[HISTORY: Adopted by the City Council of the City of Marion
Ch. 122 of the 2000 Code. Amendments noted where applicable.]
Terms used in this chapter have the following meanings:
Any person who goes from house to house, from place to place,
or from street to street, conveying or transporting goods, foods which
are not potentially hazardous foods, wares or merchandise or exposing
the same for sale, or making sales and delivering articles to purchasers.
Any food that consists in whole or in part of milk or milk
products, eggs, meat, poultry, fish, shellfish, edible crustaceans
or other ingredients, including synthetic ingredients, in a form capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms. The term does not include clean, whole, uncracked,
odor-free shell eggs or foods which have a pH level of 4.6 or below
or a water activity value of 0.85 or less.
A nonmotorized vehicle limited to serving foods which are
not potentially hazardous foods or commissary-wrapped food maintained
at proper temperatures. A motorized vehicle is not considered a pushcart.
Any person who goes from house to house, from place to place,
or from street to street, soliciting or taking orders for sale or
goods, foods which are not potentially hazardous foods, wares or merchandise,
including but not limited to magazines, books, photographs, periodicals,
or personal property, for future delivery or for a service to be performed
in the future.
Any person who engages in a temporary business of selling
and delivering goods, foods which are not potentially hazardous foods,
wares or merchandise within the City, who in furtherance of such purpose
leases, uses or occupies any vehicle, trailer, tent, railroad car,
or other place in the City for the exhibition and retail sale of such
goods, wares or merchandise. "Transient merchant" does not include
the temporary sale of goods, foods which are not potentially hazardous
foods, wares, or merchandise, by a permanent merchant or private property
adjacent to the merchant's permanent place of business.
Includes peddlers, solicitors and transient merchants.
A.
No person shall engage in the business of peddler, solicitor, transient merchant or pushcart operator in the City without first obtaining a license as provided in this chapter, with the exception of those individuals and organizations identified in Subsection G of this section. Only one natural person may engage in such activity under one license.
[Amended 3-23-2023 by Ord. No. 23-02]
B.
Each peddler, solicitor, transient
merchant or pushcart operator shall obtain the necessary licenses
and/or permits as may be required by the county, state or federal
governing bodies. Each applicant shall comply with all applicable
county, state or federal laws, rules and regulations.
[Amended 3-23-2023 by Ord. No. 23-02]
C.
Each pushcart shall be separately
licensed and may operate only at the location specified in the license
as approved by the Council or a duly authorized representative of
the City.
D.
A license shall not be transferable
from person to person or from an approved location to another location
without approval of the Council or a duly authorized representative
of the City.
E.
Each transient merchant shall
prominently display the merchant's license at all times while engaging
in a temporary business of selling and delivering goods, foods which
are not potentially hazardous foods, wares, or merchandise within
the City.
F.
The license issued pursuant to
this chapter is to be carried at all times by the licensee or a representative
of the licensee, when the licensee or representative is engaged in
the particular activity for which the license was issued and shall,
upon the request of customers or City employees, exhibit the license
as evidence of compliance with all requirements of this chapter.
G.
This chapter does not apply to the selling of personal property at wholesale to dealers in such articles; to the sale of produce grown in Iowa; to newspaper vendors; to merchants or their employees, in delivering goods in the regular course of business; to drug retail persons calling on physicians, pharmacists, veterinarians and hospitals; to vendors of milk and other products distributed or sold to regular customers on established routes; or to nonprofit organizations defined and authorized by Chapter 504 of the Code of Iowa, or authorized and organized under statutes or regulations of the United States government, or approved by the Internal Revenue Service, churches, public and private schools and colleges that are located in Linn County, Iowa; nonprofit clubs and lodges when not ordinarily conducted as a business, that do not meet the requirements of Chapter 504 of the Code of Iowa and are located in Linn County, Iowa; or any other persons, organizations or entities which the City is restricted from licensing according to state law. This chapter does not prohibit any auction sales required by statute or by order of any court, or prohibit any auction sales conducted pursuant to law. This section does not exempt any of the above-cited individuals, groups and/or organizations from meeting the requirements of § 242-6A.
