It shall be unlawful for any transient merchant or vehicular
food vendor to engage in sales within the City of Watertown without
being registered for that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic or patriotic person,
partnership, association or corporation, or one purporting to be such.
CLERK
The City Clerk of the City of Watertown, Wisconsin.
[Amended 7-5-2022 by Ord. No. 22-63]
COMMITTEE
The Site Plan Review Committee.
[Added by Ord. No. 05-27]
MERCHANDISE
Includes personal property of any kind, and shall include
merchandise, goods or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
PERMANENT MERCHANT
Any person who, for at least six months prior to the consideration
of the application of this chapter to said merchant:
A.
Has continuously operated an established place of business in
the local trade area among the communities bordering the place of
sale;
B.
Has continuously resided in the local trade area among the communities
bordering the place of sale and does business from his/her residence;
or
C.
Has shown an intent to establish a permanent presence within
the municipality (e.g., membership in the Watertown Area Chamber of
Commerce or Central Business Association).
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
at any place in this municipality temporarily, and who does not intend
to become and does not become a permanent merchant of such place.
For purposes of this chapter, "sale of merchandise" includes a sale
in which the personal services rendered upon or in connection with
the merchandise constitute 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.
VEHICULAR FOOD VENDOR
Any person engaged in the business of selling food products
from a vehicle, self-powered or motorized, on the public streets and
sidewalks of the City, including sales persons who use vehicles to
go from place to place or house to house for the purpose of soliciting
sales of food products for future delivery directly to the consumer.
This term shall not include those persons who deliver food products
to restaurants, grocery stores or similar distribution businesses
in the normal course of business, nor shall it include sales persons
who solicit sales, at wholesale, of food products to commercial or
institutional entities.
The following shall be exempt from all provisions of this chapter:
A. Any person delivering newspapers, fuel or dairy products on at least
a monthly frequency to regular customers on established routes.
B. Any person selling merchandise at wholesale to dealers in such merchandise.
C. Any person selling agricultural products which the person has grown
or raised in Jefferson or Dodge Counties, Wisconsin.
D. 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 Dodge or Jefferson County and who delivers such merchandise
in his regular course of business.
E. 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.
F. Any person who has had, or one who represents a company which has
had, a prior business transaction, such as a prior sale or credit
arrangement, with the prospective customer.
G. Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
H. 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.
I. Any employee, officer or agent of a charitable organization who engages
in direct sales for or on behalf of said organization, provided that
there is submitted to the City Clerk proof that such charitable organization
is registered under § 202.12, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered
under § 202.12, Wis. Stats., or which is exempt from that
statute's registration requirements, shall be required to register
under this chapter.
[Amended 7-5-2022 by Ord. No. 22-63]
J. Any person who claims to be a permanent merchant but against whom
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 six months, or purchased,
the premises from which he/she has conducted business in the market
area for at least six months prior to the date the complaint was made.
[Amended 7-5-2022 by Ord. No. 22-63]
K. Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
L. Transient merchants or vehicular food vendors while doing business
at special events authorized by the City Council or any commission,
committee or board thereof having the specific responsibility of authorizing
or regulating the special event.
[Amended 6-2-2015 by Ord.
No. 15-16]
M. Persons under 18 years of age who are residents of the City or surrounding
areas of Dodge or Jefferson County, Wisconsin.
[Amended by Ord. No. 98-22; 10-4-2016 by Ord. No.
16-18; 7-5-2022 by Ord. No. 22-63]
A. Applicants for registration must complete and return to the City
Clerk a registration form furnished by the City Clerk, which shall
require the following information:
(1) Name, permanent address and telephone number, and temporary address,
if any.
(2) Age, height, weight, and color of hair and eyes.
(3) Name, address and telephone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by, or whose merchandise is being sold.
(4) Temporary address and telephone number from which business will be
conducted, if any.
(5) Nature of business to be conducted and a brief description of the
merchandise and any services to be offered to the general public.
(6) Proposed methods of delivery of merchandise, if applicable.
(7) Make, year, model, color and license number of any vehicles to be
used by the applicant in the conduct of his/her business.
(8) Most recent cities, villages, towns, not to exceed three, where applicant
conducted his/her business.
(9) Place where applicant can be contacted for at least seven days after
leaving this City.
(10)
Statement as to whether applicant has been arrested or convicted
for any crime or ordinance violation within the last five years, and
the nature of the offense and the place of conviction.
(11)
If the transient merchant will be operating from a fixed location
within the City, the property owner's written permission shall be
obtained.
B. If the transient merchant will be operating from a fixed location
within the City, the applicant shall present to the City Clerk a site
plan of sufficient detail to allow the Site Review Committee to become
familiar with the layout of the operation and which demonstrates compliance
with all of the following:
(1) All display, parking, pedestrian movement and traffic circulation
associated with the activity shall be located on private property.
(2) All display, parking, pedestrian movement and traffic circulation
associated with the activity shall not be located on public sidewalks,
bike paths, public rights-of-way, or other public lands.
(3) All display, parking, pedestrian movement and traffic circulation
associated with the activity shall not be located within traffic visibility
triangles or within parking lot driveways, accessways, alleys or parking
lot driving aisles, or in a manner which otherwise creates a hazard.
(4) If located adjacent to any area in which motor vehicles are present,
the display area shall be separated from the vehicle circulation area
by a minimum of a forty-inch-high pedestrian barrier limited to a
single six-foot-wide access point, so as to make pedestrian movements
between the display area and vehicles predictable and limited to a
single point of contact.
(5) Lighting shall be limited to a maximum of one footcandle over ambient.
(6) No amplified sound systems are permitted within the display area.
C. Applicants shall present to the City Clerk for examination:
(1) A driver's license or some other proof of identity, containing a
photograph of the applicant, 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) A copy of any appropriate state license as may be required or an
inspection by the City Public Health Department if the applicant's
business is the sale of food items.
D. The applicant
shall sign a statement appointing the City Clerk as his/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 be served personally.
E. At the time the registration is returned, a fee as set by the Common
Council and provided under separate fee schedule shall be paid to
the City Clerk to cover the cost of processing said registration.
An applicant who is a member of a religious organization selling religious
literature shall be exempt from payment of the fee.
F. Upon compliance with this section and § 580-5, the City Clerk shall register the applicant as a transient merchant and date the entry. Said registration shall expire on the next June 30 after issuance, subject to subsequent refusal as provided in §
480-5C below.
[Amended 7-5-2022 by Ord. No. 22-63]
Any person refused or denied registration may appeal the denial through the appeal procedure provided by Chapter
10 of the City's Code, pertaining to administrative review, by filing a written request for such administrative review with the City Clerk within 10 days of the refusal or denial of the registration. The City Clerk shall immediately transmit said appeal to the Licensing Board of the Common Council, which shall then fix a reasonable time for the hearing of the appeal and give public notice thereof to the parties in interest and determine the same within 30 days of the date of notice to the persons or parties interested, as more specifically enumerated in Chapter
10 of this Code.
[Amended 7-5-2022 by Ord. No. 22-63]
The Chief of Police shall report to the City Clerk all convictions
for violation of this chapter, and the City Clerk shall note any such
violation on the record of the registrant convicted.
Any person adjudged in violation of any provision of this chapter
shall forfeit not less than $50 nor more than $1,000 per day for each
violation plus costs of prosecution. Each violation shall constitute
a separate offense.