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Home My Public Portal AboutOrdinances-1979-85 ORDINANCE NO. 1979-85 AN ORDINANCE FOR -LICENSING AND REGULATING PEDDLERS IN fi THE CITY OF 'TIFFIN, IOWA BE IT ENACTED by the ''City Council of the City of Tiffin, Iowa: SECTION I. Definitions: For use in this ordinance the following terms are defined: 1. The term "peddler" shall mean 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. The -term "solicitor" shall mean any person who solicits or attempts to "solicit from house-to-house or upon the public street an order for goods, subscriptions or merchandise to be delivered at a 'future date. 3. The term "transient merchant" shall mean 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," deal'er, trader or auctioneer shall not exempt any person, firm or corporation from being considered a transient , merchant. SECTION II. License Required. Any person engaging in peddling, soliciting or in the business of a transient merchant in this city without first obtaining a license as herein provided shall be in violation of this chapter: SECTION III. Exemptions. Newsboys, local Boy Scouts, Girl Scouts, Campfire Girls, Future Farmers of America, 4-H Club members, students of the Clear Creek Community School District conducting projects sponsored byttheir organizations, milk delivery men, persons customarily calling on businesses or institutions for the purpose of selling products for resale•or institutional useand local farmers selling fruits and vegetables which they have produced, are exempt . from the regulations of this ordinance. SECTION IV. Religious and Charitable Organizations Exempt. Authorized representatives of religious and charitable organizations desiring to solicit money or to distribute literature shall be exempt from the operation of Section V through XII of this ordinance. All such organizations shall be required to submit in writing to the city clerk the name and' purpose of the cause for' which such activities are sought, names and -addresses of the officers and directors of the organization, the periodaduring which such activities are to be carried on,` and whether any commissions, fees, or wages are to"be charged by the solicitor for his efforts and the amount thereof. If the city clerk shall •find that the organization is •a bona fide charity; or religious organization he shall issue, free of charge, a license containing the above'information to the applicant. An'.^; - applicant may appeal a denial of the license to the city council, and shall have .the right to a hearing. The license shall be valid - for not exceeding one year or such shorter time as'applicable for "the purpose of solicitation. ' • -2- SECTION V. 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, physical description, recent photograph, right thumb print, and, unless a solicitor, be accompanied by a certificate that the applicant is in good health and free from contagious diseases, signed by a local physician. The application'also shall set forth the applicant's employer, if any, and the amployer's address, the nature of the applicant's business, the last three (3) places of such business, and the length of time sought to be covered by the license. A fee of $2.00 shall be paid at the time of filing such application to cover the ocst of investigating the facts stated therein. SECTION VI Issuance- of License. If the city clerk finds the application is made out in conformance-with Section V of this ordinance and the facts stated therein are correct, he shall issue, upon posting of bond as required by Section VIII of this ordinance,. a license and charge a fee therefor as determined by Section VII of this ordinance. SECTION VII. Fees. Every licensee-,shall pay the following fee . before a license shall be issued. 1. "Solicitors". In addition to investigating fee for each person actually solociting (principal or agent), a fee for the principal. . .$30.00, per year. 2. "Peddlers of transient merchants' . a. For one day - $30.00 b. For one'week - $50.00 c. For up to six months - $100.00 d. For one year or major part thereof - $250.00 3. For longer than one month all fees `shall be computed by first computing the monthly fee, then the weekly'fee, then the daily fee, and the sum of these fees shall be fee charged. . SECTION VIII. Bond'Required `Before '°a license'under this ordinance shall be issued, each applicant'shall `post a bond of $250.00 with the city clerk. Such a 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. SECTION IX. Display of License. Each solicitor or peddler shall at all times while doing business in this city keep in his possesion the license provided for in SECTION VI' of this ordinance, and shall, upon the request of prospective -customers, exhibit-the license as evicence that he had complied with all requirements of this ordinance. Each transient merchant shall display publicly his license in his place of business. - SECTION X. 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. SECTION XI. Renovation of License. The city council, after notice and hearing, may revoke any license issued under this ordinance where the licensee in the application for the license 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 XII. Expiration of License. All licenses granted under this ordinance shall expire at 12:00 a.m. of the last day for which the license is issued. • _3_ •The council shall certify its action ,in issuing a permit to the State Department of Revenue. SECTION XIII. Consumer Protection•Law. . All solicitors and peddlers shall be informed.,of. agree to comply-with, and comply with the state law requiring a notice of cancellation be g"iven,in duplicate, properly filled out, to each buyer to which•he sells a product or service, and, comply with the other requirements of the law. REPEALER. All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed. SERVING CLAUSE. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional', such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. WHERE EFFECTIVE. This ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed by the Council the /1`7 day of MEr47e- , 1979, and approved this // day of `77dz' z i; , 1979. / MAYOR Attest: ,61-12,b-ev 21. if,' /,l �1 CLERK The foregoing ordinance entitled, AN ORDINANCE FOR LICENSING AND REGULATING PEDDLEI$ IN THE CITY OF TIFFIN, IOWA was published on the / 0 day of L) y rt.L _ - , 1979 by posting copies thereof in three public places within the limits,• two of which places are the mayor's office and the post office., I rej CLERK Councilman PO aPT introduced the foregoing Ordinance which was then read to and duly considered by the Council. Its adoption was moved by Councilman St/ c t tM , and seconded by Councilman On roll call Councilmen L1� '(;c ^D J , add�a (,t1--c. {� t_Gj i vt ,/0<)t`L &,- 77/0-? 0'C voted "Aye." Nays. Whereupon the Mayor declared the motion carried. Councilman ;"JZO, ie.: ;yam then moved that the rule or law requiring three readings of this Ordinance on three different dates be dispensed with. On call or roll, Councilmen : j OFi 1�.C << cJ j 60[LLL< i 3 voted "Aye". Nays. _4_ The. Mayor than declared this Ordinance duly passed and adopted on this f day of ` , ri'1 .( t. , 1979. Posted the three places within the corporate limits of Tiffin, Iowa. Attest 61_ CL C : '/`i�ii/k.) elAPPAbilirrei CLERK `/"YOR OFri I, � !- i- � �n ) , City Clerk of Tiff in, Iowa, do hereby certify that the above is a true and correct copy of Ordinance No. 1979-85 passed by the City Council' of Tiff in, Iowa at a regular meeting held on the /V day of `/preent/),eiU , 1979. as the same appears on record in my office. DATED- this /4 day of VC.'1 l�°�Zv i J , 1979. ee4,/hl City Clerk of Tiff in, Iowa