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HomeMy WebLinkAbout25. 21-534 OCTOBER 26, 2021 21-534 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND CHAPTER 8 TO ELIMINATE AUCTIONEERS AND DIRECT SOLICITATION LICENSE REQUIREMENTS AND TO REVISE REGULATIONS PERTAINING TO PERSONS DIRECTLY SOLICITING WITHIN THE CITY OF OSHKOSH INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING ARTICLE V OF CHAPTER 8 GENERAL REGULATIONS PERTAINING TO AUCTIONS AND AMENDING ARTICLE VII OF CHAPTER 8 GENERAL REGULATIONS PERTAINING TO DIRECT SELLERS AND SOLICITORS WHEREAS, staff recommends the revision and updating of the municipal code pertaining to the regulation of auctioneers and direct solicitors within the City of Oshkosh. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Article V of Chapter 8 General Regulations pertaining to Auctions is hereby repealed. SECTION 2. That Article VII of Chapter 8 General Regulations pertaining to Direct Sellers and Solicitors is hereby amended to read as shown on the attachment to this ordinance. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-XXX on November 9th, 2021, AMEND CHAPTER 8 TO ELIMINATE AUCTIONEERS AND DIRECT SOLICITATION LICENSE REQUIREMENTS AND TO REVISE REGULATIONS PERTAINING TO PERSONS DIRECTLY SOLICITING WITHIN OCTOBER 26, 2021 21-534 ORDINANCE FIRST READING CONT’D THE CITY OF OSHKOSH (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING ARTICLE V. OF CHAPTER 8 GENERAL REGULATIONS PERTAINING TO AUCTIONS AND AMENDING ARTICLE VII OF CHAPTER 8 GENERAL REGULATIONS PERTAINING TO DIRECT SELLERS AND SOLICITORS). The ordinance removes local registration and licensing requirements for auctions and direct sellers and solicitors and amends the regulations pertaining to conduct of direct sellers and solicitors. Auctions must obtain a temporary use permit under the zoning code. Direct sellers and solicitors may not call between the hours of 9 pm and 9 am, must not call at places with no solicitation signs posted, must not call at the rear door of a dwelling, must not make any misrepresentations in relation to their products or the purpose of their visit to a home or business, as well as following all other applicable laws and regulations. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO: Honorable Mayor & Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: October 21, 2021 RE: Amend Chapter 8 to Eliminate Auctioneers and Direct Solicitation License Requirements and to Revise Regulations Pertaining to Persons Directly Soliciting within the City of Oshkosh BACKGROUND Council is being asked to approve an ordinance to eliminate current code requirements for licensing of Auctioneers and Direct Solicitors and to revise regulations pertaining to persons directly soliciting door to door within the City of Oshkosh. The regulation of Auctioneers is likely a legacy regulation in our codes. In checking with the City Clerk’s office, they have not issued a license for this purpose for many years. Planning and Zoning currently have reference to auctions from the zoning perspective and would treat these as a temporary use, similar to garage and estate sales. It would appear reasonable to continue to deal with them from a planning/zoning perspective and eliminate the licensing requirement at this time. The Department of Community Development will review their current language related to auctions and if clarification is necessary will include that in an upcoming revision. Regulation of door to door solicitation for political, charitable and even purely commercial enterprises requires municipalities to balance the First Amendment rights of those wishing to go door to door with the privacy rights of residents. Under prior case law many municipalities, including the City of Oshkosh, regulated commercial door to door solicitation while creating exemptions for charitable and other types of door to door solicitation. The regulations generally were upheld under the municipality’s ability to regulate so long as the regulations bore a reasonable connection to the health, safety and welfare. Commercial speech had generally been analyzed under a lower reasonable relationship standard as opposed to other types of speech regulation which required the municipality to show a compelling reason for regulation and survive “strict scrutiny”. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us As many of the Council are aware, the United Supreme Court has significantly tightened first amendment interpretation and held that any laws that target speech based on content are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling governmental interests. The most prominent of these recent cases was Reed v. Town of Gilbert. Prior interpretations recognizing an intermediate / reasonableness standard for commercial speech appear to be no longer good law under the Reed decision. Door to door or direct solicitation ordinances that make distinctions based on commercial v. non-commercial solicitation are ripe for challenge under this more stringent constitutional standard. In reviewing current case law related to direct solicitation, we did not find any Wisconsin case or 7th circuit federal case directly on point. There is somewhat of a mix of interpretations among other federal circuits with some now applying the strict scrutiny standard to any content based regulation and some circuits still applying the intermediate standard to commercial speech. However, even those circuits applying the intermediate standard appear to be looking much more deeply at the ordinances, the reasons given in support of the ordinance, and whether the regulations are the least restrictive means necessary to address the identified problems. Whichever standard is applied, municipalities are being asked to meet a high standard to show that they are necessary regulations and that the regulations are the least restrictive means to address specific identified problems. ANALYSIS Looking specifically at the Oshkosh ordinance, the City of Oshkosh regulates direct sellers under Chapter 8 of the municipal code. The City issues a relatively small number of these types of licenses each year and has not had significant issues regarding persons operating within the City. The City only regulates persons who are selling goods or services. The City does not regulate anyone who is not selling anything. Of those who are selling items the City then exempts charitable organizations – including anyone “purporting to be” a charitable organization; crafts persons selling their own goods; persons selling agricultural products that they have personally grown, and a few others. Under the current ordinance, we would for example, regulate door to door magazine subscription sales or door to door solicitation of lawn care services – but we would not regulate students selling fundraising goods, girl scouts selling cookies, students selling magazine subscriptions that have any charitable component, or persons selling lawn care services that purport to have a charitable component. Under this scheme the City could be challenged for regulating commercial speech differently and then further regulating City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us different types of commercial speech (for or including part charitable purpose) differently. Based on the current case law, staff is concerned about a potential challenge to the current ordinance in regard to licensing, particularly in relation to creating different classes of speech with different regulations applicable to them. Staff recommends repealing the registration and licensing requirements for direct solicitors and revising the definition to treat all direct solicitors in the same manner for purposes of regulating conduct. With regard to conduct, the current regulations include prohibitions for soliciting between 9 pm and 9 am, identifying oneself and the business, calling on places where “no solicitation” signs are displayed, going to the back doors, making false statements, impeding sidewalks, littering, and similar regulations. There is less concern over the portions of the ordinance regulating conduct particularly if these provisions would be applied equally to all. The portions of the ordinance regulating conduct also appear to be reasonable regulations which could be reasonably applied to any person who goes to a private home or business without invitation to sell goods or services or to solicit contributions of time, money or support. Therefore, staff is proposing to retain provisions limiting the hours for solicitation, making false statements and the like and expanding those provisions to all manner of direct solicitation. For example, we would limit general commercial solicitation as well as school or scout solicitations to the hours between 9 am and 9 pm. By applying the general rules to all evenly, the City is in a better position to defend the ordinances as reasonable regulations for the general public health, safety and welfare. Staff did review the 9 am to 9 pm time period. This period is consistent with case law recognizing those hours as constitutionally acceptable in the context of commercial solicitation. They would also coincide with the nationwide 9 pm routine which the Oshkosh Police Department promotes, asking citizens to check that doors are locked and items secure by 9 pm each evening. This timing also appears to leave open ample alternative hours and forms of communication under the First Amendment. Finally, staff is recommending removing the additional commercial transaction provisions from the municipal code. These provisions restate rights and remedies that private persons already have under state statute, but by inserting them into the municipal code they would imply that the city will take an active role in the enforcement of those private rights. The City Attorney’s office does not enforce individual private rights. Attached to this memorandum is a copy of the proposed revised ordinance as well as a redline version showing the recommended changes. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT There is minimal anticipated fiscal impact associated with the proposed ordinance change. The City Clerk indicates that they issue about ten (10) licenses for direct solicitation each year at $80.00 per license for a total of $800.00. Each license requires time to be spent by the Clerk’s office reviewing the documentation and the Police Department doing a background check on individuals. This time likely far exceeds the $80 license fee. RECOMMENDATION Staff recommends adoption of the Ordinance. Respectfully Submitted, Approved: Lynn A. Lorenson John Fitzpatrick City Attorney Assistant City Manager ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-45 INTENT OF REGULATIONS The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh in their residence and throughout the community and to protect residents from commercial fraud whenever possible. The Common Council recognizes that constitutional limitations restrict extensive and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations are essential to promote privacy among city residents given that door-to-door type activities as contemplated herein