[HISTORY: Adopted by the Common Council of the City
of Oconto Falls at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 315.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual who goes from place to place within the City soliciting
orders for the future delivery of property or for services to be performed
in the future, including any person who occupies any place within the City
for the purpose of exhibiting samples and taking orders for future delivery.
The City Administrator - Clerk/Treasurer or his designated official.
Any individual who, for himself or for a partnership, association,
or corporation, sells goods or takes sale orders for the later delivery of
goods at any location other than the permanent business place or residence
of such individual, partnership, association, or corporation and shall include,
but not be limited to, canvassers, peddlers, solicitors, and transient merchants.
The sale of goods includes donations required by the direct seller for the
retention of goods by a donor or prospective customer.
Includes personal property of any kind and shall also include personal
services offered or sold independently of, in conjunction with, or incidental
to any personal property offered or sold.
An individual who goes from place to place within the City offering
for sale property which he carries with him, including a vendor who distributes
his products to regular customers on an established route.
A person who engages at a fixed location in the City in the temporary
business of selling property or for services at such location. "Transient
merchant" does not include a person who does not sell from stock but exhibits
samples for the purpose of securing orders for future delivery only but includes
a person who associates temporarily with any local business or conducts business
in the name of a local merchant, dealer or auctioneer.
No license shall be required hereunder of the following:
A.
Persons selling personal property at wholesale to dealers
in such articles.
B.
Newspersons.
C.
Children under 18 years who are residents of the City.
D.
Merchants or their employees delivering goods in the
regular course of business.
E.
Farmers or truck gardeners offering to sell the products
of a farm or garden cultivated by them.
G.
Any person soliciting for charitable, religious, patriotic,
or philanthropic purposes for organizations qualifying under Internal Revenue
Service rules, provided that the proceeds thereof are devoted solely to the
purpose of the organization.
H.
Sales required by statute or order of a court.
I.
Bona fide auction sales conducted pursuant to law.
At the time of application filing, the applicant shall pay to the Clerk
a fee as set by the Common Council to cover the cost of investigation of the
facts stated in the application.
A.
When required. Every applicant who is not resident of
Oconto County or who represents a firm whose principal place of business is
located outside the state shall file with the Clerk a surety bond approved
by the Administrator - Clerk/Treasurer or designee in the amount of $500,
conditioned that the applicant will comply with all provisions of the City
of Oconto Falls Code and state laws and guaranteeing to any person doing business
with the licensee that all money paid will be accounted for and applied according
to the representations of the licensee, and further guaranteeing that property
purchased for future delivery will be delivered according to the representations
of the licensee.
B.
Action on bond. Action on such bond may be brought by
any person aggrieved.
No person licensed hereunder shall, in advertising his goods and services,
create any noise annoying to a person of ordinary sensibilities.
No licensee shall use the public streets or sidewalks for purpose of
sales in such manner as to impede or inconvenience the public use of the streets
or sidewalks.
Any person licensed hereunder shall carry his license with him while
engaged in licensed activities and shall, upon request, display such license
to any officer of the City or any person with whom he seeks to do business.
No person licensed hereunder shall call at any residence or other place
between 9:00 p.m. and 9:00 a.m. except by appointment.
No licensee shall:
A.
Call at any place where a sign is displayed bearing the
words "No Peddlers," "No Solicitors" or words of similar meaning.
B.
Call at any building entrance not regarded as the front
or public entrance of the building.
C.
Remain on the premises after being requested to leave
by the owner, occupant, or person in authority.
Any violation of this chapter shall be subject to a penalty as provided in § 1-9 of this Code.
