132.01 Purpose | 132.11 Notice |
132.02 Definitions | 132.12 Hearing |
132.03 License Required | 132.13 Record and Determination |
132.04 Application for License | 132.14 Appeal |
132.05 Bond Required | 132.15 Effect of Revocation |
132.06 License Issued | 132.16 License Exemptions |
132.07 License Denied | 132.17 Charitable and Nonprofit Organizations |
132.08 Display of License | 132.18 Peddlers Operating Upon Streets |
132.09 Time Restriction | 132.19 Penalty |
132.10 Revocation of License | 132.20 Fireworks License |
For use in this chapter the following terms are defined:
1. "Peddler" means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house, or upon the public street or Multi-Use Recreational trails. An ice cream truck is considered a peddler unless it contains a mobile kitchen and facilitates the preparation, marketing and sale of food that is whole and unprocessed, packaged, or prepared in which case the ice cream truck is considered a Mobile Food Vendor subject to Municipal Code Chapter 142.
2. "Solicitor" means any person who solicits or attempts to solicit from house to house, upon the public street or Multi-Use Recreational trails any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date. The definition of "solicitor" also includes any person engaged in the business of bill posting.
(Ord. 2155 - Oct. 23 Supp.)
3. "Transient merchant" means any person who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle which is parked anywhere within the City limits. Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader, or auctioneer does not exempt any person from being considered a transient merchant.
Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining a license as herein provided is in violation of this chapter.
1. Each person shall be licensed separately. No license transfer is allowed.
2. Peddlers, Solicitors, and Transient Merchants License shall be issued for the following duration of time.
A. One day
B. One full week (7 consecutive days)
C. One month
D. One to six consecutive months
3. The amount of the license shall be determined in accordance with an established fee schedule, which fee schedule may be modified from time to time with approval of the council.
1. Application Contents: Application for a license pursuant to this chapter shall be in writing on forms furnished by the City Clerk. The application shall contain the following information:
A. Full name of applicant
B. Applicants contact information including mailing address, phone numbers and email address.
C. Applicant's employer including mailing address, phone number and email address.
D. Nature of the applicant's business.
E. List of the last three places that applicant worked as a peddler, solicitor, or transient merchant.
F. List of any vehicle(s) that will be used to conduct business, including license plate number, and proof of vehicle registration and insurance.
G. Copy of current photo driver's license or other photo ID if applicant will not be operating a vehicle.
H. Dates sought to be covered by the license.
I. Copy of bond as required in section 132.05 of this Code. (Applies to Transient Merchant Only)
J. Non-refundable application fee.
2. Character of Applicant. Upon receipt of the complete application as required by this chapter, the applicant shall be required to complete a background check through a preferred vendor of the City of Ankeny. Upon completion of the background check the City Clerk's Office and or Ankeny Police Department shall investigate the applicant as deemed necessary for the protection of the public health, safety, welfare and good.
A. Satisfactory Character and Business Responsibility. If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory, the City Clerk may endorse approval on the application, and a license shall be issued.
B. Unsatisfactory Character and Business Responsibility. If, as a result of such investigation, the applicant's character or business responsibility are found to be unsatisfactory such that would harm the public good, the police chief or the chief's designee, may endorse on such application disapproval and state reasons for disapproval and return the application to the City Clerk who shall notify the applicant in writing that the application has been disapproved, stating the reasons for the denial, and the applicant's right to appeal under subsection 3 of this section. The following are requirements for obtaining a Peddlers, Solicitors or Transient Merchants license:
(1) Applicant must possess a valid driver's license, unless the applicant will not be utilizing a motor vehicle during the license period for any purpose.
(2) The applicant has not had any misdemeanor convictions, excluding traffic law violations, in the past 2 years.
(3) The applicant has not had any felony level criminal charges regardless of conviction status in the past 5 years.
(4) The applicant has not been convicted of, pled guilty to or stipulated to the facts of any felony level crime in the past 10 years.
(5) The applicant has not been convicted of, pled guilty to or stipulated to the facts of any forcible felony, including any felony child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree or burglary in the first degree, or any sexually motivated crime.
3. Right to Appeal. Any applicant whose application for license was disapproved under subsection 2(B) of this section may appeal to the City Council at its next regularly scheduled meeting by filing with the City Clerk a written request for an appeal to the City Council at least seven (7) days prior to the meeting. As a result of this appeal, the City Council may affirm, modify or reverse the decision of the Clerk not to issue the license. If the application for license is denied, the applicant is not eligible for the issuance of a license under this chapter for a period of one year from the date of notification that the license application was disapproved, was served in person or deposited in U.S. mail.
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