ORDINANCE NO. 2023-05
AN ORDINANCE AMENDING TITLE V, “PUBLIC ORDER,” CHAPTER 2, “PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS,” OF THE OXFORD MUNICIPAL CODE, TO INCREASE THE FEES FOR LICENSES AND TO PROVIDE FOR PERMITS AND FEES FOR FOOD AND BEVERAGE VENDORS IN CONJUNCTION WITH RAGBRAI.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OXFORD, IOWA:
SECTION 1. That Title V, Chapter 2, “Peddlers, Solicitors and Transient Merchants,” of the Oxford Municipal Code, be and the same is hereby amended by repealing Chapter 2, “Peddlers, Solicitors and Transient Merchants,” and enacting in lieu thereof a new Section to be codified the same to read as follows:
CHAPTER 2
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
SECTION 1. DEFINITIONS. For use in this Chapter the following terms are defined:
a) “Peddler” shall mean any person or persons that carry 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.
b) “Solicitors” shall mean any person who solicits or attempts to solicit from house to house or upon the public street an order for goods, subscriptions or merchandise to be delivered at a future date.
c) “Transient Merchant” shall mean a person, firm, corporation which engages in a temporary or itinerant merchandising business or in the course of such business, hires, leases or occupies any building or structure whatsoever. 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, shall not exempt any person, firm or corporation from being a transient merchant. The term transient merchant does not apply to vendors providing or selling food, beverages or other merchandise in Oxford in connection with the 2023 RAGBRAI event.
SECTION 2. LICENSE REQUIRED. Any person engaging in peddling, soliciting, or in the business of a transient merchant in this City without first obtaining a license as herein provided shall be in violation of this Ordinance.
SECTION 3. EXEMPTIONS. The provisions of this Ordinance shall not apply to newspaper delivery persons, Boy Scouts, Girl Scouts, Campfire, Future Farmers of America, 4-H Club Members and students of the Clear Creek School District conducting projects sponsored by their organization, or persons who offer for sale products of their own raising at an established location.
SECTION 4. RELIGIOUS AND CHARITABLE ORGANIZATIONS EXEMPT. Authorized representatives of religious and charitable organizations desiring to solicit money or to distribute literature shall be exempt from the operation of this Ordinance. A charitable organization shall be required to submit in writing to the city clerk, the name and description of the activity being undertaken, the names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on and the number of persons performing such activities. If the city clerk shall find that the organization is a bonafide charitable organization a license shall be issued free of charge.
SECTION 5. APPLICATION FOR LICENSE. An application in writing shall be filed with the city clerk for a license under this Ordinance. Such application shall set forth the applicant’s name, permanent and local address, business address, if any, and physical description. 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 places where business was conducted and the length of time sought to be covered by the license. A fee of $100.00 shall be paid at the time of filing such application to cover the administrative costs associated with the application approval.
SECTION 6. ISSUANCE OF LICENSE. If the city clerk finds that the application is truthful and in conformance with Section 5 of this Ordinance the clerk shall issue the license upon payment of the license administrative fee and the posting of the bond as required in Section 7 below.
SECTION 7. BOND REQUIRED. Before a license under this Ordinance shall be issued, the applicant shall post a bond of $5,000.00 with the city clerk. Such bond shall be conditioned to indemnify and pay the City for any penalties or costs occasioned by the enforcement of this Ordinance and shall not be retired until after lapse of six months from the expiration of the license.
SECTION 8. DISPLAY OF LICENSE. Each peddler or solicitor shall at all times while doing business in the City keep the license in his or her possession. Each transient merchant shall publicly display the license with the merchant’s place of business.
SECTION 9. LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this Ordinance are not transferable in any situation and are personal to the applicant.
SECTION 10. REBATES ON LICENSES. There shall be no rebates or refunds on the license fees paid to the City.
SECTION 11. REVOCATION OF LICENSE. The city council, after notice and hearing, may revoke any license issued under this Ordinance when it has been determined that the licensee is conducting business in violation of this Code or has made fraudulent or incorrect statements in the obtaining of the license or has conducted business in any unlawful manner.
SECTION 12. PENALTY. Anyone violating any of the provisions of this Ordinance shall be guilty of a simple misdemeanor and shall be punishable by a criminal citation or municipal infraction citation.
ARTICLE II
RAGBRAI ORDINANCE
SECTION 1. FOOD VENDOR – PERMIT REQUIRED. No person, club, group, organization, corporation or entity of any kind shall sell food to the public in the City of Oxford, Iowa, during the 2023 RAGBRAI event, unless said person or entity shall first obtain a Food Vendor Permit from the City during regular business hours at the City Hall at 205 North Augusta Avenue, Oxford, Iowa. However, any person or entity which shall be in possession of a valid permit issued by the State of Iowa for the sale of food to be consumed on its premises as of July 4, 2023, shall be exempt from the requirements of this Section, unless sales will be made from a place other than an entity’s regular place of business. Any vendor who is in business as previously stated may offer their usual products for sale from a street or alley right-of-way which is contiguous to the lot or property from which they normally offer such products for sale, provided that the street or alley right-of-way has been approved for such sales by the city council.
SECTION 2. FOOD VENDOR FEES. The fee for a Food Vendor Permit shall be $500.00. Businesses and vendors that have an existing brick and mortar business in Oxford shall not be required to obtain a Food Vendor Permit. If, in the judgment of city officials, after consultation with RAGBRAI committee members, enough permits have been issued prior to July 15, 2023, to serve the public, the City may decline to issue any additional permits. In any event no permits shall be issued after July 15, 2023.
