Details for Ord 12-2022 Transient Vendor 1st pub

PUBLIC NOTICE PLEASE TAKE NOTICE THAT THERE WILL BE A PUBLIC HEARING ON THE FOLLOWING ORDINANCE at a regular meeting of the Common Council to be held in the Common Council Chambers in the Municipal Building on the 5th of December, 2022 at 7:30 p.m. Anyone interested in said ordinance may appear at said hearing and present their objections or arguments in favor thereof. The proposed Ordinance is as follows: ORDINANCE NO. 12-2022/s AN ORDINANCE REPEALING AND RECREATING CHAPTER 42, SECTIONS 181-190, IN THE CITY OF BEAVER DAM MUNICIPAL CODE/s The Common Council of the City of Beaver Dam, Dodge County, Wisconsin does hereby repeal and recreate Chapter 42, Transient Vendors, Sections 181-190, as follows: Sec. 42-181. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Canvasser means any person who goes from house to house, place to place, or street to street soliciting or taking or attempting to take orders for the sale or delivery of goods or merchandise (including farmers or individuals selling their own produce) or personal services; seeking donations for any organization; or using or occupying any place or part thereof within the City for the primary purpose of exhibiting samples and taking orders for future delivery; or any other similar activities. The term shall also include any activities in connection with canvassing activities by an employee, agent, associate, or partner of a canvasser within the city, at any location other than the permanent business place or residence of an individual, partnership, association or corporation. Direct seller means canvassers and transient merchants. Goods means personal property of any kind and shall include goods provided incidental to services offered or sold. Transient Merchant means any person that temporarily engages in the business of selling of goods, merchandise, or personal services without a permanent or fixed location in the City. The term shall also include any activities in connection with transient merchant activities by an employee, agent, associate, or partner of a transient merchant within the city, at any location other than the permanent business place or residence of an individual, partnership, association or corporation. Mobile Food Kitchen means facilities utilized by a transient merchant in its transient merchant activities that involved the preparation, cooking, selling, or serving of food or beverages for human consumption. (Code 2001, § 12.09(2)) Cross reference(s)-Definitions generally, § 1-2. Sec. 42-182. Permit & Fee. No direct seller, other than a transient merchant authorized to conduct business under a Host Permit issued under Section 42-188, shall engage in canvassing or transient merchant activities within the city without holding a permit for that purpose as provided in this article. Applicants shall pay all applicable fees to the City Clerk at the time of filing an application. (Code 2001, § 12.09(1); Ord. No. 20-2007, § I, 9-17-2007) Sec. 42-183. Exemptions. No permit under this Division is required for the following activities: newspaper deliverers; merchants delivering goods on a regular course of business to established customers; vendors of milk, selling bakery goods, delivering groceries or fuel or distributing products to customers at fixed intervals on established routes; persons selling property at wholesale to dealers in such goods or merchandise; and any disabled ex-soldier licensed under s. 440.51, Wis. Stats. Created: 2022-08-25 13:53:44 [EST] (Supp. No. 39, Update 1) Page 2 of 5 Sec. 42-184. Application and approval. (a) A separate application must be submitted and approved for each person who will conduct direct selling activities in the City. Applicants for a permit under this chapter shall file with the City a sworn application in writing, on a form to be furnished by the City, and shall provide the following information and documents: (1) Name, permanent address and telephone number and temporary address, if any. (2) Date of birth, height, weight, color of hair and eyes. (3) 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. (4) The location(s) in the City at which the direct seller will operate. (5) Nature of business to be conducted and a brief description of the goods offered, any services offered, and the organizations for which donations will be sought. (6) A copy of the person, firm, association or corporation's three day cancellation for goods or services notice supplied to any purchaser. (7) Proposed method of delivery of goods, if applicable. (8) Make, model and license number of any vehicle to be used by the applicant in the conduct of his business. (9) Last cities, villages, towns, not to exceed three, where the applicant conducted similar business. (10) Place where the applicant can be contacted for at least seven days after leaving the city. Statement as to whether the applicant has been charged with or 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, if applicable. (11) The source of supply of the goods proposed to be sold, or orders taken for the sale thereof, a statement as to where such goods are located at the time such application is filed, and the proposed method of delivery. (12) The three most recent municipalities where the applicant conducted direct seller activities and the locations from which these activities were conducted in those municipalities. (13) The names of at least two property owners in Dodge County, Wisconsin, who will certify as to the applicant's good character and business respectability. In lieu of such names, the applicant may supply such other evidence as will enable an investigator to properly evaluate the character and business responsibility of the applicant. (14) A driver's license or some other proof of identity as may be reasonably required. 