City of Burlington, WI Chapter 254 Sales

[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 12.05, 12.12, 12.16 and 12.30 of the 1988 Code. Amendments noted where applicable.]

§ 254-1 Direct sellers. [1]

[Added 11-6-2024 by Ord. No. 2118(8)]

A. Findings and purposes. This section is based on the following findings and purposes:

(1) The City finds that persons and organizations have been visiting and continue to visit private residential properties, as well as privately owned businesses, for the purpose of selling goods and/or services.

(2) The City has a substantial interest in protecting the community by collecting sufficient information to ensure that persons, without permanent ties to the area, who are engaged in direct selling are identifiable and accountable to the public.

(3) The City has a substantial interest in protecting individuals' safety and privacy by reasonably limiting the hours of direct selling and requiring registration in a content neutral manner.

(4) The City has a substantial interest in allowing individuals to determine their level of comfort with privacy and whether or not they want to receive solicitations for direct sales.

(5) Noncommercial speech is entitled to broader protection under the 1st Amendment to the United States Constitution than commercial speech, affording the City a greater ability to regulate commercial speech than noncommercial speech.

(6) All of these goals and interests may properly be served by this narrowly tailored regulation which requires direct sellers to register prior to soliciting within the City, reasonably limits the hours of activities and prohibits solicitation of occupants on property where residents have enrolled in the City's "do not solicit" registry, or have a posted sign prohibiting such activities.

(7) This section furthers the City's substantial interest in balancing free speech and expression with the health, safety and welfare of the residents of the City.

B. Registration required. No direct seller shall engage in direct sales within the City without being registered as provided herein.

C. Definitions. As used herein, the following words and phrases are defined as follows:

CHARITABLE ORGANIZATION

An organization that is described in Section 501(c)(3) of the Internal Revenue Code[2] and that is exempt from taxation under Section 501(a) of the Internal Revenue Code,[3] or an organization that is or purports to be established for a charitable purpose as defined herein.

CHARITABLE PURPOSE

Any of the following:

(1) A purpose described in Section 501(c)(3) of the Internal Revenue Code.

(2) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective.

(3) The purpose of a school club or school group, recognized and affiliated with a public or private school, having a program that includes fundraising campaigns to support the public or private club or group.

CLERK

The City Clerk.

DIRECT SELLER

Any person who sells goods or services or takes orders for the later delivery of goods or services at any location other than that of a permanent merchant.

GOODS

Includes personal property of any kind and shall include goods provided incidental to services offered or sold.

PERMANENT MERCHANT

A direct seller who, for at least one year prior to the consideration of the application of this section to such merchant, has continuously:

(1) Operated an established place of business in the City; or

(2) Resided in the City and now does business from a residence, if allowed by Chapter 315 of the City's Municipal Code pertaining to zoning.

[2] Editor's Note: See 26 U.S.C. § 501(c)(3).

[3] Editor's Note: See 26 U.S.C. § 501(a).

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

(1) Any sale required by statute or by order of any court or any person conducting a bona fide auction sale pursuant to law.

(2) 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 or United States Constitution.

(3) Products or services exempted by statute.

(4) Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within the City and who delivers such goods in the regular course of business.

(5) Any person who has an established place of business where the goods 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, such 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 City resident under the age of 19 who engages in direct sales for or on behalf of a charitable organization provided that (a) the person engaged in direct sales is not paid for such services and remits all proceeds from sales to the charitable organization, and (b) proof is submitted to the Clerk that such charitable organization is registered by the state or a letter from a public or private school administrator is provided that acknowledges the school affiliation of the school club or group and its program that includes fundraising campaigns to support the public or private school club or group.

E. Registration.

(1) Applicants for registration as a direct seller must complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:

(a) Name, permanent address, telephone number, and temporary address, if any, of the applicant.

(b) Age, height, weight, and color of hair and eyes of the applicant.

(c) Name, address and telephone number of the person, firm, association or corporation or other entity that the applicant represents or is employed by or whose merchandise is being sold.

(d) Temporary address and telephone number from which business will be conducted, if any, of the applicant.

(e) Nature of business to be conducted and a brief description of the goods offered and any services offered.

(f) Proposed method of delivery of goods, if applicable.

(g) Make, model and license number of vehicles to be used by the applicant in the conduct of the business.

