[HISTORY: Adopted by the Common Council of the City of Muskego 12-3-2009 by Ord. No.
1308 (§ 12.03 of the 1964 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 219.
A.
This chapter is intended to protect against criminal activity, including
fraud and burglary, to minimize the unwelcome disturbance of citizens
and the disruption of privacy and to otherwise preserve the public
health, safety and welfare by regulating, controlling and licensing
door-to door solicitors and peddlers as well as other transient merchant
trade.
B.
The regulations contained in this chapter are not intended to regulate
speech by any person but merely regulate the activities of those individuals
selling or offering for sale merchandise or requesting contributions
for a charitable purpose.
As used in this chapter, the following terms shall have the
meanings indicated:
Any benevolent, philanthropic, patriotic, social service,
welfare, educational, civic, cultural, religious (when soliciting),
or fraternal person, partnership, association or corporation.
Includes alms, food, clothing, money, property, financial
assistance or other thing of value. A contribution, as defined herein,
shall also include a sale of or offer to sell any book, card, magazine,
membership, merchandise, subscription, ticket or other thing in connection
with which an appeal is made of any charitable purpose.
A person who goes from place to place within the City offering
for sale property which he/she carries.
An event during which numerous independent persons, businesses
or firms are gathered together within a specific area to offer various
types of goods for sale to the general public. A sales event includes
one-time events as well as events held on a periodic basis. "Sales
event" shall include events organized by a local sponsor and held
on a regular basis if the event involves any independent seller or
dealer who does not attend and sell at every event. Events which typically
will be defined as "sales events" include, but are not limited to,
flea markets, craft fairs and any other events in which various independent
exhibitors offer a variety of goods for sale.
Includes any one or more of the following:
Selling or offering for sale or taking or attempting to take
orders for the sale of goods or services of any kind.
Selling or offering for sale or taking or attempting to take
orders for books, magazines, periodicals, newspapers and every other
type or kind of publication.
Requesting contributions, directly or indirectly, on the plea
or representation that such contributions will be used for a charitable
or religious purpose.
A person who temporarily engages in the retail sale of merchandise
at a fixed location in the City.
No license shall be required by the City of Muskego as provided
by this chapter of the following persons or categories of persons.
All other provisions of this chapter must be complied with.
A.
Persons selling personal property at wholesale to dealers in such
articles.
B.
Children under 18 years of age who are residents of the City.
C.
Persons delivering to regular customers on established routes.
D.
Waukesha County residents, farmers or truck gardeners offering to
sell products of the farm or garden occupied and cultivated by them.
E.
Sales required by statute or order of the court.
F.
Bona fide auction sales conducted pursuant to law.
G.
Any church, fraternal or civic organization whose principal location
is within the City limits of Muskego, including the Muskego Community
Festival.
H.
Any person exempt by § 440.51, Wis. Stats. (statewide license
for ex-soldiers).
I.
Religious organizations. The exemption does not pertain to a religious
organization that is soliciting.
J.
Political organizations.
[Amended 2-17-2021 by Ord. No. 1456]
A written application for a license under this chapter shall be filed with the City Clerk-Treasurer on a form provided by the Clerk-Treasurer's office. The form shall require the necessary information from the applicant that the Police Department shall need for the effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse. Applicants shall present a valid driver's license at the time the application is submitted or some other proof of identity as may be reasonably required. Any sales to be conducted on property governed by the Public Works and Development Department must comply with Chapter 259 of the City Code.
A.
Peddlers and solicitors. The applicant who is the prospective licensee must obtain a license in his/her own name. The prospective licensee must further obtain a permit for each individual person peddling or soliciting. The prospective licensee and each person peddling or soliciting under the licensee are required to remit fees as set forth in § 267-5.
B.
Transient merchants. The applicant who is the prospective licensee must obtain a license in his/her own name. The prospective licensee is required to remit fees as set forth in § 267-5. Applicants for a transient merchant license must contact the Public Works and Development Department to determine if review and approval is needed by the Plan Commission. The Clerk-Treasurer will not issue the license until such approval is obtained.
A.
Every applicant for a license under this chapter shall pay a daily
fee or the annual fee as set by a resolution approved by the Common
Council.
B.
The annual fee shall be assessed on a calendar year basis. On or
after July 1, the amount of the annual fee for a license shall be
1/2 of the amount for the remainder of the year except for an application
for a transient merchant. The annual fee established for a transient
merchant license shall be the same no matter when the application
is submitted or how long the licensee operates.
C.
An investigation fee for each prospective peddler, solicitor or transient
merchant shall be paid at the time the application is submitted. The
fee charged shall be set by a resolution approved by the Common Council.
