Chapter 5.35


5.35.010    Definitions.

5.35.020    Exemptions.

5.35.030    License required.

5.35.040    Application.

5.35.050    Issuance.

5.35.060    Exhibition of license.

5.35.070    Duty of police to enforce.

5.35.080    Invitation required.

5.35.090    Convictions.

5.35.100    Revocation of license.

5.35.110    Reapplication.

5.35.010 Definitions.

When used in this chapter, the following terms shall have the following meanings:

1.    The words “transient merchant” as herein used shall include all individuals, persons, partnerships, firms or corporations and their principals, agents or employees, who engage in, do or transact any temporary or transient business in this Town, either in one location or by moving his place of business from place to place in the Town selling goods, wares or merchandise, and whether or not for the purpose of carrying on such business, such individual hires, leases, occupies or uses a building, structure, vacant lot, or railway car or vehicle for the exhibition and sale of such goods, wares and merchandise.

2.    The word “solicitor” shall include any individual, person, partnership, firm or corporation, going from place to place or from house to house, or who stands in any street or public place taking orders or offering to take orders for the sale of goods, wares and merchandise by sample or who engages a room or space in any building or hotel or motel or rooming house for less than 90 days and solicits orders therefor by telephone for the roofing, siding or repair of homes, garages or other buildings, for the sale of appliances or photographs or personal property of any kind.

3.    The words “hawker” and “peddlers” as herein used shall include all individuals, persons, partnerships, firms or corporations, whether principals or agents, or employees, who go about the Town from place to place transporting goods, wares or merchandise for the purpose of vending, selling, disposing, or delivering the same to any person or persons. (2008 code § 8.09(1))

5.35.020 Exemptions.

1.    The terms of this chapter shall not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor the acts of resident merchants or their employees in delivering goods in the regular course of business, nor shall this chapter apply to any farmer or truck gardener who shall vend, sell, or dispose of the products of the farm or garden occupied and cultivated by him.

2.    This chapter shall not prohibit any sale required by statute or by order of any court, or prevent any person conducting a bona fide auction sale pursuant to the law.

3.    Any veteran who holds a special state license issued pursuant to Wis. Stat. § 440.51 shall be exempt from the securing of a license as provided herein. (Ord. 2010-15 § 4. 2008 code § 8.09(2))

5.35.030 License required.

No transient merchant, solicitor, hawker, or peddler shall vend, sell or dispose of, or solicit orders for the sale of goods from house to house at retail by sample, or solicit orders for roofing, siding or repair of homes, garages or other buildings, or solicit orders by telephone for the taking of photographs or enlargements or offer to vend, sell or dispose of any goods, wares, merchandise, produce, photographs, roofing, siding or any other personal property about the streets, avenues, alleys or any place whatsoever within the Town without first having obtained a license from said Town for that purpose, and without first having paid the license fee therefor as hereinafter provided and prescribed. Solicitation by any person licensed hereunder is forbidden after 6:00 p.m. except by invitation. (2008 code § 8.09(3))

5.35.040 Application.

1.    Applicants for license under this chapter shall file with the Town Clerk a sworn application in writing on a form to be furnished by the Town Clerk which shall give the following information:

a.    Name and description of applicant.

b.    Permanent home address and full local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made.

c.    A brief description of the nature of the business and the goods to be sold.

d.    If employed, the name and address of the employer, together with credentials establishing the exact relationship.

e.    The length of time for which the right to do business is desired.

f.    The source of supply of the goods or property proposed to be sold or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery.

g.    A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

h.    The three municipalities where the applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities.

2.    Fees. At the time of filing the application, a fee of $35.00 shall be paid to the Town Clerk to cover the cost of reviewing, investigating and processing the application, including deferral to the Town Police Department and other authorities, if necessary, and for issuing the permit. Legitimate not-for-profit organizations, such as Girl Scouts, shall be exempted from the fee. If any other organization requests that they be exempted from the foregoing fee on the basis of constitutional rights assertions (i.e., speech, religion, etc.), a request for exemption shall be specifically stated and the Clerk shall immediately refer the same to the Town Attorney, who shall determine whether or not the exemption to such fee is warranted. If the application for exemption is not denied by the Town Attorney within five business days of receipt of such request, the permit fee shall be waived. (2008 code § 8.09(4))

5.35.050 Issuance.

1.    Upon receipt of each application and application fee the Clerk shall issue the license.

2.    Such license shall contain the signature of the issuing officer and shall show the name and address of said licensee, the class of license issued and the kind of goods to be sold thereunder, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such business.

3.    Each peddler, solicitor, canvasser, or transient merchant must secure a personal license.

4.    No license shall be used at any time by any person other than the one to whom it is issued. (2008 code § 8.09(5))

5.35.060 Exhibition of license.

Licensees are required to exhibit their certificates of license at the request of any citizen. (2008 code § 8.09(6))

5.35.070 Duty of police to enforce.

The police of the Town shall require any person seen peddling, soliciting, canvassing, or engaged in the business of transient merchant, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this chapter against any person found to be violating the same. (2008 code § 8.09(7))

5.35.080 Invitation required.

1.    The practice of going in or upon private residences, business establishments, or offices in the Town by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants of said private residences, business establishments or offices for the purpose of soliciting orders for the sale of goods, wares and merchandise or peddling or hawking the same or soliciting subscriptions for magazines or other periodicals is hereby declared unlawful.

2.    Exception. This section shall not apply to:

a.    Solicitations for charitable, patriotic, philanthropic purposes, licensed in accordance with Chapter 5.25 ETMC.

b.    Any sale required by statute or by any order of the court.

c.    Any bona fide auction sale conducted in a manner provided by law. (2008 code § 8.09(8))

5.35.090 Convictions.

The Chief of Police shall report to the Town Clerk all convictions for violation of this chapter. (2008 code § 8.09(9))

5.35.100 Revocation of license.

1.    Licenses issued under this chapter may be revoked by the Town Board after notice and hearing for any of the following causes:

a.    Fraud, misrepresentation or false statement contained in the application for license.

b.    Fraud, misrepresentation, false statement or imposition made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor.

c.    Any violation of this chapter.

d.    Conviction of any crime involving moral turpitude.

e.    Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, 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.

f.    Sale of any adulterated food, drink, or drug, or of any food deleterious to health.

g.    Violation, by the licensee or with his consent, express or implied, of the statutes which prohibit gambling or immoral exhibitions.

2.    Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. (2008 code § 8.09(10))

5.35.110 Reapplication.

No applicant whose license has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous revocation, unless he can show that the reason for such revocation no longer exists. (2008 code § 8.09(11))