(h) Cities, villages, and towns, not to exceed three, where the applicant most recently conducted similar business.

(i) Statement as to whether the applicant has been convicted of any crime or ordinance violation substantially related to the applicant's business within the last five years, the nature of the offense and the place of conviction.

(2) Applicants shall present to the Clerk for examination and copying:

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

(b) A certificate of examination and approval from an inspector or sealer of weights and measures from the Wisconsin Department of Agriculture, Trade and Consumer Protection where the applicant's business requires use of weighing and measuring devices.

(c) A current seller's permit issued by the Wisconsin Department of Revenue.

(3) At the time a complete registration form is returned, a fee as set by the Common Council shall be paid to the Clerk to cover the cost of processing the application and the background investigation.

(4) At the time a complete registration form is returned the applicant shall also sign a statement appointing the Clerk as 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 if the applicant cannot, after reasonable effort, be served personally.

(5) Upon payment of the fee and signing of the statement, the Chief of Police shall conduct a background investigation into the application to determine compliance with this section pursuant to Subsection F below. Said background investigation shall be completed within three business days of referral from the Clerk or the application shall be deemed approved. If said background investigation is timely completed, the Clerk shall determine whether to approve the application within two business days or the application shall be deemed approved.

F. Background investigation.

(1) Upon receipt of each application, the Clerk shall immediately refer it to the Chief of Police, who shall make and complete an investigation of the statements made in such registration. Such investigation shall be completed within 72 hours, excluding Saturday, Sunday and holidays.

(2) Upon the recommendation of the Chief of Police based upon the results of a timely background investigation, the Clerk may refuse to register the applicant if it is determined, pursuant to the investigation above, that:

(a) The application contains any material omission or materially inaccurate statement, or the required documentation was not provided.

(b) The applicant's license, permit or registration to engage in direct sales was revoked by one or more authorities in the last three cities, villages and towns in which the applicant conducted similar business.

(c) The applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is substantially directly related to the applicant's fitness to engage in direct selling.

(3) The Clerk's determination to refuse the registration shall be reduced to writing setting forth the reasons for the decision ("initial determination").

G. Appeal. Any person denied registration may appeal the initial determination through the appeal procedure under the provisions of §§ 68.07 through 68.16, Wis. Stats.

H. Regulation of direct sellers.

(1) No person shall do any of the following upon visiting any business or residence in the City:

(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 any person 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 9:00 p.m.

(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 or side 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 City after the expiration or revocation of the permit.

(g) Knowingly provide false information in the submission of any application or registration under this article.

(h) Trespass on residential property that has been listed on the "do not solicit for commercial sales registry (do not solicit registry)" by the owner or person in possession of that property as a property on which direct sellers may not enter for purposes of engaging in commercial speech of any kind. The do not solicit registry shall be maintained by the City and be provided to all direct sellers and solicitors who wish to determine whether they have consent to visit certain private residences and other properties for purposes of engaging in commercial speech. It shall be maintained on the City's website and updated weekly.

(i) Make any loud noises or use any sound amplifying devices to attract customers if the noise is capable of being plainly heard outside a 100-foot radius of the source.

(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 his/her name, the name of the company or organization the direct seller is affiliated with, if any, and the identity of goods or services being offered.

(b) If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods 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 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 goods, 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.

I. 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.

J. Revocation of registration.

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

(2) Written notice of the hearing shall be served personally 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.

K. Severability. If any section, subsection, sentence or phrase of this section shall be held invalid, illegal, unenforceable, or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this section.

L. Conflicting ordinances. All ordinances or parts of ordinances conflicting with the provisions of this section are hereby and to such extent repealed.

[1] Editor's Note: Former § 254-1, Direct sellers, as amended 11-7-1990 by Ord. No. 1321(23); and 11-18-2003 by Ord. No. 1740(20), was repealed 8-20-2024 by Ord. No. 2115(5).

§ 254-1.1 Weights and measures.

[Added 11-18-2003 by Ord. No. 1739(19)[1]]

A. Purpose. This section adopts the State of Wisconsin Weights and Measures Regulations and establishes a Weights and Measures Program wherein any person or entity subject to said regulations must obtain a license in order for the City to comply with and recoup the costs of enforcing said regulations. This section is adopted pursuant to the provisions of Chapter 98, Wis. Stats.

