CHAPTER 5
SOLICITOR'S LICENSE

SECTION:

4-5-1: Definitions

4-5-2: License Required

4-5-3: Exemptions

4-5-4: Application For License

4-5-5: Bond

4-5-6: Issuance Of License

4-5-7: Fees

4-5-8: Display Of License

4-5-9: Misrepresentation

4-5-10: Denial, Suspension, Or Revocation Of License

4-5-11: Appeal

4-5-12: Personal Nature; Transferability

4-5-13: Report To City Clerk Upon Loss Required

4-5-14: Soliciting From Temporary Stands Or Vehicles Restricted

4-5-1: DEFINITIONS:

As used in this chapter, the following term has the following meaning:

SOLICITOR: Any person engaging in the following:

   A.   Offering and exposing goods, wares, merchandise, products, or services for sale, or taking or soliciting orders for goods, wares, merchandise, products, or services for future delivery from place to place, house to house, door to door, or street to street, whether the person collects advance payments for such sales or not; but excluding calling upon or soliciting business establishments, professional offices, or institutions, exclusively, or calling on prospective customers by appointment only.

   B.   Selling goods, wares, merchandise, products, or services from any fixed or temporary location, which is temporarily maintained or when such business is intermittently carried on and there is no intention to conduct the same permanently within the City, but excluding temporarily locating in the City and engaging in the taking of orders for merchandise or services, whether for immediate or future delivery. Any person is presumed to be temporarily or intermittently selling or offering to sell goods or services, unless such person intends to and does remain continuously in business at each location where such sales are offered for a period of more than sixty (60) days. (Ord. 16-13, 3-4-2013)

4-5-2: LICENSE REQUIRED:

   A.   No person may engage in business as a solicitor without first obtaining a license therefor and paying the license fee.

   B.   No person having control of private property within the City may knowingly permit another person to engage in business on or about that property as a solicitor without first requiring that person to obtain a license therefor. (Ord. 16-13, 3-4-2013)

4-5-3: EXEMPTIONS:

This chapter does not apply to the following:

   A.   Vendors of goods, merchandise, or services delivered or sold to established customers;

   B.   Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the Internal Revenue Service, where such organizations have a permanent office in Dubuque County, Iowa;

   C.   Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa;

   D.   Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa;

   E.   Persons selling at wholesale to merchants, persons selling their own art or handicrafts either by themselves or through employees, or nonprofit civic, charitable, religious, or educational groups or members or employees thereof engaged in retail sale for the purpose of fundraising;

   F.   Central Market and other permitted farmers' market businesses licensed in accordance with this Code; or

   G.   Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such persons are subject to the pawnbroker and secondhand dealer regulations set forth in chapter 6, article A of this title. (Ord. 23-19, 5-6-2019)