[Adopted by Ord. No. 1720 (Sec. 15.07 of the Codification)]
As used in this article, the following terms shall have the
meanings indicated:
A food truck, trailer, cart, tent, vehicle or moveable structure
selling food or beverages which periodically changes location.
[Added 4-5-2021 by Ord.
No. 1881]
Those who solicit money or items for donation (other than
panhandling for one's personal sustenance) in person by being present
at a business or residence of the person from whom the money or donations
is requested.
Any peddler, canvasser, solicitor, whether principal, agent
or employee, who engages in, does or transacts any temporary or transient
business in this Village, either in one location or by moving his
place of business from place to place in the Village selling goods,
wares, services or merchandise or solicits for such trade, and whether
or not for the purpose of carrying on such business such individual
hires, leases, occupies, or uses a building, structure, vacant lot,
railroad car or other vehicle for the exhibition or sale of such goods,
wares and merchandise.
A.
This article shall not be held to include the acts of persons selling
services, goods or materials at wholesale to dealers in such articles,
nor to vendors of dairy products, fruit juices, bakery goods or groceries
to any regular customers on established routes, nor the acts of the
local area merchants or their employees in delivering such goods in
the regular course of business, nor shall this article be held to
include or apply to any farmer who shall vend, sell or dispose of,
or offer to sell, vend or dispose of the products of the farm or garden
occupied and cultivated by him or her, nor to governmental agents
in the performance of their official duties.
B.
This article shall not be held to prohibit any sale required by statute
or by order of any court or to prevent any person conducting a bona
fide auction sale pursuant to law.
C.
This article shall not be held to include the acts of persons solely
engaged in acts of political or religious speech or the free exercise
of religion to the extent such acts are protected under the Wisconsin
and United States Constitutions.
D.
This article, including, but not limited to its permitting and registration
provisions, does not apply to residents under the age of 21 conducting
door-to-door sales or solicitations on behalf of a charitable or nonprofit
educational organization, including but not limited to the Boy Scouts
of America, Girl Scouts of America, public and private schools, UNICEF
and youth athletic leagues and associations.
A.
Permits. It shall be unlawful for any transient merchant to vend,
sell or dispose of, or to offer to vend, sell or dispose of goods,
wares, merchandise, produce or services or any other thing at any
place whatsoever within the Village of Whitefish Bay without first
obtaining a permit as set forth herein.
B.
Registration. It shall be unlawful for any solicitor to solicit money
or items for donation in person by being present at a business or
residence without first registering as set forth herein.
[Amended by Ord. No. 1768]
A.
Application for permit. Transient merchants and solicitors shall obtain a permit application/registration form from the Village Clerk-Treasurer. The transient merchant or solicitor shall fill out this application/registration form, stating the nature of and the place where business is to be carried on, the length of time for which a permit or registration is desired, a general description of the things intended to be solicited, sold, disposed of or contracted for, the name, date of birth and permanent address of all the persons to be covered by such permit, the name and address of the applicant/registrant, and the place or places of residence of the applicant/registrant for the two years previous. No permit shall be granted until all of the provisions of Subsection B of this section, as well as any county, state or federal laws or regulations have been complied with. Whenever the business of the applicant shall require the use of weighing or measuring devices, a certificate shall accompany the application from the sealer of weights and measures stating that said devices have been examined and approved.
(1)
Application and registration. At the time of filing application or
registration, a permit fee and an investigation fee as set from time
to time by the Village Board for each person to be covered by permit
or otherwise registered shall be paid to the Village Clerk-Treasurer
to cover the cost of investigation of the facts stated in the application
or registration. The application or registrations shall be sworn to
by the applicant and filed with the Chief of Police and shall contain
such additional information as the Chief shall require for the effective
enforcement of this article and the safeguarding of the residents
of the Village from fraud, misconduct or abuse. Religious, charitable,
political, patriotic or philanthropic agencies or their agents shall
not be required to submit an application or pay an application or
registration fee if they are engaged purely in activities which are
exempt from this article.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
B.
Investigation. Upon receipt of each such application or registration,
the Chief of Police shall institute such investigation of applicant's
business and moral character as he or she deems necessary for the
protection of the public good and shall approve or disapprove applications
within 72 hours after such application was filed, and shall issue
or deny a permit in accordance with his or her findings after presentation
by the applicant of a receipt from the Village Clerk-Treasurer showing
payment of the required fee.
C.
Bond. If the Chief of Police determines from his or her investigation
of said application that the interests of the Village or of inhabitants
of the Village require protection against possible misconduct of the
licensee or that the applicant is otherwise qualified but due to causes
beyond his or her control is unable to supply all of the information
required, he may require the applicant to file with the Village Clerk-Treasurer
a bond in an amount up to $25,000 with surety running with the Village,
conditioned that the permittee willfully comply with the ordinances
of the Village and laws of the state relating to peddlers, canvassers
or transient merchants and guaranteeing to any citizen of the Village
of Whitefish Bay doing business with the permittee that the property
purchased will be delivered according to the representations of the
applicant, provided that action to recover on any such bond shall
be commenced within six months after the expiration of the license
of the principal.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
D.