B. Application of state codes. Except as otherwise specifically provided in this section, the provisions of Chapter 98, Wis. Stats., Weights and Measures, and Chapters ATCP 90, 91 and 92 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this section as though fully set forth herein. Any act required to be performed or prohibited by any statute or code incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes and codes incorporated herein are intended to be made a part of this section.

C. State contract; appointment of inspectors; compliance required.

(1) State contract. In order to assure compliance with the requirements of the State of Wisconsin related to the inspection and certification of weights and measures, the City shall contract with the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, pursuant to § 98.04(2), Wis. Stats., in lieu of the establishment of a department of weights and measures.

(2) Appointment of inspectors. The provisions of the contract set forth in Subsection C(1) shall provide for the enforcement of the statutes and regulations set forth herein, and the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.

(3) Compliance required. All persons and entities required to be licensed hereunder shall comply with the enforcement of the statutes and regulations set forth herein, shall comply with the orders and inspections of the inspectors appointed herein, and shall comply with the licensing requirements set forth herein.

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

WEIGHTS AND MEASURES

Weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories used with any or all such instruments and devices, except meters for the measurement of electricity, gas (natural and manufactured) or water when the same are operated in a public utility system. Weights and measures shall include devices used or employed in establishing the size, quantity, extent, area or measurement of quantities, things, produce or articles for sale, hire or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure and shall include, but not be limited to, commodities, liquid measuring devices, scales, weighing, measuring and price verification systems, timing devices and linear measuring devices.

WEIGHTS AND MEASURES PROGRAM

The program that includes administration and enforcement of this section, Chapter 98, Wis. Stats, applicable Wisconsin Administrative Code provisions, and any related actions.

E. Weights and measures license required.

(1) License requirements. Except as provided in Subsection E(2), no person or entity shall use, operate or maintain any commercial weights and measures as defined in this section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.

(2) Exemptions. Sales by a person registered as a direct seller or by a holder of a farmer's market, vendor vehicle or special event permit are exempt from licensing under this section, but if any person exempted herein is required by the state to hold a state certificate of examination by the Sealer of Weights and Measures, a copy of said certificate shall be provided to the City with his or her application for direct seller registration or a farmer's market, vendor vehicle or special events permit.

F. Types of licenses.

(1) There shall be five classes of licenses that shall correspond to the type of the business regulated by the weights and measures program and the amount of time necessary for inspection of the weights and measures of that business. The fee for the license shall be uniform for all classes of licenses, in an amount set by the Common Council, and shall not exceed the cost of administering the weights and measures license program.

(2) The classes of licenses shall be:

(a) Class 1, which shall cover large grocers (more than two check-out points).

(b) Class 2, which shall cover large gas stations (more than 12 fuel meters) and large retailers (more than two check-out points).

(c) Class 3, which shall cover businesses that operate vehicle scales, LPG meters and vehicle tank meters, small gas stations (12 or fewer fuel meters), and small grocers (two or fewer check-out points).

(d) Class 4, which shall cover small retailers (two or fewer check-out points); and

(e) Class 5, which shall cover laundromats and small businesses not elsewhere classified.

(3) If a person or entity falls into more than one category, the person or entity shall be required to obtain the higher classification of license.

G. Application for license. An application for a weights and measures license shall be made in writing on a form provided by the City Clerk and shall be signed by the owner of the commercial business or by its authorized agent. Such application shall state the type of the business, the type and number of weighing, measuring and scanning devices used by the business, the location of the devices, the number of check-out lanes present on the premises, the applicant's full name, post office address and telephone, and whether such applicant is an individual, partnership, limited liability company, corporation or other entity. If the applicant is a partnership, the application shall state the names and addresses of each partner. If the applicant is a corporation or limited liability company, the application shall state the names and addresses of all officers and agents of the applicant, including the registered agent thereof.

H. Issuance of licenses and fees. Upon compliance with this section, the City Clerk shall determine the class of license to be issued and shall issue a license to the applicant upon payment of the annual license fee set by the Common Council. Each store or other business shall require a separate license.

I. License term.

(1) A license issued under this section shall expire on June 30 of each year. Except as provided in Subsection I(2), the license fee shall not be prorated for a partial year.

