3-4B-9: HOLDING PERIODS:

Any firearm, jewelry, or precious metal received by a secondhand goods dealer shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for thirty (30) days after the date of such report to the police. This does not include merchandise purchased from wholesale vendors, provided there is proof of such purchase. Failure to hold said items for the required holding period shall be deemed a simple misdemeanor. (Ord. 4962, 10-5-2009)

3-4B-10: PROHIBITED ACTS:

   A.   Doing Business With Minors: No person under the age of eighteen (18) years shall sell any item with any secondhand goods dealer, nor shall any secondhand goods dealer receive any items from a person under the age of eighteen (18) years. (Ord. 4161, 4-8-1996)

   B.   Identification Required: No dealer shall receive any firearm, jewelry, or precious metal unless the seller presents one picture identification or two (2) forms of other types of identification. Proper identification shall consist of, but not be limited to, driver's license, picture ID, medicard, draft card and/or major credit card. (Ord. 4962, 10-5-2009)

   C.   Display Of Goods: No goods or merchandise shall be stored or continuously displayed on any public street, alley or public parking area. Any goods or merchandise stored or displayed outside a fully enclosed building shall be done so in an orderly and clean fashion so as not to create a nuisance, as defined in state or local law, or stored or displayed in such a manner as to provide a habitat or breeding area for rodents or insects. Goods and merchandise stored or displayed outside, which are not designed to be placed, freestanding, on the ground, shall be placed on racks or shelves. (Ord. 4161, 4-8-1996)

3-4B-11: DENIAL, SUSPENSION OR REVOCATION:

   A.   Any license under this article may be denied, suspended or revoked for any of the following reasons:

      1.   The proposed use is in conflict with the Waterloo zoning ordinance;

      2.   The proposed use is in conflict with any health, building, building maintenance or other provision of this code or state law;

      3.   Violation of any provision of this article;

      4.   Fraud, misrepresentation or false statements made in securing a license;

      5.   Fraud, misrepresentation or false statements made in the course of the applicant's business;

      6.   Failure to cooperate with all reasonable requests of any official of the city.

   B.   Upon receipt of information alleging that grounds exist to deny, suspend or revoke the secondhand goods dealer's license of any applicant or licensee under this article, and after consultation with the legal department, the city clerk shall report the circumstances to the city council, which in such case shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a denial, suspension or revocation hearing has been set before the city council, the grounds for the proposed denial, suspension or revocation, the date and time of the hearing, and the place where the hearing will be conducted. Upon such hearing, if the city council shall determine that one or more of such grounds do exist, it may deny an application or suspend or revoke an existing license. A suspension shall constitute a minimum period of fourteen (14) calendar days during which period the licensee may not conduct any business except for redemptions. In the event such license is revoked, no secondhand goods dealer's license shall issue to the licensee for a period of one year. (Ord. 4161, 4-8-1996)

3-4B-12: PENALTY:

Every person, his agents or employees, who shall violate any of the provisions of this article shall, upon conviction thereof, be guilty of a municipal infraction and fined as provided in subsection 1-3-2C of this code. Each day a violation occurs shall constitute a separate offense. (Ord. 4161, 4-8-1996; amd. 2001 Code)

ARTICLE C. PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

SECTION:

3-4C-1: Definitions

3-4C-2: Exemptions From Article

3-4C-3: Application For License

3-4C-4: Issuance Of License

3-4C-5: License Fees

3-4C-6: Conditions Of License

3-4C-7: Revocation Of License

3-4C-1: DEFINITIONS:

PEDDLER: Any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise or takes orders for goods, subscriptions or merchandise to be delivered at a future date.

TRANSIENT MERCHANT: Any person who engages in a temporary or itinerant merchandising business and in the course of such business, hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle which is parked anywhere within the city limits. 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 from being considered a transient merchant. Merchandising shall include taking orders for future delivery whether delivered at the location of the making of the sale or delivered at a future date by any other means or at another place. (Ord. 4685, 4-12-2004)

3-4C-2: EXEMPTIONS FROM ARTICLE:

   A.   Peddlers: The provisions of this article shall not apply to persons who offer for sale products of their own raising, and/or articles of their own manufacture. It shall also not apply to persons delivering, collecting for or selling subscriptions to newspapers; route delivery persons who make deliveries at least weekly and who only incidentally solicit additional business to make special sales.

   B.   Transient Merchants: The provisions of this article shall not apply to persons who offer for sale products of their own raising and/or manufacture. It shall also not apply to route delivery persons who make deliveries at least weekly and who only incidentally solicit additional business or make special sales. It shall also not apply to persons customarily calling upon businesses and institutions for the purpose of selling products for resale or institutional use or persons setting up display in any building or structure for the purpose of exhibiting merchandise to those who customarily engage in selling the same at retail. (Ord. 4685, 4-12-2004)

3-4C-3: APPLICATION FOR LICENSE:

   A.   Licenses Required: No person shall carry on or engage in the business of peddler, solicitor or transient merchant without first obtaining a license therefor.

   B.   Contents Of Application: An application for a license shall be filed, in writing, with the city clerk for a license under this article. Such application shall set forth the applicant's name, permanent and local address, business address, if any, and physical description. The application also shall set forth the applicant's employer, if any, and the employer's address, and the nature of the applicant's business. (Ord. 4685, 4-12-2004)

   C.   Investigative Fee: A 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. (Ord. 4772, 5-2-2005)

3-4C-4: ISSUANCE OF LICENSE:

   A.   A bond is required before any license under this chapter shall be issued to any transient merchant, the applicant for said license shall provide to the city clerk evidence that the applicant has filed a bond with the secretary of state in accordance with chapter 9C of the code of Iowa.

   B.   If the city clerk finds the application is made in conformance with section 3-4C-3 of this article, and the facts stated therein are correct, he/she shall issue a license and charge a fee therefor as determined by section 3-4C-5 of this article. If the city clerk denies the application, the applicant may appeal to the city council for a license. (Ord. 4685, 4-12-2004)