Town of Clover

Ordinance #20170712-4, An Ordinance Regulating Transient Merchant Activity within the Town of Clover

 

This Ordinance replaces Ordinance 20170510-2 to include the suggestions of the Town Attorney.

Whereas, the Town of Clover Board of Supervisors finds that it is in the best interests of the citizens to regulate all peddlers, solicitors and vendors within the Town of Clover, and

Whereas, peddling, soliciting and vending are time-honored activities which can be beneficial to the community and the citizens when conducted in a responsible manner, and

Whereas, the registration of persons who engage in peddling, soliciting and vending services and products within the Town of Clover is necessary to protect the interests of the public and also protects legitimate activities, and

Whereas, health and safety issues exist with respect to the services and products being offered within the Town of Clover, and

Whereas, in furtherance of the health, safety, and welfare of the public, the Town of Clover Board finds it is in the best interest of the Town of Clover to establish a permitting process and other regulations applicable to individuals providing services and products as peddlers, solicitors and vendors within the Town of Clover.

 

Now, therefore, BE IT HEREBY ORDAINED by the Town of Clover, of Bayfield County:

Section I.  Authority

The Town Board of the Town of Clover, Bayfield County, Wisconsin has the authority under its village powers under §60.22, Wis. Stats., and the specific authority under §66.0243 Wis. Stats, to adopt this ordinance.

 

Section II.  Definitions:

A.  “Transient Merchant” means any individual who, by himself or herself or for a partnership, association, corporation or other legal entity, sells goods or services, or takes orders for the later delivery of goods or services, at any location other than the permanent business place of residence of said individual, partnership, association or other legal entity and shall include, but not be limited to peddlers, solicitors and vendors.

B.  “Solicit” means to request, by the spoken, written, or printed word, or by other means of communication, an immediate donation of transfer of money or other thing of value from another person, regardless of the solicitor’s purpose of intended use of the money or other thing of value, and regardless of whether consideration is offered.

C.  “Merchandise.” Merchandise shall be used in its broadest sense and includes property of every kind.

D.  “Park” or “Parking” when prohibited, means to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading or unloading merchandise or passengers.

E.  “Public Area” means all areas to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, campground, beach, slough or bay entrance, parking lot, alleyway, pedestrian way, or the common area of a commercial building or residence.

F.  “Services.” Services shall be used in its broadest sense and includes any work done for the benefit of another person or entity.

 

Section III.  Permit Requires:

It is unlawful for any peddler, solicitor or vendor to engage in the business of selling, displaying, or offering for sale any, goods, merchandise or Services of any kind within the Town of Clover without first obtaining a permit from the Town of Clover Board.  Posting of advertisements or business cards on community bulletin boards is allowed.

Permit Exemptions.

The following are excluded from permitting provisions:

A.  Newspaper carriers;

B.  Farmers who sell agricultural products that were raised or grown by them;

C.  Clover temporary markets, e., Farmers and Flea—artists, weavers, potters, soap makers, jewelry makers, selling handmade items.

D.  Children under the age of 16

E.  Political speech;

F.  Canvassers who attempt only to solicit political support or to determine opinions or sentiments;

G.  Peddlers, Solicitors and/or Vendors operating within a designated Public Area in connection with a Special Event pre-approved by the Town of Clover Board. The appropriate body organizing the Special Event must first apply and receive a Special Event permit anticipating and approving such vendor sales for the Special Event.

H.  Individuals traveling to houses at the invitation of the resident or the owner.

I.  Auction and estate sales in the Town of Clover conducted for public purchase under state law.

J.  Any operation which is exempted by state or federal statute from this Ordinance, only to the extent of such applicable exemption.

K.  Individuals or entities soliciting for charitable contributions.

 

Section IV.  Use of State Highways and Town Roads Prohibited

 It shall be unlawful for any Peddler, Solicitor or Vendor to engage in business on any State Highway or Town of Clover road within the Town of Clover unless permitted pursuant to this ordinance.

Use of State Highways and Town of Clover Road Exemptions:

Peddlers, Solicitors or Vendors may engage in business or park on a State Highway or Town of Clover road in connection with a special event approved by the Town of Clover.

 

Section V.  Use of Town of Clover Parks or Beaches

A Peddler, Solicitor or Vendor may not engage in business in Town of Clover parks or beaches without a permit issued by the Town of Clover Board of Supervisors.

