Ordinance 2022-602 AN ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF ORDINANCES FOR THE CITY OF MISSOURI VALLEY, IOWA ADDING DEFINITIONS AND CRITERIA FOR MOBILE FOOD VENDORS. WHEREAS, the City Council of the City of Missouri Valley, Iowa was presented with recommendations to amend the ordinance to update definitions and licensing requirements; WHEREAS, the City Council of the City of Missouri Valley finds it is in the best interest of the City to amend Chapter 122 of the City Code of Ordinances. NOW THEREFORE BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MISSOURI VALLEY, IOWA: SECTION 1. Chapter 122 of the Code of Ordinances of the City of Missouri Valley, Iowa is hereby repealed and the following adopted in lieu thereof: Chapter Title: CHAPTER 122 PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS, AND MOBILE FOOD VENDORS. 122.01 PURPOSE. The purpose of this chapter is to protect residents of The City against fraud, unfair competition, and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors, transient merchants, and mobile food vendors. 122.02 DEFINITIONS. For use of this chapter the following terms are defined: 1. “Peddler” means any person who sells or offers for sale for immediate delivery goods or merchandise from house-to-house, business-to-business, or upon public property. 2. “Solicitor” means any person who solicits or attempts to solicit from house-to-house, business-to-business, or upon public property any order for goods, services, subscriptions, or merchandise to be delivered at a future date. 3. “Transient Merchant” means any person who engages in business with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise anywhere within city limits. Temporary association with a local merchant, dealer, trader, or auctioneer does not exempt any person from being considered a transient merchant. 4. “Mobile Food Vendor” A person engaged in the business of selling food or beverages from a mobile food unit (self-contained motorized vehicle, trailer, or pushcart). 5. “Pushcart” A pushcart is a non-motorized vehicle with the dimensions not exceeding 4 feet in width and 8 feet in height and being capable of being moved and kept under control by one person traveling on foot. 6. “Garage and Yard Sales” mean those casual and occasional sales of household goods by the owner to the public, on non-receiving basis. 7. “Special Community-wide Events” mean any event or community-wide celebration including participant vendors who would normally require licensing have been deemed exempt by discretion of the City Clerk. 122.03 LICENSE REQUIRED. Unless otherwise exempted by other provisions of this chapter, any peddler, solicitor, transient merchant, or mobile food vendor, operating within the city without first obtaining a license for such activity as herein provided, or operating in violation of the terms of the license, commits a simple misdemeanor subject to fine. 122.04 APPLICATION FOR LICENSE An application in writing shall be filed with the City Clerk for a license under this chapter unless exempted under 122.17 not less than seven (7) calendar days prior to the start date of activities. Such application shall set forth the applicant’s company name, contact person, phone number, address, email address and copy of current photo identification. The application shall also describe the goods, merchandise, wares, or products to be sold. The application shall also set forth the locations of the activities and length of time requested to be covered by the license and provide written permission of the property owner upon whose property the activities will take place, and of the owner of such property that will be affected by the activities (including parking). The application shall include the make, model, year, state of registration, and license number of any and all vehicles being used in connection with the activity operated under license. An application fee of fifteen dollars ($15.00) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein. 1. Sales Tax Permit- When taxable items are intended to be sold, the applicant for the license shall submit to the City Clerk for inspection and copying a state sales tax permit as part of the complete application. 2. State Food License Required- When applicable food items are intended to be sold, the applicant for the license shall submit to the City Clerk for inspection and copying a state food sales license as part of the complete application. 3. Bond Required- Before any license issued under this chapter that is not exempt under 122.17, the applicant must provide proof to the City Clerk that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa. 122.05 LICENSE FEES (A) Except as provided under 122.17, every applicant for a license under this chapter shall pay a fee, set by City Council resolution, before a license shall be issued. (B) Peddler and Solicitor licenses shall be issued by the day and the fee shall correspond accordingly to the number of days under license. Only one person is included in each license. (C) Transient merchant and Mobile Food Vendor licenses shall be issued annually per unit for operation on private commercial property and the fee shall correspond accordingly. The license shall expire on June 1st of each year. (D) A 24-hour transient merchant or mobile food vendor license may be issued for operation on public or private property. This is the only eligible license for operation on public property. It may be issued in addition to an annual license. 122.06 LICENSE ISSUED If the City Clerk finds the application in conformity with the requirements of this chapter, that all federal and state law requirements have been met, that the facts stated within the application are accurate, that the applicant has not committed a crime, other than simple misdemeanors, of violence, theft, fraud, or dishonesty, and that the required application and licensing fee have been paid, then the City Clerk shall issue a license. 122.07 PERMITTED LOCATIONS AND TIMES (A) Peddler license- permits use in locations across the city without restriction and allows activity only between the hours of 8:00 a.m. and 7:00 p.m. (B) Solicitor license- permits use in locations across the city without restriction and allows activity only between the hours of 8:00 a.m. and 7:00 p.m. (C) Transient Merchant License- An annual license holder is permitted to operate only on private commercial property locations. A 24-hour license holder is authorized to operate on public or private property locations as approved in the application. Public property locations are allowed to operate between the hours of 8:00 a.m. to 7:00 p.m. Private commercial properties are allowed at all times subject to the same regulations of the property owner. (D) Mobile Food Vendor License- A mobile food license holder is subject to following location and time restrictions: 1. When location is within 300 feet of a residential zone, hours of operation are 7:00 a.m. to 10:00 p.m. 2. No operation allowed within 100 feet of any façade or outdoor seating of a ground-level business establishment that sells prepared food or beverages during the establishment’s business hours, including one hour prior to opening and one hour after closing, without prior approval from the food establishment owner submitted in the application. 