Issuance. All permits shall be numbered in the order in which they
are issued and shall state clearly the place where the business may
be carried on, the purpose of the solicitations, the kind of goods,
wares, merchandise or services to be sold, disposed of or contracted
for, the dates of issuance and expiration of permit, the fee paid
and the name and address of the licensee and all employees covered
by said permit, and the date of revocation of permit. Such permit
shall automatically expire on January 1 following the date of issuance
of such permit. No permit shall be granted to a person under 18 years
of age, and no applicant to whom a license has been refused or who
has had a permit which has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection or revocation, unless the person can show
that the reason for such rejection revocation no longer exists. Every
transient merchant or solicitor, while exercising his permit or registration,
shall post the permit or registration information in a conspicuous
place on the premises or person and shall exhibit the same upon demand
of any officer, or a customer or prospective vendee. A permit or registration
shall not be assignable and any holder of such permit or registration
who allows it to be used by any other person shall be guilty of a
violation of this article. Whenever a permit shall be lost or destroyed,
a duplicate in lieu thereof under the original application may be
issued by the Clerk-Treasurer upon filing with him or her by the permit
holder of an affidavit setting forth the circumstances of the loss
and what, if any, search has been made for its recovery, and upon
the payment of a fee as set from time to time by the Village Board.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
On the expiration of the permit, the holder shall surrender
the same to the Chief of Police. It shall be unlawful for any person
to alter or change in any manner any permit issued under the provisions
of this article, and such alteration or the failure of the holder
of same to display the permit in a conspicuous place on the premises
or person or to exhibit the same upon demand of any officer or customer
or prospective vendee shall be cause for revocation of such permit.
The Chief of Police, Village Manager or the Village Board may
at any time for a violation of this or any other ordinance or any
law, revoke any permit issued under these provisions. When a permit
shall be revoked, no refund of any unearned portion of the permit
fee shall be made. Notice of such revocation and the reason or reasons
therefor in writing shall be immediately served personally upon the
person named in the application or by mailing the same to the permit
holder at the named premises, and by filing a copy of such notice
with the Village Clerk-Treasurer. Appeal from revocation shall be
made to the Village Board within 30 days of date of revocation.
All orders taken by a permit holder under this article who accepts
or receives payment or deposit of money in advance of final delivery
shall be in writing in duplicate, stating the terms thereof and the
amount paid in advance, and one copy shall be given to the purchaser
at the time the deposit of money is paid.
No individual shall carry on any business under this article
involving the handling or sale of foodstuffs, without first securing
from the Health Officer a certificate stating that he or she is apparently
free from any contagious or infectious disease and agreeing in writing
to submit to a further physical examination upon the request of the
Health Officer.
No person shall do any of the following upon visiting any business
or residence in the Village:
A.
Falsely or fraudulently misrepresent the quantity, character or quality
of any article or service offered for sale, or offer for sale any
unwholesome or tainted food or foodstuffs, nor shall intentionally
misrepresent to any prospective customer the purpose of his or her
visit, nor the name of the business of his or her principal, if any,
nor the source of supply of the goods, wares, merchandise or services
which he or she sells or offers for sale, nor the disposition of the
proceeds or profits of his or her sales.
B.
Keep any facilities or premises in an unclean or unsanitary condition
or foodstuffs offered for sale uncovered and or unprotected from pathogens,
dirt, dust and insects.
C.
Engage in door-to-door selling of goods, wares, merchandise, services,
or soliciting other than between the hours of 9:00 a.m. to the earlier
of either 7:00 p.m. or one hour after sunset.
D.
Call on any dwelling or other place where a sign is displayed bearing
the words "No Peddlers," "No Solicitors," or words of a similar meaning.
E.
Call at the rear door of any dwelling place; or remain on premises
after being asked to leave by the owner, occupant, or any other person
having authority over such premises.
F.
Use any permit provided by the Village after the expiration or revocation
of the permit.
G.
Knowingly provide false information in the submission of any application
or registration under this article.
[Added 4-5-2021 by Ord.
No. 1881]
Mobile food establishments shall not:
A.
Violate Village of Whitefish Bay parking regulations.
B.
Conduct business while located within 50 feet of a licensed restaurant,
unless such restaurant is owned by the owner of the mobile food establishment
or the mobile food establishment has written permission from the restaurant
license's owner or agent. (A copy of the mobile food establishment's
written permission must be maintained in or on the mobile food establishment
for verification.)
