[HISTORY: Adopted by the Common Council of
the City of St. Francis as §§ 12.06, 12.13, 12.14,
12.16, 12.17, 12.19, 12.22, 12.24 and 12.25 of the 1981 Code. Amendments
noted where applicable.]
A.
License required. No person shall sell, display or
offer for sale within the City any tree or shrub commonly known as
a "Christmas tree" without first obtaining a license to do so.
B.
Application and issuance. Application for such license
shall be made to the City Clerk upon forms furnished by him and shall
include the name and permanent address of the applicant, the name
and address of the person who owns the lot or land upon which such
trees shall be displayed or sold and the location of such lot or land.
Upon filing such application and the presentation to him of a receipt
from the City Treasurer showing the payment of the license fee and
deposit hereinafter provided for, the City Clerk shall issue such
license for a period ending on January 10 of the following year.
C.
Fees. The fee for such license shall be as provided
in the current fee schedule on file with the City Clerk. In addition
to such fee, the applicant shall deposit with the City Treasurer the
sum of $50, which shall be held by him until the City Engineer certifies
to the City Treasurer that all trees, shrubs, clippings, stumps and
other debris connected with the sale of the Christmas trees have been
removed from such lot or land and disposed of satisfactorily. All
such trees, shrubs, clippings, and other debris shall be removed by
the licensee on or before January 5 following the issuance of such
license. If such trees, shrubs, clippings, stumps and other debris
have not been satisfactorily removed and disposed of, the City Engineer
shall cause such removal and the cost thereof shall be charged to
the licensee and paid out of such deposit. Any balance shall be returned
to the licensee and any deficit shall be charged to such applicant.
[Added 11-3-2009 by Ord. No. 1275]
A.
Permit clause. Ownership of goods, utility items, recyclable materials and any material set out for collection and or placed in City recycling bins, dropoff sites and waste containers, whether on public or private property, shall be vested in only licensed individuals, corporations, haulers, collectors or transporters of such materials, as required by Chapter 288, and only after following the procedures set forth to obtain a permit, including the name, business address, and all contact numbers of said individuals, corporations, haulers, collectors or transporters after payment of an annual fee of $150.
B.
Licensed
corporations, individuals, haulers, collectors or transporters of
such materials may not enter private property without the written
consent of the owner of such property, a copy of which must be placed
on file with the office of the City Clerk.
A.
License required. It shall be unlawful for any direct
seller to engage in sales within the City without being registered
for that purpose as provided herein.
B.
CHARITABLE ORGANIZATION
CLERK
DIRECT SELLER
MERCHANDISE
PASSPORT-SIZED PHOTOS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PERSON
SERVICE
Definitions. In this section, the following terms
shall have the meanings indicated:
[Amended 10-1-2013 by Ord. No. 1352]
Any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The City Clerk.
Any person who engages in the retail sale of merchandise
or services at a temporary location or by door-to-door solicitation.
"Direct seller" includes charitable organizations soliciting contributions
or membership whenever any fee or exchange of money for anything is
a part of the solicitation.
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. For
purposes of this section, "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.
Identical color photographs two inches by two inches (51
mm by 51 mm) in size printed on photo-quality paper. The image shall
be sized such that the head is between 1 inch and 1 3/8 inches
(between 25 mm and 35 mm) from the bottom of the chin to the top of
the head. Such photos shall be taken within six months of the date
of application, accurately reflect the applicant's current appearance,
and meet all of the following standards:
Taken in front of a plain white or off-white background.
Taken in full-face view directly facing the camera.
With a neutral facial expression and both eyes open.
No hat or head covering that obscures the hair or hairline may
be worn, unless worn daily for a religious purpose. The applicant's
full face, however, must be visible, and the head covering must not
cast any shadows on the applicant's face.
Headphones, wireless hands-free devices or similar items may
not be worn in the photo.
Required prescription glasses, hearing device or similar articles
may be worn; however, glare on glasses is not acceptable.
Dark glasses or nonprescription glasses with tinted lenses may
not be worn except for medical reasons. (A medical certificate may
be required.)
