECTION:
A. The merchant
must, during business
hours, permit a duly
authorized police of-
ficer to inspect the
entire premises -cov-
ered, by the license,
including all records
that may have any 1
relationship to the
operation of the
business. ,,
B. The ,police may
seize, with proper
seizure notice, or
require the junk dealer
or auto salvage dealer
to hold property which
the police have
probable - cause to
believe : is stolen
. property. A receipt will
be given to , the
merchant for all
property. seized.- If the
police have not seized
or picked up the
property within thirty
(30) days from the date
of notification to the
merchant, said mer-
chant may dispose of
the property.
4- 6B -15: SCREENING
REQUIREMENTS FOR
JUNK AND SALVAGE
OPERATIONS:
A. Approval Of
Screening Plan: An
operator of a junk
yard /salvage operation
must submit to the city
manager a screening
plan which must be
approved, for each
indivieual premises.
The screening plan
must integrate the
screen with the natural !
surroundings and con-
sider and make'
provisions to assure I
reasonable access to
the screen for pur-
poses of maintaining
the screens.
B. Purpose Of Screen -
ing: The purpose of
screening . is to,
eliminate the visual
impact of the junkyard
contents by obscuring
it from view outside
the premises.
C. Materials For lise
In. Screening: Materials
for use in screening of
junkyard generally con-
sist of natural
elements. plantings,
- ten ces
appropriate means I
such as storage sheds,
buildings, and other
similar elements.
1. Natural elements
are earthen : berms,
rock formations, wood -
ed areas, ,or other
similar elements.
2. Plantings are
shrubs and trees of
such types., as to
provide year -roupd
obscurement commen-
surate with local site
conditions. All plant
material' used ".,for
screening must be.of a
size and quantity to
provide,
3. Screens must be
made, of wood, metal,
or other materials
commonly used in the
building trade and be
of such height and type
as necessary to
provide. obscurement.
Screens ' must be
designed to withstand
a minimum wind load
,Pt, twenty (20)- Pour*
per square foot and of
a permanent nature.
All materials used for
finishing screens must
be a non - reflective
material which will
blend with the natural
surroundings. Screen-
ing must not be placed
in any manner so that
either the screen or the
maintenance of screen
will create or contri-
bute to the creation of
a safety hazard or
endanger public safety,
nor will it interfere
with the public's use of
any right -of -way.
D. Maintenance
Requirements: Junk-
yard /salvage operators
must maintain the
screening in a
condition equal to the
original installation of
the screening. Mainte-
nance . includes, but is
not, limited to, the
following items:
L. Replacement of
plant material which is
dead or has been
damaged so, that it no
longer serves the
intended purpose of
screening the oper-
ation.
2.. Screen Mainte-
nance includes, the
renewal of the surface
treatment with stains,
paints, or other
appropriate materials
when needed and the .
replacement of panels,
sections, members, or
support structures of
the screening when
needed.
1t 3/8
itle 4, apter
Assistant City Attorney Crenna Brumwell
Chief of Police Mark Dalsing
Goal
• Balance form with function.
• Ensure that the regulations are workable and not overly burdensome
for all parties involved.
History
• Over a year in the making
• Impacted businesses notified of changes
• Forum with owners
• Several suggestions taken into consideration and changes made
• Updated notice of changes sent to businesses
• Minimal feedback
General Changes
• Separates Pawnbrokers /Secondhand Dealers from Junk /Salvage Operations
• Adds a requirement to track items which are donated or received
• Adds a definition of "Good Moral Character"
• Requires specific information for the application
• Additional provisions
— Investigation of Applicant and Business
— Proof of Financial Responsibility
— License must be displayed in the business
General Changes
• Provision allowing denial of an application
• Provision allowing suspension revocation for the conviction of crime
• Prohibition on accepting items with an altered /tampered with serial number
• Requires that a seller presents one (1) picture identification or two (2) other forms
of identification
• Prohibits the display /storage of goods or merchandise on any public street, alley, or
public parking area (including the sidewalk)
• Clarifies that if items are seized by the Police or if the Police require the
pawnbroker /secondhand dealer to hold an item, at the end of thirty (30) days if the
Police haven't taken further action the merchant may dispose of the item
Specific Changes to Pawnbrokers /Secondhand Dealers
• Exempts:
— Solicitor's Licenses (door to door sales and transient merchants)
— The sale of secondhand goods where certain conditions are met
• Records are required to be entered daily into the electronic tracking
system known as LeadsOnline
— Adds reporting requirement for construction equipment, firearms, hunting and
fishing equipment, motor vehicles, musical instruments, and video game systems
originally manufactured with a serial number
— Exempts CDs, DVDs, videos, tapes, other similar mediums of transmitting images
or sounds, and household furniture
Specific Changes for Junk /Salvage Operations
• Exempts from the requirements:
— Solicitor's License (Door to door sales and transient merchants)
• Records required to be maintained on transactions:
— For vehicles the VIN and DOT required records must be maintained
— For junk a general description must be maintained
Questions?
Thank you!