City of Jefferson, WI Vendors and Transient Merchants

[Amended 12-16-2003 by Ord. No. 17-03; 10-18-2005 by Ord. No. 17-05; 9-19-2017 by Ord. No. 13-17]

Registration required. It shall be unlawful for any transient merchant to engage in sales within the City without being registered for that purpose as provided herein.

Definitions. In this section, 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.

CLERK/TREASURER

The City Clerk/Treasurer.

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.

MOBILE DESSERT ESTABLISHMENT

A subclass of mobile food establishment which serves only individual portions of ice cream, ice milk, frozen custard, yogurt, dessert mix, sundaes, or other frozen desserts that are prepackaged and totally enclosed in a wrapper or container and which have been manufactured, prepared and wrapped in a licensed food establishment.

MOBILE FOOD ESTABLISHMENT

A restaurant or retail food establishment where food is served or sold from a movable vehicle, pushcart, trailer, or boat which periodically or continuously changes location, including movable concession stands designed to operate as a temporary food establishment and/or traveling retail food establishments as those terms are used in Wisconsin Administrative Code Chapter ATCP 75 "Appendix" (the "Wisconsin Food Code"). "Mobile food establishment" does not include the following:

(1)

A vehicle used solely to transport or deliver meals prepared somewhere other than in or on the vehicle to specific persons.

(2)

A common carrier regulated by the state or federal government.

(3)

An establishment under hire, contract or special request to provide food service to a private group, organization or business and is not serving to members of the general public provided the establishment is in full compliance with all state applicable food and health code requirements.

PERMANENT MERCHANT

Any person who, for at least six months prior to the consideration of the application of this section to the merchant:

(1)

Has continuously operated an established place of business in the local trade area among the communities bordering the place of sale; or

(2)

Has continuously resided in the local trade area among the communities bordering the place of sale and now does business from his residence.

POP-UP RETAIL SHOP

A retail enterprise that is opened temporarily to take advantage of certain trends or seasonal/holiday demand. Products offered for sale generally include handcrafted or art related items, apparel, toys, or other similar merchandise. Not included are the sale of fermented malt beverages, intoxicating liquor, wine, firearms, bows, or other weapons.

[Added 3-16-2021 by Ord. No. 3-21]

TRANSIENT MERCHANT

Any individual who engages in the retail sale of merchandise at any place within the legal boundaries of the City of Jefferson, Wisconsin temporarily and who does not intend to become and does not become a permanent merchant of such place. For purposes of this section, "sale of merchandise" also includes a sale in which the personal services rendered upon or in connection with the merchandise sale constitutes the greatest part of value for the price received. Included in this definition are mobile dessert establishments, mobile food establishments, pop-up retail shops, and any other arrangements in which merchandise owned by a third party are sold at a local trade area owned or controlled by a permanent merchant.

[Added 3-16-2021 by Ord. No. 3-21]

Exemptions. The following shall be exempt from all provisions of this section:

(1)

Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.

(2)

Any person selling merchandise at wholesale to dealers in such merchandise.

(3)

Any person selling agricultural products which the person has grown.

(4)

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 this county and who delivers such merchandise in his regular course of business.

(5)

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 the person.

(6)

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.

(7)

Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.

(8)

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.

(9)

Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of the organization, provided that there is submitted to the Clerk/Treasurer proof that such charitable organization is registered under § 440.42, Wis. Stats. Any charitable organization engaging in the sale of merchandise and not registered under § 440.42, Wis. Stats., or which is exempt from that statute's registration requirements shall be required to register under this section.

(10)

Any person who claims to be a permanent merchant but against whom complaint has been made to the Clerk/Treasurer that such person is a transient merchant, provided that there is submitted to the Clerk/Treasurer proof that such person has leased for at least one year or purchased the premises from which he has conducted business in the market area for at least six months prior to the date the complaint was made.

(11)

Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.

Registration.

(1)

The applicant for registration must complete and return to the Clerk/Treasurer a registration form furnished by the Clerk/Treasurer which shall require the following information:

(a)

Name, permanent address and telephone number and temporary address, if any.

(b)

Age, height, weight, and color of hair and eyes.

(c)

Name, address and telephone number of the person, firm, association or corporation that the transient merchant represents, is employed by or whose merchandise is being sold.

(d)

Temporary address and telephone number from which business will be conducted, if any.

(e)

Nature of business to be conducted and a brief description of the merchandise and any services offered.

(f)

Proposed methods of delivery of merchandise, if applicable.

(g)

Make, model and license number of any vehicle to be used by the applicant in the conduct of his business.

(h)

Most recent cities, villages, and towns, not to exceed three, where the applicant conducted his business.

(i)

Place where the applicant can be contacted for at least seven days after leaving the City.

(j)

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 and the nature of the offense and the place of conviction.

(2)

Applicants shall present to the Clerk/Treasurer for examination:

(a)

A driver's license or some other proof of identity as may be reasonably required.

(b)

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.

(c)

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.

(3)

At the time the registration is returned, a fee shall be paid by the applicant to the Clerk/Treasurer to cover the cost of processing the registration. For one sale event not exceeding three consecutive days, the initial fee shall be $15. For all other sale events, the initial fee shall be $50. The Common Council may adjust said fees on an annual basis. All permits issued under this chapter shall expire on December 31 at 11:59 p.m. with no proration or reduction of the fee allowed.