A corporation, partnership, association, organization, individual, principal, agent or employee, alone or collectively, as the case may be, with liability for compliance with the terms of this section being joint and several and imputed between any agent or employee and his or her principal or employer, though any exemption specified under Subsection C below must be met in its terms by each individual or organization claiming the same, regardless of their acting in concert.
Any activity offered for sale or sold to a prospective customer.
The sale of services includes donations required by the seller from
a donor or prospective customer in order to receive the offered services.
C.
Exemptions.
(1)
The following shall be exempt from all provisions
of this section:
(a)
Any person delivering newspapers, fuel, dairy
products or bakery goods to regular customers on established routes.
(b)
Any person selling merchandise at wholesale
to dealers in such merchandise.
(c)
Any person selling agricultural products which
the person has grown or livestock or fowl which the person has raised.
(d)
Any person who has an established place of business
where the merchandise or services being sold are 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.
(e)
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.
(f)
Any employee, officer or agent of a charitable
organization who engages in direct sales for or on behalf of said
organization, provided that there is submitted to the Clerk proof
that such charitable organization is registered under § 440.42,
Wis. Stats. Any charitable organization engaging in the sale of merchandise
or services 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.
(g)
Any individual licensed by an examining board
as defined in § 15.01(7), Wis. Stats.
(h)
Any ex-soldier of the United States holding
a license under § 440.51, Wis. Stats., who shall, while
engaged in the business as such merchant or peddler, carry the special
license and proof required for the issuance of such special license
under such section.
(i)
Trick or treaters on approved days for Halloween.
(2)
Notwithstanding anything to the contrary set forth in this Subsection C, those persons specified as exempt from the terms of this section under Subsection C(1)(c), (f) and (h) and who intend to engage in door-to-door sales of merchandise or services, and any person not otherwise subject to the terms of this section intending to engage in door-to-door solicitation of money or anything of monetary value, shall nonetheless be required in advance of such activity to provide to the Clerk some reasonable form of identification and two identical passport-sized photographs of such person and to obtain, without fee, and display on their person the merchant's identification tag required under Subsection G below at all times while engaged in such door-to-door sales or solicitation. This subsection does not apply to resident minor children conducting door-to-door sales or solicitations on behalf of a charitable organization, including but not limited to the Boy Scouts of America, Girl Scouts of America, public and private schools and youth athletic leagues and associations.
D.
Registration.
(1)
Applicants for registration and license must complete
and return to the Clerk a registration form furnished by the Clerk
which shall require the following information. All applications shall
be signed and sworn to by the applicant. All minors shall also provide
a copy of their work permit.
(a)
Name, date of birth, 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 direct seller represents
or is employed by or whose merchandise or services are 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
or services, if applicable.
(g)
Make, model and license number of any vehicle
to be used by the applicant in the conduct of his/her business.
(h)
Most recent cities, villages, and towns, not
to exceed three, where the applicant conducted his/her business.
(i)
Place where the applicant can be contacted for
at least seven days after leaving this City.
(j)
Statement as to whether applicant has been convicted
of any crime or ordinance violation related to the applicant's business
within the last five years and the nature of the offense and the place
of conviction.
(k)
All places of residence for the applicant for
the previous two years.
(2)
Applicants shall present to the Clerk for examination:
(a)
In the case of door-to-door sales, a driver's
license or some other proof of identity as may be reasonably required
and two identical passport-sized photographs of the applicant.
(b)
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 be
valid and in effect and to state that the applicant is apparently
free from any contagious or infectious disease.
(3)
At the time the registration is returned, a registration
license fee as set forth in this section shall be paid to the Clerk
to cover the cost of processing said registration.
(4)
The applicant shall sign a statement appointing the
Clerk his/her 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 that the applicant cannot, after reasonable
effort, be served personally.
E.
Investigation.
(1)
Upon receipt of each application, the Clerk may refer
it immediately to the City Police Department and such other City departments
whose duties are relevant to the application in the discretion of
the Clerk, which departments may make and complete an investigation
of the statements made in such registration.
