[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 130 of the 2000 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
BILL
Any notice, poster, placard, announcement or advertisement,
except notices required by law.
JUNK
Articles or materials that, because of age, deterioration
or use, have lost their original utility or desirability but that
by alteration, restoration or salvage may furnish an item or items
of value.
JUNK DEALER
Any person engaged in collecting, storing, buying or selling
junk.
MASSAGE THERAPY
As defined in Iowa Code Chapter 152C.1, as amended.
[Added 3-23-2023 by Ord.
No. 23-02]
PAWNBROKER
Any person whose business consists primarily of buying personal
property subject to the right of repurchase or redemption, or of receiving
actual possession of personal property as security for loans with
or without a mortgage or bill of sale. This definition does not mean
or include banks, trust companies, building and loan associations
and similar businesses.
SCAVENGER
Any person who transports upon the public streets, alleys,
sidewalks or property any refuse, except refuse directly from the
person's own property.
SNOW PLOWER FOR HIRE
Any person that hires out to remove snow from driveways and/or
privately owned parking lots by means of a motor vehicle equipped
for snow plowing.
[Ord. No. 08-20]
USED ARTICLES
Articles which have been previously owned by someone other
than the manufacturer or dealer whose business it is to sell such
articles to the public. It shall also mean any article which is proposed
for sale or resale for a purpose or use not intended by the manufacturer
or for which the article was not designed.
[Added 3-23-2023 by Ord.
No. 23-02]
No person shall engage in any trade, profession or business
in the City for which a license is required by the provisions of this
chapter without first obtaining such license from the City in the
manner provided in this chapter, unless otherwise specifically provided.
This chapter shall not be construed to require a license of
each employee or agent of one engaged in a licensed occupation. Only
the owner, manager or agent of such an occupation need possess the
license.
Any person who satisfies the conditions prescribed by this chapter
for a particular license and satisfies the Clerk that such occupation
does not and will not endanger the public welfare, order, safety,
health or morals shall be entitled to a license upon filing a proper
application and paying the full fee required.
[Amended 3-23-2023 by Ord. No. 23-02]
Application for any license or permit shall be in writing on
forms furnished by the Clerk. Every application shall include the
applicant's full name, the address of the applicant's place of residence,
the address of the applicant's business establishment or office (if
any) and the applicant's local address (if any). The application shall
be filed with the Clerk. If the Clerk determines that the application
is in proper form and that all of the prescribed conditions for the
issuance of the license have been satisfied, the Clerk shall issue
the license bearing the Clerk's signature and the time of issue. The
title of the license shall contain the name of the occupation licensed.
All fees required shall be paid to the Clerk, who shall give the applicant
a written receipt showing the sum received and the time of receipt.
If the Clerk refuses to issue a license, the Clerk shall endorse
the reasons upon the application. The applicant then shall have the
right to a hearing before the Council at its next regular meeting.
The Council may reverse, modify or affirm the decision of the Clerk
by a majority vote of the Council members present, if there is a quorum,
and the Clerk shall carry out the Council's decision.
The Clerk shall have power to inspect and investigate the conduct
of the occupations licensed by the City or to cause such an inspection
or investigation to be made by the police.
[Amended 3-23-2023 by Ord. No. 23-02]
A. The Clerk,
after giving reasonable notice as required by the Iowa Rules of Civil
Procedure, and a hearing, may revoke any license for the following
reasons:
(1) The licensee has made fraudulent
statements in the application or in the conduct of the licensee's
business.
(2) The licensee has violated
this chapter or has otherwise conducted the business or activity in
an unlawful manner, or contrary to any applicable provisions of the
Code of Ordinances.
(3) The
licensee has conducted the business or activity in a manner endangering
the public welfare, health, safety, order or morals.
B. Appeal of revocation. If the Clerk
revokes a license, the Clerk shall immediately notify the Council
in writing, giving the reasons for the revocation. The licensee then
shall have a right to a hearing before the Council at its next regular
meeting. The Council may reverse, modify or affirm the decision of
the Clerk by a majority vote of the Council members present, if there
is a quorum.
C. Effect of revocation. Revocation
of a license shall bar such person from being eligible for any license
for a period of one year from the date of revocation.
Any licensee, except in the case of a revocation, shall be entitled
to a rebate of part of the fee paid upon surrender of the license
to the City prior to expiration. The rebate shall be prorated based
upon unexpired quarters. In all cases, at least $15 of the original
fee shall be retained by the City to cover administrative costs. Any
license issued for a period of less than one year shall not be eligible
for a rebate.
A license shall not be transferable to another person, nor shall
it be used for a purpose other than that for which it was issued.
Unless otherwise provided, licenses expire one year from the
date of issue.
[Amended 8-17-2023 by Ord. No. 23-21]
Every licensee shall carry the license certificate upon their
person at all times when engaged in the activity for which the license
was granted; except that where such activity is conducted at a fixed
place or establishment, the license certificate shall be exhibited
at all times in some conspicuous place in the place of business. The
licensee shall exhibit the license certificate when applying for a
renewal and upon demand of any police officer or person representing
the City.
[Added 3-23-2023 by Ord.
No. 23-02]
The provisions of §
1-4, Indemnity, of the Code of Ordinances shall be deemed to be a part of any permit or license issued under this chapter, whether expressly recited therein or not.
