The purpose of this chapter is to assure that in the conduct of the activities, vocations, public amusements and professions licensed and regulated by this chapter, the public health, safety and welfare will be protected and maintained. (Added during 1976 codification)

For use in this chapter the following terms are defined:
A. “Bill” means any notice, poster, placard, announcement, billboard, or advertisement except notices required by law.
B. “Housemover” means any person who undertakes to move a building or similar structure upon or across the public streets, alleys, walks, or property.
C. “Junk dealer” means any person engaged in collecting, storing, buying, or selling junk. “Junk” means 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.
D. “Open to the public” means a place in which a public amusement is conducted for, engaged in, or performed by the general public and to which the general public is admitted or is in attendance. It does not include places that the general public is not free to enter and to which admission is restricted to members of a club, fraternal organization, or religious or educational group.
E. “Pawnbroker” means 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 shall not include banks, trust companies, building and loan associations, and similar businesses.
F. “Public amusement” means any public dancehall, skating rink, swimming pool, fortuneteller’s place of business, shooting gallery or circus that is open to the public.
G. “Public dancehall” means any place of public amusement in which dancing is engaged in or performed, even though food is served and the operator holds a state restaurant license under Section 170.2 of the 1975 Code of Iowa; provided, however, that places where dances are given or conducted by fraternal orders, to and restricted to the members of those organizations and their families, those conducted by any fire company of the city, and those conducted by any school, shall not be considered public dance halls even though an admission fee is charged.
I. “Obstruction of a public way” means the temporary obstruction or blockage of a sidewalk and/or a part of a lane of traffic or the total lane of traffic within the city limits, either in residential, commercial, or industrial areas, for any purpose, including construction or remodeling of premises, but not limited to the same.
J. “Person of good moral character” means any person who meets all of the following requirements:
1. He has such financial standing and good reputation as will satisfy the city that he will comply with this chapter and all laws, ordinances and regulations applicable to the operation of his business;
2. He has not been convicted of a felony. However, if his conviction of a felony occurred more than five years before the date of the application for a permit or license, and if his rights of citizenship have been restored by the governor, the city clerk-treasurer may determine that he is a person of good moral character notwithstanding such conviction. (Ord. 829 §§ 1 and 2, 1986; Ord. 800 (part), 1984; Ord. 689 (part), 1978; added during 1976 codification)

It is unlawful for any person to engage in any activity, vocation, profession or public amusement regulated by this chapter without first obtaining a valid license from the city in compliance with this chapter; provided, however, that the city council, by resolution, may either:
A. Exempt from licensing peddlers selling at locations approved in said resolution during an event declared to be of city-wide interest and licensed as a “special event” as set out in Chapter 5.26 upon the condition that the sponsor of said exempted event shall file with the city clerk prior to such event a list of the names, social security numbers and addresses of any participating peddler, along with a copy of a current sales tax license; or
B. Limit the area or areas for which a peddler’s license may be issued as provided in Section 5.04.280. (Ord. 995 § 1 (part), 1998)

Application for any license under this chapter shall be made in writing on forms furnished by the city clerk-treasurer. One application shall be filed with the city clerk-treasurer and shall include:
A. The applicant’s full name and address, the address of his local business establishment, and the nature of his business;
B. If the applicant is not the owner of the place where the business is to be conducted, the name and address of the owner;
C. If the applicant is a corporation or other association, it shall also list the names and addresses of its principal officers;
D. The attachment of a receipt from the city, showing payment of all fees;
E. A statement whether any person specified in this subsection has ever been convicted of any offense against the laws of the United States or any state or territory thereof, or any political subdivision of any such state or territory. (Ord. 800 (part), 1984; added during 1976 codification)

All fees required by this chapter shall be paid to the city clerk-treasurer, who shall give the applicant a written receipt showing the sum received and the time of receipt. (Added during 1976 codification)

If the city clerk-treasurer finds that all of the prescribed conditions for the issuance of a license have been satisfied and further finds that the applicant is a person of good moral character as defined herein, and further finds that no grounds for revocation under Section 5.04.090 exist, and that the special requirements of Section 5.04.160 have been complied with, the license shall be issued immediately to the applicant. The clerk-treasurer must make a determination whether to issue the license within ten days from the date a completed application is submitted. If the clerk-treasurer refuses to act within this ten-day period, the applicant shall have the right to a hearing before the council at its next regular meeting on whether the license should be issued. (Ord. 800 (part), 1984: added during 1976 codification)