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 the state authorities. (15) A copy of any other permit, license, or approval required by any regulatory body for the applicant to conduct his or her business. (Code 2001, § 12.09(4 )) Sec. 42-185. Approval of application. (a) Upon receipt of each application, the clerk refers it to the chief of police or designee who may make and complete an investigation of the statements made in such application. (b) The City shall deny the application if it is determined, following the investigation and inspection referred to in subsection (a) of this section, that it is likely that the issuance of the permit will negatively affect the public health, safety, or welfare of the community, including for the following reasons: (1) The application contains any material omission or materially inaccurate statement; (2) The applicant has been convicted of a crime or ordinance violation substantially related to the applicant's transient merchant business within the last five years or a charge of such a crime or ordinance violation is pending in the City or another municipality. (3) The applicant failed to comply with any applicable provision of section 42-184 (4) The applicant is a registered sex offender or has been convicted of sex crimes. (5) Issuance of a permit would be inconsistent with City ordinances. (6) Issuance of a permit would adversely affect property values. (7) Any other reasons exist that the applicant will not be a responsible canvasser or transient merchant, or that granting the permit will negatively affect the public health, safety, or general welfare of the community. (c) To the extent applicable to a mobile food kitchen as determined by the City, mobile food kitchens will be subject to a safety inspection per section 30-5 of this municipal code. No operation under a permit issued under this Division is allowed unless the mobile food kitchen has been approved for operation following inspection and such approval has not expired. (d) Prior to the issuance of a permit by the City, the applicant shall sign a statement appointing the clerk as his or her agent to accept service of process of any civil action brought against the applicant arising out of any direct seller activities performed by the applicant, if the applicant cannot, after reasonable effort, be served personally. Upon signing of the statement, 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 and expire per section 42-36 of this Code. (e) A permit shall be openly displayed or presented at all times that a permittee conducts direct selling activities in the City. (Code 2001, § 12.09(5); Ord. No. 22-2007, § I, 9-17-2007) Sec. 42-186. Restrictions. (a) No permit shall be used at any time by any person other than the one to whom it is issued. (b) No canvasser or transient merchant shall refuse or fail to leave any premises in the City upon being requested to do so by the owner, occupant, or person in charge thereof. (c) No business shall be conducted under any permit between 8:00 p.m. and 9:00 a.m., or on legal holidays, unless authority to do so is specifically authorized by the City. Created: 2022-08-25 13:53:44 [EST] (Supp. No. 39, Update 1) (d) Invitation required. No canvasser or transient merchant shall go in or upon any private residence, business establishment, or office in the City without having been requested or invited to do so by the owner, occupant, or person in charge thereof. (e) 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. (f) No direct seller 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 100-foot radius of the source. (g) No direct seller shall allow rubbish or litter to accumulate in or around the area in which he or she is conducting business. (h) No direct seller shall damage property. (i) No direct seller shall conduct business in any city park or any other city-owned property without prior authorization, (Code 2001, § 12.09(7); Ord. No. 17-2009, § I, 12-7-2009; Ord. No. 9-2011, § II, 6-20-2011) Sec. 42-187 Revocation of Permit (a) Permits issued hereunder may be revoked by the City Council, after notice and hearing, including for any of the following reasons: (1) Fraud, misrepresentation, or an incorrect statement made in the course of conducting activities as a canvasser or transient merchant. (1) Violation of this chapter. (2) Conducting business in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the public. (3) Actions