[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.]
[Amended 11-7-1990 by Ord. No. 1321(23)]
A.
Registration required. No direct seller shall engage
in direct sales within the City without being registered as provided
herein.
B.
CHARITABLE ORGANIZATION
CLERK
DIRECT SELLER
GOODS
PERMANENT BUSINESS PLACE
PERMANENT MERCHANT
Definitions. As used herein, the following words and
phrases are defined as follows:
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The City Clerk.
Any individual who, for himself or for a partnership, association or corporation, sells goods or takes sales orders for the later delivery of goods at any location other than that of a permanent merchant or residence of such individual, partnership, association or corporation, if allowed by Chapter 315, Zoning, of the Municipal Code, and which is the permanent place of business of the seller, and shall include but not be limited to peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold.
A location in the City owned or leased by the direct seller
for more than 12 months from which the direct seller conducts his
business.
A direct seller who, for at least one year prior to the consideration
of the application of this section to such merchant, has continuously:
C.
Exemptions. The following shall be exempt from all
provisions of this section:
(1)
Any person delivering to regular customers on established
routes.
(2)
Any person selling goods at wholesale to dealers in
such goods.
(3)
Any person selling agricultural products which such
person has grown.
(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 his 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 person selling or offering for sale a service
unconnected with the sale or offering for sale of goods.
(8)
Any person holding a sale required by statute or by
order of any court and any person conducting a bona fide auction sale
pursuant to law.
(9)
Any employee, officer or agent of a charitable organization
who engages in direct sales for or on behalf of such organization,
provided that there is submitted to the Clerk proof that such charitable
organization is registered under § 440.42, Wis. Stats. Any
charitable organization not so registered, or which is exempt from
that statute's registration requirements, shall be required to register
under this section.
(10)
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk that such person
is a transient merchant, provided that there is submitted to the Clerk
proof that such person has leased for at least one year or purchased
the premises from which he is conducting business or proof that such
person has conducted such business in the City for at least one year
prior to the date complaint was made.
D.
Registration.
(1)
Applicants for registration must complete and return
to the Clerk a registration form furnished by the Clerk which shall
require the following information:
(a)
Name, permanent address and telephone number,
and temporary address, if any.
(b)
Age, height, weight, and color of hair and eyes.
(c)
Name, address and telephone number of the person,
firm, association or corporation that the direct seller 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.
(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 any vehicle
to be used by the applicant in the conduct of his business.
(h)
Last cities, villages, and towns, not to exceed
three, where the applicant conducted similar business.
(i)
Place where the applicant can be contacted for
at least seven days after leaving the City.
(j)
Statement as to whether the applicant has been
convicted of any crime or ordinance violation related to the applicant's
transient merchant business within the last five years, the nature
of the offense and the place of conviction.
(2)
Applicants shall present to the Clerk for examination
and copying:
[Amended 11-18-2003 by Ord. No. 1740(20)]
(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 State Health Officer's certificate where the
applicant's business involves the handling of food or clothing and
is required to be certified under state law, such certificate to state
that the applicant is apparently free from any contagious or infectious
disease, dated not more than 90 days prior to the date the application
for license is made.
(d)
Two photographs of not less than two inches
by two inches taken of the applicant within six months of the application,
one of the photographs to be attached to the application and one to
be attached to the permit.
(e)
A current seller's permit issued by the Wisconsin
Department of Revenue.
(4)
The applicant shall sign a statement appointing the
Clerk his 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 the signing of the statement, and completion of the police investigation, the Clerk shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Subsection E(2) below.
E.
Investigation.
(1)
Upon receipt of each application, the Clerk may refer
it immediately to the Chief of Police, who may make and complete an
investigation of the statements made in such registration. Registration
shall be completed within 72 hours, excluding Saturday, Sunday or
holidays.
(2)
The Clerk shall 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.
(b)
Complaints of an adverse nature have been received
against the applicant by authorities in the last 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 directly related to the applicant's fitness to engage
in direct selling.
