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HomeMy WebLinkAbout4161-04/08/1996 • • ORDINANCE NO. 4161 AN ORDINANCE REPEALING DIVISION 2, PAWNBROKERS AND SECONDHAND GOODS DEALERS, OF ARTICLE II , SPECIFIC BUSINESSES AND OCCUPATIONS, OF CHAPTER 23 , LICENSES AND BUSINESS REGULATIONS, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA; AND ENACTING IN LIEU THEREOF A NEW DIVISION 2, PAWNBROKERS, AND DIVISION 2.1, SECONDHAND GOODS DEALERS, OF ARTICLE II, SPECIFIC BUSINESSES AND OCCUPATIONS, OF CHAPTER 23 , LICENSES AND BUSINESS REGULATIONS, OF THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: 1 That Division 2, Pawnbrokers and Secondhand Goods Dealers, of Article II, Specific Businesses and Occupations, of Chapter 23, Licenses and Business Regulations, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Division 2, Pawnbrokers, and Division 2.1, Secondhand Goods Dealers, of Article II, Specific Businesses and Occupations, j of Chapter 23, Licenses and Business Regulations, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: DIVISION 2. PAWNBROKERS Sec. 23-18. Definitions. (a) Pawnbroker. Unless otherwise expressly stated or the context clearly indicates a different intent, a pawnbroker shall mean any person who makes loans or advancements on pawn, pledge or deposit of personal property, or who receives actual possession of personal property as security for loans, with or without a mortgage, or a bill of sale thereon, or who by advertisement, sign, or otherwise holds himself or herself out as a pawnbroker, or purchases merchandise outright. (b) Secondhand goods dealer. Secondhand goods dealer shall mean any person, partnership, firm or corporation whose business includes selling, buying or receiving any tangible personal property previously owned, used, rented or leased. No person, partnership, firm, or corporation shall operate a secondhand goods dealership on the same premises as that of a pawn business, nor shall said secondhand goods dealership be operated under the pawnbroker license. Sec. 23-19. Exemption. This division shall not apply to or include the following: (a) The sale of secondhand goods where all of the following are present: ( 1) The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; i.e. , yard sale, garage sale or moving sale; (2) The items offered for sale are owned by the occupant or seller; ( 3) That no sale exceeds a period of ninety-six (96) consecutive hours; ( 4) That no more than three ( 3) sales are held in any twelve-month period; (5) That none of the items offered for sale shall have been purchased for resale or received on consignment for BOOK 322 PAGE 3 16 ` Ordinance No. 4161 Page 2 purpose of resale. (b) The sale of secondhand books or magazines. (c) The sale of goods at an auction held by a licensed auctioneer. (d) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. (e) Goods sold .at the public market, i.e. , farmers market, etc. ( f) Goods sold at a bona fide antique, used furniture or used clothing store, i.e. , a business in which seventy-five (7 5) percent of the business' revenue is derived through the sale of antiques, used furniture or used clothes. Sec. 23-20. Affidavit required. Before any license required by this division shall be issued, the applicant therefor shall file with the city clerk an affidavit that the applicant will observe and carry out the requirements of any provision of this Code or other city ordinance in force at the time of application, or any provision of this Code or other city ordinance passed thereafter and during the time the applicant' s license is in force, in relation to pawnbrokers or their business. Sec. 23-21. Application required. Any applicant for pawnbroker' s license must complete, in English, an application form provided by the city clerk with photographic proof of identification and/or any other identification required by the city clerk or police department. The application form shall contain the following information: (a) The full name, residential address, business address, date and place of birth, and social security number of the applicant, and where the applicant is a corporation or partnership, the foregoing information of the officers or partners; (b) Whether the applicant is a natural person, corporation, or partnership: ( 1) If the applicant is a partnership, the names and addresses of all partners; ( 2) If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors; (c) If the applicant is a natural person, the application shall be signed and sworn to be the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner; (d) The name of the manager or proprietor of the business; (e) Designation of location, including street and number, where business is to be transacted, plus name and address of the owner of premises; ( f) A statement by the applicant as to whether said applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this subsection has an arrest record, a statement must be made providing the place and court of said conviction, the specific charge under which the conviction was obtained, and the sentence imposed as a result of said conviction; e BOOK 322 PAGE 3 ( 1 � t Ordinance No. 4161 Page 3 (g) A statement under penalty of perjury that the applicant has truthfully and accurately reported all requested information in the application; that he or she will comply with all of the laws of the United States, the State of Iowa, and the City of Waterloo, Iowa; (h) Applicant shall provide the city clerk with any additional information required by the clerk, involving the application; (i) The police department shall investigate the facts set forth in the application and shall report to the city clerk its findings thereon. The applicant shall furnish to the police department such evidence as it may reasonably require in support of the statements set forth in the application. Sec. 23-22. Surety bond. Before any license shall issue to any pawnbroker, the applicant for said license shall file a bond with the city clerk signed by a solvent surety company authorized to execute such bonds under the laws of the State of Iowa and which is acceptable to the City of Waterloo, in a penalty sum of two thousand dollars ( $2,000. 