(2)
The Clerk shall refuse to register the application 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.
F.
Appeal. Any person refused or denied registration
may appeal the denial through the appeal procedure provided under
the provisions of §§ 68.07 through 68.16, Wis. Stats.
G.
Issuance of license. Upon filing the application properly
filled out and, in a proper case, a certificate as provided by this
section, the Clerk shall issue a license. All licenses shall be numbered
in the order in which they are issued and shall state clearly the
kind of goods, services or solicitation to be sold, disposed of or
contracted for, the dates of issuance and expiration of licenses,
the fee paid and the name of the licensee.
(1)
The license period for a direct sellers and solicitors'
permit shall be 90 days.
[Amended 3-20-2012 by Ord. No. 1316]
(2)
No license shall be granted to a person under 18,
and no applicant to whom a license has been refused or who has had
a license 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 applicant can show that
the reason for such rejection or revocation no longer exists.
(3)
Every licensee, while exercising his license, shall post his license in a conspicuous place and shall exhibit the same upon demand of any officer, customer, prospective customer or prospective vendor. In addition, every licensee and each person specified in Subsection C(2) above shall display and wear on his outer garment, in the upper left chest area, a merchant's identification tag at all times while such licensee or person is selling or soliciting door to door. Such merchant's identification tag shall include one of the photographs provided by the licensee or person and shall specify the person's name, license or exemption number, and date of expiration and shall otherwise be in a readily identifiable size, color and format as prescribed by the Clerk. The Clerk shall maintain the other photograph provided by the licensee or person on file.
(4)
A license shall not be assignable, and any holder
of a license who permits it to be used by any other person shall be
guilty of a violation of this section.
(5)
Whenever a license shall be lost or destroyed, a duplicate
may be issued by the Clerk upon filing 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 stated in this section.
H.
License fee. The license fee shall be paid to the
City Treasurer upon making the application for a direct seller's license
and shall be in the amount established by resolution of the Common
Council. In the case of door-to-door direct sellers, separate licenses
and license fees are required for a principal direct seller and each
person acting as an employee or agent of such principal. A direct
seller license issued under this section shall entitle the licensee
to sell as authorized in this section.
I.
Return of expired licenses and mutilation of license.
On the expiration of the license, the licensee shall return and surrender
the license to the City Clerk. No person shall alter or change any
license issued under the provisions of this section.
J.
Regulation of direct sellers.
(1)
Prohibited practices.
(a)
No direct seller or charitable organization
soliciting door to door may:
[1]
Solicit, sell or call at any dwelling before
9:00 a.m. and after 9:00 p.m.;
[2]
Solicit, sell or call at any dwelling or other
place where a sign is displayed bearing the words "No Peddlers," "No
Solicitors" or words of similar meaning or call at the rear door of
any dwelling place; or
[3]
Remain on any premises after being asked to
leave by the owner, occupant or other person having authority over
such premises.
(b)
A direct seller shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity, or characteristics of any merchandise or services offered
for sale, the purpose of such merchant's visit, such merchant's identity
or the identity of the organization such merchant represents.
(c)
A charitable organization soliciting door to
door shall specifically disclose what portion of the sale price of
the merchandise or services being offered will actually be used for
the charitable purpose for which the organization is soliciting. Said
portion shall be expressed as a percentage of the sale price of the
merchandise or services.
(d)
No direct seller 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.
(e)
No direct seller 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.
(f)
No direct seller shall allow rubbish or litter
to accumulate in or around the area in which such merchant is conducting
business, and any foodstuffs offered for sale shall be kept well covered
and protected from dirt, dust, insects and rodents.
(2)
Disclosure requirements.
(a)
After the initial greeting and before any other
statement is made to a prospective customer, a direct seller shall
expressly disclose such merchant's name, the name of the company or
organization such merchant is affiliated with, if any, and the identity
of merchandise or services such merchant offers to sell.
(b)
If any sale of merchandise or services is made
by a direct seller, or any offer for the later delivery of merchandise
or services is taken by the seller, the buyer shall have the right
to cancel said transaction if it involves the extension of credit
or is a cash transaction of more than $25, in accordance with the
procedure 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 direct seller takes a sales order for
the later delivery of merchandise, such merchant 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.