(2) The initial license issued to businesses existing on the effective date of this section shall be for six months, effective on January 1, 2004, and expiring on June 30, 2004, and the license fee shall be prorated.

J. Enforcement for nonrenewal. It shall be the duty of the City Clerk to notify appropriate City officials and to order the immediate enforcement of the provisions of this section in cases involving a failure to renew a weights and measures license. A licensee shall be prohibited from engaging in any business involved in weights and measures until such time as a valid license has been obtained under the provisions of this section.

K. Fees assessment.

(1) Annual assessment. In addition to the cost of the license, the Common Council shall annually assess fees to each licensee based on the class of license it holds. The total of the fees assessed and collected under this subsection shall not exceed the actual costs of the weights and measures contract between the City and the state.

(2) Clerk to prepare assessment schedule. The City Clerk shall at least annually prepare a proposed schedule of assessments for each class of license, which shall be based upon the state contract changes, to be submitted to the Common Council. A copy of the proposed schedule together with notice of the date and time at which the Common Council will consider the assessments shall be mailed to each licensee.

(3) Common Council to determine assessment. At least ten days after the mailing set forth in Subsection K(2), the Common Council shall consider the Clerk's proposed schedule of assessments and determine the schedule of assessments on a reasonable basis. The City Clerk shall mail to each licensee an invoice for the amount of the fee assessment to the licensee as determined by the Common Council, and each licensee shall pay the fee assessed within 30 days after the date the notice was mailed.

(4) Failure to pay assessment. If the assessed fee is not paid within 30 days of the date of the mailing of the invoice an additional administrative collection charge of $20 shall be added to the amount due, plus interest shall accrue on the assessment at the rate of 1.5% per month or fraction thereof until paid. To the extent permitted by law, if the licensee is the owner of the real estate where the licensed business is located, any delinquent assessment shall be extended upon the current or the next tax bill as a special charge against the real estate premises for current services. No license shall be issued or renewed under this section if the licensee is delinquent in the payment of a fee assessed under this section.

(5) Mailing of notices. Schedules, notices and invoices shall be considered mailed to a licensee when mailed by first class mail, postage prepaid, to the licensee at the licensee's address as shown on the application form.

(6) Change of ownership. If the ownership of a commercial business licensed under this section is transferred during a license year, the owner of the business as of July 1 of the license year shall be liable and responsible for the payment of the fees assessed under this section.

L. Violations. In addition to any other remedy, any person who fails to comply with the provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, § 1-4, of this Municipal Code. Each day a violation exists or continues shall constitute a separate offense.

[Amended 8-19-2008 by Ord. No. 1868(10)]

[1] Editor's Note: This ordinance also ordained that: "the initial partial license year shall commence on January 1, 2004, and the first full license year shall commence on July 1, 2004."

§ 254-2 Vendor vehicle permit.

[Amended 4-7-1993 by Ord. No. 1418(34)]

A. Vendor vehicle permit. No person, except farmers and truck gardeners lawfully permitted to sell homegrown produce within a designated farmers' market as provided in § 254-3, shall park or maintain upon the public streets, sidewalks or parking lots any pushed, pedaled, pulled or motorized vehicle from which any goods, wares or merchandise shall be sold while such vehicle is parked on such public street, sidewalk or parking lot unless a permit therefor has been obtained as hereinafter provided.

B. Application.

(1) Any person desiring a permit under this section and who is registered or also applying for registration as a direct seller shall make an application on forms provided by the City Clerk and shall state:

(a) Name and address of the person desiring the permit.

(b) A description of the vehicle from which sales will occur.

(c) A description of the articles to be sold.

(d) Location or locations where the applicant desires to park for the purpose of sales.

(2) Any person desiring a permit under this section and who is not registered or also applying for registration as a direct seller shall make an application on forms provided by the City Clerk and shall state:

(a) Name, permanent address, telephone number, and temporary address, if any, of the person desiring the permit.

(b) Date of birth, height, weight, and color of hair and eyes.

(c) Name, address and telephone number of the person, firm, association or corporation that the vendor represents or is employed by or whose merchandise is being sold.

(d) A description of the vehicle from which sales will occur.

(e) A description of the articles to be sold.

(f) Location or locations where the applicant desires to park for the purpose of sales.

(g) If required by the state, a copy of the applicant's current Wisconsin Seller's Permit shall be provided.