00) conditioned that they will comply with the conditions and regulations contained in this ordinance, and that they will pay all fines, costs, or penalties imposed for failure to do so. Sec. 23-23. License required. The annual license fee shall be fifty dollars ($50.00) . Upon full compliance with this ordinance and, if warranted, the city clerk shall issue to the applicant, the business to be transacted, the place or places where it is to be carried on, the date of issue, and the time it will expire. All licenses shall be numbered in the order in which they are issued, and the city clerk shall keep a stub or duplicate thereof. No person shall, in any manner, engage in, or carry on, in the City of Waterloo, any business of pawnbroker without paying the fee and procuring a license provided in this ordinance, nor shall any person carry on said business in any manner contrary to the provisions of this ordinance. The license shall be sufficient for all clerks, agents, and/or employees engaged or employed at each place named in the license. Each clerk, agent, or employee of any pawnbroker shall be subject to and bound by the provisions of this ordinance and liable to the same penalties and to the same extent as his/her employer or principal for any violation thereof . The license provided for herein shall be valid only for the location designated in the application, and shall be prominently displayed therein at all times. Upon any change in any of the information required to be submitted as part of the application, licensee shall within three ( 3) days of such change notify the city clerk of said change, in writing, and in the event of a change of address for doing business, the license shall be returned to the city clerk and an amended license issued designating the new location. The amended license shall be valid for the length of time remaining on the original license. All licenses issued under this ordinance shall expire one ( 1) yearr after the original date of issue. Sec. 23-24. Records register required. (a) On each item or article at the time of pawning or purchasing said item or article, every pawnbroker shall be required to keep a record register in which the dealer shall accurately, intelligently and in ink legibly enter in the English language, the 322 PAGE 378 • Ordinance No. 4161 Page 4 following: ( 1) The amount paid, advanced or loaned for the article; ( 2) A detailed, complete and accurate description of the article, including identifying marks; ( 3) The article' s serial number and model number, if any; ( 4) The name of the person from whom the article is pawned or purchased, his/her signature, residence telephone number, residence address, motor vehicle operator' s license number and state from which issued or his/her social security number, said person' s race and nationality; (5) The date, time and place of the transaction; ( 6) The time and date when the article is to be redeemed or brought back. (b) Failing to keep records. Any person who shall fail to keep such records, or fail to make the required entries therein, or shall intentionally or knowingly make any false or unintelligible entry, or any entry which the dealer has reason to believe is untrue, or who shall fail to make the inquiries necessary to enable the dealer to make such entries or any of them, or who shall fail to produce the records when requested, or who shall destroy or negligently permit such records to be destroyed or lost, shall be guilty of a simple misdemeanor. (c) Copies to be provided to police. ( 1) To each person selling or pawning any property to a pawnbroker, the pawnbroker shall give a ticket for each item upon which shall be printed or written: name of pawn shop, date/time of purchase, whether bought or pawned, pawn number, article, brand, model number, serial number, description (including identifying marks) , customer name, address, city and state, date of birth, social security number/driver's license number/state, sex, race, hair, eyes, phone number, and customer signature. Said ticket shall be numbered sequentially, and reflecting the effective year; all tickets shall be purchased from City at cost; any ticket not used shall be retained for inspection by the appropriate city official. All tickets shall be retained for three hundred sixty-five ( 365) days from the issuing thereof. (2) Each pawnbroker shall deliver said tickets to the Police Department by Monday at 4:00 p.m. , or if said Monday is a holiday, by 4:00 p.m. on the next business day. Sec. 23-25. Inspection of register and property. The pawnbroker shall at all times permit a duly authorized officer of the City of