Loading...
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.
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.
The City Clerk shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the facts alleged in the complaint and notice. Should the licensee, or authorized representative, fail to appear without good cause, the City Clerk may proceed to a determination of the complaint.
If the City Clerk revokes a license, the City Clerk shall make a part of the record the reasons therefor. The licensee, or the applicant, shall have a right to a hearing before the Council at its next regular 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. The Council may reverse, modify, or affirm the decision of the City Clerk by a majority vote of the Council members present and the City Clerk shall carry out the decision of the Council.
The following are excluded from the application of this chapter.
1. Newspapers. Persons delivering, collecting for or selling subscriptions to newspapers.
2. Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar organizations.
3. Local Residents and Farmers. Local residents and farmers who offer for sale their own produce on private property.
4. Students. Students representing the local school district conducting projects sponsored by organizations recognized by the school.
5. Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.
7. City-sponsored and/or community events held on City property.
8. Minor Businesses. An on-site transactional business traditionally operated exclusively by a person under the age of 18, operated on an occasional basis for no more than 89 calendar days in a calendar year.
(Code of Iowa, Sec. 364.3[13])
(Ord. 2067 - Sep. 21 Supp.)
Authorized representatives of charitable or nonprofit organizations operating under the provisions of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 132.03. All such organizations are required to submit in writing to the City Clerk the name and purpose of the cause for which such activities are sought, the name of each representative of the organization, names and addresses of the officers and directors of the organization, a list of any vehicles used and the license plate number of any such vehicles, the period during which such activities are to be carried on, and whether any commissions, fees or wages are to be charged by the solicitor and the amount thereof. If the City Clerk finds that the organization is a bona fide charity or nonprofit organization the City Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the City Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 132.14 of this chapter.
No peddler shall sell or offer for sale upon the public right-of-way any goods or merchandise for immediate delivery unless such vendor complies with the conditions set forth in this section.
1. Hours of Sales. All sales made by such vendors must be made only between 9:00 a.m. and one hour before sundown, and may only be made from a vehicle which is parked in a driveway or other off-street parking area.
2. Oscillating Light Required on Vehicle. Any such vehicle must be equipped with a yellow or amber oscillating light, mounted to the top thereof, which light shall be in operation during all times that sales are being conducted.
3. Stopping for Delivery Prohibited; Sales on Streets or in Parks or on Multi-Use Recreational Trails Prohibited. No person operating a vehicle (peddler's ice cream truck is exempt) may stop for the purpose of delivering goods or merchandise on the paved portion of the public right-of-way. In no event shall sales be permitted on any collector or arterial street within the City or within any public park or multi-use recreational trail.
(Ord. 2155 - Oct. 23 Supp.)
4. Peddler's License Required. No person shall sell or offer for sale goods and merchandise, under the provisions of this section, without first obtaining a peddler's license under the provisions of this chapter.
5. Applicability of Provisions. The requirements of this section shall not be deemed to apply to the delivery of goods or merchandise by route salesmen if such goods or merchandise are delivered to the dwelling of the customer.
Loading...