[Added 11-18-2003 by Ord. No. 1740(20)]

(3) Upon receipt of each application, the Clerk shall refer it immediately to the Chief of Police who shall, within two working days, review the application to determine if there shall be any restrictions imposed pursuant to Subsection E(2).

C. Permit fees shall be as set by the Common Council.[1]

[1] Editor's Note: See Fee Schedule on file at the City Clerk's office.

D. Granting of permit. Permits shall be granted by the City Clerk upon payment of the fee and shall be valid for one year from the date of issue. Permits may be revoked at any time by the Council.

E. Regulation.

(1) No vehicular vendor shall impede the free use of public streets, sidewalks and parking lots by pedestrians and vehicles, and all traffic and parking regulations shall be observed.

(2) The Chief of Police shall have authority to designate or limit to the permittee, if necessary, the streets and locations on such streets where the permittee may operate or park his vehicle for business purposes, taking into consideration conditions of traffic, rights of abutting property owners, etc. The permittee shall be notified in writing of restrictions imposed by the Chief of Police under this subsection, and such restrictions may be modified at any time as conditions warrant.

(3) On the day of the Chocolate City Parade, no holder of a vendor vehicle permit shall park or maintain upon the public streets, sidewalks or parking lots any pushed, pedaled, pulled or motorized vehicle from which any goods, wares or merchandise shall be sold along the route of, or within the area barricaded for, the Chocolate City Parade unless such vendor also obtains a special sales within barricaded areas permit as provided under § 254-5.

F. Appeal. Any person whose parking location is limited by the Chief of Police pursuant to Subsection E(2) may appeal such restriction to the Common Council by filing a written statement within 14 days after the date the restriction was imposed setting forth the grounds for appeal. The Common Council shall notify the permittee at least five days prior to the hearing date of the date and time set forth for the hearing, such notice to be sent to the address given by the permittee in his statement of appeal or served personally on the permittee.

[Amended 11-18-2003 by Ord. No. 1740(20)]

§ 254-2.1 Mobile food vendors.

[Added 8-7-2018 by Ord. No. 2036(2)]

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

MOBILE FOOD VEHICLE

A motorized vehicle (hereinafter referred to as a "food truck" and/or "mobile food vehicle") which may temporarily park in an area designated by this chapter and engage in the service, sale, or distribution of ready-to-eat food for individual portion service to the general public directly from the vehicle upon issuance of a vendor vehicle permit by the City Clerk and conformance with the regulations established by this chapter.

MOBILE FOOD VEHICLE VENDOR

The registered owner of a mobile food vehicle or the owner's agent or employee are referred to in this chapter as "Vendor."

PUSHCART

A wheeled cart, specifically designed and used for keeping, storing, or warming food or beverages for sale by a mobile food vehicle vendor, which may be moved by one person without the assistance of a motor.

B. Permit required.

(1) It shall be unlawful for any person to do any of the following within a public right-of-way or on public property in the City of Burlington without first having obtained a valid vendor vehicle permit as prescribed in this chapter:

(a) Operate a mobile food vehicle or pushcart;

(b) Serve, sell, or distribute food from a mobile food vehicle or pushcart;

(c) Cook, wrap, package, process, or portion food in a mobile food vehicle or pushcart for service, sale, or distribution.

C. Permit application; regulation.

(1) Any person desiring to operate a mobile food vehicle or pushcart will make written application for a vendor vehicle permit to the City Clerk's office. The application for such permit shall be on forms provided by the City Clerk's office and will include all of the following:

(a) The name, signature, and address of each applicant and of each member or officer of a corporate applicant.

(b) Vehicle registration and a description, including make, model, vehicle identification number (VIN), and license plate, of the mobile food vehicle.

(c) A valid copy of all necessary licenses, permits or certificates required by the County of Racine, the State of Wisconsin, or any subsidiary enforcement agencies or departments thereof, including but not limited to valid proof of registration for the vehicle and driver's licenses for all operators.

(d) Any additional information deemed necessary by the City Clerk to determine if issuance of a mobile food vending permit to a particular applicant would be in the best interest of the public.