[Amended 3-23-2023 by Ord. No. 23-02]
A license is not required for bill posters; however, the following
regulations and fees apply to licensing of bill posters:
A. Bill posters shall not attach
bills to any tree, pole, sidewalk, building or other structure.
B. Bills shall not be distributed
in such a manner that they may be blown down or scattered.
C. Bills larger than nine inches
by 12 inches in size shall not be handed to persons on the sidewalks
or streets or public property or attached to automobiles parked on
any streets, alleys or public property.
[Amended 3-23-2023 by Ord. No. 23-02]
A license is not required for junk dealers; however, the following
regulations apply:
A. A junk dealer shall segregate
each day's collection for a period of 48 hours. During this period,
no item shall be disposed of or altered in any manner.
B. A junk dealer shall not purchase
or receive junk from a minor unless the junk dealer first receives
the written consent of the parents or guardian of the minor. This
consent shall be attached to the record book as a part of the permanent
record.
C. A junk dealer's yard shall be
enclosed with a six-foot fence that hides the contents of the yard
from public view.
[Amended 3-23-2023 by Ord. No. 23-02]
A license is not required for scavengers; however, the following
regulations apply:
A. Refuse shall not be carried upon
any street, alley, sidewalk or property of the City in containers
that permit leaking or spilling of the refuse.
[Ord. No. 15-21; amended 3-23-2023 by Ord. No. 23-02]
A license is not required for pawnbrokers; however, the following
regulations apply:
A. All damages any person may sustain
by reason of taking in pledge or purchasing any stolen property, and
if the stolen property is sold by the applicant so that it cannot
be returned to the owner, then the applicant will pay the owner the
value thereof, or if the property still remains in the applicant's
possession, the applicant will deliver the same to the owner, together
with all costs and charges sustained by the owner in recovering possession
thereof.
B. A pawnbroker shall, at the time
of each loan, deliver to the person pawning any article or goods a
memorandum or note, signed by the pawnbroker. The memorandum or note
shall contain the substance of the entry required to be made on the
pawnbroker's form sheets. No charge shall be made by a pawnbroker
for such entry or memorandum or note.
C. No pawnbroker shall sell any
pawned or pledged article until it shall have remained 90 days in
the pawnbroker's possession after the time for the payment of the
amount loaned has expired. Such sale shall be at public auction, unless
otherwise agreed by consent in writing of the person pawning the article.
[Amended 3-23-2023 by Ord. No. 23-02]
A license is not required for auctioneers; however, the following
regulations apply:
A. An auctioneer shall not use any
part of the public streets, alleys, sidewalks or places as a location
for conducting a sale.
[Ord. No. 08-20; amended 3-23-2023 by Ord. No. 23-02]
A. No person shall conduct snow
plowing for hire at any location within the City without first obtaining
an annual license from the Public Services Department. The license
fee is as set by resolution of the City Council.
B. An application for a license as a snow plower shall contain the name, address and telephone number of the applicant and shall be accompanied by a separate list of all addresses where the applicant currently has written or oral contracts to plow snow from driveways or privately owned parking lots. The Director shall treat the list of addresses as a trade secret and keep the same under their personal locked control. The list shall be kept confidential and is not available for inspection as a public record under Iowa Code § 22.7(3). The application form will contain a statement that the applicant and all of the applicant's snow plow drivers have read and will obey the provisions of Chapter
278, Streets and Sidewalks, §
278-11, of the Marion Code of Ordinances.
[Amended 8-17-2023 by Ord. No. 23-21]
C. Every person licensed to plow
snow for hire shall supplement the customer list submitted with the
license application within 10 days of adding or deleting a customer
by filing said information with the Public Services Department.
[Ord. No. 13-11]
The practice of massage therapy as defined in § 152C.1
of the Iowa Code is prohibited by unlicensed individuals. It is unlawful
for a person to engage in or offer to engage in the practice of massage
therapy, or use in connection with the person's name the initials
"L.M.T." or the words "licensed massage therapist," "massage therapist"
"masseur," "masseuse" or any other word or title that implies or represents
that the person practices massage therapy, unless the person possesses
a license issued under the provisions of § 152C.3 of the
Code of Iowa. The Chief of Police shall placard as unsafe for entry
any building where any person has established a practice of massage
therapy without a state license and shall keep the premises placarded
until a state license has been obtained or some other legal use has
been established.
[Ord. No. 15-21]
Any person in the business of buying, selling or exchanging
used articles or personal property shall keep a record of all such
articles purchased or traded in towards a purchase. This record shall
contain a detailed and accurate description of the articles so purchased,
including the number or numbers, if any, or any marks of identification
on the articles, together with the name and address and general physical
description of the person from whom such articles were purchased or
received, and the name and address and physical description of the
person to whom such articles were sold and delivered. Such records,
together with the stock of such articles on hand, shall be open to
inspection by any police officer at any reasonable time of the day
or night. Any person in the business of buying, selling or exchanging
used articles shall retain all purchased items and traded-in items
for a minimum of five days before reselling or retrading or melting
down the item.
Persons engaged in the business of buying, selling or exchanging
used articles, junk dealers and pawnbrokers shall not purchase or
receive any such articles from any minor under the age of 18 without
the written consent of the minor's parent or guardian, nor shall any
such person sell or deliver any such article to any minor without
written consent of the minor's parent or guardian. This consent shall
be retained as part of the permanent record. The provisions of this
section shall not apply to the purchase and sale of used books and
clothing.