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HomeMy WebLinkAbout2025-03-03 I02 Peddlers and Solicitors Applications and Bond_INTRO, 1ST READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 3, 2025 AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 122, Peddlers and Solicitors, by amending Section 122.04, Application for License, and by amending Section 122.06, Bond Required [introduction; first reading] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: Following a review of Chapter 122, Peddlers and Solicitors, City staff recommend several amendments to clarify and modify application procedures: Section 122.04, Application for License – amendments regarding criminal background checks; removing the option for such background checks to be conducted by the City Section 122.06, Bond Required – removing a specific bond amount and stating that the amount is established by resolution; adding provisions related to the release of such bonds FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The peddlers and solicitors permit application has been converted from a paper application to an online version through OpenGov, allowing for ease of application, payment, staff review and permit issuance. The OpenGov application will go live following final approval and publication of the Chapter 122 ordinance amendments. RECOMMENDATION: Introduce the ordinance and move to approve the first reading in title only. ATTACHMENTS: I. Proposed Ordinance PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I2 1 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 122, PEDDLERS AND SOLICITORS, BY AMENDING SECTION 122.04, APPLICATION FOR LICENSE, AND BY AMENDING SECTION 122.06, BOND REQUIRED WHEREAS, the City of Waukee has established rules and regulations for the licensing of peddlers and solicitors to protect residents of the City against fraud, unfair competition, and intrusion into the privacy of their homes; AND, WHEREAS, certain provisions regarding the application for a license and bond requirements under the City of Waukee Code of Ordinances, Chapter 122, Peddlers and Solicitors, are hereby amended for clarification and to reflect current practices; BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1. Chapter 122, Peddlers and Solicitors, Section 122.04, Application for License, is hereby amended as follows: 122.04 APPLICATION FOR LICENSE. An application shall be filed with the City Clerk for a license under this chapter. Such application shall set forth the applicant’s name; permanent and local address; and business address if any; local and permanent telephone number; physical description; and a recent photograph. The application shall also set forth the applicant’s employer, if any, and the employer’s address, telephone number, the nature of the applicant’s business, three communities in which the applicant has solicited on behalf of such business within the past two years, and the length of time sought to be covered by the license. Applicants for a license shall also provide a copy of a criminal background check from the Iowa Department of Public Safety Division of Criminal Investigation which was completed no more than 14 days prior to the date of the application. Section 2. Chapter 122, Peddlers and Solicitors, Section 122.06, Bond Required, is hereby amended as follows: 122.06 BOND REQUIRED. Before a license under this chapter is issued, each applicant shall post a bond with the City Clerk in an amount established by resolution of the Council. Such bond shall be conditioned to indemnify and pay the City for any penalties or costs occasioned by the enforcement of this chapter and shall not be released or rescinded until after a lapse of 30 days from the expiration of each license or the completion of any pending prosecutions of violations against the applicants and payment of all fines and costs associated therewith. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 2 Section 4. Severability Clause. 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, provisions or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the ___ day of ______________, 2025, and approved this ___ day of ______________, 2025. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk