[HISTORY: Adopted by the Common Council of the City of Watertown
as §§ 9.03 and 9.20 of the former City Code; amended
in its entirety by Ord. No. 96-21. Subsequent amendments noted where applicable.]
It shall be unlawful for any transient merchant or vehicular
food vendor to engage in sales within the City of Watertown without
being registered for that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any benevolent, philanthropic or patriotic person,
partnership, association or corporation, or one purporting to be such.
The City Clerk of the City of Watertown, Wisconsin.
[Amended 7-5-2022 by Ord. No. 22-63]
The Site Plan Review Committee.
[Added by Ord. No. 05-27]
Includes personal property of any kind, and shall include
merchandise, goods or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
Any person who, for at least six months prior to the consideration
of the application of this chapter to said merchant:
Has continuously operated an established place of business in
the local trade area among the communities bordering the place of
sale;
Has continuously resided in the local trade area among the communities
bordering the place of sale and does business from his/her residence;
or
Has shown an intent to establish a permanent presence within
the municipality (e.g., membership in the Watertown Area Chamber of
Commerce or Central Business Association).
Any individual who engages in the retail sale of merchandise
at any place in this municipality temporarily, and who does not intend
to become and does not become a permanent merchant of such place.
For purposes of this chapter, "sale of merchandise" includes a sale
in which the personal services rendered upon or in connection with
the merchandise constitute the greatest part of value for the price
received, but does not include a farm auction sale conducted by or
for a resident farmer of personal property used on the farm.
Any person engaged in the business of selling food products
from a vehicle, self-powered or motorized, on the public streets and
sidewalks of the City, including sales persons who use vehicles to
go from place to place or house to house for the purpose of soliciting
sales of food products for future delivery directly to the consumer.
This term shall not include those persons who deliver food products
to restaurants, grocery stores or similar distribution businesses
in the normal course of business, nor shall it include sales persons
who solicit sales, at wholesale, of food products to commercial or
institutional entities.
The following shall be exempt from all provisions of this chapter:
A.
Any person delivering newspapers, fuel or dairy products on at least
a monthly frequency to regular customers on established routes.
B.
Any person selling merchandise at wholesale to dealers in such merchandise.
C.
Any person selling agricultural products which the person has grown
or raised in Jefferson or Dodge Counties, Wisconsin.
D.
Any permanent merchant or employee thereof who takes orders at the
home of the buyer for merchandise regularly offered for sale by such
merchant within Dodge or Jefferson County and who delivers such merchandise
in his regular course of business.
E.
Any person who has an established place of business where the merchandise
being sold is offered for sale on a regular basis and in which the
buyer has initiated contact with and specifically requested a home
visit by said person.
F.
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.
G.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
H.
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.
I.
Any employee, officer or agent of a charitable organization who engages
in direct sales for or on behalf of said organization, provided that
there is submitted to the City Clerk proof that such charitable organization
is registered under § 202.12, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered
under § 202.12, Wis. Stats., or which is exempt from that
statute's registration requirements, shall be required to register
under this chapter.
[Amended 7-5-2022 by Ord. No. 22-63]
J.
Any person who claims to be a permanent merchant but against whom
complaint has been made to the City Clerk that such person is a transient
merchant, provided that there is submitted to the City Clerk proof
that such person has leased for at least six months, or purchased,
the premises from which he/she has conducted business in the market
area for at least six months prior to the date the complaint was made.
[Amended 7-5-2022 by Ord. No. 22-63]
K.
Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
L.
Transient merchants or vehicular food vendors while doing business
at special events authorized by the City Council or any commission,
committee or board thereof having the specific responsibility of authorizing
or regulating the special event.
[Amended 6-2-2015 by Ord.
No. 15-16]
M.
Persons under 18 years of age who are residents of the City or surrounding
areas of Dodge or Jefferson County, Wisconsin.
[Amended by Ord. No. 98-22; 10-4-2016 by Ord. No.
16-18; 7-5-2022 by Ord. No. 22-63]
A.