are not traditional public forums. SECTION 8-47 DEFINITIONS When used in this Article, the following terms shall have the following meanings: (A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a partnership, association or corporation, who without invitation goes to private homes or businesses for the purpose of selling goods or services, taking orders for the later delivery of goods or services, or requesting contributions of time, money, or support for any cause, issue or person, and shall include, but not be limited to peddlers, solicitors, transient merchants, charitable contributions, proselytizing, and solicitations for political candidates. SECTION 8-50 REGULATIONS (A) No Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning; (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented; a) When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance. (6) Failing to display when requested a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, Failing to display, when requested to do so by any law enforcement officer, such identification or document. (7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed. (8) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one- hundred (100) foot radius of the source. (9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. SECTION 8-55 SEVERANCE CLAUSE The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part. ARTICLE V. AUCTIONS SECTION 8-39 AUCTIONS AND AUCTIONEERS; LICENSE REQUIRED. No person shall sell any goods, ware, merchandise or other thing whatever at auction in any place in the City (unless exempt from obtaining an auctioneer's license by the laws of Wisconsin) unless a license therefor is first obtained from the City Manager as hereinafter provided, except that no license shall be required when a sale by auction is made by virtue of any rule, order or judgment of any Court, or when made by or on behalf of any executor or administrator of any estate, or for auction of household goods which have been used as such by the person making the sale, with or without an agent auctioneer, providing, however, that in the case of an auction of household goods other than by virtue of a court order, twenty-four (24) hours notice in writing shall e given the Police department. SECTION 8-40 APPLICATION Application for a license shall be made in writing to the Clerk accompanied by the prescribed fee, setting forth therein the proposed place of business. In no case shall such license be transferable, or the place of business be changed without the consent, in writing, of the City Manager. Such license shall be signed by the City Manager and Clerk after being granted by the City Manager. SECTION 8-41 FEE. (A) The fee shall be Twenty-five ($25.00) Dollars per day for an auction. (B) The City Manager may grant licenses to applicants to sell goods, wares and merchandise at auction for one (1) year or fraction thereof upon payment into the treasury of Three Hundred Dollars ($300.00), but all such licenses shall expire on the following June 30. SECTION 8-42 FALSE STATEMENTS No auctioneer or other person connected with or in any manner interested in any auction sale, being present when any article or thing is offered for sale at auction, shall knowingly and with intent to induce any person or persons to purchase same or any part thereof, make any false representations or statements as to the ownership, character or quality of the article or articles so offered for sale. ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-45 INTENT OF REGULATIONS The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh in their residence and throughout the community and to protect residents from commercial fraud whenever possible. The Common Council recognizes that constitutional limitations restrict extensive and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations are essential to promote privacy among city residents given that door-to-door type activities as contemplated herein are not traditional public forums. SECTION 8-46 REGISTRATION REQUIRED It shall be unlawful for any person to engage in direct sales or solicitation within the City of Oshkosh without first being registered for that purpose and complying with the provisions of this Article as provided herein. SECTION 8-47 DEFINITIONS When used in this Article, the following terms shall have the following meanings: (A) "Charitable Organization" shall include any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such. (A) "Direct SellerSolicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a partnership, association or corporation, who without invitation goes to private homes or businesses for the purpose of sellings goods or services, or takes salestaking orders for the later delivery of goods or services, or requesting contributions of time, money, or support for any cause, issue or personat any location other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include, but not be limited to peddlers, solicitors and , transient merchants, charitable contributions, proselytizing, and solicitations for political candidates. The sale of goods or services includes donations required by the direct seller for the retention of goods or services by a donor or prospective customer. (B) "Goods" shall include personal property of any kind, and shall include goods provided incidental o services offered or sold. (C) "Permanent Merchant" means a direct seller who operates an established business in this city from a permanent location in compliance with the provisions of Chapter 30 of this Municipal Code. (D) "Services" shall include the