[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as Sec. 12.02 of the 2001 Village Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 321.
No person shall engage in the business of peddler, hawker, trucker,
solicitor, canvasser or transient merchant within the Village of Blue
Mounds without first obtaining a license from the Chief of Police
in compliance with the provisions of this chapter.
This chapter or any part thereof shall not apply to the following: newsboys; merchants delivering goods in the regular course of business; vendors of milk, bakery goods, groceries or ice distributing products to only regular customers on established routes; farmers and truck gardeners; religious, charitable, patriotic or philanthropic organization; persons selling property at wholesale to dealers; persons holding a state license issued pursuant to Wis. Stat. § 440.51; but such persons shall comply with the provisions of § 267-8C, D and E of this chapter.
[Amended 10-13-1993 by Ord. No. A-104]
At the time of filing application, the applicant shall pay to
the Village Clerk/Treasurer an investigation fee to cover the cost
of investigation of the facts stated in the application. The application
shall be sworn to by the applicant and filed with the Chief of Police
and shall contain such information as the Chief shall require for
the effective enforcement of this chapter and the safeguarding of
the residents of the Village from fraud, misconduct or abuse.
Upon receipt of each such application, the Chief of Police shall
immediately institute such investigation of applicant's business
and moral character as he deems necessary for the protection of the
public good, and shall endorse his approval or disapproval upon said
application within 72 hours after it has been filed with him, and
shall issue or deny the license in accordance with his findings after
presentation by the applicant of a receipt of the Village Clerk/Treasurer
showing payment of the required fee.
[Amended 10-13-1993 by Ord. No. A-104]
There shall be an investigation fee and a daily and annual license
fee for peddlers, canvassers and transient merchants as established
by resolution of the Village Board and posted in the office of the
Village Clerk/Treasurer.
If the Chief determines from his investigation of said application that the interests of the Village or of inhabitants of the Village require protection against possible misconduct of the licensee or that the applicant is otherwise qualified but due to causes beyond his control is unable to supply all of the information required by § 267-3, he may require the applicant to file with the Village Clerk/Treasurer a bond in the sum of $500 with surety acceptable to the Village President running to the Village conditioned that he will fully comply with the ordinances of the Village and laws of the state relating to peddlers, canvassers or transient merchants and guaranteeing to any citizen of the Village of Blue Mounds doing business with him that the property purchased will be delivered according to the representations of applicant, provided that action to recover on any such bond shall be commenced within six months after the expiration of the license of the principal.
The Chief shall date all licenses issued hereunder and shall
specify thereon the fee paid and date of expiration. Annual licenses
shall be issued on a calendar-year basis and expire December 31 of
the year of issue. Applications for renewals shall be handled in the
same manner as original applications. Licenses issued under this chapter
are personal and may not be transferred.
A.
Consent required. No peddler, canvasser or transient merchant as
herein defined shall go in or upon any private residence, business
establishment or office in the Village for the purpose of soliciting
orders for goods, wares and merchandise or peddling or hawking the
same or soliciting subscriptions for magazines or other periodicals
without having been requested or invited to do so by the owner or
owners, occupant or occupants of said place.
B.
Display of license. Persons licensed under this chapter shall carry
their licenses with them while engaged in licensed activities and
shall display such licenses to any police officer or citizen upon
request.
C.
Misrepresentation prohibited. No licensee shall intentionally misrepresent
to any prospective customer the purpose of his visit or solicitation,
nor the name or business of his principal, if any, nor the source
of supply of the goods, wares or merchandise which he sells or offers
for sale nor the disposition of the proceeds or profits of his sales.
D.
Loud noises and speaking devices. No licensee, nor any person in
his behalf, may make any loud noise or use any sound amplifying device
upon any of the streets, alleys, parks or other public places of the
Village or upon private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, alleys, parks, or other public places,
for the purpose of attracting attention to any goods, wares, or merchandise
which such licensee proposes to sell.
E.
Use of streets. No licensee shall have any exclusive right to any
location in the public streets, nor shall any licensee be permitted
a stationary location thereon nor be permitted to operate in a congested
area where such operation might impede or inconvenience the public
use of such streets. For the purpose of this chapter, the judgment
of a police officer, exercised in good faith, shall be deemed conclusive
as to whether the area is congested and the public impeded or inconvenienced.
Licenses issued under the provisions of this chapter may be
revoked or suspended by the Village President for a period not to
exceed five days pending hearing by the Village Board for fraud, misrepresentation
or incorrect statement contained in the application or made in the
course of carrying on business; conviction of licensee of any crime
or misdemeanor or conducting the licensed business in an unlawful
or disorderly manner or in such a manner as to menace the health,
safety or general welfare of the public.
The penalty for violation of any provision of this chapter shall be a penalty as provided in § 1-3 of the Village Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
