CITY OF ROCK FALLS
APPLICATION FOR VENDING PERMIT
VENDING PERMIT # _____
Address: 3 S. Nottingham
Rock Falls, Iowa 50467
Date Rec’d ________________
Phone: (641) 696-3455
PLEASE PRINT IN INK OR TYPE
Temporary Use Requested _____________________________________________________
Date of Proposed Sale_________________________________________________________
Applicant’s Name_________________________________ Phone ______________________
Applicant’s Address ___________________________________________________________
(street) (city) (state) (zip)
Temporary Use Business Operator
Property Owner’s Name________________________________________________________
Property Owner’s address ______________________________________________________
(street) (city) (state) (zip)
Property Owner’s recognition of application: _____________________________________
Signature of property owner(s)
Site Assessor’s Map Number ____________________ Tax Lot Number(s) _______________
Site Address ________________________________________________________________
Planning District ____________ Current Use _____________________________________
As the person responsible for this application, I, the undersigned hereby acknowledge that I
have read the above application and its attachments, understand the requirements described
herein, and state that the information supplied is as complete and detailed as is currently
possible, to the best of my knowledge.
Name __________________________________ Date____________ Phone_____________
COPY OF SALES TAX PERMIT ___________________________
3-7-1 PURPOSE. The purpose of this Chapter is to establish reasonable regulations and restrictions for the practices of peddlers, solicitors, and transient merchants involved with the sale of goods who may become a nuisance and/or endanger the safety and welfare of the residents of the City.
3-7-2 DEFINITIONS. For use in this chapter, the following terms are defined
1. A "peddler" is any person carrying or transporting 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. A "solicitor" is any person who solicits or attempts to solicit from house-to-house or upon public streets orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise, or services to be delivered or fulfilled at a future date. For the purposes of this chapter, "solicitor" does not include a person who contacts another person at such person's residence without prior invitation to enlist support for or against, or solicit funds for patriotic, philanthropic, charitable, political, or religious purposes, whether or not there is an incidental purpose involving the sale of some goods or service.
3. A "transient merchant" includes every merchant, whether an individual person, a firm, corporation, partnership, or association, who brings or causes to be brought within the municipality any goods, wares, or merchandise of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise. Temporary association with a local merchant, dealer, trader, or auctioneer, for conducting such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader, or auctioneer, does not exempt any such person, firm, or corporation from being considered a transient merchant. The provisions of this chapter shall not be construed to apply to persons selling at wholesale to merchants, nor to persons running a huckster wagon, or selling or distributing livestock feeds, fresh meats, fish, fruit, or vegetables, nor to persons selling their own work or production either by themselves or their employees. Also, the provisions of this Chapter do not apply to those merchants who continuously engage in business at a permanent location for a period of more than sixty (60) days.
3-7-3 EXEMPTIONS. The provisions of this chapter shall not apply to nonprofit
civic, charitable, religious, or educational groups engaged in retail sale for
the purposes of fund raising, nor shall it apply to the following:
1. Newspaper delivery persons.
2. Local Club Members. Local clubs include the Scouts, Campfire organizations, Future Farmers of America, 4-H club members, and similar organizations within the community.
3. Students. Enrolled students of the city's school district conducting projects sponsored by organizations recognized by the school.
4. Farmers. Farmers who offer for sale products of their own raising.
5. Milk delivery services. Services which only incidentally solicit additional business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.
3-7-4 PERMITS. Before any person or organization engages in any of the practices defined herein, they must comply with all applicable Ordinances, and must also obtain from the City Clerk a permit in accordance with the provisions of sections 3-7-4 and 3-7-5. This permit shall extend no longer than sixty days. A fee of $5.00 shall be paid at the time of registration to cover the cost of investigation and issuance. (Code of Iowa, Sec. 9C.2)
3-7-5 REQUIREMENTS. Any applicant engaged in any activity described in 3-7-1
of this chapter must file with the City Clerk an application in writing that
gives the following information:
1. Name and social security number.
2. Permanent and local addresses and, in case of transient merchants, the local address from which proposed sales will be made.
3. A brief description of the nature of the sales method.
4. Name and address of the firm for or on whose behalf the orders are solicited, or the supplier of the goods offered for sale.
5. Length of time for which the permit is desired.
6. A statement as to whether or not the applicant has been convicted of any crime, and if so, the date, the nature of the offense, and the name of the court imposing the penalty.
7. Motor vehicle make, model, year, color, and registration number, if a vehicle is to be used in the proposed solicitation.
3-7-6 HOURS OF SOLICITATION. No person may conduct those activities described in Section 3-7-1 except between the hours of 8:00 a.m. and 6:00 p.m. on each day, and no solicitation shall be done on Sundays or legal holidays.
3-7-7 CONSUMER PROTECTION LAW. All solicitors and peddlers shall be informed of, agree to comply with, and comply with the State law, Section 555A.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to whom such person sells a product or service and, comply with the other requirements of the law.
3-7-8 BOND REQUIRED. Before a permit under this chapter is issued, each person subject to this Ordinance shall post with the Clerk, a bond, by a surety company authorized to insure the fidelity of others in Iowa, in the amount of $1,000 to the effect that the registrant and the surety consent to the forfeiture of the principal sum of the bond or such part thereof as may be necessary: (1) to indemnify the City for any penalties or costs occasioned by the enforcement of this chapter, and (2) to make payment of any judgment rendered against the registrant as a result of a claim or litigation arising out of or in connection with the registrant's peddling or solicitation. The bond shall not be retired until one year from the expiration of the permit.
3-7-9 OBSTRUCTION OF PEDESTRIAN OR VEHICULAR TRAFFIC. No person, while engaged in any of the practices described in Section 3-7-1, shall block or obstruct the path of any pedestrian or vehicular traffic, or block or obstruct any way of ingress or egress to roads, buildings, or other enclosures or conveyances, including, but not limited to, vehicles, elevators, and escalators.