An applicant may apply for an annual license or a daily license where applicable, as provided in this chapter. In all cases where an annual license is allowed, it shall be valid for a one-year period based upon the fiscal year of July 1st through June 30th. In all cases where daily licenses are allowed, the licenses shall be valid for only one twenty-four-hour period, but the applicant may apply for and receive five daily licenses at one time. However, no daily license shall be issued more than seven days before the date for which the license is valid. All annual license fees shall be prorated on a quarterly basis from the date of purchase. All annual licenses shall expire on June 30th of each year. (Ord. 735, 1981: added during 1976 codification)

Upon receipt of an application for a license, the city clerk-treasurer shall forward it immediately to the chief of police, who shall conduct an investigation and submit a report concerning the truth of the facts stated in the application and a recommendation concerning whether or not a license should be issued. The city clerk-treasurer shall notify the local building inspector and the fire chief immediately, and they shall inspect the premises immediately to determine whether they meet the standards of the applicable municipal ordinances and state statutes. These officials shall submit reports of the results of their investigation. No license shall be issued until these reports have been submitted to the city clerk-treasurer and such reports shall be submitted within seven days after the city clerk-treasurer has received the application. (Added during 1976 codification)

After giving a licensee fifteen days’ notice and after a hearing, the clerk-treasurer may revoke any license issued under this chapter for the following reasons:
A. The licensee has made fraudulent statements in his application for the license or in the conduct of his business.
B. The licensee has violated this chapter or has otherwise conducted his business in an unlawful manner.
C. The licensee has conducted his business in such manner as to endanger the public welfare, health, safety, order or morals.
The notice shall be in writing and shall be served personally or as required for personal service by the Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for intended revocation. (Added during 1976 codification)

If the city clerk-treasurer revokes or refuses to issue a license, he shall endorse his reasons upon the application. The applicant 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 city clerk-treasurer by a majority vote of the council members present, if a quorum, and the city clerk-treasurer shall carry out the council’s decision. (Added during 1976 codification)

Revocation of a license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of revocation. (Added during 1976 codification)

Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee he has paid if he surrenders his license before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least one dollar of the original fee shall be retained by the city to cover administrative costs. (Added during 1976 codification)

In no case shall a license issued under this chapter be transferred to another person or be used for a purpose other than that for which it was issued. (Added during 1976 codification)

Every person who is issued a license under the provisions of this chapter shall display the license in a conspicuous place on the premises on which the business is being conducted. (Added during 1976 codification)

This chapter shall not be construed to require a license of each employee or agent of one engaged in the licensed occupation. Only the owner, manager or agent of such an occupation need possess a license. (Added during 1976 codification)

Every person who is granted a license under the terms of this chapter shall comply with the following regulations in Sections 5.04.170 through 5.04.280 that apply in this case. (Ord. 682, 1978)

A. An application for a bill-poster’s license shall contain a description of the boundaries of the areas of the city in which the distribution of bills is to be made. The license shall limit distribution of bills in the city to these areas.
B. Billposters shall not attach bills to any tree, pole, sidewalk, building or other structure.
C. Bills shall not be distributed in such a manner that they may be blown or scattered.
D. Bills larger than nine inches by twelve inches in size shall not be handed to persons on the sidewalks or streets or public property or attached to automobiles parked on any street, alley, or public property.
E. Billboards shall not be placed so as to obstruct the free use of the streets, alleys, or sidewalks. (Added during 1976 codification)

All dancehalls shall be closed between the hours of two a.m. and six a.m. on any weekday, and between the hours of two a.m. and one p.m. on Sunday, except that dancehalls shall close at midnight on Sunday. (Added during 1976 codification)

A. An application for a house-mover’s license shall describe the present location and the future site of the building or similar structure to be moved.
B. The applicant shall post with the city clerk-treasurer a penal bond in the sum of one thousand dollars with good and sufficient sureties approved by the city clerk-treasurer. The bond shall guarantee the licensee’s payment for any damage done to the city or to the public property in the course of moving the building or similar structure.
C. The applicant shall show evidence that he is insured for not less than twenty-five thousand dollars for personal injuries and ten thousand dollars for property damage. A penal bond for the same sum of money may be posted with the city clerk-treasurer in lieu of the insurance policy. The sureties on the bond shall be approved by the city clerk-treasurer and the bond shall guarantee the licensee’s payment for personal injuries or property damage caused by him or his agents or employees in the course of moving operations.
D. The applicant shall file with the city clerk-treasurer a routing plan approved by the chief of police. The chief of police shall approve the shortest route compatible with the greatest public convenience and safety.
E. At all times when a building or similar structure is in motion upon any street, alley, sidewalk, or public property, the licensee shall maintain flagmen at the closest intersections or other possible channels of traffic to the sides, behind, and ahead of the building or structure. At all times when the building or structure is at rest upon any street, alley, sidewalk, or public property the licensee shall maintain adequate warning signs or flares at the intersections or channels of traffic to the sides, behind, or ahead of the building or structure. (Added during 1976 codification)