(2) Upon receipt of an application for a vendor vehicle permit, the Clerk may conduct a background check and may refer to the Chief of Police, or his or her designee, who may make and complete an investigation of the statements made in such registration. Any such investigation will be completed as soon as practicable. The City Clerk may refuse to register the applicant if any of the following is determined:

(a) The application contains any material omission or materially inaccurate statement;

(b) The applicant is not eligible to have the vendor vehicle permit under the provisions of § 111.321 et seq., Wis. Stats., or any other applicable statute(s);

(c) The applicant failed to comply with any requirement of § 254-2.1C.

(3) A permit issued under this section shall be valid for a period of one year, unless suspended or revoked for cause, and shall not be assignable or transferable.

(a) Each vendor vehicle permit will expire on January 1 of each year.

(b) A vendor vehicle permit is not transferable from person to person.

(c) A vendor vehicle permit is valid for one vehicle only and is not transferable. A separate permit shall be obtained for each vehicle used by the mobile food vehicle vendor.

(d) The vendor vehicle permit will be permanently and prominently affixed to the mobile food vehicle.

(e) Permit fees, late fees and renewal fees shall be paid in accordance with the fee schedule set by resolution of the City Council.

D. Regulations.

(1) No person shall park, stop, or operate a mobile food vehicle or pushcart, nor shall any vendor vehicle permit any person to park, stop or operate a mobile food vehicle or pushcart in a location adjacent to or within a one-hundred-foot radius of the nearest edge of any building or section of a building comprising a licensed food establishment, excluding any patio, awning, or temporary enclosure attached thereto, the kitchen of which is open for serving food to patrons. This requirement may be waived if the most recent application for a vendor vehicle permit was submitted together with the written consent of the proprietor of the adjacent licensed food establishment.

(2) The customer service area for mobile food vehicles shall be on the side of the truck that faces a curb, lawn or sidewalk when parked. No food service shall be provided on the driving lane side of the truck. No food shall be prepared, sold or displayed outside of a mobile food vehicle.

(3) All vendors will abide by all parking and traffic laws, ordinances, statutes, rules, and regulations at all times, except that a mobile food vehicle that is of such a length that it occupies all or a portion of two marked parking spaces may park in said spaces so long as it abides by all other parking restrictions.

(4) All mobile food vehicle units must maintain a distance of 10 feet from the nearest edge of any building, vehicle and combustible materials and two feet from the curbs. All vendors will maintain any legally required distances from crosswalks, curb cuts, sidewalk benches, bike racks, bus shelters and stops and other obstructions. The vendor is required to set up the mobile food vehicle, arrange for waiting on customers and have customers line up in a way that avoids conflict between customers and the traveling public, including pedestrians, parked vehicles and moving vehicles. A clearance of not less than five feet wide will be maintained on any public sidewalk upon which a pushcart is located. Mobile food vehicles are not permitted on public sidewalks.

(5) Mobile food vendors are allowed in City parking lots only as part of an approved special event or upon approval by the Common Council. Mobile food vendors are allowed adjacent to or within City parks with Park Board approval, but shall not park, stop, or operate a mobile food vehicle or pushcart, nor permit any person to park, stop, or operate a mobile food vehicle or pushcart, in a location adjacent to or within a one-hundred-foot radius of the nearest edge of any building or section of a building located in a City park that sells food or beverages.

(6) A person with a valid driver's license of such a classification to allow the operation of the mobile food vehicle shall be with the vehicle at all times that any activity is taking place in the mobile food vehicle. The vendor is liable for any violation of this subsection.

(7) On the day of the Chocolate City Parade, no holder of a vendor vehicle permit shall park or maintain upon the public streets, sidewalks or parking lots any pushed, pedaled, pulled or motorized vehicle from which any goods, wares or merchandise shall be sold along the route of, or within the area barricaded for, the Chocolate City Parade unless such vendor also obtains a special sales within barricaded areas permit as provided under § 254-5.

(8) All mobile food vehicle vendors shall provide a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off site by the operators at least each day and as often as is reasonable to protect the public health, safety, and welfare. Spills of food or food by-products shall be cleaned up by the vendor, and no dumping of gray water within the City shall be permitted.

(9) A valid food establishment permit issued by the State of Wisconsin or any other competent health department for any mobile restaurant or mobile retail food establishment which chooses to operate within the jurisdiction of the Central Racine County Health Department will be honored by the Central Racine County Health Department. The mobile food establishment will be required to be inspected by the health department and to satisfy the relevant provisions of Ch. ATCP 75, Wis. Adm. Code. In addition, the mobile food establishment shall pay an inspection fee for this inspection.

