[10-4-2005; 2016 Code]
In this chapter:
Means any transient merchant who goes from house to house
or from place to place to solicit orders for sales of merchandise
for future delivery or for services to be performed in the future.
Means any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation.
Means a transient merchant who distributes, sells or offers
for sale perishable agricultural products.
Means any transient merchant who goes from house to house
or from place to place transporting merchandise or offering merchandise
for sale.
Means any person who, for at least one year before the consideration
of the application of this chapter to said person, a) has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale, or b) has continuously
resided in the local trade area among the communities bordering the
place of sale and does business from his or her residence.
Means a transient merchant who on public property offers
merchandise for sale from a vehicle, temporary booth, or other temporary
location or by stopping any vehicle or pedestrian.
Means any individual who engages in the retail sale of merchandise
at any place in this state and who does not intend to become and does
not become a permanent merchant of such place. For purposes of this
section, sale of merchandise includes a sale in which the personal
services provided upon or with the merchandise constitutes the greatest
part of value for the price received, but does not include a farm
auction sale conducted by or for a resident farmer of personal property
used on the farm.
[10-4-2005; 2016 Code]
(A)
This chapter shall not apply to the following:
(1)
Any person delivering newspaper, fuel, dairy products or bakery
goods to regular customers on established routes.
(2)
Any person selling merchandise at wholesale to dealers in such
merchandise.
(3)
Any permanent merchant or employee thereof who takes orders
at the home of the buyer for merchandise regularly offered for sale
by such merchant within the city and who delivers such merchandise
in his or her regular course of business.
(4)
Any person who has an established place of business where the
merchandise being sold is offered for sale on a regular basis, and
in which the buyer has initiated contact with, and specifically requested,
a home visit by said person.
(5)
Any veteran who holds a special state license issued under section
440.51 of the Wisconsin statutes.
(6)
Any person selling or offering for sale a service unconnected
with the sale or offering for sale of merchandise.
(7)
Any person holding a sale required by statute or by order of
any court and any person conducting a bona fide auction sale pursuant
to law.
(8)
Any person who claims to be a permanent merchant, but against
whom a complaint has been made to the city clerk that such person
is a transient merchant; provided, that there is submitted to the
city clerk proof that such person has leased for at least one year,
or purchased, the premises from which he or she has conducted business
in the market area for at least one year before the date the complaint
was made.
(9)
Any person licensed by an examining board as defined in section
15.01(7) of the Wisconsin statutes.
(10)
Any transient merchant operating within the area designated
for a special event with authority of the sponsor of such special
event.
(B)
(1)
Any farm products vendor.
(2)
Any person operating solely on private property who has obtained
the consent of the owner of such property before commencing operations.
(3)
Any employee, officer or agent of a charitable organization
who engages in direct sales for or on behalf of said organization,
so long as:
A)
There is submitted to the city clerk proof that such charitable
organization is registered under section 440.42 of the Wisconsin statutes
or that such charitable organization is exempt from that statute's
registration requirements, and
B)
Such charitable organization does not operate as a street vendor.
[10-4-2005; 2016 Code]
No transient merchant shall engage in sales within the city
without having first obtained a permit under this chapter.
[10-4-2005; 2016 Code]
(A)
Every transient merchant shall complete and file a written, sworn
application for a permit on forms provided by the city clerk. The
application shall be filed with the city clerk.
(B)
The permit fee set by the council shall be paid to the city clerk
when the application is submitted.
(C)
The application shall contain the following information:
(1)
Name, permanent address and telephone number, and temporary
address, if any of the applicant.
(2)
Age, height, weight, color of hair and eyes of the applicant.
(3)
A statement as to whether any individual for which information
is provided has been convicted of any crime or code violation related
to applicant's transient merchant business within the last five
years, and the nature of the offense and the place of conviction.
(4)
The name, address and telephone number of the person, firm,
association, or corporation that the applicant represents or is employed
by, or whose merchandise is being sold.
(5)
The temporary address and telephone number from which business
will be conducted, if any.
(6)
The nature of business to be conducted and a brief description
of the merchandise, and any services offered.
(7)
The proposed methods of delivery of merchandise, if applicable.
(8)
The make, model and license number of any vehicle to be used
by applicant in the conduct of his or her business.
