It shall be unlawful for any direct seller to engage in direct
sales within the City of Bayfield without first receiving a permit
for that purpose as provided herein.
In this chapter, the following terms shall have the meanings
indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such, but shall not include religious organizations.
CLERK
The City of Bayfield Clerk.
DIRECT SELLER
Any individual who, for him/herself, or for a partnership, association or corporation, sells goods or services, or takes sales orders for the later delivery of goods or services, at any location, whether temporary or permanent within the City of Bayfield, other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include, but not be limited to, peddlers, solicitors and transient merchants. A direct seller does not include door-to-door sellers as defined in Chapter
201. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
GOODS
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold.
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.
The following shall be exempt from all provisions of this chapter:
A. 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;
B. Any person validly participating in the Bayfield Farmer's Market
as a vendor;
C. Any farmer selling produce raised by that person.
When considering whether to grant a direct seller permit and
what restrictions or requirements to place on such permit, the Common
Council shall apply the following standards:
A. Direct sellers shall only be permitted to operate in the Commercial
District.
B. Direct sellers shall not block or obstruct a fire hydrant.
C. Direct sellers shall not block or obstruct a curb cut.
D. Direct sellers shall not block or obstruct public walkways.
E. Sales shall be allowed between the hours of 9:00 a.m. and 7:00 only.
F. There shall be no sound devices, bubbles, flashing lights, banners,
flags, or other similar noisemaking or moving devices or other related
equipment allowed.
G. A direct seller's vending site must be neat and orderly, and
the site may be reviewed and evaluated by the City.
H. A direct seller permit shall state the specific dates and location
for which it is valid.
I. A direct seller permit shall be valid for no more than seven days
within a thirty-day period.
J. No individual, partnership, association, limited liability company,
corporation, or other entity may receive more than one direct seller
permit within any thirty-day period.
K. If a direct seller proposes to set up on private property, he or
she must provide the written consent of the property owner.
L. Only three direct seller permits will be issued at one time within
the City.
M. Direct sellers shall not drive stakes or other similar devices into
streets or sidewalks, or to any structure (building, light pole, signs,
benches, etc.) without written permission of the City.
N. Signage shall be reviewed and must be consistent with Chapter
500, Article
VIII.
O. Direct sellers shall not be allowed to be located within 500 feet
of a permanent business dealing in the same or similar goods or services.
P. Direct sellers shall have adequate liability insurance as defined in §
349-18C(2).
Any person denied a permit 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 §§ 68.01
through 68.16, Wis. Stats.