Applicants for registration must complete and return to the City
Clerk a registration form furnished by the City Clerk, which shall
require the following information:
(1)
Name, permanent address and telephone number, and temporary address,
if any.
(2)
Age, height, weight, and color of hair and eyes.
(3)
Name, address and telephone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by, or whose merchandise is being sold.
(4)
Temporary address and telephone number from which business will be
conducted, if any.
(5)
Nature of business to be conducted and a brief description of the
merchandise and any services to be offered to the general public.
(6)
Proposed methods of delivery of merchandise, if applicable.
(7)
Make, year, model, color and license number of any vehicles to be
used by the applicant in the conduct of his/her business.
(8)
Most recent cities, villages, towns, not to exceed three, where applicant
conducted his/her business.
(9)
Place where applicant can be contacted for at least seven days after
leaving this City.
(10)
Statement as to whether applicant has been arrested or convicted
for any crime or ordinance violation within the last five years, and
the nature of the offense and the place of conviction.
(11)
If the transient merchant will be operating from a fixed location
within the City, the property owner's written permission shall be
obtained.
B.
If the transient merchant will be operating from a fixed location
within the City, the applicant shall present to the City Clerk a site
plan of sufficient detail to allow the Site Review Committee to become
familiar with the layout of the operation and which demonstrates compliance
with all of the following:
(1)
All display, parking, pedestrian movement and traffic circulation
associated with the activity shall be located on private property.
(2)
All display, parking, pedestrian movement and traffic circulation
associated with the activity shall not be located on public sidewalks,
bike paths, public rights-of-way, or other public lands.
(3)
All display, parking, pedestrian movement and traffic circulation
associated with the activity shall not be located within traffic visibility
triangles or within parking lot driveways, accessways, alleys or parking
lot driving aisles, or in a manner which otherwise creates a hazard.
(4)
If located adjacent to any area in which motor vehicles are present,
the display area shall be separated from the vehicle circulation area
by a minimum of a forty-inch-high pedestrian barrier limited to a
single six-foot-wide access point, so as to make pedestrian movements
between the display area and vehicles predictable and limited to a
single point of contact.
(5)
Lighting shall be limited to a maximum of one footcandle over ambient.
(6)
No amplified sound systems are permitted within the display area.
C.
Applicants shall present to the City Clerk for examination:
(1)
A driver's license or some other proof of identity, containing a
photograph of the applicant, as may be reasonably required.
(2)
A state certificate of examination and approval from the Sealer of
Weights and Measures, where applicant's business requires use of weighing
and measuring devices approved by state authorities.
(3)
A copy of any appropriate state license as may be required or an
inspection by the City Public Health Department if the applicant's
business is the sale of food items.
D.
The applicant
shall sign a statement appointing the City Clerk as his/her agent
to accept service of process in any civil action brought against the
applicant arising out of any sale or service performed by the applicant
in connection with the direct sales activities of the applicant, in
the event the applicant cannot be served personally.
E.
At the time the registration is returned, a fee as set by the Common
Council and provided under separate fee schedule shall be paid to
the City Clerk to cover the cost of processing said registration.
An applicant who is a member of a religious organization selling religious
literature shall be exempt from payment of the fee.
A.
Upon receipt of each application, the City Clerk shall refer it immediately
to the Chief of Police, who may make and complete an investigation
of the statements made in such registration.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
If the applicant is to operate from a fixed location, the application
shall also be sent to the Site Plan Review Committee. The Committee
shall review the proposal and make recommendation for approval, denial
or approval with changes to the application as to layout, access,
etc.
[Added by Ord. No. 05-27]
C.
The City Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation under Subsections A and B above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of § 480-4B above.
[Amended by Ord. No. 05-27; 7-5-2022 by Ord. No. 22-63]
D.
If a registration is denied under this section, the Chief of Police
and/or the Committee shall state the specific reasons in writing,
and the City Clerk shall provide a copy of the reasons to the applicant.
[Amended by Ord. No. 05-27; 7-5-2022 by Ord. No. 22-63]
E.
