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Chapter 48 – Licensing and Regulating Peddlers, Solicitors and Transient Merchants and Providing for Penalties and Violations

TITLE III   COMMUNITY PROTECTION

 

CHAPTER 48

 

LICENSING AND REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS AND PROVIDING

PENALTIES FOR VIOLATIONS

 

 

3-48-1              License Required

3-48-2              Definitions

3-48-3              Exemptions

3-48-4              Religious and Charitable Organizations

3-48-5              Application for Permit

3-48-6              Denial of Permit

3-48-7              Issuance of Permit

3-48-8              Display of Permit

3-48-9              Permit Not Transferable

3-48-10            Revocation of Permit

3-48-11            Time Restrictions

3-48-12            Representation

3-48-13            Penalty

3-48-14            Trespass

 

SECTION 3-48-1      LICENSE REQUIRED. Any person engaging in peddling, soliciting, or in the business of transient merchant in the City without first obtaining a permit as herein provided shall be in violation of this ordinance.

                                                            (Code of Iowa, Sec. 9C.2)

 

SECTION 3-48-2      DEFINITIONS. For use within this ordinance the following terms are defined:

 

(1)        Peddler is any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street.

 

(2)        Solicitor is any person who solicits or attempts to solicits from house to house or upon the public street an order for goods or merchandise to be delivered at a future date.

 

(3)        Transient Merchant is 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 as a transient merchant.

 

SECTION 3-48-3      EXEMPTIONS. This ordinance shall not apply to farmers or persons selling fruits, vegetables or garden produce of his own raising. Further this ordinance shall not apply to persons selling at wholesale to merchants or transient vendors of drugs.  Further this ordinance shall not apply nor be construed so as to interfere with wholesale or retail merchants using vehicles in the delivery of goods sold at their place of business where salesmen take orders for goods to be delivered in the ordinary course of trade, or with selling and distribution of newspapers, but the term newspapers does not include magazines or pamphlets.

 

SECTION 3-48-4      RELIGIOUS AND CHARITABLE ORGANIZATIONS EXEMPT. Authorized representative of religious, charitable and political organizations shall be exempt form the provisions of this ordinance.

 

SECTION 3-48-5      APPLICATION FOR PERMIT. Sworn application in writing shall be filed with the City Clerk for a permit under this ordinance. Such application shall set forth the applicant’s name, permanent and local address, business address, if any, physical description, social security number and drivers license number, and the license plate number of any vehicle or vehicles that will be used by the applicant.  The application shall also set forth the applicant’s employer, if any, and the employers address and the nature of the applicant’s business, the last three places of such business, and the length of time sought to be covered by the permit.

 

SECTION 3-48-6      DENIAL OF PERMIT. Upon the application of a person, the police department shall run a background check upon the applicant. The City Clerk may deny the application for a permit if the applicant has been convicted of a forcible felony (arson, assault, burglary, child endangerment, kidnapping, murder, robbery, or sexual abuse, ) or an act of dishonesty (fraud, larceny, shoplifting, identify theft, forgery, or perjury). The denied applicant may request a hearing with the City Council to appeal the denial of a permit, within ten (10) days of date of denial, by filing a written request with the City Clerk. The City Council will conduct a hearing within ten (10) days of filing the request for hearing. After hearing the City Council may approve the permit or deny the permit based upon a reasonable articulation of public health and safety.

 

SECTION 3-48-7      ISSUANCE OF PERMIT. If the City Clerk finds the application is made out in conformance with Section 3-36-5 of this ordinance and the facts state therein are correct, a permit shall be issued. The City Clerk shall keep a complete register of the peddlers with permits, with their home addresses, description and date of issue and of each renewal of each and every permit so issued.

 

SECTIOIN 3-48-8     DISPLAY OF PERMIT. Each permittee shall at all times while doing business in this City keep in his possession the permit provided for in Section 3-48-7 of this ordinance and shall upon the request of prospective customers, or officials, exhibit the permit as evidence that he has complied with all requirements of this ordinance.

 

SECTION 3-48-9      PERMIT NOT TRANSFERABLE.  Permits 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.

 

SECTION 3-48-10    REVOCATION OF PERMIT. The City Council, after hearing and three days written notice of said hearing may revoke any permit issued under this ordinance where the permittee in the application for the permit or in the course of conducting his business has made fraudulent or incorrect statements, or has violated this ordinance, or has otherwise conducted his business in an unlawful manner.

 

SECTION 3-48-11    TIME RESTRICTIONS. Peddling in the City of Belle Plaine, Iowa, shall be prohibited between the hours of 6:00 P.M. and 8:00 A.M. from the first day of June to the first day of November, and from 5:00 P.M. to 8:00 A.M. from the first day of November to the first day of June.

 

SECTION 3-48-12    REPRESENTATION. No peddler, solicitor or transient merchant shall falsely or fraudulently misrepresent the quantity, character or quality of any article, item or commodity offered for sale, or sell any unwholesome or tainted food or foodstuffs. Further, any foodstuffs shall be kept in sanitary containers and other goods, wares and merchandise offered for sale shall be well covered and protected.

 

SECTION 3-48-13    PENALTY. Any person violating the provisions of this ordinance shall, upon conviction, be subject to imprisonment not exceeding thirty days, or a fine not exceeding $100.00.

 

SECTION 3-48-14    TRESPASS. No peddler, solicitor or transient merchant shall be permitted to remain upon the premises of a property owner after being asked to leave.

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