Loading...
Code of Ordinances Amendment - Title 4 - Solicitor's License Copyright 2014 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment Title 4 - Solicitor's License SUMMARY: City Manager recommending approval of an Ordinance providing that the City Manager must give written notice of the revocation, suspension or denial of renewal to the licensee. 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 providing that the City Manager must give written notice of the revocation, suspension, or denial of renewal 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 THE CITY OF Dubuque DUB E 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: October 10, 2016 The City Attorney's Office, together with the City Clerk's Office and Police Department, reviewed the criteria for denial, suspension or revocation of a solicitor's license and determined more clarity was necessary. City Attorney Crenna Brumwell recommends City Council approval of an Ordinance providing that the City Manager must give written notice of the revocation, suspension or denial of renewal to the licensee. I concur with the recommendation and respectfully request Mayor and City Council approval. d1L-A^1 Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB bE MEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , EsQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: September 27, 2016 RE: Solicitor's License The City Attorney's Office, together with the City Clerk's Office and Police Department, 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 providing that the City Manager must give written notice of the revocation, suspension, or denial of renewal to the licensee. 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. 53-16 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 PROVIDING THAT THE CITY MANAGER MUST GIVE WRITTEN NOTICE OF THE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL 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 manager 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 17th day of Qctober, 2016. Roy D. I3'uoI,,Aayor Attest: Kevin i"nstahl, City CI -I EFFECT OF AMENDMENT 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 managerGLQ* 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. 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: October 21, 2016, and for which the charge is $29.43. J Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 /,‘ . Notary Public in and for Dubuque County, Iowa. OFFICIAL PUBLICATION ORDINANCE NO. 53-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI— CENSE REGULA- TIONS, CHAPTER 5 I SOLICITOR'S LI- CENSE, SECTION 4-5- 10 DENIAL, SUSPEN- SION, OR REVOCA- TION OF LICENSE BY PROVIDING THAT THE CITY MANAGER MUST GIVE WRITTEN NOTICE OF THE REV- OCATION, " SUSPEN- SION, OR DENIAL OF. RENEWAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL , OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 4-5- 10 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 for a period not to exceed one year for any of the follow- ing: 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 fora 11 - cense; 3. Failure to cooperate I with law enforcement; or • 4. The licensee, own- er, manager, partner, corporate officer, or di rector has beencon- victed of a crime in volving robbery, bur - 'glary, theft, forgery, fraud, or. deceptive ( practices, the "posses- sion, manufacture, or delivery of a controlled substance, possession with intent to manufac- ture or deliver a con- trolled substance, pos- session of drug para- 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, quality, weight, or measure of the product Sold by such solicitor; or I 6. If any judgment re- covered 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 manager must give Written ,no- tice of the revocation, suspension, or denial of renewal of any li- cense issued under the provisions of this chap- ter to the license hold- er and the surety or sureties furnishing the bond provided for herein. C. In the event of such revocation, suspen- I ''sion, or denial ` or nonrenewal, no other solicitor's license : may be issued to such per- son for a period of two (2) years thereafter. Section 2. This Ordi- nance takes effect upon publication. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk It 10/21.