A. Every junk dealer shall maintain a permanent record book that shows a description of each item received, the name and address of the person from whom it was received, the quantity or weight of each item, the amount paid, and the time and date of the transaction.
B. Every junk dealer shall segregate each day’s collection for a period of forty-eight hours. During this period no items shall be disposed of or altered in any manner.
C. A junk dealer shall not purchase or receive junk from a minor unless he first receives the written consent of the minor’s parent or guardian. Such consent shall be attached to the record book as a part of the permanent record.
D. The chief of police shall be permitted at all times to inspect the junk dealer’s premises for the existence of materials or conditions dangerous to the public health.
E. All junkyards shall be enclosed within a solid fence at least eight feet in height, which hides the contents of the yard from public view. Materials within the yard shall not be stacked higher than the surrounding fence. Any gates in said fence shall be of solid material and equal height. (Added during 1976 codification)

A. An application for a parade or public exhibit shall be made in writing to the city clerk-treasurer at least seventy-two hours in advance of the scheduled time of each parade or exhibit. Such application shall indicate the proposed size, makeup and route or location thereof.
B. Immediately upon receipt of that application the city clerk-treasurer shall forward it to the chief of police who shall make an investigation to determine if the proposed routing and movement of the parade or exhibit will unduly obstruct traffic or disrupt normal business and commerce. The chief of police shall then submit his report and recommendation to the city clerk-treasurer who shall issue a license only upon the chief of police’s recommendation.
C. Special events and special event promoters shall be governed exclusively by Chapter 5.26 of the Municipal Code as to a permit under this section. (Ord. 995 § 2 (part), 1998; added during 1976 codification)

A. Every pawnbroker shall maintain a permanent record book that shows a description of each item received, the name and address of the person from whom it was received, the quantity or weight of each item, a statement of the nature of the transaction, including the sum for which the item is security, the time and date of the transaction, and the disposition made of the item including the time and date of disposition.
B. A pawnbroker shall not purchase or receive any item from a minor unless he first receives the written consent of a parent or guardian of the minor. Such consent shall be attached to the record book as a part of the permanent record.
C. Any pawnbroker shall notify the city police immediately upon receipt of any item that he believes, or has reason to believe, is stolen property. Such an item shall not be disposed of or altered without written permission of the chief of police. (Added during 1976 codification)

A. No planting, trimming or removing of trees and shrubbery on any city-owned property shall be done by any person or persons unless he has been issued a license by the city clerk-treasurer, as provided in this chapter.
B. An application for a tree surgeon’s license shall show the qualifications of the applicant for the performance of work as a tree surgeon and the city clerk-treasurer may conduct such examination and inquiry into the experience of the applicant, as may be deemed necessary to establish the applicant’s qualifications.
C. Before a license can be issued the applicant must file with the city clerk-treasurer evidence that he has in force a public liability insurance policy written by a company authorized to transact business in the state for the principal sum of not less than twenty-five thousand dollars liability to any one person or fifty thousand dollars liability on account of any one accident and ten thousand dollars property damage. (Added during 1976 codification)