SECTION 3. VENDOR LOCATIONS. A food vendor that has been granted a Food Vendor Permit shall locate its temporary sale facility at and only at the location determined by Oxford city officials, as advised by the official RAGBRAI Food Vendor Committee. Holders of Food Vendor Permits for sales from the temporary facilities located on premises not owned or ordinarily leased by them may not set up any part of their vending operation prior to 10:00 a.m. on the 27th day of July, 2023. All such food vending locations and temporary facilities removed by 8:00 p.m. on the 29th
day of July, 2023. Locations where possible will be assigned in the order of date and time of the permit application.
SECTION 4. HEALTH REGULATIONS. Any person or entity issued a Food Vendor Permit pursuant to this Ordinance shall comply with the Iowa Department of Health and Johnson County Department of Health rules and regulations pertaining to the sale and dispensing of food for consumption at its premises which is the location assigned by the City. A representative of each Food Vendor Permit holder must attend a food safety class, if one is available, within five weeks prior to the 2023 RAGBRAI event, regardless of vending location. No permits will be issued to perspective vendors without proof of attendance at this class.
SECTION 5. NON-FOOD VENDOR – PERMIT REQUIRED. No person, club, group, organization, corporation or entity of any kind shall sell merchandise to the public in the City of Oxford, Iowa, during the 2023 RAGBRAI event, unless said person or entity shall first obtain a non-food vendor permit from the City during regular business hours at the city offices located at the City Hall, 205 North Augusta Avenue, Oxford, Iowa. However, any person or entity which shall be in possession of a valid sales tax permit issued by the State of Iowa for the sale of goods and services from its location in Oxford, Iowa, as of July 1, 2023, shall be exempt from the requirements of this Section, unless sales will be made from a place other than the entity’s regular place of business. Any merchandise vendor who is in the business as previously stated above, may offer their usual products for sale from a street or alley right-of-way which is contiguous to the lot or property from which they normally offer such products for sale, provided that the street or alley right-of-way has been approved for such sales by the city council.
SECTION 6. NON-FOOD VENDOR FEES. The fee for a Non-Food Vendor Permit shall be $500.00. If, in the judgment of city officials, after consultation with RAGBRAI committee members, enough permits have been issued prior to July 15, 2023, to serve the public, the City may decline to issue any additional permits. In any event no permits shall be issued after July 15, 2023.
SECTION 7. NON-FOOD VENDOR LOCATION. A non-food vendor that has been granted a Non-Food Vendor Permit shall locate its temporary sale facility at and only at the location determined by Oxford city officials, as advised by the official RAGBRAI Non-Food Vendor Committee. Holders of Non-Food Vendor Permits for sales from the temporary facilities located on premises not owned or ordinarily leased by them may not set up any part of their vending operation prior to 10:00 a.m. on the 27th day of July, 2023. All such food vending locations and temporary facilities removed by 8:00 p.m. on the 29th day of July, 2023. Locations where possible will be assigned in the order of date and time of the permit application.
SECTION 8. GLASS CONTAINERS. To promote public safety during the 2023 RAGBRAI events, all beverages sold in Oxford, Iowa, by any business, vendor permittee, restaurant, service station, convenience store, grocery store or other establishment, during the 2023 RAGBRAI event, shall be sold exclusive in non-glass containers.
SECTION 9. NUISANCE. The erection of a temporary facility for the sale of food or merchandise, or the sale of food or merchandise without a vendor’s permit as required above, in violation of any of the provisions of the Ordinance shall be deemed a nuisance. If a nuisance is determined to exist, an order to abate the nuisance may be given by any authorized peace officer or public official acting upon the authority of the City of Oxford, Iowa. Such an order shall be issued to the owner or representatives of the owner who may be present at the location of the nuisance. The owner or the owner’s representatives shall take immediate action to abate the nuisance. If such action is not immediately taken, the city official may take the necessary action to abate the nuisance, including but not limited to dismantling of any sales facility and removal of all products and equipment to the city offices located at City Hall. The confiscated products and equipment will be returned to the person producing proof of ownership on the next business day following the 2023 RAGBRAI event. Any person determined to have created a nuisance in violation of this Ordinance shall be guilty of a simple misdemeanor and shall be subject to a criminal citation and/or a municipal infraction.
SECTION 10. CERTAIN ORDINANCES SUSPENDED. During the period of the 2023 RAGBRAI event from 12:00 p.m. on the 28th day of July, 2023 through 9:00 p.m. on the 28th day of July, 2023, provisions of the Oxford Municipal Code which may otherwise prohibit the placing of such temporary facilities for the sale of food, merchandise or other goods, which is permitted under this article, the issuance of permits for peddlers, solicitors and transient merchants, the use of city parks and streets and similar Code provisions are hereby suspended to the extent necessary to permit the 2023 RAGBRAI event to take place as generally planned by the RAGBRAI Committee. All ordinance provisions suspended by this Code Section shall resume and become effective again at 9:00 p.m. on the 28th day of July, 2023.
SECTION 11. STREET CLOSINGS. During the period beginning at 6:00 a.m. on the 28th day of July, 2023 and ending at 10:00 p.m. on the 28th day of July, 2023, and without prior council approval regarding the blocking of any streets, any city official or person acting on behalf of the City may place barricades or roadblocks on any City street, alley, or roadway to redirect vehicle traffic in order to enhance the proper and safe flow of bicyclists, pedestrians and vehicular traffic within the city limits of the City of Oxford, Iowa.
SECTION 12. REPEALER. All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 13. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 14. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law.
PASSED AND APPROVED this ______ day of ________________, 2023.
CITY OF OXFORD
By:_________________________________________
Heather Johnson, Mayor
ATTEST:________________________________________
Adriane Sedlacek, City Clerk