CHAPTER 132
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

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

 

132.01 PURPOSE.

The purpose of this chapter is to protect residents of the City against fraud, unfair competition, and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors, and transient merchants.

132.02 DEFINITIONS.

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.

132.03 LICENSE REQUIRED.

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.

132.04 APPLICATION FOR LICENSE.

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.

132.05 BOND REQUIRED.

Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.

132.06 LICENSE ISSUED.

If the City Clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct and the license fee paid, a license shall be issued immediately.

132.07 LICENSE DENIED.

The license shall be denied if the Clerk finds any of the following:

1.   Applicant does not meet the requirements pursuant to Section 132.04 (2).

2.   Applicant falsified information on the application.

3.   Applicant has been denied a license or has had a license revoked under this chapter within the last year, unless the applicant can show that the reasons for denial or revocation no longer exist.

132.08 DISPLAY OF LICENSE.

Each solicitor or peddler shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter. Each transient merchant shall display publicly such merchant's license in the merchant's place of business.

132.09 TIME RESTRICTION.

All peddler's and solicitor's licenses shall provide that said licenses are in force and effect only between the hours of 9:00 a.m. and 7:00 p.m., Monday through Saturday, excluding national holidays.

132.10 REVOCATION OF LICENSE.

The City Clerk or the Police Department may revoke any license issued under this chapter for the following reasons:

1.   Fraudulent Statements. The licensee has made fraudulent statements in the application for the license or in the conduct of the business.

2.   Violation of Law. The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.

3.   Endangered Public Welfare, Health, or Safety. The licensee has conducted the business in such manner as to endanger the public welfare, safety, order, or morals.

132.11 NOTICE.

The City Clerk shall send a notice to the licensee at the licensee's local address, not less than ten (10) days before the date set for a hearing on the possible revocation of a license. Such notice shall contain particulars of the complaints against the licensee, the ordinance provisions or State statutes allegedly violated, and the date, time and place for hearing on the matter.