[Amended 3-16-2021 by Ord. No. 3-21; 10-3-2023 by Ord. No. 10-23]

Investigation.

(1)

Upon receipt of each application, the Clerk/Treasurer may refer it immediately to the Chief of Police who may make and complete an investigation of the statements made in such registration.

(2)

The Clerk/Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation 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 the applicant failed to comply with any applicable provision of Subsection D(2) above.

(3)

This section does not apply to the following organizations and their events: farmers markets, Gemuetlichkeit Days, Inc., the Chamber of Commerce, Holiday Parade of Lights, Rib Fest, Tomorrow's Hope, Live Music Foundation, the Friends of Goat Island, Jefferson Main Street Association, Inc., and National Night Out. Said organizations and events shall be required to submit a list of each vendor to the City, including name, address, phone number and items to be sold by vendor.

[Added 10-3-2023 by Ord. No. 10-23]

Appeal. Any person refused or denied registration may appeal the denial through the appeal procedure approved by ordinance or resolution of the Common Council or, if none has been adopted, under the provisions of §§ 68.01 through 68.15, Wis. Stats.

Regulation of transient merchants.

(1)

Prohibited practices.

(a)

A transient merchant shall be prohibited from calling at any dwelling or other place between the hours of 9:00 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.

(b)

A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or characteristics of any merchandise offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of the merchandise being offered will actually be used for the charitable purpose for which the organization is soliciting. Such portion shall be expressed as a percentage of the sale price of the merchandise.

(c)

No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.

(d)

No transient merchant shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.

(e)

No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he is conducting business.

(f)

Mobile food establishments.

[1]

Mobile food establishments shall be allowed to sell from public streets, but shall not impede the free use of streets or sidewalks by vehicles or pedestrians. All traffic and parking regulations shall be observed. If an on-duty officer of an authorized law enforcement agency determines that a safety problem exists related to the selling activities at a specific location(s) by a mobile food establishment vendor, the officer shall have the right to order the vendor to cease selling at that location(s). Mobile food establishment vendors shall not remain in one location, either on a City street, street right-of-way, or in a public park, for a period of longer than 90 consecutive minutes. Mobile food establishment vendors shall comply with all state and federal food and health code requirements as applicable to the establishment, including but not limited to having in force any license required under state law. All required state and City of Jefferson licenses and permits shall be conspicuously displayed on the mobile food establishment while in operation.

[2]

All mobile food establishments, including mobile dessert establishments, shall be required to provide one leakproof container for the deposit of waste. Mobile food establishment operators are required to remove or otherwise properly dispose of all waste, litter, or garbage generated by their operations and patrons on a daily basis, including that which may be reasonably be seen from the location of the operation on the ground or otherwise not in a proper disposal container.

[3]

All mobile food establishments must have signage posted, in lettering not less than three inches in height, in plain view to all patrons, which provides the name of the operator.

[4]

Mobile food establishments shall also be permitted to operate on private property in commercial, industrial, or industrial park zoning districts and only with the consent of the owner or person in legal possession of the property.

[5]

Licensed mobile food establishments shall be allowed to operate only between the hours of 9:00 a.m. and 9:00 p.m. No sales shall be permitted within 300 feet of an established, operating concession stand operated by a nonprofit or charitable organization, such as civic, school, or other similar organizations.

(g)

Mobile dessert establishments.

[1]

Mobile dessert establishments may operate on public streets within any City zoning district, provided they are parked on a street only while serving customers present or approaching for service or while they are open for service.

[2]

Mobile dessert establishments operating on public streets shall not obstruct any public street, sidewalk, trail access, or visibility of crosswalks, street corners, driveways or intersections, and operators shall take affirmative steps to direct customers waiting for service to refrain from causing any such obstructions.

(h)

Waivers.

[1]

If a waiver of any requirements of this section is requested, it must be presented to the Regulatory Committee of the Common Council for approval or denial. If a request is denied by the Regulatory Committee, it shall be final.

[2]

In exigent or extreme circumstances, the City Administrator shall have the authority to waive any requirements of § 270-3 in the instance a community event requires modification.

(2)

Disclosure requirements.

(a)

After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of merchandise or services he offers to sell.

(b)

If any sale of merchandise is made by a transient merchant or any offer for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel the transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedures as set forth in § 423.203, Wis. Stats. The seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.

(c)

If the transient merchant takes a sales order for the later delivery of merchandise, he shall at the time the order is taken provide the buyer with a written statement containing the terms of the agreement; the amount paid in advance, whether full, partial or no advance payment is made; the name, address and telephone number of the seller; the delivery or performance date; and whether a guarantee or warranty is provided and, if so, the terms thereof.

Records. The Chief of Police shall report to the Clerk/Treasurer all convictions for violation of this section, and the Clerk/Treasurer shall note any such violation on the record of the registrant convicted.

Revocation of registration.

(1)

Registration may be revoked by the Common Council, after notice and hearing, if the registrant made any material omission or materially inaccurate statements in the application for registration; made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in transient sales; violated any provision of this section; or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in selling.

(2)

Written notice of the hearing shall be served personally or pursuant to Subsection D(3) above on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of the hearing and a statement of the acts upon which the hearing will be based.