Waterloo to inspect the entire premises covered by the license, including all records that may have any relationship to the operation of the pawn business. No licensee, his or her agent, or employee shall refuse, resist, or attempt to prevent the Chief of Police or his or her designee from examining the licensed premises for the purpose of discovering stolen property or any violation of this ordinance. Sec. 23-26. Police order to hold property. The police are authorized to seize property, with proper seizure notice, or require the dealer to hold property which they WO 322PAGE 379 Ordinance No. 4161 Page 5 have probable cause to believe is stolen property. A receipt will be given to the pawnbroker for all property seized. If the police have not seized or picked up the property within ten ( 10) days from the date of notification to the pawnbroker, said pawnbroker may dispose of the property as he/she deems appropriate. Sec. 23-27. Holding period. (a) Pawned items. Any item pawned shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for forty-five ( 45) days from the date the item was received by the pawnbroker. However, an individual may redeem said item that he or she pawned during or after thirty ( 30) days at the discretion of the pawnbroker. Failure to hold said items for the required holding period shall be deemed a simple misdemeanor. (b) Other than pawned items. Any item received by a pawnbroker shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for thirty ( 30) days from the date the item was received by the pawnbroker. This does not include merchandise purchased from wholesale vendors, provided there is proof of such purchase. Failure to hold said items for the required holding period shall be deemed a simple misdemeanor. Sec. 23-28. Prohibited acts. (a) No person under the age of eighteen ( 18) years shall sell or pawn any item with any pawnbroker, nor shall any pawnbroker receive any items from a person under the age of eighteen (18) years. (b) No dealer shall receive any goods unless the seller presents one ( 1) picture identification or two ( 2) forms of other types of identification. Proper identification shall consist of, but not be limited to, driver' s license, picture I.D. , medicard, draft card and/or major credit card. (c) No goods or merchandise shall be stored or continuously displayed on any public street, alley or public parking area. Any goods or merchandise stored or displayed outside a fully enclosed building shall be done so in an orderly and clean fashion so as not to create a nuisance, as defined in the Code of Iowa or Waterloo Code of Ordinances, or stored or displayed in such a manner as to provide a habitat or breeding area for rodents or insects. Goods and merchandise stored or displayed outside, which are not designed to be placed, freestanding, on the ground, shall be placed on racks or shelves. Sec. 23-29. Denial, suspension or revocation. (a) Any license under this ordinance may be denied, suspended or revoked for any of the following reasons: (1) The proposed use is in conflict with the Waterloo Zoning Ordinance; ( 2) The proposed use is in conflict with any health, building, building maintenance or other provision of this Code or state law; ( 3) Violation of any provision of this ordinance; ( 4) Fraud, misrepresentation or false statements made in securing a license; ( 5) Fraud, misrepresentation or false statements made in the course of the applicant' s business; • ( 6) Failure to cooperate with all reasonable requests of BOOK 322PAGE 380 Ordinance No. 4161 Page 6 any official of the City of Waterloo. (b) The city clerk shall, upon receipt of information alleging that grounds exist to deny, suspend or revoke the pawnbroker license of any applicant or licensee under this ordinance, and after consultation with the legal department, report the circumstances to the city council, which in such case shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a denial, suspension, or revocation hearing has been set before the city council, the grounds for the proposed denial, suspension or revocation, the date and time of the hearing, and the place where the hearing will be conducted. Upon such hearing, if the city council shall determine that one ( 1) or more of such grounds do exist, it may deny an application or suspend or revoke an existing license. A suspension shall constitute a minimum period of fourteen ( 14) calendar days during which period the licensee may not conduct any business except for redemptions. In the event such license is revoked, no pawnbroker license shall be issued to the licensee for a period of one ( 1) year. Sec. 23-30. Penalty for violation. Every person, firm or corporation, their agents or employees, who shall violate any of the provisions of this division shall, on conviction thereof, be fined an amount not to exceed one hundred dollars ($100.00) or imprisoned not to exceed thirty (30) days. Each day a violation occurs shall constitute a separate offense. Sec. 23-31. Separability of provisions. It is the intention of the council that each section, paragraph, sentence, clause, and provisions of this division is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this division nor any part thereof other than that affected by such decision. Secs. 23-32--23-35. Reserved. DIVISION 2.1. SECONDHAND GOODS DEALERS Sec. 23-35.1. Definitions. ( a) Pawnbroker. Unless otherwise expressly stated or