[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as § 31.03
of the 1994 Code; amended in its entirety 7-8-2003 by Ord. No. 20-03. Subsequent amendments
noted where applicable.]
[Amended 6-8-2020 by Ord. No. 09-20]
A.
No transient
merchant shall engage in business within the Village without first
obtaining a license from the Village Clerk-Treasurer in compliance
with the provisions of this chapter. As used herein, the terms “transient
merchants” and “mobile food vendor” shall include,
but not be limited to, peddlers, hawkers, solicitors, canvassers or
other business activities of a transient and temporary nature.
B.
No mobile
food vendor shall sell food from a mobile food truck without first
obtaining a license from the Village Clerk-Treasurer in compliance
with the provisions of this chapter. As used herein, the term “mobile
food truck” means a vehicle specifically designed and used for
cooking, keeping, storing, or warming food or beverages which are
for sale by a vendor, which truck moves under its own power.
This chapter or any part thereof shall not apply to newspaper delivery persons; merchants delivering goods in the regular course of business; vendors of frozen foods, bakery goods, or grocery products to only regular customers on established routes; minors who are residents of the Johnson Creek School District; or persons holding a state license issued pursuant to § 440.51, Wis. Stats., but such persons shall comply with the provisions of § 193-8 of this chapter.
[Amended 6-8-2020 by Ord. No. 09-20]
At the time of the filing of an application for a transient merchant or mobile food vendor license, an investigation fee as provided in Chapter 33, Fees, shall be paid to the Village Clerk-Treasurer to cover the costs of investigation of the facts regulated. The application filed with the Clerk-Treasurer shall contain such information as the Clerk-Treasurer shall require for effective enforcement of this chapter and the safeguarding of the residents of the Village from fraud, misconduct or abuse, including, but not limited to, the following information:
A.
Name, address
and telephone number of the person or persons for whom a license is
requested.
B.
The birth
date, height, weight, color of hair and eyes of the applicant for
whom a license is requested.
C.
The length
of time for which the license is being requested.
D.
The make,
model, license number and ownership of any mobile food truck which
will be used by any mobile food vendor for whom a license is being
requested.
E.
A statement
as to whether the applicant for whom a license has been requested
has been arrested or convicted of any crime or ordinance violation
within the past 10 years, as well as the nature of each offense, the
place of the arrest, and the disposition of any matter disclosed by
the application.
F.
Copies
of food and beverage licenses issued by the State of Wisconsin, Jefferson
County, or any other licensing agency where such licenses are issued
and required for any activities to be conducted by a mobile food vendor.
G.
Proof of
insurance for any vehicle proposed to be used by an applicant seeking
issuance of a mobile food vendor license.
H.
A copy
of the drivers license issued by the State of Wisconsin authorizing
any applicant for a mobile food vendor’s license to operate
the mobile food truck.
Upon receipt of each application, the Clerk-Treasurer
shall provide the Police Chief with all information contained therein.
The Police Chief shall institute an investgation of the applicant's
business and moral character as he deems necessary for the protection
of the public good and shall endorse his approval or disapproval upon
said application with 72 hours after it has been filed with him and
shall approve or deny the license in accordance with his findings
after presentation by the applicant of a receipt showing payment of
the required fee.
The fee for a peddler/transient merchant and soliciting license shall be as provided in Chapter 33, Fees. Annual licenses issued on or after July 1 shall be issued for 1/2 of the required annual fee. No fee shall be required for a canvasser's license or for exempt organizations. Peddlers/transient merchants may employ two assistants without payment of an additional license fee, but such persons must comply with the other provisions of this chapter.
If the Police Chief determines from his investigation of the application that the interests of the Village or of inhabitants of the Village require protection against possible misconduct of the licensee or that the applicant is otherwise qualified but due to causes beyond his control is unable to supply all of the information required by § 193-3, he may require the applicant to file with the Village Clerk-Treasurer a bond in the sum of $1,000 with surety that he will fully comply with the ordinances of the Village and laws of the state relating to peddlers, solicitors, canvassers or transient merchants and guaranteeing to any citizen of the Village of Johnson Creek doing business with him that the property purchased will be delivered according to the representations of the applicant, provided that action to recover on any such bond shall be commenced within six months after the expiration of the license of the principal.
The Village Clerk-Treasurer shall date all licenses
issued hereunder and shall specify thereon the fee paid and date of
expiration. Annual licenses shall be issued on a calendar-year basis
and expire December 31 of the year of issue. Applications for renewals
shall be handled in the same manner as original applications. Licenses
issued under this chapter are personal and may not be transferred.
[Amended 6-8-2020 by Ord. No. 09-20]
A.
Consent required. No transient merchant shall go in
or upon any private residence, business establishment or office in
the Village for the purpose of soliciting orders for goods, wares
and merchandise or other activities authorized by the transient merchant
license without having been requested or invited to do so by the owner
or owners, occupant or occupants of the property.
B.
Days and hours of operation. Transient merchants shall
be prohibited from calling at any dwelling or other place on Sundays
or holidays and between the hours of 9:00 p.m. and 9:00 a.m., except
by appointment.
C.
Display of license. All persons issued a license under
this chapter shall carry their license with them while engaged in
licensed activities and shall display such licenses to any police
officer or citizen upon request.
D.
Misrepresentation. No licensee shall intentionally
misrepresent to any prospective customer the purpose of his visit
or solicitation, nor the name or business of his principal, if any,
nor the source of supply of the goods, wares or merchandise offered
for sale, nor the disposition of the proceeds or profits of those
sales.
E.
Loud noises and speaking devices. No licensee shall
have any exclusive right to any location in the public streets, nor
shall any licensee be permitted a stationary location thereon, nor
shall any licensee be permitted to operate in a congested area where
such operation might impede or inconvenience the public use of such
streets. For the purpose of this chapter, the judgment of a police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested and the public impeded or inconvenienced.
F.
No peddler/transient merchant shall impede the free
use of sidewalks and streets by pedestrians and vehicles.
G.
Licenses issued to mobile food vendors shall authorize mobile food
sales activities only on private property which is zoned and used
for commercial or business uses in accordance with the Zoning Code
of the Village.[1] Any license issued for a mobile food vendor shall identify
the location on the lot or private property on which mobile food sales
activities can be conducted. No license authorizing mobile food vendor
sales may be issued for a private lot or any property which is owned
or used for residential purposes.
Licenses issued under the provisions of this
chapter may be revoked or suspended by the Village President or Police
Chief for a period not to exceed five days pending hearing by the
Village Board for fraud, misrepresentation or incorrect statement
contained in the application or made in the course of carrying on
business, conviction of the licensee of any crime or misdemeanor,
or conducting the licensed business in an unlawful or disorderly manner
or in such a manner as to menace the health, safety or general welfare
of the public.
The penalty for violation of any provision of this chapter shall be a penalty as provided in § 60-1 of this Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
