Chapter 5.25
TRANSIENT MERCHANT LICENSE (DOOR TO DOOR SALES)

Sections:

5.25.010    Title and purpose.

5.25.020    Authority.

5.25.030    Adoption of chapter.

5.25.040    Coverage.

5.25.050    Application/permit.

5.25.060    Exemptions.

5.25.070    Ordinance/permit.

5.25.080    Penalty provision.

5.25.010 Title and purpose.

The title of this chapter is the Town of East Troy Transient Merchant Ordinance. The purpose of this chapter is to regulate by license and penalty the canvassing or soliciting by transient merchants in their selling of goods and services in the Town of East Troy. (Ord. 2015-3. 2008 code § 8.06(1))

5.25.020 Authority.

The Town Board of the Town of East Troy, Walworth County, Wisconsin, has the authority under its village powers under Wis. Stat. § 60.22, and the specific authority under Wis. Stat. § 66.0423, to adopt this chapter. (Ord. 2015-3. 2008 code § 8.06(2))

5.25.030 Adoption of chapter.

This chapter, adopted by a majority of the Town Board with a quorum present and voting and proper notice having been given, provides for the regulation and permitting of certain canvassing and soliciting by transient merchants in the Town. (Ord. 2015-3. 2008 code § 8.06(3))

5.25.040 Coverage.

1.    No person, without a proper permit issued by the Town Clerk as authorized by the Town Board, unless otherwise exempted from this chapter as outlined herein, shall travel from place to place within the Town of East Troy offering the sale of property that he or she carries with him or her, who goes from place to place within the Town of East Troy soliciting orders for services or goods to be provided in the future, or who engages in, at a fixed location within the Town of East Troy, a temporary business of selling property or services at that location in the Town of East Troy. Persons engaged in these activities are transient merchants within the meaning of this chapter.

2.    The fee for a permit issued under this chapter shall be $35.00. Said fee is required for the costs associated with processing a permit application along with the costs associated with a background check of the applicant. If the applicant is a company with multiple employees or independent contractors who wish to sell the company’s goods or services or solicit business door to door for goods or services to be provided in the future must complete an application and pay the $35.00 fee for each person it wishes to be allowed to transact business in the Town of East Troy. No person shall solicit orders, offer sales, or engage in a business covered by this ordinance in the Town of East Troy without having first been issued a permit under this chapter unless that person(s) fall under an exception as outlined herein. (Ord. 2015-3. 2008 code § 8.06(4))

5.25.050 Application/permit.

The application and permit shall designate the area in the Town of East Troy where sales efforts by the applicant may occur. The permit shall not be transferable to another person. A permit issued under this chapter shall be valid for one calendar year. The permit shall be shown to any resident in the Town of East Troy if the permitted applicant is requested to demonstrate his or her permit. The applicant shall, prior to issuance of any permit, provide to the Town Clerk a driver’s license or some other proof of identity as the Town Clerk may require. The application may include all of the following:

1.    The name of the applicant.

2.    The address of the applicant.

3.    The residential and business telephone number, facsimile number, and e-mail address of the applicant, if any.

4.    The height, weight, hair color, and eye color of the applicant.

5.    The nature of the sales business.

6.    The areas of the Town of East Troy where solicitation will occur.

7.    The general description of the property or services to be offered for sale.

8.    Any references, certificates, articles, affidavits, and recommendations to demonstrate the good character and honesty of the applicant.

9.    Any references, certificates, articles, affidavits, and recommendations to demonstrate the quality of the product or service to be sold.

10.    The applicant’s residency for the last 12 months.

11.    The names, addresses, and phone numbers of two character references.

12.    The make, model, and license number of any motor vehicle to be used in conduct of the sales business. (Ord. 2015-3. 2008 code § 8.06(5))

5.25.060 Exemptions.

The following persons, uses and activities are exempt from the provisions of this chapter:

1.    Wholesalers selling personal property at wholesale to dealers, distributors, or retailers.

2.    Newspaper, periodicals, fuel, dairy products, grocery or bakery goods delivery people.

3.    Children under 18 years of age, or who are 18 years old and still pursuing a high school diploma or its equivalent.

4.    Town merchants or employees of those merchants taking orders for or delivering goods in the regular course of business in the Town of East Troy.

5.    Farmers and truck gardeners offering for sale agricultural perishable products that were raised or cultivated by them.

6.    A veteran holding a state license under Wis. Stat. § 440.82.

7.    Sales in the Town of East Troy required by statute or court order.

8.    Auction sales in the Town of East Troy conducted for public purchase under state law.

9.    Sales of services or goods in the Town of East Troy as permitted under another Town of East Troy permit or Town ordinance. (Ord. 2015-3. 2008 code § 8.06(6))

5.25.070 Ordinance/permit.

All persons subject to this chapter shall comply with this chapter and all state laws, rules and administration codes regarding the sale of goods and services in the Town of East Troy. Further, the applicant shall be subject to all of the following:

1.    No person shall be issued or reissued a permit until the appropriate application fee has been paid to the Town Clerk.

2.    No person shall be issued or reissued a permit who has failed to properly and fully complete and submit to the Town Clerk the application form used by the Town of East Troy under this chapter.

3.    No person, as a permitted applicant under this chapter, shall call upon any residential dwelling or other place in the Town of East Troy between 8:00 p.m. and 10:00 a.m., except by appointment, nor upon all recognized religious holidays.

4.    No person, as a permitted applicant under this ordinance, shall call upon any residential dwelling or other place within the Town of East Troy where a sign bearing the words “No Peddlers” or “No Trespassing” or similar words appear near the doors of the dwellings or any other place upon the resident’s property if the sign can be seen without obstruction. (Ord. 2015-3. 2008 code § 8.06(7))

5.25.080 Penalty provision.

Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, pay a forfeiture of not less than $250.00 nor more than $500.00 plus any required fees, costs, or surcharges which may be required to be imposed by the court for each violation. Each day a violation exists or continues constitutes a separate offense under this chapter. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations. (Ord. 2015-3. 2008 code § 8.06(8))