Any person defined in section 4-3-2 of this chapter as a "solicitor", shall comply with the following requirements:
A. License Required: Any solicitor must procure a license as provided for herein. The term "person" as used herein includes natural persons, corporations, firms and organizations of any description, whether acting in person or through agents, employers, or other persons.
B. Application For License; Fee: An application in writing shall be filed with the clerk for a solicitor license under this chapter. Such application shall set forth the applicant's name, permanent address, local address and business address, if any. The application shall also set forth the applicant's employer, if any, and the employer's address, the nature of the applicant's business, the last three (3) places where such business was conducted and the length of time sought to be covered by the license. A nonrefundable application fee of twenty dollars ($20.00) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein. The applicant and each individual who is to be working for or on behalf of the applicant shall submit a copy of his or her state issued photo ID or photo driver's license, to be retained by the clerk, and a report of criminal history data obtained from the Iowa department of public safety. Solicitors whose business is limited to hanging information on residence doors (referred to herein as "door hangers") shall not be required to submit a report of criminal history data.
C. License Fee: Each individual who is to be working for or on behalf of the applicant is required to pay the license fee. A license fee in the following amount shall be paid to the clerk, by the applicant, prior to the issuance of any license to cover the cost of issuance and policing during the licensing period:
All solicitors except door hangers: | ||
1 day permit | $ 20.00 | |
1 week permit (7 contiguous days) | 100.00 | |
Door hangers: | ||
1 week permit (7 contiguous days) | 30.00 | |
D. Bond Required: Each applicant for a license required by this chapter shall, before the license is issued to the applicant, file with the clerk a personal surety bond in the amount of one thousand dollars ($1,000.00), conditioned that the applicant shall comply with and observe the terms and conditions of all provisions of this code relating to solicitors, and will pay all costs, fines and penalties incurred on account of the applicant's failure to observe such provisions and will pay all damages resulting to any person by reason of such applicant's actions in violation of such terms and conditions. Notwithstanding the foregoing, solicitors whose business is limited to hanging information on residence doorknobs shall not be required to file a personal surety bond. (Ord. 1030, 3-23-2017)
E. License Issued: If the clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct, the application and license fee paid, and the Clive police chief or designee has reviewed and approved said application, a license may be issued. The license shall authorize the applicant to engage in the activities of a "solicitor" as defined in section 4-3-2 of this chapter (specified limitations may be applied) for the period stated in the license, provided that nothing herein shall authorize any act or practice which is contrary to any law or ordinance. Upon expiration of the license, a new application shall be made and a new license may be issued in the same manner as the original license. (Ord. 1041, 6-8-2017)
F. Display Of License: Each person licensed under this chapter 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.
G. Character Of Applicant:
1. Evidence Of Good Character And Business Responsibility: In order to be considered for a license, the applicant shall provide in addition to the application required under this section:
a. The names, addresses and phone numbers of at least two (2) residents of the city of Clive who are not the applicant's employer, coworker, agent or relative (within 2 separations) and will certify as to the applicant's good character and business responsibility; or
b. In the alternative, the applicant shall provide other available evidence which attests to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such reputation and business responsibility.
2. Investigation: Upon receipt of the complete application as required by this section and either the information required under subsection G1a or G1b of this section the police chief or a designee shall investigate the applicant as deemed necessary for the protection of the public health, safety, welfare and good.
3. Unsatisfactory Character And Business Responsibility: If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory such that would harm the public good, the police chief 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, state the reasons for the denial, and the applicant's right to appeal under subsection G5 of this section.
4. 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 police chief may endorse approval on the application and shall return the application to the city clerk and the license may be issued under subsection E of this section.
5. Right To Appeal: Any applicant whose application for license was disapproved as under subsection G3 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.
H. License Not Transferable: Licenses issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application, for the period stated and approved in the license.
I. Hours To Do Business: All solicitor licenses shall provide that said licenses are in force and effect only between the following hours: Monday through Saturday, nine o'clock (9:00) A.M. to seven o'clock (7:00) P.M., and Sunday, one o'clock (1:00) P.M. to five o'clock (5:00) P.M. No soliciting shall occur on nationally recognized holidays. Any person found to be acting as a solicitor without a license, shall also be limited to these hours.
J. Solicitor License Exemptions:
1. Government Officers: Officers and employees of the United States, the state of Iowa, or any subdivision or agency thereof, while in the performance of their official duties.
2. Public Utilities: Representatives of any public utility lawfully doing business in the city, while acting in such capacity.
3. Route Salespersons: Route salespersons who call routinely on customers on a regular basis or on an established route.
4. Charitable Organizations: Any organization which is acting under the authority of chapter 504 of the code of Iowa, which has obtained tax exempt status under section 501(c)(3) of the internal revenue code, and if requested by the city to do so, provide documentation of 501(c)(3) status to the city.
5. Resale Or Institutional Use: Persons customarily calling on businesses or institutions for the purpose of selling products for resale or institutional use.
6. Nationally Recognized Nonprofit Organizations: Members of any Des Moines metro area Boy Scout, Girl Scout, Camp Fire, 4-H Club, FFA and similar nationally recognized nonprofit organizations, if the sales are to benefit the organization in its recognized operation and/or programs.
7. Community Improvement Or Benefit: Persons making door to door sales for the purpose of a community improvement or benefit, approved by the city council, on behalf of nonprofit, tax exempt organizations.
8. School Students: Students representing Des Moines metro area schools conducting projects sponsored by organizations and recognized by such schools.
9. Youth Sports Organizations: Des Moines metro area youth sports organizations.
10. Exercising Constitutional Rights: Persons going from house to house, door to door, business to business, street to street, or place to place where the activity is for the purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, press, and religion. This exemption may be lost if the person's exercise of these constitutional rights are merely incidental to a commercial activity. (Ord. 1030, 3-23-2017)