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Home My WebLink About2019-03-18-Ordinance 2922_Peddlers, SolicitorsORDINANCE NO. 2922 AN ORDINANCE TO AMEND CHAPTER 210, WAUKEE MUNICIPAL CODE, BY REPEALING THE CURRENT CHAPTER AND ENACTING IN LIEU THEREOF PROVISIONS FOR THE REGULATING AND LICENSING OF PEDDLERS AND SOLICITORS. 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the City Council of the City of Waukee: Section 1: Chapter 210, Waukee Municipal Code, should be and the same is hereby repealed and enacted in lieu thereof is as follows: REGULATING AND LICENSING OF PEDDLERS AND SOLICITORS AND TO PROVIDE PENALTIES FOR VIOLATIONS §210.1 Definitions. For use in this ordinance, the following terms are defined: 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 troln house -to -house, business -to -business, or upon public property. B. The term "solicitor" shall mean any person who solicits or attempts to solicit monies or orders for goods, subscriptions or merchandise to be delivered at a future date from hollSe-to-house, business -to -business or Upon public property. §210.2 License Required. Any person engaging in peddling or soliciting in this city without first obtaining a license as herein provided shall be in violation of this ordinance. §210.3 Exemptions. The following are exempt from the provisions of this ordinance, but shall limit their activities to the times set forth in Section 210.1 1: A. Government Officers: Officials and employees of city, county, state or federal government, or any subdivision or agency thereof, while in the performance of their official duties. B. Public Utilities: Representatives of any public utility lawfully doing business in the city, while acting in such capacity. C. Route Salespersons, Newspaper Carriers: Route salespersons or newspaper carriers who call routinely on customers on a regular basis or on an established route. D. Nationally Recognized Non -Profit Organizations: Members of any local Boy Scout, Girl Scout, Campfire, 4-I-1 Club, FFA and similar nationally recognized non-profit organizations, if the sales are to benefit the organization in its recognized operation and/or programs, and if all persons soliciting shall not be paid any commissions, fees or wages for their efforts. E. Community Improvement or Benefit: Persons making sales for the purpose of a community improvement or benefit, approved by the city council, on behalf of non-profit, tax-exempt organizations. F. School Students: Students representing local schools or local youth sports organizations conducting projects sponsored by organizations and recognized by such schools or youth sports organizations. G. Waukee Farmers Market: Merchants and vendors approved by and following rules established by the administrators of the Waukee Farmers Market for sales during that event. §210.4 Charitable Organizations. All persons who shall solicit or distribute in the name of an organization which has obtained tax exempt status under Section 501(c)(3) of the Internal Revenue Code, and who shall be paid any commissions, fees, or wages for their efforts, shall be required to provide the city clerk with the following: A. Documentation of 501(c)(3) status, B. A description of the proposed activity and the use of any money solicited, C. Full legal names and addresses of the officers and directors of the organization, D. Full legal names, addresses, and dates of birth of all persons who shall be soliciting or distributing in the name of the organization, and E. The period during which such activities will take place. If the city clerk shall find that the organization qualifies as a charitable organization under this provision, a license shall be issued to the applicant, free of charge. The applicant must then meet the other requirements of this chapter. §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, three (3) conununities in which the applicant has solicited on behalf of such business with the past two (2) years, and the length of time sought to be covered by the license. 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 DC1 background check. 5210.6 Issuance of License. The city clerk, upon review of said license application and in consultation with the police chief, shall issue a license to the applicant if the information in the application is found to be correct, if the required fees and bond are paid, and if the applicant has not been convicted of an offense involving sexual abuse and/or a crime requiring sex offender registration, serious injury or death to another person, kidnapping, false imprisonment, robbery, burglary, theft, fraud, forgery, identity theft, trespass, harassment, or stalking. §210.7 Fees. Fees shall be set by resolution of the city council. §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. §210.10 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 of 9:00 a.m. and 6:00 p.m., Monday through Saturday. §210.12 Refunds on Licenses. Any licensee who surrenders his license or has his licensed revoked prior to the date of expiration shall not be entitled to a refund of any portion of the application or license fees. §210.13 Revocation of License. The city clerk may revoke any license issued under this ordinance 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. §210.14 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 city 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 city clerk to revoke such license. §210.15 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. §210.16 Penalty. A violation of the provisions of this ordinance is prohibited and shall constitute a misdemeanor. Each day that a violation continues to exist shall constitute a separate offense. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 on April 1, 2019 after its final passage, approval and publication as provided by law. Passed by the Council the 18t' day of March, 2019, and approved this may of March, 2019. Attest: ")A441 1 L'JU4 Rebecca D. Schuett, City Clerk les Bottenberg, Mayor Pro Tern 4