the context clearly indicates a different intent, a pawnbroker shall mean any person who makes loans or advancements on pawn, pledge or deposit of personal property, or who receives actual possession of personal property as security for loans, with or without a mortgage, or a bill of sale thereon, or who by advertisement, sign, or otherwise holds himself or herself out as a pawnbroker, or purchases merchandise outright. (b) Secondhand goods dealer. Secondhand goods dealer shall mean any person, partnership, firm or corporation whose business includes selling, buying or receiving any tangible personal property previously owned, used, rented or leased. No person, partnership, firm, or corporation shall operate a secondhand goods dealership on the same premises as that of a pawn business, nor shall said secondhand goods dealership be operated under the pawnbroker licensee. Sec. 23-35.2. Exemption. This division shall not apply to or include the following: (a) The sale of secondhand goods where all of the following are present: BOOK 322 PAGE JS1 Ordinance No. 4161 Page 7 ( 1) The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; i.e. , yard sale, garage sale or moving sale; ( 2) The items offered for sale are owned by the occupant or seller; ( 3) That no sale exceeds a period of ninety-six ( 96) consecutive hours; ( 4) That no more than three ( 3) sales are held in any twelve-month period; ( 5) That none of the items offered for sale shall have been.- purchased for resale or received on consignment for purpose of resale. (b) The sale of secondhand books or magazines. (c) The sale of goods at an auction held by a licensed auctioneer. (d) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. (e) Goods sold at the public market, i.e. , farmers market, etc. (f) Goods sold at a bona fide antique, used furniture or used clothing store, i.e. , a business in which seventy-five (75) percent of the business' revenue is derived through the sale of antiques, used furniture or used clothes. Sec. 23-35.3. Affidavit required. Before any license required by this division shall be issued, the applicant therefor shall file with the city clerk an affidavit that the applicant will observe and carry out the requirements of any provision of this Code or other city ordinance in force at the time of application, or any provision of this Code or other city ordinance passed thereafter and during the time the applicant' s license is in force, in relation to secondhand goods dealers or their business. Sec. 23-35. 4. Application required. Any applicant for secondhand goods dealer' s license must complete, in English, an application form provided by the city clerk. The application form shall contain the following information: ( a) The full name, residential address, business address, date of birth, and social security number of the applicant, and. where the applicant is a corporation or partnership, the foregoing information of the officers or partners; (b) Designation of location, including street and number, where business is to be transacted, plus name and address of the owner of premises; (c) Whether the applicant is a natural person, corporation, or partnership: (1) If the applicant is a partnership, the names and addresses of all partners; (2) If the applicant is a corporation, the state of BOOK 322 rAcE 382 Ordinance No. 4161 Page 8 incorporation and the names and addresses of all officers and directors; (d) If the applicant is a natural person, the application shall be signed and sworn to be the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner; (e) The name of the manager or proprietor of the business; (f) A statement by the applicant as to whether said applicant has ever been convicted of any crime, except simple misdemeanor traffic violations. If any person mentioned in this subsection has an arrest record, a statement must be made providing the place and court of said conviction, the specific charge under which the conviction was obtained, and the sentence imposed as a result of said conviction; (g) A statement under penalty of perjury that the applicant has truthfully and accurately reported all requested information in the application; that he or she will comply with all of the laws of the United States, the State of Iowa, and the City of Waterloo, Iowa; (h) Applicant shall provide the city clerk with any additional information required by the clerk, involving the application; (i) The police department shall investigate the facts set forth in the application and shall report to the city clerk its findings thereon. The applicant shall furnish to the police department such evidence as it may reasonably require in support of the statements set forth in the application. Sec. 23-35. 