(10) The mobile food establishment will be required to be inspected by the City of Burlington Fire Department for the purpose of ascertaining and causing to be corrected any conditions or any violations of any law or ordinance relating to fire and life safety hazards. The mobile food establishment shall pay any applicable inspection fee for this inspection. The City of Burlington Fire Department shall also have the right to conduct on-site inspections when the mobile food vehicle is operational. A certificate of compliance shall be permanently and prominently affixed to the mobile food vehicle.

(11) Any power or fuel required for the mobile food vehicle shall be self-contained, and a mobile food vehicle shall not use utilities drawn from the public right-of-way. Mobile food vehicles on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. All power sources must be self-contained. No power cable or equipment shall be extended at or across any City street, alley or sidewalk.

(12) Mobile food vehicle or pushcart vending hours on public property and public rights-of-way are from 8:00 a.m. to 9:00 p.m. (Sunday through Thursday) and from 8:00 a.m. to 10:00 p.m. (Friday and Saturday). Mobile food vehicles must be closed, the area cleaned and the mobile food vehicle removed by the time specified. Mobile food vehicle vending hours are not restricted on private property locations.

(13) Nothing in this chapter shall be deemed to supersede or repeal any ordinance relating to noise, park closing hours, or parking, except as specifically provided in this chapter. Vendors will take every precaution to ensure that their operations do not materially affect the peace and welfare of the general public nor cause any unreasonably loud, disturbing and unnecessary noise or any noise of such character, intensity or duration as to be detrimental to the life or health of any individual or which is in the disturbance of public peace and welfare, and/or which creates a nuisance.

E. Specified locations of operation.

(1) Mobile food vendor parking in designated City-owned or -controlled property will be allowed to be operated on a first-come-first-served basis within designated vending locations as described in this chapter, identified in effect at all times unless otherwise expressly approved by the City of Burlington or permitted in conjunction with a special event:

(a) Public parking on the south side of Industrial Drive between Brookview Avenue and Krift Avenue in the Burlington Industrial Park

(b) Cul-de-sac at the end of Blackhawk Drive in the Burlington Manufacturing & Office Park

F. Suspension and revocation.

(1) A vendor vehicle permit may be suspended or revoked by the City Clerk, or the Chief of Police, if the permit holder made any material omission or materially inaccurate statements in the permit application, or if the permit holder violates any provision of this chapter, if there are noise complaints related to the mobile food vehicle, or the operation thereof, or if the permit holder becomes ineligible to hold the permit under the provisions of § 111.321 et seq., of the Wis. Stats., or any other applicable statute(s). Notice of suspension or revocation will be personally served on the applicant and will include a statement of the act(s) upon which the denial is based.

G. Violations and penalties.

(1) Any person violating any provision of this chapter shall be subject to the forfeitures and penalties contained in § 1-4 of this Code. Each day of violation shall constitute a separate offense.

(2) The Police Department and/or the Department of Public Works shall have concurrent authority to remove or cause the removal of any vending equipment or merchandise found on the street, sidewalk, terrace or other vending location in violation of any regulations established pursuant hereto. In addition to any forfeiture, the violator shall be liable for any removal, towing and storage charges incurred by either department.

(3) The City of Burlington shall also have the right to seek any remedies available to it under the law or in equity with respect to any violation(s) of this chapter.

§ 254-3 (Reserved) [1]

[1] Editor's Note: Former § 254-3, Sales at farmers' markets, added 2-6-1990 by Ord. No. 1287(33), as amended 3-3-1992 by Ord. No. 1378(48); 1-2-1996 by Ord. No. 1519(26); 8-6-2002 by Ord. No. 1697(11); and 6-17-2003 by Ord. No. 1726(6), was repealed 9-17-2024 by Ord. No. 2116(6).

§ 254-4 Rummage sales. [1]

[Added 2-2-1993 by Ord. No. 1411(21); amended 4-7-1993 by Ord. No. 1425(44); 6-2-1998 by Ord. No. 1586(5)]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

PERSONAL PROPERTY

Property which is owned, utilized and maintained and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

RUMMAGE SALE

Includes all general sales, open to the public, conducted from or on a residential premises, as defined by Chapter 315, Zoning, of the Municipal Code, for the purpose of disposing of personal property, including but not limited to all sales titled "rummage," "lawn," "yard," "porch," "room," "backyard," "patio" or "garage" sale.

B. Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale at a rummage sale property other than personal property.

C. Hours and place of operation. Rummage sales shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m. No more than three rummage sales in one calendar year may be conducted from any premises. Each sale may last no longer than three consecutive days and must be conducted on the seller's property.

D. Signs. "Rummage Sale," "Garage Sale" or similar signs shall be permitted to advertise the rummage sale. There shall not be more than one such sign per lot, except that on a corner lot two signs are allowed, one facing each street. A sign shall not exceed 12 square feet in area and shall be located not less than eight feet from the nearest lot line. Said signs may be placed only 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 sale. No signs shall be placed within the area of any public lands or right-of-way. Any sign must contain the following information:

(1) The name and address of the person holding the rummage sale.

(2) The dates of the sale.

(3) The location of the sale.

E. Removal of signs. All signs, no matter where placed, must be removed within 24 hours of the close of the rummage sale.

F. Penalty. Any person who violates or fails to comply with any provision of this section shall, on the first offense, be issued a warning. Upon conviction of a second offense thereof, a person shall be subject to the penalties set forth in Chapter 1, § 1-4, of this Municipal Code.

[Amended 8-19-2008 by Ord. No. 1868(10)]

[1] Editor's Note: See also Ch. 315, Zoning, § 315-45E.

§ 254-5 Sales on public right-of-way during special events.

[Added 5-5-1993 by Ord. No. 1430(5)]

A. Purpose. It is determined and declared that the use of certain public rights-of-way on the days in which certain special events are scheduled as listed in Subsection B for the specific public purposes for which the right-of-way is intended is pre-eminent. It is determined and declared that sales on the designated public rights-of-way in Subsection B interfere with their use for their intended purpose. It is further determined and declared that the use of the public sidewalk and streets outside the annual Chocolate City Festival site for sales interferes with the orderly ingress and egress to and from these premises and therefore with their use for their intended purposes.

B. Special events; designated right-of-way. The Chocolate City Parade shall proceed along the approved routes specified by the Common Council.

C. Permit required. Any person holding a direct seller or vendor vehicle permit who wishes to make sales along the route of, or within the area barricaded for, the special events specified in Subsection B must apply for and obtain, not less than three days prior to the special event, a special event sales within barricaded areas permit from the City Clerk which shall permit the holder to remain or park within the barricaded area on the days of those special events specified in Subsection B. The permit fee is set by the Common Council.[1]

[1] Editor's Note: See Fee Schedule on file at the City Clerk's office.

D. Regulations.

(1) It shall be unlawful for any person to sell, or offer to sell, any goods, merchandise, foodstuffs, tickets, or any other article of any kind on any public street or public sidewalk within 500 feet of the premises of the Chocolate City Festival site for the period of time beginning two hours immediately before the commencement of the festival and ending one hour immediately after the conclusion of the festival. This subsection does not apply to any sales or offers to sell on the festival site.

(2) No person may sell or give away balloons, noisemakers, toy guns or items which propel a projectile along the routes specified in Subsection B on the days on which the special events are scheduled.

(3) No person may sell or offer to sell goods, merchandise, foodstuffs, tickets or any article of any kind within 25 feet of the street curbline on the routes specified in Subsection B on the days on which special events are scheduled, except persons on foot, who may sell within 25 feet of the curbline but not within the street.

(4) All persons obtaining permits under Subsection C for the special events specified in Subsection B and making sales from vehicles must have a vehicle vendor permit under § 254-2 and must indicate, when filing application for this special event sales permit, a location within the barricaded area where they wish to station their vehicles. Assignment to locations, which shall be made by the Police Department and the organization sponsoring the special event, shall be based on a first come, first served basis, subject to the following criteria:

(a) No vehicle may be within 25 feet of the street curbline on the route.

(b) No motor vehicle may be within 150 feet of the street curbline on the route.

(c) All vehicles must be at least 15 feet apart from each other.

§ 254-6 Violations and penalties.

[Amended 11-18-2003 by Ord. No. 1740(20)]

In addition to the suspension or revocation of any license or permit issued under this chapter, unless otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code.