K.
Records. The Chief of Police shall report to the Clerk
all convictions for violation of this section and the Clerk shall
note any such violation on the record of the registrant convicted.
L.
Revocation of registration.
(1)
Registration may be revoked by the Administration
Committee 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.[1]
M.
Penalty. Any person adjudged in violation of any provision
of this section shall be subject to a forfeiture of not less than
the amount which would have been charged for the appropriate permit
plus $200 and not more than $1,000. Each solicitation of a resident
constitutes a separate offense punishable by a separate forfeiture
action.[2]
A.
License required. No person shall carry on or conduct
the business of wrecking or dismantling any motor vehicle or selling
parts thereof unless licensed by the City and except in accordance
with the terms and requirements of this section.
B.
Fees. The license fee shall be as provided by the
current fee schedule on file with the City Clerk. Present holders
of licenses to whom this section applies shall be given a pro rata
credit for license fees paid by them toward the license fee required
by this section.
C.
Application. Application for motor vehicle salvage
dealers' licenses shall be on forms provided by the City Clerk. The
license year shall be from July 1 to June 30.
(1)
The license application shall contain the following
information:
(a)
Name and address of applicant, length of time
a resident of the City and Milwaukee County and whether a citizen
of the United States,
(b)
Address, location and legal description of the
premises for which license is sought.
(c)
If the applicant is a partnership, association or corporation, the application shall set forth the names and addresses of the partners, officers or members together with the information required in Subsection C(1)(a) above.
(d)
A description of the type of business to be
carried on and the type and character of goods to be handled.
(e)
A plat or survey showing the boundary lines
of the premises for which the license is sought, the location and
lot line of any buildings located thereon, the type of zoning, street,
curb and sidewalk lines, building setback lines and the location and
outline of any residences, apartments, stores, businesses or industries
within 500 feet of the boundaries of such premises.
(2)
A photostatic copy of the motor vehicle salvage dealer's
license required under Subchapter VII of Ch. 218, Wis. Stats., shall
be affixed to the application.
D.
Reports required. License applications shall be referred
by the City Clerk to the Building Inspector, the Fire Chief and the
Health Officer/Public Health Administrator who shall report on the
same to the Common Council within 15 days after referral.
E.
Common Council action. Upon receipt of such reports
and upon a finding by the Common Council that the granting of the
license shall not adversely affect the public health, welfare and
safety and shall not cause a substantial depreciation of property
values in the neighborhood, the license shall be granted by the Council,
signed by the Mayor and the City Clerk and thereafter issued by the
Clerk subject to revocation as set forth herein. At the time of granting
the license, the Common Council, under Subchapter VII of Ch. 218,
Wis. Stats., shall specify the quantity and manner of storing junked
automobiles outside of buildings.
F.
Burning prohibited. No person shall burn auto bodies,
tires, upholstery or any other parts of junked automobiles.
G.
Restrictions.
(1)
Each auto salvage yard shall be fenced with a board
fence painted one color, tightly constructed, seven feet high, in
accordance with directions of the Building Inspector.
(2)
No salvage automobiles shall be stored, parked or
kept outside of the fenced area.
(3)
If there is no building on the premises, salvage automobiles
and parts thereof shall be stored or kept at least 100 feet back from
the front lot line.
H.
Premises to comply with Code and orders. All licensed
premises shall be kept reasonably clean and shall comply with all
provisions of this Code and orders of the City and its officials.
No rat harborages, sources of filth or causes of sickness or fire
hazards shall be maintained. The premises shall be open to inspection
by City police, health, fire and licensing officers during normal
business hours.
I.
Revocation of license. The license provided herein
shall be revocable at any time by the Common Council after a hearing
at which it has been found that the licensee has failed or refused
to comply with the terms and conditions of this section or lawful
orders hereafter issued. The revocation hearing shall be held by the
Council upon its own motion or upon complaint, in writing, duly signed
and verified by the complainant. Such complaint shall state the nature
of the alleged failure to comply with this section or lawful order.
