(A) Unless otherwise provided for in this section, 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 or service organizations and clubs including but not limited to, Boy Scouts, Girl Scouts, 4-H, children’s sports groups (Little League, Pop Warner, and the like) Rotary, Jaycees, Kiwanis, Knights of Columbus and similar organizations.
(3) Local residents and farmers. The sale of raw fruits and vegetables or similar wares at a farmers market or like gathering by persons who have their residences or places of business in the city or by local farmers or gardeners. This section shall not exempt local resident businesses who shall be required to comply with the provision of this chapter if they wish to engage in sales off the grounds of their established storefront or physical place of business.
(4) Students. Students representing local school districts conducting projects sponsored by organizations recognized by the school.
(5) Route sales. Persons delivering and selling goods or merchandise to established customers 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) Yard sales. The casual and occasional sales of used household goods by the owner thereof to the public, on a non-receiving basis, if the seller, at the time of the sale, is not engaged for profit in the business of selling goods of that or similar nature, so long as such sales are not conducted in excess of four consecutive days and no more than four times annually.
(8) Emergency response sites. Sales of food and beverages at the site of an emergency or disaster with the permission of the Police Chief, Fire Chief or Public Works Director.
(9) Sale of merchandise at approved concert/special event. No permit or license shall be required for the sale of merchandise (non-food/drink goods such as shirts, hats, souvenirs) depicting advertising, promoting, or otherwise pertaining to an approved performance, performer, act, group, exhibition. Such exemption shall be limited to the period specified by the City Clerk or his/her designee upon approval of the concert/special event.
(10) The licensing requirement shall not apply to persons soliciting businesses where the businesses have not posted as not allowing solicitation.
(11) This chapter does not apply to the selling of personal property at wholesale to dealers in such articles; to the sale of produce grown in Iowa; to newspaper vendors; to merchants or their employees, in delivering goods in the regular course of business; to drug retail persons calling on physicians, pharmacists, veterinarians and hospitals; to vendors of milk and other products distributed or sold to regular customers on established routes; or to nonprofit organizations defined and authorized by Iowa Code Chapter 504 and/or § 501(c)(3) of the United States Internal Revenue Code or which is otherwise authorized by and/or organized under statutes or regulations of the United States government, churches, public and private schools and colleges that are located in Clinton County, Iowa. This chapter does not prohibit any auction sales required by statute or by order of any Court, or prohibit any auction sales conducted pursuant to law. This section does not exempt any of the above-cited individuals, groups and/or organizations from meeting the requirements of § 112.09.
(B) City may require additional documentation or information. Nothing in this section shall be construed to prohibit the City Clerk or City Administrator from requesting, in the city’s sole discretion, additional information or documentation from an applicant or licensee so long as the information or documentation requested would otherwise be required of the applicant or licensee if no exemption stated in § 112.20(A)(1) through (10) applied. Further, a request made pursuant to this subsection shall be in furtherance of this chapter’s purpose or in furtherance of the city’s general objective and power to protect and preserve the health, safety and welfare of the city and its residents.
(Ord. 2612, passed 5-14-2019; Ord. 2677, passed 4-27-2021)