(9)
The three most recent cities, villages, towns, where applicant
conducted his or her business.
(10)
The place where applicant can be contacted for at least seven
days after leaving this city.
(D)
Applicants shall present to the clerk for examination:
(1)
A driver's license or some other proof of identity as may
be reasonably required.
(2)
A State certificate of examination and approval from the sealer
of weights and measures where applicant's business requires use
of weighing and measuring devices approved by state authorities.
(3)
Where applicant's business involves the handling of food
or clothing and the applicant shall be certified under state law,
a proper certificate from the state agency having authority to issue
such certificates. A certificate that does not purport to cover the
applicant's proposed operations within the city shall not be
considered by the clerk.
(E)
The applicant shall sign a statement agreeing to indemnify and save
harmless the city against all liabilities, claims, demands, and losses,
including costs, expenses, and reasonable attorney fees, for injury
or death of any individual or loss or damages to the property of any
person arising from any activity undertaken pursuant to a permit issued
under this chapter.
(F)
The applicant shall sign a statement acknowledging that he or she has read subsection 3-7-6(J), and that he or she understands the permit issued under this section is suspended during the term of all special events in the area designated for such special events.
(G)
The applicant shall sign a statement appointing the city clerk or
his or her agent to accept service of process in any civil action
brought against the applicant arising out of any sale or service performed
by the applicant in connection with the direct sales activities of
the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
[10-4-2005; 2016 Code]
(A)
All applicants for permits under this section, except peddlers and
canvassers, shall provide the city clerk with a certificate of insurance
showing the applicant has insurance coverage for all liabilities and
obligations that may result from the activities undertaken pursuant
to the permit. Such coverage shall include:
(B)
The certificate of insurance shall provide that the insurance company
shall furnish the city with a 10 day written notice of cancellation,
nonrenewal or material change.
(C)
The insurance company issuing the certificate of insurance shall
be licensed in Wisconsin and shall be approved by the city.
(D)
The insurance shall be written in comprehensive form and shall protect
the applicant and city against all claims arising from injuries to
members of the public or damages to property of others arising out
of any act or omission of the applicant, its employees, agents, contractors
or subcontractors.
(E)
The policy of insurance shall provide minimum combined single limits
for bodily injury and property damages of $1,000,000.00, and such
other coverage as is required by the city clerk.
[10-4-2005; 2016 Code]
(B)
Upon receipt of a complete application, the city clerk shall refer
such application to the chief of police for investigation, such referral
shall take place within 72 hours after the city clerk receives the
application.
(C)
The chief of police shall immediately investigate the statements
made in the application and such investigation of the applicant's
background as he or she considers necessary for the protection of
the public good.
(D)
If the chief of police determines from the investigation that the
applicant's background demonstrates no danger to the safety of
the public, the chief of police shall endorse his or her approval
on the application and return the application to the city clerk. The
city clerk shall, upon payment of the prescribed fee, deliver a permit
to the applicant.
(E)
If the chief of police determines from the investigation that the
applicant's background demonstrates potential danger to the public,
the chief of police shall endorse his or her disapproval on the application
and his or her reasons for such disapproval. The chief of police shall
then return the application to the city clerk. The city clerk shall
notify the applicant that his or her application is disapproved and
that no permit will be issued.
(F)
In determining whether the applicant's background demonstrates
potential danger to the public, the chief of police shall consider
the following:
(1)
The application contains any material omission or materially
inaccurate statement.
(2)
Complaints of a material nature have been received against the
applicant by authorities in one or more of the three most recent cities,
villages and towns in which the applicant conducted similar business.
(3)
The applicant was convicted of a crime, statutory violation
or municipal code violation within the last five years, the nature
of which is directly related to the applicant's fitness to engage
in the activities for which the permit is sought.
(4)
Any other factor which the chief of police determines is relevant
to the proposed activities of the applicant.
(G)
The chief of police shall return the approved or disapproved application
to the city clerk within a reasonable time from the receipt of the
application by the chief of police.
(H)
After approval by the chief of police, and upon payment of all fees
and the signing of all statements required under this chapter, the
city clerk shall issue a permit to the applicant as a transient merchant
and note the effective dates of the permit.
(I)
Each permit issued pursuant to this chapter shall contain the following:
(1)
The signature of the city clerk.