or omissions by the permittee subsequent to the date of application for the permit would result in denial of a new permit by the City Council under § 42-184. (b) Notice of the hearing for revocation of a permit shall be given by the City in writing, setting forth the grounds for revocation, and the time and place of the hearing. The City may temporarily suspend a permit pending the hearing on revocation if the city administrator, chief of police, chief of fire and rescue, or designee determines continuation of transient merchant activities or canvassing poses a significant public safety risk. The hearing shall be held before the City Council. The permittee shall be given at least 48 hours' notice of the hearing before the City Council. Sec. 42-188 Host Permit (a) An owner or operator of a business with a fixed location within the City may apply for a transient merchant host permit. Transient merchants that operate on the premises of a business that has obtained a host permit are exempt from the requirements of sections 42-182 and 42-184. The host permittee shall ensure that all mobile food kitchens are inspected and approved for operation under section 30-5 of this municipal code, to the extent applicable to the facilities as determined by the City. The host permittee shall notify the City of the dates and times during which any transient merchant activities will occur under the host permit and the legal names and permanent addresses of all individuals who will be conducting the operations for the transient merchant, at least 5 days in advance of the activities. (b) Host Permit Application. Anyone applying for a host permit must submit an application to the City Clerk for a host permit. The application materials must include: (1) The name of the business and agent for the business. (2) The location of the business and a description of where transient merchants will be located on the business premises. (3) Proof of ownership of the property or written consent of the property owner to allow for transient merchants on the applicant's proposed premises. (4) A brief description of the reasons why the host permit will enhance or supplement the applicant's business activities. (c) Permit. A host permit shall be valid for one year. The City may deny a host permit if it determines that granting the permit would not be in the interest of the public health, safety, or general welfare of the community, or if it determines that the proposed transient merchant activities will not enhance or supplement the business of the applicant or will not have a substantial relationship to that business. Transient merchant activities under a host permit must be compliant with any conditions placed upon the permit, applicable zoning requirements, and other regulations applicable to the host permit property. Anyone with a host permit must ensure that any transient merchants operating on the host permit premises have all other applicable permits required by state, federal, county, or City law. A host permit may be revoked in the same manner as for a permit under § 42-187. Sec. 42-189 Beaver Dam Chamber of Commerce Host Permit. (a) The Beaver Dam Chamber of Commerce (BDCC) may apply for a transient merchant host permit. Transient merchants that operate as part of an event hosted by the BDCC are exempt from the requirements of sections 42-182 and 42-184. The BDCC shall ensure that all mobile food kitchens are inspected and approved for operation under section 30-5 of this municipal code, to the extent applicable to the facilities as determined by the City. (b) The BDCC shall host the event at a City-approved site and shall notify the City of the dates and times during which any transient merchant activities will occur under the host permit and the legal names and permanent addresses of all individuals who will be conducting the operations for the transient merchant, at least 30 days in advance of the activities. (c) The BDCC host permit shall be valid for one year. The City may deny the host permit if it determines that granting the permit would not be in the interest of the public health, safety, or general welfare of the community. Transient merchant activities under a host permit must be compliant with any conditions placed upon the permit, applicable zoning requirements, and other regulations. The BDCC must ensure that any transient merchants operating under the BDCC host permit have all other applicable permits required by state, federal, county, or City law. The BDCC host permit may be revoked in the same manner as for a permit under § 42-187. Sec. 42-190 Violations and penalties. Any person who violates any provision or any rule or regulation of this chapter shall be subject to a penalty as provided in in Chapter 1, General Provisions, § 1-9 of this Code. Secs. 42-190-42-210. Reserved. This Ordinance shall take effect upon compliance with the publication/posting requirements of the Wisconsin Statutes. Presented by member of the Administrative Committee. First Reading - November 21, 1022 BDC: November 21, 2022 135946WNAXLP

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