[HISTORY: Adopted by the Common Council of
the City of Rice Lake as Title 7, Chapter 4 of the Code of Ordinances;
amended 6-25-1996 by Ord. No. 820 and 11-26-1996 by Ord. No. 832. Subsequent
amendments noted where applicable.]
It shall be unlawful for any transient merchant
to engage in sales within the City of Rice Lake 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, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
The City Clerk-Treasurer.
Anything manufactured, processed or packaged for exploding,
emitting sparks or combustion which does not have another common use,
including but not limited to sparklers, cylindrical fountains and
audible sound-producing and/or smoke-producing devices.
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold, including but
not limited to paintings, tools and housewares.
Any person who, for at least one year prior to consideration
of the application of this chapter to said merchant:
Any individual who engages in the retail sale of merchandise
at any place in this state 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 merchandise constitutes 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.
A.
The following shall be exempt from all provisions
of this chapter:
(1)
Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(2)
Any person selling merchandise at wholesale to dealers
in such merchandise.
(3)
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 this county and who delivers such
merchandise in his regular course of business.
(4)
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.
(5)
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.
(6)
Any person selling or offering for sale a service
unconnected with the sale or offering for sale of merchandise.
(7)
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.
(8)
Any employee, officer or agent of a charitable organization
who engages in direct sales for or on behalf of said organization,
provided that there is submitted to the Clerk-Treasurer proof that
such charitable organization is registered under W.S.A. s. 440.42.
Any charitable organization engaging in the sale of merchandise and
not registered under W.S.A. s. 440.42 or which is exempt from that
statute's registration requirements shall be required to register
under this chapter.
[Amended 1-25-2000 by Ord. No. 00-3]
(9)
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk-Treasurer that such
person is a transient merchant, provided that there is submitted to
the Clerk-Treasurer proof that such person has leased for at least
one year or purchased the premises from which he/she has conducted
business in the market area for at least one year prior to the date
the complaint was made.
(10)
Any individual licensed by an examining board as defined
in W.S.A. s. 15.01(7).
B.
This chapter does not apply to transient merchants
while doing business at special events authorized by the City Council.
C.
Aquafest concessionaires. Private for-profit or nonprofit
peddlers and concessionaires shall also be required to register with
the Aquafest Committee for the City of Rice Lake. All proceeds earned
during the Aquafest activities shall be subject to the fair-share
participation requirements of the Aquafest governing body.
[Amended 4-28-2009 by Ord. No. 09-04]
A.
Application for sellers of produce, Christmas trees, fireworks, handicrafts
and other merchandise. Seasonal sellers of produce, Christmas trees,
fireworks, handicrafts and other merchandise must obtain a license
from the City Clerk-Treasurer before commencing sales in farmer's
market areas designated by the City. The Clerk-Treasurer shall obtain
all information required under this section and collect a fee as set
forth in the fee schedule adopted as part of the annual budget document
for said license.
(1)
Licenses for the sale of produce, Christmas trees, fireworks, handicrafts
and other merchandise shall be limited to the farmer's market
areas designated by the City.
(2)
Farmer's market.
(a)
Each license shall be for one stall approximately 18 feet wide
by 24 feet deep. Stalls shall be available on a daily first-come,
first-served basis. Vendors may apply for a maximum of two licenses.
(b)
Market hours shall be 6:00 a.m. to 10:00 p.m. daily. Each license
holder shall be responsible for his/her area being free of litter
and debris before leaving the area. Farmer's market license holders
shall remove all equipment, displays and sale items from the market
at the close of each day.
(3)
Said sellers shall be controlled by existing parking and traffic
regulations as well as pertinent zoning restrictions.
B.
Mobile food concession stands.
(1)
All mobile food concession stands, such as for ice cream and popcorn,
which are private profit-making enterprises are required to pay an
annual license fee as set forth in the fee schedule adopted as part
of the annual budget document and provide the City Clerk-Treasurer
with the information required under this section.
(2)
Said mobile stands shall be controlled by existing parking and traffic
regulations as well as pertinent zoning restrictions.
(3)
Mobile food concession stand license applicants shall provide to
the City Clerk-Treasurer, at the time of application, the setup location
of the mobile food unit. Notification is required to be presented
to the City Clerk-Treasurer prior to relocating said unit.
C.
Applicants for registration must complete and return to the Clerk-Treasurer
a registration form furnished by the Clerk-Treasurer 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 offered.
(6)
Proposed methods of delivery of merchandise, if applicable.
(7)
Make, model and license number of any vehicle to be used by the applicant
in the conduct of his/her business.
(8)
Most recent cities, villages and towns, not to exceed three, where
the applicant conducted his/her business.
(9)
Place where the applicant can be contacted for at least seven days
after leaving this City.
(10)
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 and the nature of the offense
and the place of conviction.
D.
Applicants shall present to the Clerk-Treasurer for examination:
(1)
A driver's license or some other proof of identity as may be
reasonably required.
(2)
A state certificate of examination and approval from the Sealer of
Weights and Measures where the applicant's business requires
use of weighing and measuring devices approved by state authorities.
(3)
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 shall state that
the applicant is apparently free from any contagious or infectious
disease and shall be dated not more than 90 days prior to the date
the application for license is made.
E.
At the time the registration is returned, the appropriate fee shall
be paid to the Clerk-Treasurer to cover the cost of processing said
registration.
(1)
The applicant shall sign a statement appointing the City Clerk-Treasurer
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 that the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the Clerk-Treasurer
may refer it immediately to the Chief of Police or other appropriate
officer who may make and complete an investigation of the statements
made in such registration.
B.
The Clerk-Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the most recent cities, village 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; the street use permit was denied by the Common Council; or the applicant failed to comply with any applicable provision of § 231-4B above.
Any person denied registration may appeal the
denial through the appeal procedure provided by ordinance or resolution
of the Common Council or, if none has been adopted, under the provisions
of W.S.A. ss. 68.07 through 68.16.
A.
Prohibited practices.
(1)
A transient merchant 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 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 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 shall make any loud noises or
use any sound-amplifying device to attract customers if the noise
produced is capable of being plainly heard outside a one-hundred-foot
radius of the source.
(5)
No transient merchant 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 shall expressly
disclose his/her name, the name of the company or organization he/she
is affiliated with, if any, and the identity of the merchandise or
services he/she offers to sell.
(2)
If any sale of merchandise is made by a transient
merchant or any offer for the later delivery of merchandise is taken
by the seller, the buyer shall have the right to cancel a transaction
of more than $25 in accordance with the procedure as set forth in
W.S.A. s. 423.203. 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 W.S.A. s. 423.203(1)(a), (b) and (c), (2) and
(3).
(3)
If the transient merchant 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 guaranty or warranty is provided and, if so, the terms thereof.
The Chief of Police or other appropriate officer
shall report to the Clerk-Treasurer all convictions for violations
of this chapter, and the Clerk-Treasurer shall note any such violation
on the record of the registrant convicted.
A.
Registration may be revoked by the Common 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 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.
B.
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.
Any person adjudged in violation of any provision
of this chapter shall forfeit not less than $10 nor more than $1,000
for each violation per day plus costs of prosecution. Each violation
shall constitute a separate offense.
