Code of Ordinances Amendment - Title 4 - Solicitor's License Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment Title 4 - Solicitor's
License
SUMMARY: City Manager recommending adoption of an ordinance that
modifies the provision for denial, suspension, or revocation
by giving the City more guidance when handling a solicitor's
license.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 4 Business and License Regulations,
Chapter 5 Solicitor's License, Section 4-5-10 Denial,
Suspension, or Revocation of License by modifying the
reasons for denial, suspension, or revocation of a license
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Solicitor's License-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Solicitor's License
DATE: June 22, 2016
The City Attorney's Office, together with the City Clerk's Office and Police Department,
recently reviewed the criteria for denial, suspension, or revocation of a solicitor's
license. Following review it was determined more clarity was necessary related to
denial, suspension, or revocation. Assistant City Attorney Crenna Brumwell is
recommending adoption of an ordinance that modifies the provision for denial,
suspension, or revocation by giving the City more guidance when handling a license.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�I`'`„'"_—_` &�
To: Michael C. Van Milligen ICU__
City Manager
DATE: June 20, 2016
RE: Solicitor's License
The City Attorney's Office, together with the City Clerk's Office and Police Department,
recently reviewed the criteria for denial, suspension, or revocation of a solicitor's
license. Following review it was determined more clarity was necessary related to
denial, suspension, or revocation. Attached is an ordinance that modifies the provision
for denial, suspension, or revocation by giving the City more guidance when handling a
license.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001. 563 589-4381
ORDINANCE NO. 33-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 5 SOLICITOR'S LICENSE, SECTION 4-5-10
DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BY MODIFYING THE
REASONS FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-5-10 of the City of Dubuque Code of Ordinances is
amended to read as follows:
4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The city manager may, upon good cause, deny issuance or renewal of a license
or suspend or revoke any license issued under this article for a period not to exceed
one 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; or
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.
5. Misrepresentation of the source, condition, quality, weight, or measure of
the product sold by such solicitor; or
6. 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 nonrenewal, no other
solicitor's license may be issued to such person for a period of two (2) years thereafter.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 5th day of J ly, 2016.
Attest:
Kevin1Firnstahl, City perk
Roy D. Buol, ayor
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: July 8, 2016, and for which the charge is $28.78.
Subscribed to before Notary Public in and for Dubuque County, Iowa,
this day o
Notary Public in and for Dubuque County, Iowa.
MARY 1(,, WESTERMEYER
Commission Number 154885
My Comm, F.ti.a, FEB. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 33-16
`` AMENDING CITY=OF
DUBUQUE CODE OF
ORDINANCES TITLE 4
BUSINESS AND LI-
CENSE REGULA-
, TIONS, CHAPTER '.5
SOLICITOR'S "'• LI
CENSE, SECTION 4-5-
10 DENIAL, 'SUSPEN-
SION, • OR "REVOCA-.
TION OF LICENSEBY
MODIFYING THE,REA-
SONS FOR DENIAL,
SUSPENSION, . '`OR
'REVOCATION OfALI-
I CENSE covered against such
NOW, THEREFORE, 4
to the opertationrefeof the
business . within the
city remains unpaid for',
a ; period of six . (6)
months, provided such
i judgment be not
stayed under' a
s(persedeas . bond
upon appeal from such
judgment.
B. The city clerk must
give written notice of
the revocation, suspen-
sion; ordenial of re-
newal
of any license is
sued under the provi-
sions of
rovi-sions.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, suspen-
sion,
uspension or, denial . or
nonrenewal, no other
solicitor's' license: may
n be issued to such per-
son, -For 'a period 'of
er-
son for'aperiod•of. two
(2) years thereafter.
Section 2. This Ordi-
nance :" takes effect
upon. publication.
Passed, approved,
anck adopted the 6th:
day of July, 2016.
or /s/Roy D. Buol, Mayor
4. The ;licensee, own Attest: /s/Kevin
er, " manager, partner, ' i Firnstahl, City Clerk
corporate officer, or di- Published officially in
rector has been con- ,the Telegraph Herald
victed of a crime in-:, newspaper on the 8th
volving'` robbery, bur- day of July, 2016.
glary, theft, forgery, /s/Kevin S. Firnstahl,
fraud, or deceptive City Clerk
practices, the posses It 7/8
sion, manufacture, or
delivery of a controlled
substance, possession
with intent to manufac-
ture or deliver ancon
i trolled substance, pos-
session 'of drug
os-session'ofdrug para -
I phernalia, or nonpay-
ment of excise taxes
for a controlled 'sub
stance, nonpayment of
other taxes, or demon-
strated insolvency.
5. Misrepresentation,
of the source, condi-
- tion,
ondi-tion, quality; weight, or
measure of the product sold by such solicitor;
or
6. If any judgment re
BE IT ORDAINED BY
THE CITY COUNCIL
0F4 THE CITY OF DU-
' BUQUE, IOWA:
Section 1. Section 4-5-
10
510 of the City of. Dubu-
que Code of'Ordinan
ces is amended to read
as follows:
4-5-10:- DENIAL, SUS-
PENSION, OR REVOCA-
TION OF. LICENSE:
A. The city'manager
may, upon good cause,
deny issuance or re-
newal of a license or
suspend, or revoke any
license issued • under
this article fora'` period
not to exceed one year
for any of the follow-
ing: •
1. ,Violation of any
federal, state, or local
law, including, but not
limitedto, a violation
of this chapter or any
other chapter of this
code;
2. Misrepresentation
of any material fact In;,
the application for a 111,
dense; :`".r+. ti'r.p.
3. Failure to cooperate'
with law' enforcement;
EFFECT OF AMENDMENT
4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. The ^,ty Gle* may Fektoke, 6616;end, OF Qeaj 0666iaRGe OF FPRPkAiR1 Of a4 T
eaGm;T
MOGFepreseet Lien on the appliGatiGR fQF I;Gea
2. VieI federal Gtate . IGGal yaw, ORG161GIOR9, h„+ RGt limitedto, a
A. The city manager may, upon good cause, deny issuance or renewal of a license
or suspend or revoke any license issued under this article for a period not to exceed
one 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; or
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.
53. Misrepresentation of the source, condition, quality, weight, or measure of
the product sold by such solicitor; or
64. 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 nonrenewal, no other
solicitor's license may be issued to such person for a period of two (2) years thereafter.