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Home My WebLink About2006-04-03-Ordinance 2571_Peddlers, Solicitors, Transient MerchantsORDINANCE NO.2571 1 1ANORDINANCETOAMENDCHAPTER210,WAUKEE MUNICIPAL CODE,BY REPEALING THE CURRENT CHAPTER AND ENACTING IN LIEU THEREOF PROVISIONS FOR THE REGULATING AND LICENSING OF PEDDLER, SOLICITORS AND TRANSCIENT MERCHANTS AND TO PROVIDE PENALTIES FOR VIOLATIONS. BE IT ORDAINED by the City Council of the City of Waukee: Section 1:Chapter 210,Waukee Municipal Code,should be and the same is hereby repealed and enacted in lieu thereof is as follows: §21O.l Definitions.For use in this ordinance,the following terms are defmed: A.The term "peddler"shall mean any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house-to-house,business-to-business,or upon public property. B.The term "solicitor"shall mean any person who solicits or attempts to solicit from house-to-house,business-to-business or upon public property an order for goods,subscriptions or merchandise to be delivered at a future date. C.The term "transient merchant"shall mean any person,firm or corporation 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.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 considered a transient merchant. §21O.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. §21O.3 Exemptions.Newspaper carriers are excluded from the provisions of this ordinance.Farmers and gardeners selling products of their own growing shall be exempt but must locate on private property within a commercial district.Merchants taking part in the Waukee Farmers Market and following rules set up by Waukee City Council for the event are exempt. §21OA Religions,Non-Profit and Charitable Organizations Exempt. Authorized representatives of religious,non-profit and charitable organizations desiring to solicit I 1 money or to distribute literature shall be exempt from the operation of Section 210.5 through Section 210.10 of this ordinance.All such organizations shall be required to submit in writing to the city clerk the name and the purpose of the cause for which such activities are sought,names and addresses of the officers and directors of the organization,the period during which such activities are to be carried on,and whether any commissions,fees or wages are to be charged by the solicitor for his efforts and the amount thereof.If a religious,non-profit or charitable organization has an address,other than a post office box,within the City of Waukee,it shall be exempt from all of the provisions of this chapter,but shall limit their activities to the times designated herein. If the city clerk shall fmd that the organization is a bona fide charity or religious organization he shall issue,free of charge,a license containing the above information to the applicant in the event that any such applicant would be otherwise eligible for a license,but shall pay the application fees and expenses set forth in Section 21 0.5 and shall be subject to the time limitations as set forth in section 21 0.11. §210.5 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;local and permanent telephone number;physical description;and recent photograph.The application also shall set forth the applicant's employer,if any,and the employer's address,telephone number,the nature of the applicant's business,the last three (3)places of such business,the length of time sought to be covered by the license,and criminal background of the applicant.A non-refundable fee of$5.00 per applicant plus actual costs of investigation shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.Applicants for a license shall also provide a copy of a current Department of Criminal Investigations (DCI)background check,or shall make payment to the City for the costs associated with conducting a DCI background check. §21O.6 Issuance of License.If the city clerk finds the application is made out in conformance with Section 21 0.5 of this ordinance and the facts stated therein are correct,and that the applicant(s)has not committed a crime of dishonesty,theft,burglary,or robbery and is not a person as defined in Section 604.2 of the Waukee Municipal Code,he shall issue,upon posting of bond as required by Section 210.8 of this ordinance,a license and charge a fee therefore as determined by Section 210.7 of this ordinance. §210.7 Fees.Every licensee shall pay the following fee before a license shall be issued: A.For one day or any part thereof:$10.00. B.For more than one day up to one week:$10.00 per day. C.For one week or more:$50.00 per week. 2 §201.8 Bond Required.Before a license under this ordinance shall be issued, each applicant shall post a cash or money order bond of $100.00 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 a lapse of 30 days from the expiration of each license. §210.9 Display of License.Each solicitor or peddler shall at all times while doing business in this city keep in his possession the license provided for in Section 210.6 of this ordinance,and shall,upon the request of prospective customers,exhibit the license as evidence that he has complied with all requirements of this ordinance.Each transient merchant shall display publicly his license in his place of business. §21O.1O License Not Transferable.Licenses issued under the provisions of this ordinance are not transferable in any situation and are to be applicable only to the person filing the application. §210.11 Time Restriction.All licenses shall provide that said licenses are in force and effect only between the hours of9:00 a.m.and 6:00 p.m.,Monday through Saturday .. §21O.12 Rebates on Licenses.On surrender of any license before the expiration of the full period for which it was issued,the licensee may apply for a rebate of the fee from the city clerk.Determination of the amount of the rebate shall be made by deducting from the fee paid the amount payable when computed on a monthly,weekly and daily basis from the first day the license was issued.The balance,if any,shall be refunded. §21O.13 Revocation of License.If the licensee,in the application for the license or in the course of conducting his business has made incorrect or fraudulent statements,or has conducted his business in an unlawful manner,or violated an ordinance or statute,or if the licensee has conducted his business in such manner as to endanger the public welfare or safety, the city clerk may revoke any license issued under this ordinance. §21O.l4 Right to Appeal Revocation.The licensee may appeal the revocation of the license to the city council at its next regularly scheduled meeting by filing with the clerk a written request for an appeal to the city council.The city council may affirm,modify or reverse its decision or the decision of the clerk to revoke such license. §21O.15 Expiration of License.All licenses granted under this ordinance shall expire at 6:00 p.m.of the last day for which the license is issued. §21O.l6 upon conviction,be exceeding $500.00. offense. Penalty.Anyone violating any of the provisions of this ordinance shall, subject to imprisonment not exceeding thirty (30)days,or a fine not Each day that a violation continues to exist shall constitute a separate Section 2 Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.I 3 Section 3.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 4.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 3rd day of April 2006,and approved this 3'd day of April 2006. Attest: John 4