[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.