performance of a duty or labor for the benefit of another and shall include services provided incidental to goods offered or sold. (E) "Solicitor" means any individual who, for him/herself, or for a partnership, association or corporation, appears for contributions of money, time, support or personal property of any kind or value. SECTION 8-48 SCOPE OF ARTICLE (A) The registration requirements of this Article shall not apply to the following: (1) artists or craftsmen selling their own creations; (2) employees, members, officers or agents of a charitable organization engaging in direct sales or solicitation for or on behalf of said organization, provided that there is submitted to the City Clerk satisfactory evidence of registration under Section 440.41 of the Wisconsin Statutes, provided there is compliance with the provisions of Section 8-54 of this Article. Any organization not so registered, or which is exempt from such registration requirements except for veterans organizations incorporated under Chapter 188 of the Wisconsin Statutes or chartered under federal law, shall be required to register under this Article; (3) individuals delivering newspapers, fuel, dairy products or bakery goods to regular customers or established routes or to prospective customers for sales for future delivery; (4) individuals selling personal property at wholesale to dealers in such goods; (5) permanent merchants, their employees or designee, who take orders away from the established place of business for goods regularly offered for sale by such merchants and who deliver said goods in the regular course of their business; (6) persons who have had, or one who represents a direct seller upon proper identification who has had, a prior business transaction with the prospective customer, or who have been contacted by the buyer who specifically requested a home visit; (7) persons selling agricultural products which such persons have grown or produced. (B) Nothing contained in this Article shall be construed to prohibit or restrict any sale required by statute or by order of any Court, or to prevent any person conducting a bona fide auction pursuant to law. SECTION 8-49 REGISTRATION (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, 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) 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 goods offered, and any services offered; (6) proposed method of delivery of goods, if applicable. (7) make, model and license number of any vehicle to be used by applicant in the conduct of his/her business; (8) last cities, villages, towns, not to exceed three, where applicant conducted similar business, if any; and, where employer conducted similar business; (9) place where applicant can be contacted for at least seven days after leaving Oshkosh; (10) statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last five years; the nature of the offense and the place of conviction; (11) date of request for registration. (B) Applicants shall present to the City Clerk 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 City Sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by state authorities; (3) a 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 90 days prior to the date the application for license is made. (C) At the time the registration is returned for filing with the City Clerk, the applicant shall have paid to the City Treasurer a fee of $80.00 and shall display to the City Clerk a receipt for payment thereof. (1) 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 any activities. The City Clerk shall immediately forward by first class mail any such court papers to the permanent address of the applicant as listed on the application for registration. (D) Upon receipt of each application and display of receipt for payment of fee, the City Clerk shall immediately refer it to the Chief of Police or designee for investigation, to be completed within ten business days of referral, of the statements made in the application. (1) The City Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation, any one of the following: (a) the application contains any material omission or materially inaccurate statement; (b) valid or substantial complaints of material nature against the applicant received by authorities in the communities where the applicant conducted similar business; (c) the applicant had his/her registration revoked by the City Council and six months since the date of revocation, or decision or appeal, have not elapsed; (d) the applicant was convicted of, or is subject to pending charge of, a crime, statutory or regulatory violations, or ordinance violation within the last five (5) years for an offense which is substantially related to the circumstances of the particular job or licensed activity or the nature of which is directly related to the applicant's fitness to engage in direct selling or solicitation; (e) the applicant failed to comply with any applicable provision of subsections (B) or (C) above. (2) Upon completion of such investigation, the City Clerk shall, subject to the restrictions contained in subsection (1) above, register the applicant as a direct seller or solicitor and shall issue to the applicant an identification card. (a) the registration shall be valid for a period not exceeding twelve months; (b) all registrations shall expire on December 31st of the year entered. (3) The identification card shall contain the applicant's name and representation, a current photograph of the applicant, the date of registration and the date of expiration, and a disclaimer that the City, despite