5. Surety bond. Before any license shall issue to any secondhand goods dealer, the applicant for said license shall file a bond with the city clerk signed by a solvent surety company authorized to execute such bonds under the laws of the State of Iowa and which is acceptable to the City of Waterloo, in a penalty sum of two thousand dollars ( $2,000.00) conditioned that they will comply with the conditions and regulations contained in this ordinance, and that they will pay all fines, costs, or penalties imposed for failure to do so. Sec. 23-35.6. License required. The annual license fee shall be fifty dollars ($50.00) . Upon full compliance with this ordinance and, if warranted, the city clerk shall issue to the applicant, the business to be transacted, the place or places where it is to be carried on, the date of issue, and the time it will expire. All licenses shall be numbered in the order in which they are issued, and the city clerk shall keep a stub or duplicate thereof. No person shall engage in, or carry on, in the City of Waterloo, the business of a secondhand goods dealer without paying the fee and procuring a license provided in this ordinance, nor shall any person carry on said business in any manner contrary to the provisions of this ordinance. The license shall be sufficient for all clerks, agents, and/or employees engaged or employed at each place named in the license. Each clerk, agent, or employee of any secondhand goods dealer shall be subject to and bound by the provisions of this ordinance and liable to the same penalties and to the same extent as his/her employer or principal for any violation thereof. The license provided for herein shall be valid only for the location designated in the application, and shall be prominently • �•- •� cep !TOY 322 R0E 38` Ordinance No. 4161 Page 9 displayed therein at all times. Upon any change in any of the information required to be submitted as part of the application, licensee shall within three ( 3) days of such change notify the city clerk of said change, in writing, and in the event of a change of address for doing business, the license shall be returned to the city clerk and an amended license issued designating the new location. The amended license shall be valid for the length of time remaining on the original license. All licenses issued under this ordinance shall expire one (1) year after the original date of issue. Sec. 23-35.7 . Firearms records register required. (a) On each firearm, every secondhand goods dealer shall be required to keep a record register in which the dealer shall accurately, intelligently and legibly enter, in ink, in the English language, at the time of purchasing or receiving any firearm: ( 1) The amount paid for the firearm; ( 2) A detailed, complete and accurate description of the firearm, including identifying marks; ( 3) The firearm's serial number and model number, if any; ( 4) The name of the person from whom the firearm is purchased or received, his/her signature, residence telephone number, residence address, motor vehicle operator' s license and state from which issued or his/her social security number, said person's race and nationality; and (5) The date, time and place of the transaction. (b) Failing to keep records. Any person who shall fail to keep such records, or fail to make the required entries therein, or shall intentionally or knowingly make any false or unintelligible entry, or any entry which the dealer has reason to believe is untrue, or who shall fail to make the inquiries necessary to enable the dealer to make such entries or any of them, or who shall fail to produce the records when requested, or who shall destroy or negligently permit such records to be destroyed or lost, shall be guilty of a simple misdemeanor. (c) Copies to police. Any firearms transactions made in the course of the secondhand goods dealer' s business shall require the secondhand goods dealer to give the police a ticket upon which shall be printed or written a copy of all entries required by this ordinance to be made in the secondhand goods dealer's register with reference to the transactions with such person, for which ticket no charge shall be made by said secondhand goods dealer. The secondhand goods dealer shall give to the police a ticket for each item upon which shall be printed or written: name of secondhand goods shop, date/time of purchase, article, brand, model cnu Derr, serial number, description (including identifying marks) , name, address, city and state, date of birth, social security number/driver' s license number/state, sex, race, hair, eyes, phone number, and customer signature. Said ticket shall be numbered sequentially and reflecting the effective year, all tickets shall be purchased from City at cost, and any ticket not used shall be retained for inspection by the appropriate city official. All tickets shall be retained for three hundred sixty-five ( 365) days from the issuing thereof. Sec. 23-35.8. Inspection of register and property. The secondhand goods dealer shall at all times permit a duly authorized officer of the City of Waterloo to inspect the entire premises covered by the license, including all records that may BOOK 322PAGE384 Ordinance No. 4161 Page 10 have any relationship to the operation of the secondhand goods business. No licensee, his or her agent., or employee shall refuse, resist, or attempt to prevent the Chief of Police or his or her designee from examining the licensed premises for the purpose of discovering stolen property or any violation of this ordinance. Sec. 23-35.9. Holding period. Any firearm received by a secondhand goods dealer shall not be sold, transferred, altered, removed from the premises or otherwise disposed of for thirty ( 30) days after the date of such report to the police. This does not include merchandise purchased from wholesale vendors, provided there is proof of such purchase. Failure to hold said items for the required holding period shall be deemed a simple misdemeanor. Sec. 23-35.10. Police order to hold property. The police are authorized to seize property, with proper seizure