[Amended 2-17-2021 by Ord. No. 1456]
Any organization defined as a charitable organization shall
file a written application with the City Clerk-Treasurer on a form
provided by the Clerk-Treasurer's office. The form shall require the
necessary information from the applicant that the Police Department
shall need for the effective enforcement of this chapter and safeguarding
of the residents of the City from fraud, misconduct or abuse.
A.
Charitable organizations are exempt from payment of the license fee,
except for the investigation fee for each representative of the organization.
The fee charged shall be based on the actual costs associated with
the investigation and is nonrefundable.
B.
Proof of tax-exempt status must be furnished to the City Clerk-Treasurer.
[Amended 6-26-2018 by Ord. No. 1418; 9-24-2019 by Ord. No. 1434]
A.
Upon receipt of each application, it shall be referred to the Chief of Police who shall promptly consider the application and respond per the standards of Subsection B within 72 hours.
B.
The Police Chief shall approve the application unless:
(1)
The application contains any material omission or materially inaccurate
statement.
(2)
Within the last five years, the applicant has been convicted of a
felony, misdemeanor, or ordinance violation involving offenses relating
to burglary, theft, possession of stolen property, other crimes related
to property or any offenses related to crimes against life and bodily
security, public health and safety, sexual morality, children, and
the public peace or any offense which relates to the fitness to engage
in direct selling, solicitation or transient merchandising.
C.
If the Chief of Police finds the application cannot be approved per the standards of Subsection B, the Chief shall state, in writing, his reasons for doing so, including a statement of how the circumstances of the offense relate to the particular licensed activity, and return said application to the City Clerk-Treasurer, who shall notify the applicant that the application is disapproved and that no license will be issued. In this event, the applicant shall be given an opportunity to appeal before the Finance Committee to show evidence of rehabilitation and fitness to engage in the licensed activity. The Finance Committee shall consider the factors stated in Wis. Stats. § 111.335(4)(d) in making its determination regarding evidence of rehabilitation and fitness to engage in the licensed activity.
[Amended 2-17-2021 by Ord. No. 1456]
D.
If the Chief of Police finds the application must be approved per the standards of Subsection B, the Chief shall endorse approval on the application and return the application to the City Clerk-Treasurer, who shall issue the license. Such license shall contain the signature of the issuing officer and shall show the name of said licensee, the type of license issued, the license fee paid, the date of issuance and expiration. Each peddler, solicitor or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The Clerk-Treasurer shall keep a record of all licenses issued.
No licensee, nor any person in his behalf, shall shout, cry
out, blow a horn, ring a bell or use any sound-amplifying device upon
any of the streets, alleys, parks or other public places of the City,
or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places, for the purpose
of attracting attention to any goods, wares or merchandise which such
licensee proposes to sell.
No licensee shall have any exclusive right to any location in
the public streets, nor shall he/she be permitted a stationary location
thereon, or be permitted to operate in a congested area where such
operation might impede or inconvenience the public use of such streets.
The judgment of a police officer, exercised in good faith, shall be
conclusive as to whether the area is congested and the public impeded
or inconvenienced.
Licensees are required to exhibit their certificate of license
at the request of any citizen. Any person licensed herein, upon the
demand of any police officer, shall exhibit his/her license and certify
that he/she is the person named therein.
A licensed or exempt peddler or solicitor shall be prohibited
from calling at any dwelling or other places between the hours of
8:00 p.m. and 9:00 a.m. except by appointment; calling at any dwelling
or other place where a sign is displayed bearing the words "No Peddlers,"
"No Solicitors" or words of similar meaning; calling at the rear door
of any dwelling place; or remaining on any premises after being asked
to leave by the owner, occupant or other person having authority over
such premises.
The City police shall require any person seen peddling or soliciting,
and who is not known by such officer to be duly licensed, to produce
his/her license and shall enforce the provisions of this chapter against
any person found to be violating the same.
The Police Department shall report to the City Clerk-Treasurer
all convictions for violation of this chapter, and the City Clerk-Treasurer
shall maintain a record for each license issued and record the reports
of violation therein.
A.
Licenses issued under this chapter may be revoked by the Common Council,
after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation, or incorrect statement contained in the
application for license.
(2)
Fraud, misrepresentation or incorrect statement made in the course
of carrying on business as a solicitor, peddler, or transient merchant.
(3)
Any violation of this section.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting business as a peddler, solicitor, or transient merchant,
as the case may be, 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.
B.