3. Pushcart may operate within city parks, walkways or greenways as well as private property with written consent as provided in the application. Operation shall be limited to daylight hours. A minimum of forty-eight inch (48”) open walkway must be maintained for passing pedestrians. 122.08 DISPLAY OF LICENSE (A) While conducting business within city limits, each Peddler or Solicitor shall keep in his or her possession and display upon the request of any city official, peace officer, prospective customer, the license issued pursuant to this chapter as evidence that they have complied with the requirement of this chapter. (B) Each transient merchant or mobile food vendor shall publicly and visibly display the license at all times while conducting business within the city limits. 122.09 LICENSE NOT TRANSFERRABLE AND LIMITED USE Licenses issued under the provisions of this chapter are not transferrable in any situation and are to be applicable only to the person named in the application. No license issued under this chapter shall include more than one transient merchant or mobile food vendor or extend to or include more than one peddler or solicitor under a single license. 122.10 ADDITIONAL RESTRICTIONS AND REQUIREMENTS 1. No vehicles associated with a license under this section may be stored upon any public site overnight unless participating in a multiple-day, city-permitted event. 2. During operating hours, mobile food vendors shall provide a sufficient number of trash receptacles for use by customers and shall keep the area adjacent to operation clear of litter and debris. 3. Property owners and lessees who provide consent to licenses issued under this chapter acknowledge joint and several liability with the vendor to whom the license is issued. All parties are responsible for maintaining the operation of the licensed activity in a safe manner in consideration of pedestrians, drivers, and emergency vehicles and personnel who may need access in and around the operating location. Failure to maintain operation in a safe manner could result in property owners or lessees being liable to any enforcement actions or penalties allowed by law. 122.11 REVOCATION OF LICENSE Any license issued under the provisions of this chapter may be suspended or revoked by the city for any of but not limited to the following: 1. The licensee has made fraudulent statements in the application for the license. 2. The licensee has violated this chapter or any other chapter of this code, including placement of illegal signage, or has otherwise conducted business in an unlawful manner. 3. The licensee has conducted business in such a manner as to endanger public welfare, safety, order, or morals. 122.12 RECORD OF DETERMINIATION The City Clerk may deny or revoke a license when the City Clerk finds clear and convincing evidence of substantial violation of this chapter or State law. The City Clerk may make an independent investigation of such evidence, but shall make and record findings of fact and conclusions of law in a record of determination. 122.13 EFFECT OF REVOCATION Revocation of any license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of the revocation. 122.14 APPEAL Upon denial of license issue or revocation of license, the applicant/licensee shall be notified in writing and provided the record of determination. The applicant/licensee shall have a right to a hearing before the City 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 and the Clerk shall carry out the decision of the Council. 122.15 COUNCIL HEARING At the appeal hearing before the City Council, both the applicant/licensee and any complainants may be present to determine the truth of the facts alleged in the record of determination. Should the applicant/licensee, or authorized representative under the license, fail to appear without good cause, the Council shall proceed to reverse, modify, or affirm the decision of the Clerk based the record of determination. 122.16 REBATES All licenses shall be non-refundable. 122.17 LICENSE EXEMPTIONS (A) The following are excluded from the application of this chapter 1. Newspapers, persons delivering, collecting for or selling subscriptions to newspapers. 2. Members of local civic and service clubs. 3. Local farmers/gardeners who offer to sell agricultural products at the place where the products were produced. 4. Local residents holding garage sales on residential-zoned properties. Residentially zoned properties shall be allowed no more than one garage or yard sale every 30 days, excluding any City-Wide organized garage sale event. Each garage or yard sale shall last no longer than a 72-hour time period. 5. Students representing the Missouri Valley School District conducting projects sponsored by organizers recognized by the school. 6. Route delivery persons who may incidentally solicit additional business or make special sales. 7. Any on-site transactional businesses traditionally operated exclusively by persons under the age of 18, and operated on an occasional basis for no more than 89 calendar days in calendar year. 8. Persons operating during special community-wide events, at the discretion of the City Clerk. 9. Mobile food vending ancillary to a permanent food establishment. A mobile food unit license shall not be required if the mobile food unit is an ancillary to an existing permanent food establishment on the same parcel provided for following conditions are met. a. There is primary land use in a building, which is constructed or which is being constructed on a parcel in which the mobile food unit would be located. b. Sales of food associated with the permanent food establishment on the parcel would be allowed or is lawfully occurring. c. The mobile food vendor is the owner of the permanent food establishment on the parcel where the mobile food unit or food stand is located. (B) While exempted from the license fee requirement, authorized representatives of religious, non-profit, and charitable organizations, or sponsors of a charitable event, desiring to solicit money for the organization or to distribute pertinent literature on behalf of the organization must first register with the City Clerk. Such registration shall set forth the name of such organization or sponsor and charitable purpose for which such activity is sought, the names and addresses of the officers and directors of the organization, verification of its tax-exempt status, and whether any commissions, fees, or wages are to be charged in connection with the activity. Upon completed registration by a verified charitable or religious organization, the Clerk shall issue the applicable license containing the above information to the applicant free of charge, subject to the time limitations as set forth in this chapter. In the event the Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the City Council, as provided in Section 122.14 of this chapter SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged 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. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council on the 15Tth day of November, 2022, and approved this 15th day of November, 2022. Shawn Kelly, Mayor ATTEST: Turri Colglazier, City Clerk/Administrator MVTN 12-7-22