A copy of the complaint together with a notice of hearing shall be
served upon the licensee not less than 10 days prior to the date of
hearing.
A.
License required. No person shall engage in the business
of buying, selling, exchanging or dealing in used or secondhand automobiles,
motorcycles and bicycles and used or secondhand tires and batteries
without first having obtained a license therefor as provided in this
section. "Business" as herein referred to shall mean the buying, selling,
exchanging or receiving into possession of automobiles, motorcycles
and bicycles or the parts thereof and used or secondhand tires and
batteries for the purpose of earning a livelihood or profit therefrom
on a full- or part-time basis.
B.
Application; fee; term.
(1)
Application. Written application for licenses to purchase,
sell or exchange used or secondhand automobiles, motorcycles, and
bicycles, used or secondhand tires and batteries and used or secondhand
parts of automobiles, motorcycles and bicycles, for a specific premises,
shall be filed with the City Clerk for presentation to the Common
Council. Licenses may be denied as to a particular location if the
physical layout of the premises or layout characteristics are such
that it is against the health, safety and general welfare of the public
to permit the operation of a secondhand motor vehicle business by
granting the license for that particular location. The following shall
be grounds for denial of a used vehicle dealer's license:
(a)
It shall have a substantial adverse effect upon
the public health of the persons living in the immediate neighborhood.
(b)
It shall have a substantial adverse effect upon
the safety of the persons living in the immediate neighborhood.
(c)
It shall cause a substantial depreciation in
the value of the property in the immediate neighborhood.
(d)
It shall have a substantial adverse effect upon
the convenience and prosperity of the immediate neighborhood.
(e)
It shall constitute a public or private nuisance.
(f)
It is not in the best interest of the community
in that it is not compatible with a good planning development of the
area.
(2)
Fees. Licenses shall not be transferable except as provided in Subsection D below, and no license shall be granted to any person who is not a full citizen of the United States. All applicants, except those applying for a license to sell used or secondhand tires, batteries or bicycles, shall have resided in Milwaukee County continuously for a period of at least one year prior to the date of filing application. The license fee for each individual premises shall be as provided by the current fee schedule on file with the City Clerk, and such licenses shall expire on June 30 after the granting thereof.
(3)
Information required. Each application for a license
shall state the following:
(a)
The name and address of the applicant.
(b)
The address and location of the premises sought
to be licensed, including the ward where situated.
(c)
Name of the person, officers and their residences,
where the applicant is an association or corporation, together with
the date of incorporation. It shall also contain the names of one
or more persons whom such corporation or association shall designate
as the manager or person in charge, with the address or addresses
of the same.
(d)
Whether the applicant, if an individual, or
the manager or person in charge of a corporation or association is
a full citizen of the United States and has resided in Milwaukee County
continuously for a period of at least one year prior to making application.
(e)
Such other reasonable and pertinent information
as the Common Council or the Administration Committee may from time
to time require.
(4)
Record. The City Clerk shall keep a record of the
progress of each application until granted or otherwise disposed of.
(5)
Investigation. Whenever any applicant for a license
shall have complied with all the conditions and regulations relative
to the filing of his application, the City Clerk shall forward the
application to the Common Council. Such application shall be referred
to the Administration Committee. The Committee shall refer all applications
to the Chief of Police, who shall investigate or cause to be investigated
each application. The Chief of Police shall furnish to the Committee
in writing the information derived from such investigation. The Administration
Committee shall report on each application to the Council, together
with its recommendation. The Common Council by a majority vote of
the members present may authorize or deny the license at any regular
meeting or special meeting.
(6)
Term. Any license granted under the provisions of
this section shall remain in force until the July 1 after its granting,
unless sooner revoked by the Common Council. It shall be attested
by the City Clerk and shall not be delivered to the applicant until
he shall produce and file with the City Clerk a receipt showing the
payment of the sum required.
C.