Notice of the hearing for revocation of a license shall be given
by the City Clerk-Treasurer, in writing, setting forth specifically
the grounds of complaint and time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee's last known address
at least five days prior to the date set for hearing, or shall be
delivered by a police officer in the same manner as a summons at least
three days prior to the date set for hearing.
Any person aggrieved by the action of the police or the City Clerk-Treasurer in the denial of a permit or license as provided in § 267-7 may appeal to the Common Council. Such appeal shall be taken by filing with the Common Council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Common Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 267-14 for notice of hearing on revocation.
No licensee whose license has been revoked shall make further
application until at least six months have elapsed since the last
previous revocation.
All annual licenses issued under this chapter shall expire at
12:00 midnight on December 31. Other than annual licenses shall expire
at 12:00 midnight on the date specified on the license.
[Amended 2-17-2021 by Ord. No. 1456]
The individual exhibitors involved in a sales event, as defined in § 267-2, shall not be required to obtain individual licenses as provided in this chapter; provided, however, that the following conditions are complied with:
A.
The person organizing the event, or an agent if the event is being
organized by a corporation, shall obtain a sales event license from
the City Clerk-Treasurer of the City of Muskego.
B.
In order to obtain a sales event license, the applicant must file
a written application with the City Clerk-Treasurer on a form to be
furnished by the City Clerk-Treasurer. The form shall require the
necessary information that the Police Department shall need for effective
enforcement of this chapter and safeguarding of the residents of the
City from fraud, misconduct or abuse.
C.
The applicant must obtain a separate license for each day that the
sales event takes place.
D.
Upon receipt of the application, the application shall be referred to the Chief of Police for investigation pursuant to § 267-7.
E.
The applicant for a sales event licensee shall pay a daily fee for
each day that the sales event takes place as set by a resolution approved
by the Common Council.
[Added 5-24-2022 by Ord. No. 1474[1]]
A.
MOBILE FOOD VEHICLE
MOBILE FOOD VEHICLE VENDOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A motorized vehicle, including those on water (hereinafter
referred to as a "food truck" and/or "mobile food vehicle"), which
may temporarily park in an area designated by this section and engage
in the service, sale, or distribution of ready-to-eat food for individual
portion service to the general public directly from the vehicle upon
issuance of a vendor vehicle permit by the City Clerk and conformance
with the regulations established by this section. Mobile food vehicles
include pushcarts, trailers, bicycles, flotation apparatuses, and
all other devices which may be used for keeping, storing, or warming
food or beverages for sale by a mobile food vehicle vendor and which
may or may not be moved with the assistance of a motor.
The registered owner of a mobile food vehicle or the owner's
agent or employee is referred to in this section as "vendor."
B.
Purpose and authority.
(1)
The purpose of this section is to regulate mobile food vending activities
in order to protect public health, safety, and welfare, while accommodating
commercial uses that generally promote an active and social pedestrian
environment within appropriate areas of the City of Muskego. This
section is also written with specific consideration given to the continued
successful operation of existing brick-and-mortar restaurant establishments
in recognition of the investments they make and tax revenue they generate
within Muskego. The overall goal of this section is to provide a business
climate in Muskego that offers fair opportunities for both mobile
food vending operations and permanent restaurants in order to provide
residents and visitors with a variety of food options and a vibrant
food scene in our community.
(2)
The Common Council carries out these purposes under its legislative
authority and police power under § 62.11(5), Wis. Stats.,
to regulate and license to protect the public's health, safety,
and welfare.
C.
Scope. This section shall apply to all mobile food vehicles in the
City of Muskego, regardless of whether mobile food establishments
currently exist or are permitted before the adoption of this section.
D.
Exemptions. The provisions of this section shall not apply to the
following:
(1)
Those transacting business entirely inside a store building;
(2)
Those who operate a permanent business establishment that place items
sold at such operator's business establishment outside of their
business for which Plan Commission approval is required;
(3)
Those who operate home delivery conveyance of grocery stores, restaurants,
dairies and/or bakeries;
(4)
Any person selling agricultural food products which such person has
grown so long as there is no on-site food preparation and said person
is licensed with the appropriate state or local agency;
(5)
Any person selling goods at a farmers market/flea market, on premises
under the control of the farmers market/flea market organizers, so
long as said person is licensed with the Waukesha County Health Department.
Any events occurring more than one time in a calendar year shall require
Plan Commission approval;
(6)
Any person with a food stand/unit at a festival, with permission
from festival organizers, on premises under the control of festival
organizers;
(7)
Any nonprofit organization that conducts such business as part of
the nonprofit's fundraising activities or endeavors at occasional
times;
(8)
A City resident under the age of 18 selling water, soda, shaved ice,
or similar beverage only at occasional times from a stand on private
property or within a park with the permission of the Muskego Recreation
Department.
