[Adopted 10-19-2008 by Ord. No. 3383 (§ 12.116 of
the 1993 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Includes ice cream, ice cream products, snow cones, shaved
ice, or other frozen water products and other food products approved
for sale under this article.
Includes a wagon, pushcart, automobile, bicycle or other
vehicle or receptacle in, on, or from which ice cream products are
carried or sold.
Includes a person commonly referred to either as a "vendor" or "peddler," who goes from place to place or from house to house by traveling on the streets and carries with him goods, wares and merchandise for the purpose of selling or delivering them to consumers, or any person who has wares and merchandise of any description sent from place to place or from house to house by traveling on the streets for the purpose of selling and delivering goods to consumers, but excludes any person exempt from the provisions of Chapter 602, Transient Merchants, by the provisions of § 602-3.
The purpose of this article is to regulate and license the business
of ice cream vending or peddling to protect the public health, welfare
and safety.
It is unlawful for any vendor or peddler to sell, solicit, dispose
of or to offer for sale any ice cream products if a vehicle is involved
without first obtaining a vehicle license and/or a salesman's
license as appropriate.
[Amended 4-24-2014 by Ord. No. 3544]
Any person registered as a transient merchant in accordance with Chapter 602 of this Code is exempt from applying for and obtaining a license and from paying a license fee as required by this article; provided, however, that such registered transient merchant is required to comply with all other provisions of this article.
A vehicle license issued under this article shall entitle the
person named therein to engage in the business of selling ice cream
products for the term of one year, commencing on January 1 of the
year of its issuance and ending on December 31 of said year. Such
license shall not be assignable or transferable to any other person.
A salesman's license issued under this article shall entitle
the person named therein to sell ice cream products upon, in or from
a vehicle licensed under this article for the term of one year commencing
on January 1 of the year of its issuance and ending on December 31
of said year. Such salesman's license shall not be assignable
or transferable to any other person.
A.
Any person desiring a license for a vehicle to be used for peddling
ice cream products shall file with the City Clerk an original and
two copies of an application, under oath, in writing, on a form furnished
by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership, a corporation
or another entity, and, if another entity, a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office. (The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.)
(b)
In the case of another entity, the full names, residence addresses,
dates and places of birth of each person owning or having any interest,
either legal or equitable, aggregating in value 10% or more of the
total capital of said entity, the name and address of the registered
agent, if any, and the address of the principal office.
(6)
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime, and, if so, the name
of the person arrested or convicted, the date of arrest, the crime
or charge involved and the disposition thereof. The term "officers,"
as used herein, means and includes the president, vice presidents,
secretary and treasurer of a corporate applicant.
(7)
Name and permanent address of the owner of the vehicle as the same
is registered with the Wisconsin Department of Transportation.
(8)
Description of the vehicle, giving the name of the manufacturer,
serial number, motor number and the name of the person and any other
insignia appearing thereon.
(9)
Date of purchase of the vehicle and the name and address of the person
from whom acquired.
(10)
If the applicant is not the owner of the vehicle, the interest
of the applicant in the vehicle shall be stated.
(11)
If any person other than the applicant has any interest whatsoever
in the vehicle, the name, address and interest of each such person
shall be stated.
(12)
The names and addresses of salesmen who shall be upon said vehicle.
(13)
Names and addresses of persons from whom ice cream products
are to be purchased for the purpose of reselling in the applicant's
business.
A.
Any person desiring a license as a salesman to sell upon or from
any vehicle licensed under this article shall file with the City Clerk
an original and two copies of an application, under oath, in writing,
on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
A.
The fee for a vehicle license is set by resolution of the City Council
for each wagon, pushcart, automobile, bicycle or other vehicle or
receptacle in, upon or from which the ice cream products are carried
or sold.[1]
B.
The fee prescribed in Subsection A of this section entitles the licensee of the vehicle to one salesman's license without charge. The fee for each additional salesman's license shall be set by resolution of the City Council. In addition, all applicants must undergo a background check to include a criminal check and a check of the sex offender registry and will be subject to all fees associated with these checks in addition to the application fees.[2]
C.
The fee for any license prescribed under this section shall not be
prorated.
A.
Upon receipt of an application for a vehicle license or a salesman's
license, the City Clerk shall submit the same to the Police Department
and County Health Department for reports with reference to the compliance
or noncompliance of the application with municipal and state rules,
regulations, statutes and ordinances and the truth of the matters
contained in the application. Prior to making such determination,
the Police Department shall photograph and fingerprint the applicant.
B.
Upon return of said application and reports, the City Clerk shall
submit the same to the City Council for its consent and approval.
C.
Upon the consent and approval of the City Council, the City Clerk
shall issue such license.
Upon the issuance of a vehicle or salesman's license, the
City Clerk shall furnish the licensee with a sticker, decal or other
evidence corresponding to the number of the license and the year in
which issued. The sticker, decal or other evidence shall be displayed
at all times on a conspicuous part of the licensed vehicle or carried
upon the person of the salesman. The sticker, decal or other evidence
shall be exhibited, on demand, to any member of the Police Department
or County Health Department.
It is unlawful for any person not possessing either a vehicle
license or a salesman's license to be in or on any vehicle licensed
or required to be licensed under this article.
It is unlawful for any peddler of ice cream products to misrepresent
the character or quality of the merchandise offered for sale.
It is unlawful for any vendor of ice cream products to importune
or otherwise annoy any person for the purpose of effecting a sale.
In addition, it is unlawful for use of any sound amplifying device
or other loud noises to attract customers where such noise is heard
for an unreasonable period of time outside of an one-hundred-foot
radius of the source of the noise; except that, if § 346.94(16),
Wis. Stats., is applicable, such statute controls.
All ice cream products sold, disposed of or offered for sale
shall comply with all laws, ordinances and regulations relating to
food and food products.
All ice cream products shall be sold or offered for sale only
in original sealed containers or packaging. The filling of individual
containers with ice cream products in or from any vehicle from the
street, highway or other public place is hereby prohibited.
[Amended 6-28-2017 by Ord. No. 3636]
A.
It is
unlawful for any vendor to park any vehicle within the lines of any
public street, road, or other public place in the City for a period
longer than 15 minutes for the purpose of selling or offering for
sale ice cream products, except that vendors are allowed adjacent
to or within Lakeside Park. The term "park" shall be given the meaning
contained in Ch. 346, Wis. Stats.
(1)
Vendors
shall not park, stop, or operate a vehicle for the purpose of selling
or offering for sale ice cream products, nor shall any vendor permit
any person to park, stop, or operate a vehicle for the purpose of
selling or offering for sale ice cream products in a location adjacent
to or within a two-hundred-foot radius of the nearest edge of any
building or section of a building located in Lakeside Park that sells
food or beverages.
In addition to being subject to the penalties provided in § 356-30, any license issued under this article may be revoked or suspended by the City Council for any misstatement in the application or for violation of any of the provisions of this article, upon notice and hearing. Upon the suspension or revocation of any license, no part of the license fee shall be returned.
[Amended 4-24-2014 by Ord. No. 3544]
Any person who violates any provision of this article shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