 

Section VI.  Use of Private Property

 All Peddlers, Solicitors and Vendors must obtain a permit as provided herein prior to operating on a private property in addition to any necessary permit from Bayfield County Planning and Zoning.

 

Section VII.  Written Application Required

 Any person desiring to engage in activities as a Peddler, Solicitor or Vendor within the Town of Clover must complete and file a written application for permit with the Town of Clover Clerk which application shall give the following information:

A.  Applicant’s name, address, telephone number, email, address of where all business will occur within the Town of Clover, a copy of a valid photo ID, either a driver’s license or a State issued photo ID.

B.  If the applicant is peddling or making solicitations for any commercial, charitable or political organization, the full legal name, telephone number and address of such organization.

C.  Full and complete list of goods or merchandise to be sold and/or Services to be delivered.

D.  Description (year, make, type) and valid license plate number and state of registration of all vehicles to be used in Soliciting, Vending and Peddling and a copy of the vehicle’s current proof of liability insurance.

E.  Proof of adequate commercial liability insurance to cover participants in programs offered.

F.  A copy of the applicant’s current State of Wisconsin Sales and Use Tax Permit, if applicable, together with written documentation from the State that all sales tax that may be due and owing by the vendor has been paid in full.

 

Section VIII.  Permit Fees

 Permit fees shall accompany the permit application.  All Transient Merchants not exempted shall be required to pay the permit fee to be set by the Board of Supervisors, not to exceed $200.

 

Section IX.  Permit Denial

A.  A copy of the application for permit will be referred to the Town of Clover Board for their consideration. An application for permit under this chapter may be denied where:

1. Required application information is incomplete or incorrect;
2. Applicant is currently wanted on warrant, has a history of criminal activity or complaints against the business;
3. A permit fee has not been paid;
4. Fraudulent statements or omissions on permit application exist;
5. The activity is not suitable or appropriate for the proposed location; or
6. Where the Town of Clover Board determines that the activity is a threat to the public health, safety and welfare or that it is inconsistent with the Town’s Comprehensive Plan.

B.  Notification of denial will be delivered in writing.

 

Section X.  Permit Issuance, Duration

A.  Each permit will be valid for 12 months from the date of issue and may be renewed in additional 12 month increments by review of the Town of Clover Board.

B.  Once issued a permit, the permit holder must provide updated information to the Town Clerk of any change of information required under Section VI, within five (5) working days of such change. Failure to update will constitute grounds for the Town of Clover to revoke the permit.

1. C.  Notification of permit approval will be delivered in writing.

 

Section XI.  Permit Non-transferability

Permits issued under the provisions of this Ordinance are not transferable in any situation.

 

Section XII.  Permit Revocation

The Town of Clover Board may revoke a permit granted herein.

A.  Prior to the revocation, the Town of Clover Board shall provide the permittee with written notice containing particulars of any and all complaint(s) against him/her, and the time, date and place for review of the complaints by the Town of Clover Board.

B.  After reasonable notice and review, the Town of Clover Board may revoke any permit issued under this Ordinance. Justification for revoking a permit include, but is not limited to the following:

1. Fraudulent statements or omissions on permit application or in conduct of permitted business;
2. Fraudulent, criminal, unsafe, or unsanitary conduct of permitted business;
3. Any violation of Federal or State statute, or Town of Clover ordinance.
4. Endangering public welfare, health or safety.

C.  If any person or entity has had a permit revoked, such person or entity, or any entity partially owned by such person or entity shall be ineligible for a permit under this chapter for a period of one year from the date of revocation.

 

Section XIII.  Violation/Penalty

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this Ordinance shall, upon conviction, pay a forfeiture of not more than $500.00, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this Ordinance. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.

 

Section XIV, Effective Date:

This ordinance is effective July 12, 2017 as Ordinance #20170512-2 the Ordinance that this Ordinance replaces was published as required May 20, 2017 and there is no substantive change in forfeiture.

 

Beverly M. Steele, Chairperson  Date

Sheryl Isaksson, Supervisor        Date

Barb Rebak, Supervisor               Date

Jack Smith, Supervisor                Date

Patti Stemwedel, Supervisor       Date

  

Attest:  Tracy Gillespey, Clerk   Date

 

TC Ordinance #20170712-4 Transient Merchant Ordinance Replacement

Created:  04/5/17; 5/9/17 corrected Tracy’s last name;7/12/17 to include Additions, Deletions and Additions as suggested by Colleen Daly, Town Attorney