[HISTORY: Adopted by the Village Board of the Village of Shorewood as Ch. 10, Art. 1 of the 1986 Code. Amendments noted where applicable.]
It shall be unlawful for any transient merchant to engage in sales within the Village of Shorewood without being registered for that purpose as provided herein.
As used in this chapter, the following terms shall have the meanings indicated:
- APPLICANT PHOTO
- A photograph which is sufficiently recent to be a good likeness (normally
taken within the last six months), two inches by two inches in size, with
an image from the bottom of the chin to the top of the head (including hair)
of between one inch and 1 3/8 inches. The photo must be clear, front view,
full faced, taken in normal street attire without a hat or dark glasses and
printed on thin paper with a plain, light background. It may be black and
white or color and must be capable of withstanding a mounting temperature
of 225° F. Photographs retouched so that the appearance is changed are
unacceptable.[Amended 4-15-2002 by Ord. No. 1833]
- CHARITABLE ORGANIZATION
- Includes any benevolent, philanthropic, patriotic, or eleemosynary person, partnership, association or corporation, or one purporting to be such.
- The Village Clerk.
- Include personal property of any kind, and shall include merchandise, goods or materials provided incidental to services offered or sold. The sale of merchandise includes donations required by the seller for the retention of goods by a donor or prospective customer.
- PERMANENT MERCHANT
- Any person who, for at least six months prior to the consideration of the application of this chapter to said merchant:
- TRANSIENT MERCHANT
- Any individual who engages in the retail sale of merchandise at any
place in this state temporarily and who does not intend to become and does
not become a permanent merchant of such place. For purposes of this definition,
"sale of merchandise" includes a sale in which the personal services rendered
upon or in connection with the merchandise constitute the greatest part of
value for the price received but does not include a farm auction sale conducted
by or for a resident farmer of personal property used on a farm or the sale
of produce or other perishable products at retail or wholesale by a resident
of this state.[Amended 6-3-1991 by Ord. No. 1604]
The following shall be exempt from all provisions of this chapter:
Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
Any person selling merchandise at wholesale to dealers in such merchandise.
Any person selling agricultural products which the person has grown.
Any permanent merchant or employee thereof who takes orders at the home of the buyer for merchandise regularly offered for sale by such merchant within this county and who delivers such merchandise in his regular course of business.
[Amended 6-3-1991 by Ord. No. 1604]
Any person who has an established place of business where the merchandise being sold is offered for sale on a regular basis and in which the buyer has initiated contact with, and specifically requested a home visit by, said person.
Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer.
Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.
Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.
Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of said organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under § 440.41, Wis. Stats. Any charitable organization engaging in the sale of merchandise and not registered under § 440.41, Wis. Stats., or which is exempt from that statute's registration requirements, shall be required to register under this chapter.
Any person who claims to be a permanent merchant but against whom complaint has been made to the Clerk that such person is a transient merchant, provided that there is submitted to the Clerk proof that such person has leased for at least one year, or purchased, the premises from which he/she has conducted business in the market area for at least six months prior to the date the complaint was made.
Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.
Transient merchants while doing business at special events authorized by the Village Board.
Applicants for registration must complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:
Name, permanent address and telephone number, and temporary address, if any.
[Amended 6-3-1991 by Ord. No. 1604]
Age, height, weight, and color of eyes and hair.
Name, address and telephone number of the person, firm, association or corporation that the transient merchant represents or is employed by, or whose merchandise is being sold.
Temporary address and telephone number from which business will be conducted, if any.
Nature of the business to be conducted and a brief description of the merchandise and any services offered.
Proposed methods of delivery of merchandise, if applicable.
Make, model and license number of any vehicle to be used by applicant in the conduct of his/her business.
Most recent cities, villages, and towns, not to exceed three, where the applicant conducted his/her business.
Place where the applicant can be contacted for at least seven days after leaving this Village.
Statement as to whether applicant has been convicted of any crime or ordinance violation substantially related to the activities regulated under this chapter, the nature of the offense and the place of conviction.
[Amended 10-16-1995 by Ord. No. 1719]
Applicants shall present to the Clerk for examination:
A driver's license or some other proof of identity as may be reasonably required.
A state certificate of examination and approval from the Sealer of Weights and Measures where the applicant's business requires use of weighing and measuring devices approved by state authorities.
A state health officer's certificate where the applicant's business involves the handling of food or clothing and is required to be certified under state law, such certificate to state that the applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for license is made.
At the time the registration is returned, two identical applicant photos must be submitted for the identification badge together with a fee which shall be paid to the Clerk to cover the cost of processing. The fee as described within this subsection shall be enumerated in the Village Fee Schedule.
The applicant shall sign a statement appointing the Clerk or the Clerk's designee to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant in the event that the applicant cannot, after reasonable effort, be served personally.
Upon payment of the fee, the signing of the service statement, and the submittal of the photographs and on approval of the Police Department after investigation, the Clerk shall register the applicant as a transient merchant and the Clerk shall also issue a laminated badge/permit to the applicant which will be valid from January 1 through December 31 of the year in which the permit is issued. The registration and permit procedure as described is subject to refusal as provided in § 480-5B.
[Amended 4-15-2002 by Ord. No. 1833]
Upon receipt of each application, the Clerk may refer it immediately to the Chief of Police or the Chief's designee, who may make and complete an investigation of the statements made in such registration.
[Amended 10-16-1995 by Ord. No. 1719]
The Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation above, that:
The application contains any material omission or materially inaccurate statement;
Complaints of a material nature have been received against the applicant by authorities in the most recent cities, villages and towns, not exceeding three, in which the applicant conducted similar business;
The applicant was convicted of a crime, statutory violation or ordinance violation, the nature of which is substantially related to activities regulated under this section; or
[Amended 10-16-1995 by Ord. No. 1719]
Any person refused or denied registration may appeal the denial to the Board of Appeals under the provisions of § 535-56 of this Code.
A transient merchant shall be prohibited from:
Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment;
Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning;
Calling at the rear door of any dwelling place; or
Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or characteristics of any merchandise offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of the merchandise being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the merchandise.
No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
No transient merchant shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.
No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
After the initial greeting and before any other statement is made to a prospective customer, a transient merchant shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of the merchandise or services he/she offers to sell. Each transient merchant must wear the laminated Village of Shorewood photo identification badge/permit on his or her clothing so that the badge/permit can be readily seen by prospective customers.
[Amended 6-3-1991 by Ord. No. 1604; 4-15-2002 by Ord. No. 1833]
If any sale of merchandise is made by a transient merchant, or any offer for the later delivery of merchandise is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedure as set forth in § 423.203, Wis. Stats.; the seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
If the transient merchant takes a sales order for the later delivery of merchandise, he/she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance, whether full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date, and whether a guarantee or warranty is provided and, if so, the terms thereof.
[Amended 9-18-1995 by Ord. No. 1717]
The Chief of Police or the Chief's designee shall report to the Clerk all convictions for violations of this chapter and the Clerk shall note any such violation on the record of the registrant convicted.
Registration may be revoked by the Village Board, after notice and hearing, if the registrant made any material omission or materially inaccurate statements in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in transient sales, violated any provision of this chapter or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in selling.