Issuance. Whenever the Common Council shall grant
a license pursuant to this section, the City Clerk shall give to the
applicant a certificate signed with his name, to be kept on file in
the City offices. The City Treasurer shall not receive money for any
such license from any such applicant who does not present and surrender
such certificate. However, no such certificate shall be issued by
the City Clerk to any applicant who shall not within 10 days after
such license has been granted appear or call for such license at the
City Clerk's office, and where the applicant shall fail to call for
the certificate within 10 days or pay the fee required in this section,
the license granted to such applicant shall be null and void.
D.
Transfer of license. Licenses granted under this section
may, upon authority of the Common Council and upon payment of a fee
as provided by the current fee schedule on file with the City Clerk,
be transferred from one premises to another within the City, but no
license shall be transferred more than once in any one license year.
The application and proceedings for such transfer shall be made and
had in the same manner and form as the original application; provided,
however, that no such license shall be transferred from one location
to another in any ward or from one ward to another unless the local
Alderman affected by the transfer shall have notice of the transfer
or shall have given his written consent.
E.
Daily report to police. All licensees under this section
shall make a daily report to the Chief of Police of all used or secondhand
automobiles, motorcycles and bicycles bought, exchanged or traded
in and of all used or secondhand parts of automobiles, motorcycles
and bicycles bought by the licensee during the preceding day. Each
such report shall include a full and complete description of such
used or secondhand automobiles, motorcycles and bicycles or used or
secondhand automobile, motorcycle, and bicycle parts and in addition
thereto, wherever available, the motor number, factory, body number,
color type, model and other marks of identification and the date of
purchase or trade, together with the names of persons involved in
the transaction.
F.
Records to be kept on trade-ins. Every person, firm
or corporation engaged in the business of buying, selling or exchanging
or trading in used or secondhand automobiles, motorcycles and bicycles
and every person, firm or corporation engaged in the business of buying
or selling new automobiles, motorcycles and bicycles shall make a
daily report of all used or secondhand automobiles, motorcycles and
bicycles bought, exchanged or traded in and of all used or secondhand
parts of automobiles, motorcycles and bicycles bought by each such
person, firm or corporation during the preceding day. Each such report
shall specify a full and complete description of such used or secondhand
automobiles, motorcycles and bicycles or used or secondhand automobile,
motorcycle, and bicycle parts and in addition thereto, wherever available,
the motor number, factory, body number, color, type, model, and other
marks of identification and the date of purchase or trade, together
with the names of persons involved in the transaction. Such reports
shall be kept for a period of two years.
G.
Record to be kept on sales. All persons licensed to
buy, sell, exchange or trade in used or secondhand automobiles, motorcycles
or bicycles shall record before delivery of the same to the purchaser
the following information concerning the automobile sold, bearing
the signature of the seller or an authorized representative of the
same:
(1)
Motor number.
(2)
Serial number of chassis.
(3)
Model and style.
(4)
Purchase price.
(5)
Carrying charges.
(6)
Amount and number of installment payments, including
carrying charges.
(7)
Year of car as specified in red book national used
car market report or supplements thereof, or NADA or supplement thereto.
(8)
Whether the automobile, motorcycle or bicycle sold
or intended to be sold has been in use as a public hack or taxicab
or has been operated in the service of any law enforcement agency
of any state, city, town or village.
H.
Dealers to put brakes in order. No person, firm or
corporation engaged in the business of buying, selling, exchanging
or dealing in used or secondhand automobiles and motorcycles shall
sell, exchange or trade any secondhand automobile or motorcycle unless
such vehicle shall be equipped with brakes adequate to control the
movement of and to stop and to hold such vehicle, including two separate
means of applying the brakes, each of which means shall be effective
to apply the breaks to at least two wheels, except that a motorcycle
need be equipped with only one brake. All such brakes shall be in
good condition and shall be considered efficient if the vehicle can
be stopped under normal conditions within 50 feet when traveling at
a rate of speed of 20 miles per hour. Brakes on a power-driven cycle
shall be capable of bringing such vehicle to a stop within 35 feet
when traveling at a speed of 20 miles per hour with a one-hundred-fifty-pound
rider and on a level, dry, hard surface free from loose material and
with no wind.