[Ord. No. 04-07; amended 3-23-2023 by Ord. No. 23-02]
A.
An applicant for a license under
this chapter shall provide to the Clerk reliable individual identification
as determined by the Clerk, and shall file with the Clerk a sworn
application in writing, which shall give all of the following information:
(1)
The name and physical description
of the applicant.
(2)
The permanent home address
and also the local address of the applicant.
(3)
A brief description of the
nature of the business and the goods to be sold.
(4)
The proposed location, address,
route, and/or area in which the business is to be operated.
(5)
The name and address of the
applicant's employer, if the applicant has an employer.
(6)
The length of time for which
the right to do business is desired.
(7)
If the applicant's employer
is a corporation, the state of its incorporation; evidence it is authorized
to do business in Iowa; evidence that the corporation has designated
a resident agent in the City upon whom legal service may be made;
and evidence that the corporation will be responsible for the acts
of its employees in the City.
(8)
A statement as to whether
or not the applicant had been convicted of any felony, aggravated
or serious misdemeanor, or a violation of any municipal ordinances
other than a traffic ordinance. The applicant shall provide information
on each such offense or pending charges of each such offense, including
the nature of the offense, date of the offense, and penalty imposed
for the offense.
(9)
The names and locations of
the last three municipalities where the applicant carried on business
immediately preceding this application, and the addresses from which
such business was conducted in these municipalities.
(10)
A description of any motor
vehicles to be used in conjunction with the applicant's operation
and their respective license plate numbers.
(11)
A statement that the applicant
agrees to leave private property promptly when requested to do so
by the owner, tenant, occupant, or person in control of the property.
(12)
A statement that the applicant
will not enter upon private property where a sign is posted indicating
no solicitation allowed, no solicitors, do not disturb, or words of
similar import of any of the phrases.
(13)
Other pertinent information
requested by the Clerk; including but not limited to employer identification
and sales tax permit information.
B.
In determining whether a license
under this chapter should be granted or denied, standards including
but not limited to the following shall be taken into consideration:
(1)
Whether the proposed activity
is likely to cause undue congestion of a public area.
(2)
The number and nature of past and present complaints against the applicant for activities, including but not limited to misrepresentation, fraud, selling defective merchandise, entering property posted pursuant to § 242-3A(12) or failure to promptly leave property when so requested.
(3)
Whether the applicant has
been convicted of a violation of a similar ordinance within the last
five years.
(4)
Whether the applicant has
been convicted within the last five years of any felony, aggravated
or serious misdemeanor, violation of any municipal ordinance other
than a traffic offense, that would relate to the public health, welfare,
safety and/or morals in the applicant's conduct of business under
the license.
(5)
Whether the proposed activity
is likely to cause excessive or unusual noise in violation of this
Code of Ordinances.
C.
The Clerk, upon satisfaction that
the application for license as provided for in this chapter, is true,
correct, and complete and upon payment of the license fee and compliance
with the requirements of this chapter shall issue the license. 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.
D.
The Chief of Police shall conduct
a background investigation of all applicants. For applicants aged
18 or older, this shall include a check of the applicant's background
by the Division of Criminal Investigation.
[Ord. No. 20-01; amended 3-23-2023 by Ord. No. 23-02]
A.
A license under this chapter may
be temporarily suspended by the Clerk or Police Chief when upon investigation
the Clerk or Police Chief finds any of the following:
(1)
The
licensee has made fraudulent, false, or incorrect 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 licensed business or activity
in an unlawful manner, or contrary to the provisions of this Code
of Ordinances applicable thereto.
(3)
The licensee has conducted
business in a manner endangering the public welfare, health, safety,
or morals.
B.
The license may be temporarily suspended by serving notice on the licensee by personal service or as required for personal service by the Iowa Rules of Civil Procedure. The notice shall state the reasons for suspension and shall state that the licensee has the right to appeal the suspension to the Council by filing an appeal with the Clerk within five days of the receipt of the notice. The appeal shall be conducted pursuant to the procedure of § 242-5C of this chapter but conducted as an appeal of a suspension, not a revocation. The licensee shall not conduct activity permitted by the license while the license is temporarily suspended.