(2)
The name and address of each individual authorized to operate
pursuant to the permit.
(3)
The type of permit issued.
(4)
The kind of merchandise to be sold or offered for sale.
(5)
The amount of fee paid.
(6)
The effective dates of the permit.
(7)
The permit number.
(8)
An identifying description of any vehicle to be used in such
business, including the license number of such vehicle.
(9)
A notice that the permit is suspended during a special event
in the area allocated to such special event.
(J)
No permit shall be issued, assigned, or otherwise transferred to
any person other than the original applicant. No permit shall be used
at any time by any person other than the one to whom it is issued.
The city clerk shall keep a permanent record of all permits issued.
(K)
All permits issued pursuant to this chapter are suspended during
a special event in the area designated for such special event.
(L)
All permits issued under this chapter shall expire not more than
one year after date of issuance.
[10-4-2005; 2016 Code]
(A)
The fee for issuance of permits under this chapter shall be established
from time to time by resolution of the council.
(B)
No permit fee shall be required of any person who operates for a
charitable organization or a religious youth school, or other related
purpose, unless such person operates as a street vendor.
(1)
Each organization desiring exemption pursuant to this section
shall file a sworn application in writing on a form to be furnished
by the city clerk, which shall include the following information:
A)
Name and purpose of the cause for which permit is sought.
B)
Name and addresses of the officers and directors of the organization.
C)
Period during which solicitation will be carried on.
D)
Whether or not any commission, fees, wages or emoluments are
to be expended in connection with such solicitations, and the amount
thereof.
(2)
Upon being satisfied that such organization meets the requirements
of this section, the city clerk shall issue a permit pursuant to this
chapter without charge. Such organization shall furnish all of its
members, agents or representatives conducting solicitation with written
credentials stating the name of the organization, name of agent and
purpose of solicitation.
[10-4-2005; 2016 Code]
(A)
No transient merchant shall:
(1)
Call at any dwelling or other place between the hours of 9:00
PM and 8:00 AM except by appointment.
(2)
Call at any dwelling or other place where a sign is displayed
bearing the words "no peddlers," "no solicitors" or words of similar
meaning.
(3)
Call at the rear door of any dwelling place.
(4)
Remain on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
(5)
Misrepresent or make false, deceptive or misleading statements
concerning the quality, quantity, or characteristics of his or her
merchandise offered for sale, the purpose of his or her visit, his
or her identity or the identity of the organization he or she represents.
(6)
Impede or interfere with the free use of sidewalks and streets
by pedestrians and vehicles.
(7)
Make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a 100 foot radius of the source, except in compliance with a permit issued under section 9-4-20 of this code.
(8)
Allow rubbish or litter to accumulate in or around the area
in which he or she is conducting business.
(9)
Permit equipment or displays to be located in the following
areas:
A)
Within a 10 foot radius of a fire hydrant.
B)
Within a five foot radius of a standpipe.
C)
Within five feet of a bus or taxi stop.
D)
Within 10 feet of a marked crosswalk.
E)
Within four feet of any building unless permission has first
been obtained from the person having legal control of such building.
F)
Within 2 1/2 feet of a parking meter.
G)
Within five feet of any handicapped parking space.
(10)
Permit ropes or other equipment to be attached to any bench,
flower planter, tree, light pole, utility pole or trash receptacle
for display of merchandise.
(11)
Permit any bench, flower planter, tree, light pole, utility
pole or trash receptacle to be used for the display of goods or advertising
materials.
(12)
Permit any part of the operations of the transient merchant
to interfere with the free flow of pedestrian, or vehicle traffic.
(13)
Permit merchandise, or by-products thereof, sold by the transient
merchant to be deposited on any street, sidewalk or other place within
the city.
(14)
Operate in violation of any condition or restriction placed
upon any permit issued pursuant to this chapter, including conditions
or restrictions established during a special event.
(B)
Street vendors shall be entitled to sell from or conduct business
on public streets, sidewalks, and other public property to the extent
set forth in the street vendor's permit. No other transient merchant
shall sell from or conduct business on public sidewalks, streets,
or other property.
(C)
Every transient merchant shall observe all traffic and parking regulations.
(D)
Each transient merchant shall exhibit any permit required by this
chapter at the request of any police officer or citizen.
