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.