A.
The Clerk, after giving reasonable
notice 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 this
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.
Notice
of hearing. The notice shall be in writing and shall be served personally
or as required for personal service by Iowa Rules of Civil Procedure.
The notice shall state the time and place of the hearing and the reasons
for the intended revocation.
C.
Appeal. 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.
D.
Effect of revocation. Revocation
of a license shall bar such person from being eligible for a license
for a period of one year from the date of revocation.
A.
No person or other organization
shall sell, display, or otherwise offer for sale any merchandise or
other materials on any sidewalk, street, public right-of-way, or other
public property, without first obtaining written approval by the Clerk
or by a duly authorized representative of the Clerk. Application for
such license shall be made in writing to the Clerk. The Clerk may
refer such application to appropriate City departments for review
and report. Said application along with the appropriate department
reports shall then be forwarded to the Clerk for action to approve
or disapprove.
B.
Persons having valid contracts with the City authorizing activities described in Subsection A above are excepted from the terms of said subsection for the activities specifically authorized in the contract.
C.
The Council reserves the right
to require the relocation of any licensed pushcart or transient merchant
to a new location in the event public safety or congestion so requires,
based on the discretion of the Council.
D.
Transient merchants who are engaging in business on private property may only do so in the following zoning districts as defined in Chapter 340, Zoning: BL, BC, BR, U-1, U-2, UTC-1, UTC-2, UC-1, M-1 or M-2.
[Amended 3-23-2023 by Ord. No. 23-02]
E.
No transient merchant shall be
permitted to operate from one location for more than seven consecutive
days; and no other transient merchant shall be permitted to operate
another business at that location within the immediate 30 days following
the previous transient merchant.
G.
All pushcart operators, transient merchants and vendors shall comply with all requirements of Chapter 340, Zoning. However, transient merchants shall not be required to provide off-street parking facilities except when off-street parking facilities are provided in the design and maintenance of said facilities.
H.
No vendor vending from a motor
vehicle shall conduct the vendor's business in such a way as could
restrict or interfere with the ingress or egress of the abutting property
owner or tenant, or create or become a public nuisance, increase traffic
congestion or delay, or constitute a hazard to traffic, life, or property,
or an obstruction to adequate access to fire, police, sanitation or
emergency vehicles. Furthermore, no vehicle shall remain in any one
place for a period longer than necessary to make a sale after having
been approached or stopped for that purpose. Notwithstanding the above,
no such vehicle shall remain stopped or parked for business purposes
at any one location for a period exceeding 15 minutes and, if parked
adjacent to a public park, shall not operate any audible sound system
while so parked.
[Ord. No. 03-18]
I.
No licensee under this chapter
shall refuse to exhibit that license when requested by a customer,
potential customer, or City employee. No licensee under this chapter
shall refuse to leave private property when requested to do so by
the owner, tenant, occupant or person in control of the property.
No licensee under this chapter shall enter upon private property and
contact the owner, tenant, occupant or person in control of the property,
when the private property has posted thereon a sign indicating no
solicitation allowed, no solicitors, do not disturb, or words of similar
import of any of these phrases.
J.
It shall be unlawful for any person,
whether licensed under this chapter or not, to sell, peddle, or solicit
any person to purchase any article or service whatsoever in a public
park or on the sidewalks adjacent to said park on both sides of the
right-of-way, when that park has been rented by or reserved by a person
or organization for a specific event and that event is taking place.
This subsection does not apply to the sale of newspapers, vendors
approved to be in the park by the Park Board, or approved by the person
or organization having rented or reserved the park. This subsection
also does not apply to any business located within the central business
district that has a written encroachment agreement with the City,
provided that its activities are restricted to the area directly adjacent
to its business; or to any business located within the central business
district during a City approved sidewalk sale, provided that its activities
are restricted to the area directly adjacent to its business. "Central
business district," as used in this subsection, means the area north
of 6th Avenue, south of 8th Avenue, east of 9th Street and west of
13th Street.
