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)

3-4C-5: LICENSE FEES:

 

Peddlers:
For 1 month or any part thereof	$20.00
Transient Merchants:
For 1 day or any part thereof	45.00

 

(Ord. 4772, 5-2-2005)

3-4C-6: CONDITIONS OF LICENSE:

   A.   Term Of License: A peddler's license will be valid for a period of one month or any part thereof, and shall expire at eight o'clock (8:00) P.M. of the last day for which the license is issued.

   B.   Display Of License: Each peddler shall at all times while doing business in this city keep in his/her possession the license provided for in section 3-4C-4 of this article, and shall, upon the request of prospective customers, exhibit the license as evidence that he/she has complied with all requirements of this section. Each transient merchant shall display publicly such merchant's license in the merchant's place of business.

   C.   License Not Transferable: Licenses issued under the provisions of this article are not transferable in any situation or location and are to be applicable only to the person filing the application.

   D.   Limitation On Time For Peddling: No person shall peddle goods or merchandise from eight o'clock (8:00) P.M. until eight o'clock (8:00) A.M. the following day. (Ord. 4685, 4-12-2004)

3-4C-7: REVOCATION OF LICENSE:

The city council, after notice and hearing, may revoke any license issued under this article where the licensee, in the application for the license or in the course of conducting his/her business, has made fraudulent or incorrect statements or has violated this article or has otherwise conducted his/her business in an unlawful manner. Revocation of any license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of revocation. (Ord. 4685, 4-12-2004)