It shall be unlawful for any transient merchant, direct seller
or charitable solicitor to engage in direct sales or solicitation
activities within the City of Arcadia without being registered for
that purpose as provided herein.
[Amended 8-7-2019 by Ord.
No. 2019-5]
In this chapter, the following terms shall have the meanings
indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
CLERK-TREASURER
The City of Arcadia Clerk-Treasurer or Deputy Clerk-Treasurer.
FOOD TRUCK
A truck, van, or other vehicle or portable structure, such
as a trailer, from which a merchant can sell food from any one or
more locations.
MERCHANDISE
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 merchandise by a donor or prospective customer.
PERMANENT MERCHANT
Any person who, for at least one year 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; or
B.
Has continuously resided in the local trade area among the communities
bordering the place of sale and now does business from his residence.
PERSON
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
SOLICITOR
Any person engaged in direct solicitation who:
A.
Seeks donations of money or other contributions of items of
value for an organization or cause; or
B.
Sells items on behalf of an organization or cause but asks for
a contribution of greater value than the item being sold.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily and who does not intend to
become a permanent merchant of such place. For purposes of this definition,
"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
the sale of produce or other perishable products. For purposes of
this chapter, the term "transient merchant" shall include food trucks,
as well as direct sellers and solicitors seeking donations or funds
for an organization, unless excepted.
[Amended 8-7-2019 by Ord.
No. 2019-5]
The following shall be exempt from all provisions of this chapter:
A. Regular delivery routes. Any person delivering newspapers, fuel,
dairy products or bakery goods to regular customers on established
routes.
B. Wholesalers. Any person selling merchandise at wholesale to merchants
who deal in such merchandise who are not subject to this chapter.
C. Agricultural products. Any person selling only agricultural products
which the person has grown.
D. Deliveries by permanent merchants. 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 Trempealeau County
and who delivers such merchandise in his regular course of business.
E. Requested home visits. 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. Prior sales transactions. 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. Services not offering merchandise. Any person selling or offering
for sale a service unconnected with the sale or offering for sale
of merchandise.
H. Auctions; sales authorized by statute. 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. Charitable organizations; limited exemption. Any employee, officer
or agent of a charitable organization who engages in direct sales
for or on behalf of said organization shall be exempt from fees imposed
by this chapter, provided that there is submitted to the City Clerk-Treasurer
proof that such charitable organization is registered under § 202.12,
Wis. Stats., and the charitable solicitors register with the City
under this chapter. 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.
J. Alleged transient merchants. Any person who claims to be a permanent
merchant but against whom complaint has been made to the City Clerk-Treasurer
that such person is a transient merchant, provided that there is submitted
to the City Clerk-Treasurer proof that such person has leased for
at least one year, or purchased, the premises from which he/she is
conducting business, or proof that such person has conducted such
business in this City for at least one year prior to the date complaint
was made.
K. Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
L. City-authorized events. Transient merchants while doing business
at special events authorized by the Common Council and with express
prior written permission from the organizer of the special event or
a person authorized to act on behalf of the organizer of the special
event.
M. Resident juveniles. Juveniles under the age of 18 who are residents
of the Arcadia School District. This exemption does not apply to food
trucks.
[Amended 8-7-2019 by Ord.
No. 2019-5]
A. Registration information. Transient merchants, excepting merchants who sell only farm or garden produce as defined under §
346-8 of this chapter, must apply to register as a transient merchant in the City. Applicants for registration must complete and return to the City Clerk-Treasurer a registration form furnished by the Clerk-Treasurer which shall require the following information:
(1) Name, permanent address and telephone number and temporary address,
if any;
(2) Height, weight, color of hair and eyes, and date of birth;
(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 offered and any services offered;
(6) Proposed method of delivery of merchandise, if applicable;
(7) Make, model and license number of any vehicle to be used by the applicant
in the conduct of his business;
(8) Last cities, villages, and towns, not to exceed three, where the
applicant conducted similar business just prior to making this registration;
(9) Place where the applicant can be contacted for at least seven days
after leaving this City;
(10)
Statement as to whether the applicant has been convicted of
any crime or ordinance violation related to the applicant's transient
merchant business within the last five years, the nature of the offense
and the place of conviction;
(11)
The names and signatures of any owners of private property on
which the applicant intends to operate his or her business, if the
applicant is the operator of a food truck; and
(12)
Proof of approval of the Common Council if the applicant intends
to operate a food truck on any public property owned by or within
the municipal limits of the City of Arcadia.