I.
No sale on Sundays and holidays. No person dealing
in motor vehicles and motorcycles shall sell, barter, exchange, demonstrate
or loan any motor vehicle or motorcycle, whether new or secondhand,
on Sundays or on New Year's Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day or Christmas Day, or keep open such place of
business on those days.
[Amended 7-1-2008 by Ord.
No. 1259]
J.
Limit of spacing of vehicles. At all times, there
shall be a minimum of three feet between the sides of vehicles, as
measured from center of wheel to center of wheel, and two feet from
the front or rear of a vehicle to another vehicle. If vehicles are
not parked in a straight line where this is impossible of measurement,
there shall at all times be a minimum of three feet between any vehicles.
A.
License and permit required. No person shall within
the City place, install or permit to be installed or placed for use
by the public or any person any coin-operated vending machine without
first having obtained a license and permit as provided in this section.
B.
COIN-OPERATED VENDING MACHINE
DISTRIBUTOR
INDIVIDUAL OPERATOR
PREMISES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A machine or device so constructed or installed so that upon
the insertion of a coin in the slot of the machine a product is dispensed.
A person who leases, rents or places with others for use
or operation one or more coin-operated vending machines in the City.
A person who has one or more coin-operated vending machines
on his premises.
The place or places where coin-operated vending machines
are kept for use by others than the operator and his immediate family.
It includes locations owned, leased by or under the control of such
persons.
C.
Fees. The fee for a coin-operated vending machine
permit shall be as provided by the current fee schedule on file with
the City Clerk. There shall be no charge for an individual operator's
license or for each premises. No fee shall be charged for any vending
machine that sells or dispenses a product for $0.01.
[Amended 7-1-2008 by Ord.
No. 1259]
D.
Qualification for license. No individual operator's
license shall be granted to any person or copartner not of good moral
character, a citizen of the United States and a resident of Milwaukee
County for at least two years prior to filing the application.
E.
Application for operator's license. All licenses shall
be approved by the Common Council. The application for an individual
operator's license shall be in writing on a form furnished by the
City Clerk and shall state that such application for a license is
not made for and on behalf of any other person, that the applicant
is not acting as an agent for or in the employ of another and such
other information as is required by law pertaining to the past history
of the applicant. The application shall be subscribed and sworn to
before a notary public or other person authorized by law to administer
oaths and shall be filed with the City Clerk along with payment of
the license fee.
F.
Application for permit. Application for a permit for
a coin-operated vending machine shall be in writing on a form furnished
by the City Clerk and shall be subscribed and sworn to before a notary
public or other person authorized to administer oaths. The form shall
provide for the name of the owner or distributor. The permit or other
symbol shall be delivered to the applicant by the City Clerk upon
payment of the required permit fee, and such permit or symbol shall
be securely fastened to the machine so licensed and shall bear the
number corresponding to the number of the permit application and the
description of the machine in the permit application.
G.
Transfers. No transfer from person to person of a
distributor's or individual operator's license shall be permitted.
H.
Revocation. Upon conviction of the holder of any license
or vending machine permit for violation of any provisions of this
section, the license or permit to operate such machines may be revoked
by Common Council resolution and the offending coin machine permit
or symbols shall be seized and returned to the City Clerk with a certificate
including the name and address of the licensee or permittee, the numbers
of the licenses or permits, the date of the conviction and the description
of the offense. No stay of execution by the court shall operate as
a continuance of the license or permit, but a reversal of the judgment
of conviction upon appeal and the filing of a certified copy of such
judgment of appeal and reversal with the City Clerk shall operate
as a reinstatement of the distributor's license or coin machine permit,
and the City Clerk shall thereupon return to the licensee or permittee
the license or symbol. The court may suspend or revoke such permit
if there if a conviction for any violation of this section for up
to one year from date of conviction.
[Amended 7-1-2008 by Ord.
No. 1259; 6-5-2018 by Ord. No. 1430]
A.