notice, or require the dealer to hold property which they have probable cause to believe is stolen property. A receipt will be given to the secondhand goods dealer for all property seized. If the police have not seized or picked up the property within ten (10) days from the date of notification to the pawnbroker, said pawnbroker may dispose of the property as he/she deems appropriate. Sec. 23-35.11. Prohibited acts. (a) No person under the age of eighteen (18) years shall sell any item with any secondhand goods dealer, nor shall any secondhand goods dealer receive any items from a person under the age of eighteen (18) years. (b) No dealer shall receive any firearm unless the seller presents one ( 1) picture identification or two ( 2) forms of other types of identification. Proper identification shall consist of, but not be limited to, driver's license, picture I.D. , medicard, draft card and/or major credit card. (c) No goods or merchandise shall be stored or continuously displayed on any public street, alley or public parking area. Any goods or merchandise stored or displayed outside a fully enclosed building shall be done so in an orderly and clean fashion so as not to create a nuisance, as defined in state or local law, or stored or displayed in such a manner as to provide a habitat or breeding area for rodents or insects. Goods and merchandise stored or displayed outside, which are not designed to be placed, freestanding, on the ground, shall be placed on racks or shelves. Sec. 23-35.12. Denial, suspension or revocation. (a) Any license under this ordinance may be denied, suspended or revoked for any of the following reasons: (1) The proposed use is in conflict with the Waterloo Zoning Ordinance; ( 2) , The proposed use is in conflict with any health, building, building maintenance or other provision of this Code or state law; ( 3) Violation of any provision of this ordinance; ( 4) Fraud, misrepresentation or false statements made in securing a license; • ( 5) Fraud, misrepresentation or false statements made in BOOK 322 PAGE 385 Ordinance No. 4161 Page 11 the course of the applicant' s business; ( 6) Failure to cooperate with all reasonable requests of any official of the City of Waterloo. (b) The city clerk shall, upon receipt of information alleging that grounds exist to deny, suspend or revoke the secondhand goods dealer license of any applicant or licensee under this ordinance, and after consultation with the legal department, report the circumstances to the city council, which in such case shall cause a notice to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said notice shall state that a denial, suspension, or revocation hearing has been set before the city council, the grounds for the proposed denial, suspension or revocation, the date and time of the hearing, and the place where the hearing will be conducted. Upon such hearing, if the city council shall determine that one ( 1) or more of such grounds do exist, it may deny an application or suspend or revoke an existing license. A suspension shall constitute a minimum period of fourteen ( 14) calendar days during which period the licensee may not conduct any business except for redemptions. In the event such license is revoked, no secondhand goods dealer license shall issue to the licensee for a period of one ( 1) year. Sec. 23-35.13. Penalty for violation. Every person, firm or corporation, their agents or employees, who shall violate any of the provisions of this division shall, on conviction thereof, be fined an amount not to exceed one hundred dollars ($100.00) or imprisoned not to exceed thirty (30) days. Each day a violation occurs shall constitute a separate offense. Sec. 23-35.14. Separability of provisions. It is the intention of the council that each section, paragraph, sentence, clause, and provisions of this division is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this division nor any part thereof other than that affected by such decision. INTRODUCED: April 8, 1996 PASSED 1ST CONSIDERATION: April 8, 1996 PASSED 2ND CONSIDERATION: April 8, 1996 PASSED 3RD CONSIDERATION: April 8, 1996 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 8th day of April, 1996, and approved by the Mayor on the 10th day of April, 1996. �I( //ZA77,4 Joh R. -ooff, May ATTEST: j7J Susan Fangman, y Clerk CERTIFICATE I, Susan Fangman, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4161, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of April, 1996. 0 322PAGE386 ; • • Ordinance No. 4161 Page 12 Witness my hand and seal of office this 10th day of April, 1996. • Susan Fangman,=Y.er} StAZ.4 C.• 4:‘ I . - Mi SC C24) BLACK HAWK COUNTY IOWA:SS cis Filed for record Oct 9 , 19 96 at , 11112_ .M. and recorded In Boolsa. of Mi sc page 376 defedzi Rexmiler Fee 1-60.0Q/ City of Waterloo Clerk Auditor _ BOOK 322 ME 387 �•I'. I'T .�, I do solemnly swear that the annexed copy of OF IOWA, ssf legal city of WarPr1 nn Black Hawk County, ()rrlinAnre 4l d notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo,Black Hawk County,Iowa,once commencing on the 19 day of April 19 96 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper,and that the following is a correct bill for publishing said notice. Printer's Bill$ 299.04 Signed Subscribed and sworn to before me this day of A.D., 19 5'6 h,)-6tiL Notary Public Received of the sum of Dollars in full for publication of the above notice. t., •