(E)
No street vendor shall:
(1)
Operate within 200 feet from any other street vendor. In the
event of conflict between two or more street vendors wishing to locate
in the same vicinity, the city clerk is hereby authorized to establish
a procedure for allocating locations by means which assure fair and
equitable access to such locations by competing street vendors.
(2)
Operate within 20 feet of any portion of the front of any building
in which a permanent merchant sells merchandise of the same or similar
nature, unless the street vendor has obtained the prior written consent
of the permanent merchant for such operation.
(3)
Permit equipment, goods or advertising materials to be stored
on any street, sidewalk, alley or other public place when no individual
is present on behalf of the transient merchant or when vending is
not permitted.
(4)
Operate without at least one individual listed on the permit
issued under this chapter present at all times.
(5)
Operate in any city park without the written permission of the
board of park and recreation commissioners. Any street vendor operating
in any city park shall comply with all conditions of operation established
by the board of park and recreation commissioners.
(F)
Except pursuant to a special event permit issued by the city, it
shall be unlawful for a farm products vendor to operate at any place
or location within the city except those corners of the intersection
of 15th Street and 16th Avenue owned and controlled by the city and
designated for sale of agricultural products, or in such areas as
otherwise set by resolution of the council.
(G)
Every street vendor shall:
(1)
Maintain a minimum pedestrian walkway of five feet on any sidewalk.
(2)
Remove all equipment, including carts, tables, apparatus and
goods, from the streets, sidewalks, alleys or other public places
during times when the vendor is not operating.
(3)
Comply with all licensing and inspection requirements of the
state of Wisconsin.
(H)
Any transient merchant required to provide a certificate under section 3-7-4(D) of this chapter shall carry and display such certificate at all times while operating in the city, and shall keep such certificate current at all such times.
(I)
Except pursuant to a special event permit issued by the city, no
farm products vendor shall operate at any location within the city
except those corners of the intersection of 15th Street and 16th Avenue
owned and controlled by the city and designated for sale of agricultural
products, or in such areas as otherwise set by resolution of the council.
[10-4-2005; 2016 Code]
(A)
The city police may require any transient merchant to produce his
or her permit for inspection.
(B)
If any transient merchant does not have a permit, the police may
direct the transient merchant to stop operations, and may issue a
citation to the violator or violators.
(C)
If any transient merchant has a permit, but is in violation of the
terms of his or her permit, the police may require the transient merchant
to correct the violation. The police may issue a citation to the violator.
If the transient merchant is unwilling or unable to immediately correct
the violation, the police may direct the transient merchant to stop
operations, and may issue a citation to the violator.
(D)
The chief of police shall report all convictions resulting from violations
of this section to the city clerk. The city clerk shall maintain a
record of each permit issued and each report of violation.
[10-4-2005; 2016 Code]
Any person refused or denied a permit under this chapter may appeal the denial through the appeal procedure provided in chapter 5 of title 3 of this code.
[10-4-2005; 2016 Code]
Upon conviction for a violation of this chapter the following
penalties shall apply:
(A)
Any person who violates this chapter shall upon conviction be subject
to a Class 1 forfeiture. Each day's or partial day's violation
of any provision of this chapter shall constitute a separate offense.
(B)
In addition to other penalties provided in this section, a transient
merchant may have his or her permit suspended or revoked.
(C)
Grounds for revocation or suspension. The following shall be grounds
for revocation or suspension of a permit:
(1)
The applicant made any material omission or materially inaccurate
statements in the application for permit.
(2)
The transient merchant made any fraudulent, false, deceptive
or misleading statement or representation in the course of engaging
in transient sales.
(3)
The transient merchant violated any provision of this chapter
or was convicted of any crime, municipal code or statutory violation
which is directly related to the transient merchant's fitness
to engage in selling.
(4)
Failure to hold a required license or permit from the state
of Wisconsin.
(5)
Conducting business in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
(D)
No part of the permit fee for a permit which has been revoked or
suspended under this section shall be refunded.
[10-4-2005; 2016 Code]
The provisions of this chapter are declared to be severable.
If any section, sentence, clause or phrase of this chapter is held
to be invalid or unconstitutional, such decision shall not affect
the validity or effect of the remaining sections, sentences, clauses
and phrases of this chapter. It is the intent of the council that
this chapter shall stand notwithstanding the invalidity of any part.