PERSONAL PROPERTY
RUMMAGE SALE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Property which is owned, utilized and maintained and acquired
in the normal course of residential living or in maintaining a residence.
It does not include merchandise which was purchased for resale or
obtained on consignment.
Any general sale held open to members of the public (regardless of whether any admission fee is charged) that is conducted from or on a residential premises, as defined in Chapter 455, Zoning, of this Code, that is conducted by one or more families in a neighborhood for the purpose of disposing of personal property irrespective of whether the sale is advertised or referred to as a "rummage," "estate," "lawn," "moving," "yard," "porch," "room," "backyard," patio," "flea market" or "garage" sale.
B.
(Reserved)
C.
Property permitted to be sold. No person shall sell or offer property
other than personal property for sale at a rummage sale.
D.
Limitations.
(1)
Rummage sales shall only be conducted between 8:00 a.m. and 8:00
p.m.
(2)
No more than four rummage sales may be conducted from any one premises
during any calendar year.
(3)
No rummage sale shall last longer than four consecutive days.
(4)
Rummage sales shall only be conducted in the following areas on the
premises: driveway, garage, basement, front or rear yard, or an interior
portion of the seller's home.
E.
Advertising signs.
(1)
Not more than one sign per lot shall be used to advertise a rummage
sale, except that on a corner lot two signs are allowed, one facing
each street.
(2)
No sign advertising a rummage sale shall exceed 12 square feet in
area, and such sign shall be located not less than eight feet from
the nearest lot line.
(3)
Signs may only be placed upon the property of the residence where
the sale is being held or upon other residential property with permission
of the owner or other person in charge of such, at the time of the
sale.
(4)
No sign advertising a rummage sale shall be placed within the area
of any public lands or right-of-way.
(5)
No sign placed in conjunction with a rummage sale may be displayed
for more than five days and all such signs shall be removed within
24 hours of the end of the rummage sale.
Sections 134.65 and 134.66, Wis. Stats., as
they may be amended from time to time, are hereby incorporated by
reference as though set forth in full, and no person shall in any
manner, or upon any pretense, or by any device, directly or indirectly
sell, expose for sale, possess with intent to sell, exchange, barter,
dispose of or give away any cigarettes or tobacco products without
first obtaining a license herein. The fee for such license shall be
as provided by the current fee schedule on file with the City Clerk.
A.
No person shall go from place to place within the
City of St. Francis selling ice cream, ice cream products, soft drinks
or related products at retail without first having obtained a license
therefor as hereinafter provided.
B.
Any person desiring to engage in business as aforesaid
shall obtain a license application form and file the completed application,
together with the proper fee, with the City Clerk who shall then issue
the proper license.
C.
The license fee shall be as provided by the current
fee schedule on file with the City Clerk if the licensee shall conduct
his business on foot or use a cart or wagon not propelled by any mechanical
bicycle, which is mechanically propelled. All licenses issued hereunder
shall automatically expire on June 30 following the date of issuance
of such licenses.
D.
A license issued hereunder shall entitle the licensee, and no other, to go from place to place within the City selling the products mentioned in Subsection A hereof, and said license must be in the possession of the licensee at all times while he is so engaged. However, any licensee who holds a valid license which permits the use of a mechanically propelled vehicle as hereinbefore provided may employ not more than five persons under the age of 18 years, residents of the City of St. Francis, who shall work under and subject to the direction of the licensee, in the licensee's business, provided that a license is first obtained for each such person from the City Clerk, at a fee of as provided by the current fee schedule on file with the City Clerk, and provided further that such person may not use any mechanically propelled vehicle. Any music played from any mechanically propelled vehicle or cart shall stop when the vehicle or cart stops and shall not be played between the hours of 9:00 p.m. and 8:00 a.m. The principal licensee shall be responsible for the acts of such persons licensed under him, including any violations of this section or any ordinance of the City of St. Francis.
E.
This section and the license herein required shall
be subject to the provisions of § 440.51, Wis. Stats., as
the same relate to disabled ex-soldiers of the United States.
[Amended 7-1-2008 by Ord.
No. 1259]
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code, except where another penalty is provided herein.