B. Identification and certification. Applicants shall present to the
City Clerk-Treasurer 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 the applicant's business requires
use of weighing and measuring devices approved by state authorities;
and
(3) A State Health Officer's certificate where the applicant's
business involves the handling of food or clothing and is required
to be certified under state law, such certificate to state that the
applicant is apparently free from any contagious or infectious disease,
dated not more than 90 days prior to the date the application for
registration is made.
C. Registration fee.
(1) At the time of filing applications, a fee established by the Common
Council by resolution shall be paid to the City Clerk-Treasurer to
cover the cost of investigation of the facts stated in the applications
and for processing said registration. Every member of a group must
file a separate registration form. The primary applicant shall pay
a registration fee established by the Common Council by resolution,
plus the then-current Crime Information Bureau (CIB) investigation
fee; each assistant under the application shall also be required to
pay the CIB fee.
(2) The applicant shall sign a statement appointing the City Clerk-Treasurer
his 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. Registration may be denied upon failure
to comply with this subsection.
(3) Upon payment of said fee and the signing of said statement, the City Clerk-Treasurer shall register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of 30 days from the date of entry, subject to subsequent refusal as provided in §
346-5B below.
D. Solicitors. Solicitors of funds or donations for charitable or other
organizations shall comply with all disclosure and registration requirements
above but shall be exempt from the registration fee; such applicants,
however, shall each pay the current CIB fee.
E. Bond. Every applicant not a resident of Trempealeau County, Wisconsin,
or who being such resident represents a firm whose principal place
of business is located outside the State of Wisconsin shall file with
the City Clerk-Treasurer a surety bond, running to the City, in the
amount of $500 if registration is issued for less than six months
and $1,000 if registration is issued for six months or longer, with
surety acceptable to and approved by the Mayor, conditioned that said
applicant shall comply fully with all the provisions of the ordinances
of the City of Arcadia and the statutes of the State of Wisconsin
regulating peddlers, canvassers, solicitors, transient merchants,
itinerant merchants, or itinerant vendors, as the case may be, and
guaranteeing to any citizen of the City of Arcadia that all money
paid as a down payment will be accounted for and applied according
to the representations of the transient merchant and further guaranteeing
to any citizen of the City of Arcadia doing business with said transient
merchant that the property purchased will be delivered according to
the representations of the transient merchant. Action on such bond
may be brought by the person or persons aggrieved and for whose benefit,
among others, the bond is given, but the surety may, by paying, pursuant
to order of the court, the face amount of the bond to the clerk of
court in which suit is commenced, be relieved without costs of all
further liability.
F. Bond or insurance.
(1) Applicants shall provide proof of an indemnity bond with good and
sufficient sureties or proof of a policy of liability insurance for
the payment of all claims that may arise by reason of injuries to
person or property from the operation of the merchant's business
in the City of Arcadia. The bond or policy shall name of the City
of Arcadia as an additional insured. The bond or policy shall be filed
in the office of the City Clerk-Treasurer.
(2) The bond or policy of insurance shall provide that the bond or policy
shall protect the City of Arcadia against any liability arising from
any claim, the basis of which arose as a direct or indirect result
of the transient merchant's business, whether the claim is filed
after the bond or policy of insurance expires or not, provided that
the claim arose after the bond or the policy of insurance became effective.
(3) The applicant shall pay the bond or policy premium.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Common
Council or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
The Police Department shall report to the City Clerk-Treasurer
all convictions for violations of this chapter, and the City Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.