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Home My WebLink About4685-04/12/2004 INDEX BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 2o04 33843 PROOF FILED FOR RECORD MAY 19 2004 da 3:00 P. M. FEE 1-20.001 - 5.00/ COMPARED 6;i6L;JJA(14‘40 BLACK HAWK COUNTY RECORDER CITY OF WATERLOO ATTN NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4685 AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE C, PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, OF CHAPTER 4 , BUSINESSES RELATING TO SALES, OF TITLE 3 , BUSINESS & LICENSE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW ARTICLE C, PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, OF CHAPTER 4 , BUSINESSES RELATING TO SALES, OF TITLE 3 , BUSINESS & LICENSE REGULATIONS . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4 , Businesses Relating to Sales, of Title 3 , Business & License Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4 , Businesses Relating to Sales, of Title 3 , Business & License Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : 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 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 sale or delivered at a future date by other means or at another place . 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 Ordinance No. 4685 Page 2 subscriptions to newspapers; route delivery persons who make deliveries at least weekly and who only incidentally solicit additional business or 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 . 3-4C-3 : APPLICATIONS 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 therefore . 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 shall also set forth the applicant' s employer, if any, and the employer' s address, and the nature of the applicant' s business . C. Investigative Fee : A fee of ten dollars ($10 . 00) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein. 3-4C-4 : ISSUANCE OF LICENSE: A. Bond 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 therefore as determined by section 3-4C-5 of this article . If the city clerk denies the Ordinance No. 4685 Page 3 application, the applicant may appeal to the city council for license . 3-4C-5 : LICENSE FEES : Peddlers, for one month or any part thereof $20 . 00 Transient merchants : For one day or any part thereof . . . $200 . 00 3-4C-6 : CONDITIONS OF LICENSE: A. Terms 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 of the month 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. 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 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. INTRODUCED: April 12 , 2004 PASSED 1ST CONSIDERATION: April 12 , 2004 PASSED 2ND CONSIDERATION: April 12 , 2004 PASSED 3RD CONSIDERATION: April 12 , 2004 Ordinance No. 4685 Page 4 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 12th day of April , 2004 , and approved by the Mayor the 14th day of April, 2004 . Tim Hurley, Ma or ATTEST: Nancy Ecker City Clerk CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4685 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 12th day of April, 2004 . Witness my hand and seal of office this 14th day of April , 2004 . SEAL Nancy Ecke ' , City Clerk