The City Clerk shall issue to each person, at the time of the delivery
of his approved registration, an identification card or badge bearing
the words "Transient Merchant," a photograph of the person on the
front of the identification card or badge, and the period of time
for which the registration is issued. Each person shall conspicuously
display such identification card or badge whenever he is engaged in
sales pursuant to this chapter, except when so engaged by telephone.
[Amended 7-5-2022 by Ord. No. 22-63]
[Amended 7-5-2022 by Ord. No. 22-63]
Any person refused or denied registration may appeal the denial through the appeal procedure provided by Chapter 10 of the City's Code, pertaining to administrative review, by filing a written request for such administrative review with the City Clerk within 10 days of the refusal or denial of the registration. The City Clerk shall immediately transmit said appeal to the Licensing Board of the Common Council, which shall then fix a reasonable time for the hearing of the appeal and give public notice thereof to the parties in interest and determine the same within 30 days of the date of notice to the persons or parties interested, as more specifically enumerated in Chapter 10 of this Code.
A.
Prohibited practices.
(1)
A transient merchant or vehicular food vendor shall be prohibited
from calling at any dwelling or other place between the hours of 9:00
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 dwelling place; or remaining on any premises after being
asked to leave by the owner, occupant or other person having authority
over such premises.
(2)
A transient merchant or vehicular food vendor shall not misrepresent
or make false, deceptive or misleading statements concerning the quality,
quantity or characteristics of any merchandise offered for sale, the
purpose of his/her visit, his/her identity or the identity of the
organization he/she represents. A charitable organization transient
merchant shall specifically disclose what portion of the sale price
of the merchandise being offered will actually be used for the charitable
purpose for which the organization is soliciting. Said portion shall
be expressed as a percentage of the sale price of the merchandise.
(3)
No transient merchant or vehicular food vendor 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.
(4)
No transient merchant or vehicular food vendor shall make any loud noises or use any sound-amplifying device to attract customers unless issued a separate registration therefor under § 410-40 of this Code.
(5)
No transient merchant or vehicular food vendor shall allow rubbish
or litter to accumulate in or around the area in which he/she is conducting
business.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement is made
to a prospective customer, a transient merchant or vehicular food
vendor shall expressly disclose his/her name, the name of the company
or organization he/she is affiliated with, if any, and the identity
of merchandise or services he/she offers to sell.
(2)
If any sale of merchandise is made by a transient merchant or vehicular
food vendor or any offer for the later delivery of merchandise is
taken by the seller, the buyer shall have the right to cancel said
transaction if it involves the extension of credit or is a cash transaction
of more than $25 in accordance with the procedure as set forth in
§ 423.203, Wis. Stats.; the seller shall give the buyer
two copies of a typed or printed notice of that fact. Such notice
shall conform to the requirements of § 423.203(1)(a), (b)
and (c), (2) and (3), Wis. Stats.
(3)
If the transient merchant or vehicular food vendor takes a sales
order for the later delivery of merchandise, he/she 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.
(4)
During any contact with a prospective customer, a transient merchant
or vehicular food vendor shall prominently display the registration
as issued by the City Clerk at all times.
[Amended 7-5-2022 by Ord. No. 22-63]
[Amended 7-5-2022 by Ord. No. 22-63]
The Chief of Police shall report to the City Clerk all convictions
for violation of this chapter, and the City Clerk shall note any such
violation on the record of the registrant convicted.
A.
Registration may be revoked by the Licensing Board of the Common
Council after notice and hearing, if the registrant made any material
omission or materially inaccurate statements in the application for
registration, made any fraudulent, false, deceptive or misleading
statement or representation in the course of engaging in transient
sales, violated any provision of this chapter or was convicted of
any crime or ordinance or statutory violation which is directly related
to the registrant's fitness to engage in selling.
Any person adjudged in violation of any provision of this chapter
shall forfeit not less than $50 nor more than $1,000 per day for each
violation plus costs of prosecution. Each violation shall constitute
a separate offense.