F.
Appeal. Any person denied registration may appeal
the denial through the appeal procedure provided by ordinance or resolution
of the Council or, if none has been adopted, under the provisions
of §§ 68.07 through 68.16, Wis. Stats.
G.
Regulation of direct sellers.
(1)
Prohibited practices.
(a)
A direct seller shall be prohibited from calling
at any dwelling or other place between the hours of 6:00 p.m. and
9:00 a.m. except by appointment; calling at any dwelling or other
place where a sign is displayed bearing the words "No Peddlers," "No
Solicitors," or words of similar meaning; calling at the rear door
of any place, except when a resident has posted a notice directing
people to use the rear door; or remaining 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 character of any goods offered for sale, the purpose of
his visit, his identity or the identity of the organization he represents.
A charitable organization direct seller shall specifically disclose
what portion of the sale price of goods being offered will actually
be used for the charitable purpose for which the organization is soliciting.
Such portion shall be expressed as a percentage of the sale price
of the goods.
(c)
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 allow rubbish or litter
to accumulate in or around the area in which he is conducting business.
(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 name, the name of the company or organization
he is affiliated with, if any, and the identity of goods or services
he offers to sell.
(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.
H.
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.
I.
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 directly 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.
[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.
WEIGHTS AND MEASURES
WEIGHTS AND MEASURES PROGRAM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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."
[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:
(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)]
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)]
[Added 8-7-2018 by Ord.
No. 2036(2)]
A.
MOBILE FOOD VEHICLE
MOBILE FOOD VEHICLE VENDOR
PUSHCART
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
The registered owner of a mobile food vehicle or the owner's
agent or employee are referred to in this chapter as "Vendor."
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:
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:
(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:
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.
[Added 2-6-1990 by Ord. No. 1287(33); 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); 6-17-2003 by Ord. No. 1726(6)]
A.
Permit required. Any person selling produce, food,
agricultural commodities or arts and crafts in a designated farmers'
market in the City shall obtain from the City Clerk a permit for making
such sales.
(1)
The rules and regulations for operation of the farmers'
market shall be promulgated by the Downtown Executive Team.
(2)
As an alternative to rules and regulations promulgated
by the Downtown Executive Team, the Common Council may name a service
organization to oversee the farmers' market under rules and regulations
which the City promulgates or which the service organization promulgates
subject to review and approval by the City at committee level.
B.
Information required for permit. A permit shall only
be issued by the City Clerk upon the seller's provision of the information
required on the application form. Application for a permit shall constitute
the seller's agreement to abide by the rules and regulations for the
farmers' market.
C.
Fees. The fee for the permit shall be in an amount
set by the Common Council.
D.
Authorization. The permit shall authorize the holder
thereof to sell the items listed in the application at the Burlington
Farmers' Market, the location of which shall be specified by the Common
Council.
E.
Exemption from other ordinance provisions. A person obtaining a permit under this section shall not be required to abide by the municipal parking lot provisions of § 293-3B(1), (3) and (4) of this Municipal Code during the days and hours of the farmers' market, nor shall the person be required to register as a direct seller pursuant to § 254-1 or obtain a vendor vehicle permit pursuant to § 254-2 for sales made at the farmers' market.
F.
Use of permit revenue. Revenue generated by the cost
of the permits required herein shall be used for administration of
the Burlington Farmers' Market.
G.
Violations. Any person failing to obtain a permit required by this section shall be subject to the penalty provisions as provided in Chapter 1, § 1-4 of this Municipal Code. Any permit holder violating the rules and regulations of the farmers' market shall be subject to the penalties provided in said rules, including but not limited to the imposition of a service fee and the suspension or revocation of the permit.
[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.
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 living in or maintaining a residence. It does
not include merchandise which was purchased for resale or obtained
on consignment.
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:
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)]
[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:
[Amended 11-18-2003 by Ord. No. 1740(20)]
