[HISTORY: Adopted by the Village Board of the Village of Allouez 10-17-2017 by Ord. No. 2017-09. Amendments noted where applicable.]
Pawnbrokers and secondhand dealers — See Ch. 326.
Editor’s Note: This ordinance also repealed former Ch. 188, Canvassers and Transient Merchants, adopted as Ch. 21 of the Village Code, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- A person who goes from place to place within the Village soliciting orders for the future delivery of property or for services to be performed in the future. It includes any person who occupies any place within the Village for the purpose of exhibiting samples and taking orders for future delivery.
- A person who goes from place to place within the Village offering for sale property which he or she carries with him or her.
- TRANSIENT MERCHANT
- A person, firm, association, or corporation engaging temporarily in a retail sale of goods, wares, or merchandise in any place in this state and who, for the purpose of conducting business, occupies any lot, building, room, or structure of any kind within the Village.
It shall be unlawful for any person to engage in direct sales or solicitation within the Village as a canvasser, solicitor, peddler or transient merchant without first being registered with the Village. Village Board approval is required for transient merchant vending in Village parks. (Vendors with a tax-exempt number shall be exempt from the fee.) Canvassing, soliciting or peddling is not allowed in any Village park.
Permit required. No person, firm, association or corporation, except as provided in Subsection C, shall engage in the business of, or act as, a canvasser, solicitor, peddler or transient merchant as defined herein within the limits of the Village of Allouez without having a valid permit from the Village in compliance with the provisions of this chapter. Every person who shall act as an assistant or helper to any canvasser, solicitor, peddler or transient merchant shall not act in such capacity without having his or her own valid permit as required in this chapter.
A permit is not required of anyone acting on behalf of any charitable, religious or nonprofit group, association or corporation, as defined by and qualified under the Internal Revenue Code, for the solicitation of funds, no part of which is paid either directly or indirectly to the person soliciting the funds or any person, firm or corporation which employs the person for acquiring such funds.
Any person desiring to secure a permit as herein described as a canvasser, solicitor, peddler, or transient merchant shall apply, in writing, to the Village Clerk-Treasurer on forms provided by the Village, and such application shall include:
The name, previous names or aliases, address, temporary address if any, DOB and phone number of the applicant;
The name, address and phone number of the person, firm or corporation employing the applicant, and the name and phone number of the applicant's supervisor;
The type and source of merchandise or services offered by the applicant;
A copy of photo identification of the applicant and their motor vehicle license number;
If the applicant owns or uses an automobile for canvassing, soliciting or peddling, a description of the vehicle, together with the license number and name of state issuing the license;
A statement as to whether the applicant has been convicted of any crime, which shall further include any ordinance violation related to the applicant's canvasser, solicitor, peddler or transient merchant business; the nature of the offense and the date and place of conviction.
Fees for each permit issued under the provisions of this chapter are outlined in Chapter 225, Fees and Charges, and fall into three categories:
Canvassers or solicitors who are acting solely on behalf of any charitable, religious or nonprofit group or association as defined by and so qualified under the Internal Revenue Code pay no fee, except that each such canvasser or solicitor shall pay the actual costs incurred by the Village for a background check to determine if the applicant has been convicted of a crime which is specified in § 188-8B.
Any person licensed hereunder shall carry his or her license with him or her while engaged in licensed activities and shall display such license to any officer of the Village or any person with whom he or she seeks to do business upon request.
The following practices are hereby prohibited:
Calling at any dwelling or other place between the hours of 8:00 p.m. and 9:00 a.m., except by appointment.
Calling at any dwelling or other place where a sign is clearly displayed bearing the words "No Peddlers" or "No Solicitors" or words of similar meaning.
Calling at the rear door of any dwelling place, unless previously arranged.
Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
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 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.
Upon receipt of three documented complaints from separate Village residents concerning the behavior or conduct of a person issued a permit under this chapter during any licensing period, or for a violation of this chapter, any other ordinance, or any law, the Directed Enforcement Officer (DEO) is authorized to temporarily suspend the individual's permit. The DEO will complete an investigation of the documented complaints or violations and, within five days of the suspension, either make a written recommendation to the Village Board for formal action to revoke the permit, in which event the suspension shall stay in place until the recommendation is ruled upon by the Village Board, or release the temporary suspension of the permitted activity.
The Village Board may at any time, for a violation of this chapter, any other ordinance, or any law, revoke any permit granted under this chapter. When a permit is revoked, no refund of any unearned portion of the permit fee shall be made. Notice of such revocation and the reason or reasons therefor, in writing, shall be served personally upon the person named in the application or given by mailing the same to the last given address in the application, and a copy of such notice shall be filed with the Village Clerk-Treasurer.
The Village Board shall revoke the permit of any person who has been convicted within the preceding five years of, or who while holding a permit is convicted of, one or more of the following:
The Village Board may deny issuance of a permit if:
The applicant misrepresents the nature, character, or identity of a business.
The nature of the business as proposed would, in the opinion of the Village Board, violate this chapter or any other state or local ordinance or law.
The applicant does not truthfully and completely state the information requested in the application for permit and/or by this chapter.
Any person violating the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provided by § 1-3 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.