A. “Peddler” means one who sells tangible commodities house to house, store to store, or on the streets or in any public place; his sales are not made from one established spot, excepting where they are made in the street or other public place. Whether or not he collects at the same time is immaterial. “Peddler” shall not include one selling at retail farm or garden produce raised by such seller.
B. A peddler’s license shall not apply to educational or religious organizations.
C. An application for a peddler’s license shall contain a general description of the goods, wares, merchandise or other articles which are to be offered for sale within the city limits, and shall specify the times and places that these items will be offered for sale.
D. No peddler’s license shall be issued under the ordinance codified in this section until after the passage of two days from the time of filing the application therefor, to permit the city clerk-treasurer to complete processing thereof and not until after the filing of a bond as specified in subsection E of this section.
E. At the time of filing the application, and as a part thereof, the applicant shall file with the city clerk-treasurer, with sureties to be approved by the city clerk-treasurer in a penal sum two times the value of the goods, wares or merchandise to be sold or offered for sale, or the average inventory to be carried by such transient merchant engaged in or conducting an intermittent or temporary business, as the case may be as shown by the application, but in no event shall such bond be an amount less than five hundred dollars, running to the city of Decorah, for the use and benefit of any purchaser of any merchandise from such transient merchant or peddler who might have a cause of action of any nature arising from or out of such sale against the applicant, or the owner of such merchandise if other than the applicant; the bond to be further conditioned for the payment of any fines that may be assessed by any court against the applicant for violation of the city ordinances or state laws, and further conditioned for the payment and satisfaction of any and all causes of action against the applicant commenced within one year from the date of sale thereof, and arising from such sale; provided, however, that the aggregate liability of the surety for all such taxes, fines and causes of action shall in no event exceed the principal sum of such bond. In such bond, the applicant and surety shall appoint the city clerk-treasurer the agent of the applicant and surety for the service of process. In the event of such service, the agent, upon whom such service is made, shall within five days after the date of service, mail by ordinary mail a true copy of the process served upon the agent to each party for whom the agent is served, addressed to the last known address of such known party. Failure to so mail said copy shall not, however, affect the jurisdiction of the court. Such bond shall contain the consent of the applicant and surety that the district court of the county in which the plaintiff may reside shall have jurisdiction of all actions against the applicant or surety, or both, arising out of the sale. The city, or any person having a cause of action against the applicant or surety arising out of said sale, may join the applicant and surety on such bond in the same action, or may, in such action, sue either the applicant or surety alone. (Ord. 825 § 1, 1986)

A. An application for a permit to obstruct a public way shall describe the area and the city streets to be affected by the obstruction. In addition, the application shall describe in detail the purpose for the obstruction or blockage.
B. The applicant shall post with the city clerk-treasurer a penal bond in the sum of one thousand dollars with good and sufficient sureties approved by the city clerk-treasurer. The bond shall guarantee the licensee’s payment for any damage done to the city or to the public property in the course of the obstruction of the public way.
C. The applicant shall show evidence that he or she is insured for not less than fifty thousand dollars for personal injuries and twenty-five thousand dollars for property damage. The penal bond for the same sum of money may be posted with the city clerk-treasurer in lieu of the insurance policy. The sureties on the bond shall be approved by the city clerk-treasurer and the bond shall guarantee the licensee’s payment for personal injuries or property damage caused by him or his agents or employees in the course of the obstruction of the public way.
D. The applicant shall file with the city clerk-treasurer a plan, which shall be approved by the chief of police, wherein the applicant shall specify the following:
1. The dates and times that the public way shall be obstructed or blocked;
2. A diagram of the area affected by the obstruction or blockage of the public way with specific references to sidewalks, traffic, and parking lanes of city streets;
3. An alternative route for the free passage of pedestrians and motor vehicles on the public way, with a description of the safe guards to be used to protect the pedestrians from motor vehicle traffic in the area, such as barricades, fences, etc.
E. If the applicant fails to comply with the requirements of this section during the pendency of the obstruction of the public way, the permit issued under this shall be subject to revocation as specified in this chapter.
F. Special events and special event promoters shall be governed exclusively by Chapter 5.26 of the Municipal Code as to a permit under this section. (Ord. 995 § 2 (part), 1998; Ord. 689 (part), 1978)

The fees for licenses shall be as follows:
A. Billposters, two dollars per day or ten dollars per year;
D. Circuses, carnivals, twenty-five dollars per day;
E. Dancehalls, one dollar per day or twenty-five dollars per year;
F. Housemovers, five dollars per day;
G. Junk dealers, ten dollars per year;
H. Parades, one dollar per day;
I. Pawnbrokers, ten dollars per year;
J. Peddlers, two dollars per day or ten dollars per year;
L. Public amusements, two dollars per day or ten dollars per year;
O. Tree surgeon, five dollars per year;
P. Obstruction of public way, five dollars per permit. (Ord. 1108 § 1 (part), 2007; Ord. 829 § 5, 1986; Ord. 689 (part), 1978)

A permit must be obtained from the chief of police for an auctioneer or any other person to use any street, highway, avenue, alley, sidewalk, or other public place as the location for conducting a public sale. (Ord. 736, 1981)