[Ord. No. 12-08]
Each pushcart operator and vendor shall meet the Food and Drug
Administration Food Service Sanitation standards and the Iowa Department
of Agriculture Food Service Sanitation Code, and applicable rules
and/or regulation, for food storage, preparation, and dispensing.
Each pushcart operator and vendor shall provide hand-washing
facilities for the employee of the license, when required by the Food
and Drug Administration regulations.
Each pushcart operator and vendor shall provide a waste retention
tank when required by Food and Drug Administration regulations. All
waste liquids, garbage, litter and refuse shall be kept covered with
tight-fitting lids and appropriately disposed of at the permanent
location. No waste liquids, garbage, litter or refuse shall be dumped
or drained onto sidewalks, streets, gutters, drains, trash receptacles,
or any other place except at the permanent location of a pushcart.
When leaving the sales area, the licensee or licensee's employees
shall pick up all litter resulting from the licensee's business, and
shall deposit such litter in an approved container in compliance with
the Food and Drug Administration Food Service Sanitation Code and
regulations, located on the licensee's cart. Failure to do so shall
be grounds for license revocation.
The Food and Drug Administration has published laws and regulations
regarding approved food and beverage items which may be sold by pushcart
operators and vendors. No items of any kind, other than those food
and beverage items allowed in the Food and Drug Administration regulations,
shall be sold or dispensed by pushcart operators and vendors.
[Ord. No. 05-16; amended 3-23-2023 by Ord. No. 23-02]
Fees for all licenses issued under this chapter shall be set
by resolution of the City Council; and the applicant shall also pay
to the Marion City Clerk all of the costs associated with any background
investigation conducted pursuant to this chapter. Fees will not be
prorated or refunded unless the license is suspended or revoked by
the Council.
A licensee shall be entitled to a rebate of part of the fee
paid for an annual license 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.
[Amended 3-23-2023 by Ord. No. 23-02]
An applicant for a license under this chapter shall file with
the Clerk a surety bond in the amount as set by resolution of the
City Council and conditioned that the applicant shall comply fully
with all ordinances of the City and laws regulating the licensee's
operation, and guaranteeing to any resident of the City that all money
paid will be accounted for and applied according to the representation
of the licensee. The bond shall continue in force as to any surety
for not less than one year from the date of execution of such agreement.
Action on such bond may be brought by the person aggrieved and for
whose benefit, among others, the bond is given.
[Amended 3-23-2023 by Ord. No. 23-02]
All licensees under this chapter shall provide proof of general
liability insurance, including products liability, in the amount as
set by resolution of the City Council. A certificate of insurance
shall be delivered to the Clerk prior to the issuance of a license.
The City and its employees shall be named as additional insureds against
any liabilities that may arise in connection with the operations of
the licensee.
No pushcart operator or vendor, nor anyone on behalf of the pushcart operator or vendor, shall shout, make an outcry, blow a horn, or use any other sound devices, including but not limited to any loud speaking radio or amplifying system which exceeds the noise levels set forth in Chapter 218, Noise, of this Code of Ordinances.
No pushcart operator or vendor shall operate before 8:00 a.m.
or after 9:00 p.m., on any day, unless specifically approved by the
Council.
The sale of any goods within any public right-of-way by a person
licensed under this chapter is prohibited unless the person has the
prior approval of the Clerk and has executed a hold harmless agreement
with the City. This provision shall not apply to the sale of newspapers.
A person licensed under this chapter shall not operate a truck
or semitruck upon any street except those designated as truck routes.
However, this section does not apply to licensed persons selling milk
or dairy products, who may operate trucks upon any City street.
A.
Peddlers are prohibited from
selling all potentially hazardous foods. If a vehicle or pushcart
is used by a peddler for the sale of any food items, all requirements
of this chapter relating to pushcarts, vehicles, and foodstuffs shall
be applicable. This provision does not prohibit the distribution of
printed materials door to door.
B.
All potentially hazardous foods
are prohibited from being sold from a pushcart by a solicitor or by
a transient merchant.
C.
Temporary sale of goods, foods
which are not potentially hazardous foods, wares or merchandise by
a permanent merchant on private property adjacent to the merchant's
permanent place of business shall not exceed seven days in duration
or take place more than once every 30 days.