registration requirements, does not endorse or condone the activities of the applicant. Said card shall be embossed in plastic and shall be issued to the applicant upon registration. a) such card shall be visibly displayed at all times the applicant is conducting direct sale or solicitations; b) no applicant may engage in direct sales or solicitations prior to registration and issuance of such identification; c) the City Clerk shall require payment of ten dollars ($10.00) to issue a replacement card. (E) Any person denied registration may appeal the denial. Sections 68.07 through 68.16 of the Wisconsin Statutes shall govern any appeal and the City Attorney or designee is hereby appointed as impartial decision maker for any hearing on administrative appeal. SECTION 8-50 REGULATIONS (A) The following practices are hereby prohibitedNo Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning; (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented; a) A When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance, and said portion shall be expressed as a percentage of the sale price of the goods or services. (6) (6) Failing to outwardly display at all times while engaged in direct selling or soliciting the city-issued identification, if registration is required, or failing to display when requested a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, if exempt from the registration requirements of this Article; (7) a) Failing to display, when requested to do so by any law enforcement officer, such identification or document. (8)(6) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed. (9)(7) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one- hundred (100) foot radius of the source. (10)(8) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. (B) The following shall be additional requirements for direct sellers: (1) After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of goods or service he/she offers to sell. (2) If any sale of goods is made by a direct seller, 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 425, in accordance with the procedure as set forth in sec. 423.203, 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 secs. 423.203(l)(a)(b) and (c), (2) and (3), Stats. (3) If the direct seller takes a sales order for the later delivery of goods 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. SECTION 8-51 RECORDS The Chief of Police or designee shall report to the City Clerk all convictions for violation of this ordinance. The City Clerk shall note any such violation on the record of the individual and shall report any such conviction to the City council and to the partnership, association or corporation on whose behalf the individual represents. SECTION 8-52 REVOCATION OF REGISTRATION (A) Registration may be revoked by the City Council after notice and hearing for any of the following: (1) making any material omission or materially inaccurate statement in the application for registration; (2) making any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in the direct sales of soliciting; (3) violating any provisions of the Article; (4) being convicted of any crime or any statutory, regulatory or ordinance violation which is directly related to the registrants' fitness to engage in direct selling or soliciting; (5) conducting direct sales or solicitations in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (B) Written notice of the hearing for revocation shall be given by the City Clerk setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed postage prepaid to the registrant at his/her last known address, as listed on the application, at least five (5) days prior to the date set for hearing or shall be served in the same manner as a summons in a civil matter at least three (3) days prior to the date set for hearing. (C) The hearing, final determination and any judicial review shall be governed by Sections 68.11(2) and (3), 60.12 and 68.13 of the Wisconsin Statutes. (1) The City Attorney shall act as prosecutor of any complaint; (2) Final determination shall be by the City Council and shall be mailed postage prepaid, by the City Clerk to the individual at the last known address as listed on the application or as provided by the individual at the hearing. SECTION 8-53 REAPPLICATION No individual whose registration has been revoked shall make further application until a period of six (6) months shall have elapsed since the date of the last previous revocation by the City Council or as determined on appeal. SECTION 8-54 EXEMPT CHARITABLE ORGANIZATIONS In the event an organization is exempt from the registration requirements of this Article, said organization shall still be required to file an application with the City Clerk furnishing the following information: (A) Name of the organization and purpose of the cause for which direct sales or solicitation is being conducted; (B) Names and addresses of the organization and of the officers and of the directors of the organization; (C) Period during which direct sales or solicitation is to be carried on; (D) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such direct sales or solicitations and the amount thereof; (E) Type of identification or documentation is to be used by individuals engaging in direct sales or soliciting on behalf of the organization; (F) Satisfactory evidence of registration under Section 440.41 of the Wisconsin State Statutes. All other provisions and regulations of this Article, as may be applicable, shall be complied with. SECTION 8-55 SEVERANCE CLAUSE The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part.