HomeMy WebLinkAbout03.03.2003• •
ORDINANCE COMMITTEE
March 3, 2003
4:30 p.m.
Council Chambers
Members present: Chairperson Getty, Kincaid, Welper, Greenwood, Clark, Jordan, Hurley.
Moved by Jordan, seconded by Clark that the Agenda, as proposed, be approved. Ayes: Seven.
Motion carried.
Council Members reviewed the Transit Merchant Ordinance.
Kurt Dralle, representing Dralle Bros. Sewing, stated he has been in the sewing business for a
number of years and has been plagued with transit merchants. Mr. Dralle stated he would like
the transit merchants to be required to get a permit. Mr. Dralle stated when he calls to complain
about the lack of permit, nothing is done.
Nancy Eckert, City Clerk, reviewed the Transit Merchant Ordinance and the items that Mr.
Dralle expressed concerns with in an e-mail to Mayor Rooff.
Ms. Eckert stated that a transient merchant is any person who engages in a temporary business
and hires, leases or occupies any building or structure. The current ordinance requires that an
applicant must provide a certificate that the applicant is in good health and free from contagious
diseases, signed by a local physician. Mr. Eckert stated that the City Clerk's office has not
required that an applicant provide said certificate for the past sixteen years. Ms. Eckert
recommended that the city remove this requirement from the ordinance as it is not required on
the application form and is probably part of the original ordinance adopted in 1941 when
contagious diseases may have been a problem. There is no other license application process
requiring this type of certificate.
Mr. Dralle is requesting that as part of the application process, we require the application be
submitted to the City Clerk's office several weeks prior to the event. Ms. Eckert reported that
most of the applications are filed several weeks in advance, but there are those occasional
vendors who do not realize they need to have the license until they are already operating in the
city, and we contact them to inform them of the process. Ms. Eckert stated that as part of the
licensing process, the Police Department reviews the applicant for any criminal activity. Ms.
Eckert stated that in most instances the license is reviewed and processed the same day.
Mr. Dralle is requesting that as part of the application process that the city require the business to
be bonded. Ms. Eckert responded that the city does not currently require the transient merchant
to be bonded, but we could require a bond as part of the process. Secondhand goods dealers and
pawnbrokers license require the business to file a bond with the City Clerk signed by a surety
company in the sum of $2,000.00 as a condition the business will comply with all the conditions
and regulations of the ordinance.
Mr. Dralle is requesting that as part of the application process that the business be required to
have a valid Iowa and Federal Tax permit. Ms. Eckert reported that the city has not required
them to show proof of these items, but we could suggest that they check with the Iowa
Department of Revenue to be sure they are following state laws.
Mr. Dralle is requesting that the address/location where the transient merchant is selling his
product be required to have a permit. Mr. Eckert reported that the transient merchant license is
valid only for the location on the application.
Mr. Dralle is requesting that a permit be required regardless of where the transaction is made.
Ms. Eckert reported that the transit merchant is required to make an application for each location,
and they are issued a license which states the dates of the event.
Mr. Dralle believes the fees are too low. Ms. Eckert suggested that the fees be doubled.
Ordinance Committee
March 3, 2003
Page 2
Mr. Draile believes that any applicant violating the ordinance should receive a stiff fine and jail
time. The current ordinance states that the City Clerk may deny the license at any time during
the application process. Once the license is issued to the applicant and he/she violates the
ordinance, the council may after hearing revoke the license.
Councilperson Hurley stated he agrees with removing the requirement that the applicant provide
a certificate of good health and that he is free from contagious diseases signed by a local
physician. He also agrees with the bond requirement, increasing the fees, and two to three weeks
notice. Councilperson Hurley stated he does not feel the Clerk's office has to verify that the
applicant has valid Iowa and Federal tax permits, but they could remind the applicant they need
to have the tax permits.
Councilperson Clark stated he would like to at least double the fees, but he has no problem with
the license being issued the same day as the application is filed in the City Clerk's office.
Councilperson Clark stated he would like a fine, but the bond requirement will help.
Councilperson Greenwood stated as a business owner he feels the City Clerk should make sure
the applicant has valid Iowa and Federal tax permits. If the applicant does not have a valid
federal or state permit in hand, the application should be denied. Councilperson Greenwood
stated he would like stiff fines for anyone not following the ordinance.
Councilperson Jordan stated that most transient merchants are a good business with a good
product. Councilperson Jordan stated the city does not require our local merchants to supply the
city with State and Federal IDs, and he does not feel the transient merchant should have to show
proof of these items to the City Clerk.
The City Clerk will make changes to the ordinance and place the new ordinance on the council
agenda.
With no further business before the council, it was moved by Clark, seconded by Jordan that the
meeting be adjourned at 4:57 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk