19.05 DIRECT SELLERS.

(1)    PERMIT REQUIRED. No person, business, or organization shall engage in direct sales, mobile vending, or solicit any funds in the City without having obtained the appropriate permit and paid the appropriate fee as herein provided. A maximum one (1) business day waiting period after an application is filed is required before permits are issued to allow notification and investigation time.

(2)    DEFINITIONS. In this chapter:

(a)    “Direct seller” means any individual who, for such person, or for another person, a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, at any location other than the permanent business place or residence of said person, other person, partnership, association or corporation, and includes but is not 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.

(b)    “Permanent merchant” means a direct seller who, for at least one (1) year prior to the consideration of the application of this chapter to said merchant, has:

1.    Continuously operated an established place of business in this City; or

2.    Has continuously resided in this City and now does business from such person’s residence.

(c)    “Goods” includes personal property of any kind, and includes goods provided incidental to services offered or sold.

(d)    “Charitable organization” includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.

(e)    “Solicitor” means any person who seeks donations.

(f)    “Mobile vending unit” means any motorized or nonmotorized vehicle, trailer, push or pedaled cart, or other device designed to be moveable and not permanently attached to the ground from which food, beverages, goods, wares, or merchandise are being peddled, vended, sold, served, displayed, offered for sale or given away. “Mobile vending unit” does not include a mobile wholesale delivery unit, a vehicle which is used solely to transport or deliver food, or a common carrier regulated by the state or federal government. “Mobile vending unit” does not include land uses regulated under Sections 22.304(6)(e) and (f).

(g)    “Mobile vendor” means a person who peddles, vends, sells, serves, displays, offers to sell or give away food and/or beverages from a mobile vending unit located on City streets or rights-of-way.

(h)    “Mobile desserts vendor” means a person that serves individual portions of ice cream, ice milk, frozen custard, frozen yogurt, dessert mix, sundaes, or other frozen desserts that are prepackaged and totally enclosed in a wrapper or container having been manufactured, prepared or wrapped in a licensed food establishment.

(3)    EXEMPTIONS. The following shall be exempt from all provisions of this chapter. Notwithstanding this subsection, mobile vendors shall comply with all of the regulations set forth in subsections (7) through (9) of this section unless the regulation is inconsistent with any approval granted by the City of Edgerton for the authorized event triggering the exemption.

(a)    Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;

(b)    Any person selling goods at wholesale to dealers in such goods;

(c)    Any person selling products in accordance with Sections 22.304(6)(e) and (f);

(d)    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 county and who delivers such goods in their regular course of business;

(e)    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, 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 goods;

(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 person who claims to be a permanent merchant; provided, that there is submitted to the City Clerk proof that such person has leased for at least one (1) year, or purchased, the premises from which such person has conducted such business in the City;

(j)    Any vendor participating in an approved farmers’ market;

(k)    Any mobile desserts vendor may operate on the public streets within any City zoning district, provided it is parked only while serving customers present or approaching for service;

(l)    Any mobile vendor operating as part of events authorized through a special events packet.

(4)    CHARITABLE ORGANIZATIONS.

(a)    Any employee, officer or agent of a charitable nonprofit organization who engages in mobile vending, solicitation or direct sales for or on behalf of said organization, shall be exempt from this permit application, provided that there is submitted to the City Clerk proof that such charitable organization is registered under Section 202.11, Wis. Stats. Any charitable organization not registered under Section 202.11, Wis. Stats., or which is exempt from the statute’s registration requirements, shall be required to apply for a permit under this chapter.

(b)    Direct sale provisions, mobile vendors and solicitations by a charitable organization and their officers, employees or agents shall be subject to the prohibited practices provision as set forth in subsection (7) of this section.

(5)    IDENTIFICATION/REGISTRATION. Applicants shall present the following and any additional information required by the City Clerk for examination:

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

(b)    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;

(c)    A county and/or state health officer’s certificate where applicant’s business involves the handling of food or clothing and is required to be certified under state law, such certificate to state that applicant is apparently free from any contagious or infectious disease, dated not more than ninety (90) days prior to the date the application for license is made. All required permits shall be visibly displayed.

(6)    INVESTIGATION.

(a)    Upon receipt of any application for a mobile vending/direct seller’s/solicitor’s permit, the City Clerk may refer it immediately to the Chief of Police, who may make and complete an investigation of the statements made in such registration. In addition, the application shall be reviewed as set forth Section 19.001(3).

(b)    The City Clerk shall not issue a permit 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 last cities, villages and towns in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five (5) years or the applicant failed to comply with any applicable provision of subsection (5) of this section.

(c)    Discretion of Council. When denied, the Common Council shall, upon application by the applicant, review and act upon the application for a direct seller’s, solicitor’s, or mobile vendor’s permit on the basis of the particular merits of each such application. Nothing in this chapter limits the factors the Common Council may consider when reviewing or acting upon each such application.

(7)    PROHIBITED PRACTICES.

(a)    A direct seller/solicitor 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.

(b)    A direct seller/solicitor/mobile vendor 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 the visit, such seller’s identity or the identity of the organization represented. A charitable organization direct seller/solicitor/mobile vendor shall specifically disclose what portion of the sale price of goods being offered will actually be used for charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.

(c)    No direct seller/solicitor/mobile 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.

(d)    No direct seller/solicitor/mobile vendor shall make any loud noises including noise from a generator or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one hundred (100) foot radius of the source. This provision does not apply to mobile dessert vendors unless the Police Department determines the amplified sound is a nuisance.

(e)    No direct seller/solicitor/mobile vendor shall allow rubbish or litter to accumulate in or around the area in which such seller is conducting business.

(8)    DISCLOSURE REQUIREMENTS.

(a)    After the initial greeting and before any other statement is made to a prospective customer, a direct seller/solicitor shall expressly disclose such seller’s name, the name of the company or organization affiliated with, if any, or the identity of goods or services offered for sale, if any.

(b)    If any sale of goods is made by a direct seller/solicitor, or any sales order for the later delivery of goods 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 twenty-five dollars ($25.00), in accordance with the procedure as set forth in Section 423.203, Wis. Stats. or any amendments thereto; the seller shall give the buyer two (2) copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of Sections 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats., or any amendments thereto.

(c)    If the direct seller/solicitor takes a sales order for the later delivery of goods, such seller 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.

(9)    REQUIREMENTS FOR MOBILE VENDING. The following restrictions apply to all mobile vendors and mobile vending units operating within the city:

(a)    All mobile vending units must comply with the state and county requirements for mobile establishments.

(b)    Mobile vending units may locate in any legal parking space within a City right-of-way, except on the following streets: Main Street, Lord Street, Fulton Street, Menhall Drive, Ridgeway Street, Albion Street, Swift Street, Henry Street, Elm High Drive or on the same side of the street as residential uses.

(c)    Mobile vending shall only be permitted between the hours of 7:00 a.m. and 9:00 p.m.

(d)    Seating for consumer consumption of products sold is not allowed within the right-of-way.

(e)    Mobile vending applicants shall provide a site plan for the location where the unit will be located. The plan shall include a drawing showing the street address, location of mobile vending unit, signage to be used, traffic and pedestrian flow. The site plan will also state the size of the vending unit and equipment specifications.

(f)    Mobile vendors shall provide a minimum four (4) foot clearance on sidewalks and rights-of-way for pedestrian access and traffic.

(g)    When operating in the public right-of-way, serving and dispensing of food products shall be directed toward the sidewalk or terrace area immediately adjacent to the vending unit.

(h)    No mobile vendor shall conduct business within twenty (20) feet of a fire hydrant.

(i)    A mobile vending unit shall maintain clear access and visibility of crosswalks and street corners.

(j)    No mobile vendor shall conduct business on either public or private property within three hundred (300) feet of school property during school hours, unless written permission is granted by the school superintendent or other equivalent authority and such documentation is placed on file with the City Clerk.

(k)    To encourage the integrity, comprehensiveness and success of special events, no mobile vending units shall be permitted on private property, on public streets, sidewalks or in any City parks where the City of Edgerton has issued a special event permit or other approval during the hours approved for such event, unless the mobile vending unit is part of the aforementioned event.

(l)    Connection of a mobile vending unit to a public source of electricity, water or sewer is prohibited unless part of a special event.

(m)    No mobile vendor may use any public property such as light poles or other utility poles, flower planters, trees, or other amenities to attach any ropes, posters, signs, electrical cords, or other objects used in his/her operations.

(n)    Mobile vending and adjoining areas shall be kept clean and free from litter, garbage, rubble, and debris at all times. All mobile vending units shall be equipped with at least one (1) leak-proof container for the deposit of waste, garbage, litter and refuse. All such containers shall be kept covered with tight-fitting lids. When leaving vending area, the mobile vendor and his/her employee(s) shall be responsible for the removal of all litter resulting from the vending operations.

(o)    The permittee or other operator of a mobile vending unit shall be present with the mobile vending unit at all times during which products are displayed or sold, except that a licensee or other operator may leave his/her vending location and mobile vending unit unattended during lawful vending hours for a maximum of four (4) hours, provided the mobile vending unit does not impede pedestrian or vehicular access or traffic.

(p)    The City of Edgerton Police Department shall have the authority to remove or cause the removal of any vending equipment, mobile vending unit, food, beverages, goods, wares or merchandise found on the highway, street, alley, sidewalk, public right-of-way or other vending location in violation of this chapter. In addition to any forfeiture that may be imposed, the violator shall also be liable for any removal, towing and storage charges incurred by the City as a result.

(q)    The applicant seeking to establish a mobile unit on private property shall provide written authorization from the landowner to the mobile vendor to use the landowner’s premises for vending activities. The authorization document shall give the address of the property and the beginning and ending dates for such authorization. Mobile vendors may locate on private nonresidentially zoned property, up to sixty (60) days per calendar year, provided the mobile vending unit does not impair traffic flow or obstruct vision for intersecting streets, driveways, sidewalks or other traffic areas.

(r)    If locating a mobile vending unit in a public park or public parking lot, the permit application is subject to review and approval by the Public Works and Police Departments prior to issuance by the City Clerk.

(s)    Mobile vending unit cannot operate in Central or Racetrack Parks while the concession stands in those parks are operating without the permission of the concession operator. (Ord. 17-01)