E.
Permit required. It shall be unlawful for any person to do any of
the following within a public right-of-way or on public property in
the City of Muskego without first having obtained a valid vendor vehicle
permit as prescribed in this section:
F.
Permit application.
(1)
Any person desiring to operate a mobile food vehicle will make written
application for a vendor vehicle permit to the City Clerk's office.
The application for such permit shall be on forms provided by the
City Clerk's office and will include all of the following:
(a)
The name, signature, and address of each applicant and of each
member or officer of a corporate applicant.
(b)
Vehicle registration and a description, including make, model,
vehicle identification number (VIN), and license plate of the mobile
food vehicle.
(c)
A valid copy of all necessary licenses, permits or certificates
required by the County of Waukesha, the State of Wisconsin, or any
subsidiary enforcement agencies or departments thereof, including
but not limited to valid proof of registration for the vehicle and
driver's licenses for all operators.
(d)
The location(s) in which the mobile food vehicle intends to
operate within the City limits.
(e)
Any additional information deemed necessary by the City Clerk
to determine if issuance of a mobile food vending permit would be
in the best interest of the public.
(2)
Upon receipt of an application for a vendor vehicle permit, the Clerk
may conduct a background check and may refer to the Chief of Police,
or his or her designee, who may make and complete an investigation
of the statements made in such application. Any such investigation
will be completed as soon as practicable. The City Clerk may refuse
to issue a permit if any of the following is determined:
(a)
The application contains any material omission or materially
inaccurate statement.
(b)
The applicant is not eligible to have the vendor vehicle permit
under the provisions of § 111.321 et seq., Wis. Stats.,
or any other applicable Wisconsin statute(s) or laws.
(c)
The applicant was convicted of a crime, statutory or ordinance
violation within the last five years, the nature of which is directly
related to the applicant's fitness to engage in direct selling
or is a violation pertinent to the safety of citizens, including,
or of a similar nature to, fraud, burglary, robbery, theft, assault
and sexual assault.
(e)
The applicant fails to sign a mobile food vendor permit and
hold harmless agreement provided by the City.
(3)
At the time the application forms are turned in, a fee to cover the
cost of processing the registration, as well as the required annual
license fee, shall be paid to the Clerk in an amount as established
by the Common Council.
(4)
The City Clerk shall issue or deny the permit, in his or her sole discretion, based on the foregoing conditions. In the event of denial, said determination shall be in writing and notice will be provided via in-person or by first-class mail or email to the addresses listed on the application. An applicant who is denied a permit may have said determination reviewed by the Common Council. In such an instance, the review shall be conducted in accordance with Chapter 6 of the Muskego Municipal Code.
(5)
A permit issued under this section shall be valid for a period of
one year, unless suspended or revoked for cause, and shall not be
assignable or transferable.
(a)
Each vendor vehicle permit will expire on June 30 of each year.
(b)
A vendor vehicle permit is not transferable from person to person.
(c)
A vendor vehicle permit is valid for one vehicle only and is
not transferable. A separate permit shall be obtained for each vehicle
used by the mobile food vehicle vendor.
(d)
The vendor vehicle permit will be permanently and prominently
affixed to the mobile food vehicle.
(e)
Permit fees, late fees, and renewal fees shall be paid in accordance
with the fee schedule set by resolution of the City Council.
G.
Regulations.
(1)
No person shall park, stop, or operate a mobile food vehicle, nor
shall any vendor vehicle permit any person to park, stop, or operate
a mobile food vehicle in a location adjacent to or within a 100-foot
radius of the nearest edge of any lot line of a building comprising
a licensed food establishment, the kitchen of which is open for serving
food to patrons. This requirement may be waived if the most recent
application for a vendor vehicle permit was submitted together with
the written consent of the proprietor of the adjacent licensed food
establishment.
(2)
When on a public right-of-way, the customer service area for mobile
food vehicles shall be on the side of the truck that faces a curb,
lawn, or sidewalk when parked. No food service shall be provided on
the driving lane side of the truck. No food shall be prepared, sold,
or displayed outside of a mobile food vehicle.
(3)
All vendors will abide by all parking and traffic laws, ordinances,
statutes, rules, and regulations at all times.
(4)
All mobile food vehicle units must maintain a distance of 10 feet
from the nearest edge of any building, vehicle, and combustible materials.
All vendors will maintain any legally required distances from crosswalks,
curb cuts, sidewalk benches, bike racks, bus shelters and stops, vision
corners, and other obstructions. The vendor is required to set up
the mobile food vehicle, arrange for waiting on customers, and have
customers line up in a way that avoids conflict between customers
and the traveling public, including pedestrians, parked vehicles,
and moving vehicles. Mobile food vehicles are not permitted on public
sidewalks, recreation trails, or any gravel or grassy area adjacent
to a street.
(5)
Mobile food vendors are allowed in City parking lots, including those
within City parks, only as part of an approved special event or upon
approval by the Common Council. Mobile food vendors are allowed adjacent
to or within City parks with Common Council approval.
(6)
Mobile food vendors are allowed in City parks as part of a Recreation
Department approved private park rental for a closed event and the
food served is at no charge to the guests. Examples would include
weddings, corporate events, company picnics, graduations, etc.
(7)
A person with a valid driver's license of such a classification
to allow the operation of the mobile food vehicle shall be with the
vehicle at all times that any activity is taking place in the mobile
food vehicle. The vehicle towing the trailer being used as a mobile
food vehicle must be on the premises at all times. The vendor is liable
for any violation of this subsection.
(8)
All mobile food vehicle vendors shall provide a waste container for
public use which the vendor shall empty at its own expense. All trash
and garbage originating from the operation of mobile food vehicles
shall be collected and disposed of off-site by the operators at least
each day and as often as is reasonable to protect the public health,
safety, and welfare. Spills of food or food by-products shall be cleaned
up by the vendor and no dumping of gray water within the City shall
be permitted. No trash or garbage shall be disposed of in any City
park dumpster or waste receptacle.
(9)
The mobile food establishment shall be required to be inspected by
the Waukesha County Health Department and to satisfy the relevant
provisions of Ch. ATCP 75, Wis. Adm. Code. In addition, the mobile
food establishment shall pay an inspection fee for this inspection
and provide proof of said inspection to the City Clerk at his or her
request.
(10)
Any power or fuel required for the mobile food vehicle shall
be self-contained, and a mobile food vehicle shall not use utilities
drawn from the public right-of-way or City park. Mobile food vehicles
on private property may use electrical power from the property being
occupied or an adjacent property, but only when the property owner
provides consent to do so. All power sources must be self-contained.
No power cable or equipment shall be extended at or across any City
street, recreation trail, or sidewalk.
(11)
Mobile food vehicle vending hours on public property and public
rights-of-way are from 8:00 a.m. to 10:00 p.m. each day of the week.
Mobile food vehicles must be closed, the area cleaned, and the mobile
food vehicle removed by the time specified. Mobile food vehicle vending
hours are restricted on private property locations to the same hours
as stated herein unless approval for a longer time period is approved
by the Common Council.
(12)
Nothing in this section shall be deemed to supersede or repeal
any ordinance relating to noise, park closing hours, or parking, except
as specifically provided in this section. Vendors will take every
precaution to ensure that their operations do not materially affect
the peace and welfare of the general public nor cause any unreasonably
loud, disturbing, and unnecessary noise or any noise of such character,
intensity, or duration as to be detrimental to the life or health
of any individual or which is in the disturbance of public peace and
welfare, and/or which creates a nuisance.
(13)
No signage is allowed as part of promoting the food vehicle
sales, with the exception of signage attached directly to the mobile
food vehicle.
H.
Suspension and revocation. A vendor vehicle permit may be suspended or revoked by the City Clerk or the Chief of Police 1) if the permit holder made any material omission or materially inaccurate statements in the permit application, 2) if the permit holder violates any provision of this section, 3) if there are noise complaints related to the mobile food vehicle or the operation thereof, or 4) if the permit holder becomes ineligible to hold the permit under the provisions of § 111.321 et seq., Wis. Stats., or any other applicable Wisconsin statute(s) or laws. Notice of suspension or revocation will be personally served on the applicant and will include a statement of the act(s) upon which the determination is based. Said determination of suspension or revocation may be reviewed, at the request of the permit holder, by the Common Council to be conducted in accordance with Chapter 6 of the Muskego Municipal Code.
I.
Violations and penalties.
(1)
Any person violating any provisions of this section shall be subject to the forfeitures and penalties contained in § 1-4 of this Code. Each day of violation shall constitute a separate offense.
(2)
The Police Department and/or the Recreation Department shall have
concurrent authority to remove or cause the removal of any vending
equipment or merchandise found on the street, sidewalk, or other vending
location in violation of any regulations established pursuant hereto.
In addition to any forfeiture, the violator shall be liable for the
costs of removal, towing, and storage charges incurred by either department.
(3)
The City of Muskego shall also have the right to seek any remedies
available to it under the law or in equity with respect to any violation(s)
of this section.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
