Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove 5-9-1955; as amended through 9-9-1991. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 208.
[Amended 5-23-2006]
It shall be unlawful for any transient merchant to engage in sales within the Village of Elm Grove without being registered for that purpose as provided herein.
[Amended 2-26-2002; 5-23-2006]
As used in this chapter, the following terms shall have the meanings indicated:
CHARITABLE ORGANIZATION
As defined by §§ 440.41 and 440.42, Wis. Stats.
CLERK
The Village Clerk for the Village of Elm Grove.
MERCHANDISE
Includes 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 one year prior to the consideration of the application of this chapter to said merchant:
A. 
Has continuously operated an established place of business in the local trade area among the communities bordering the place of sale; or
B. 
Has continuously resided in the local trade area among the communities bordering the place of sale and now does business from his/her residence.
SPECIAL EVENT
Any occasion designated as such by the Village Board, including but not limited to concerts, farmers' market day(s), flea market event, craft enthusiasts' gatherings, fairs, shows, exhibitions, and Village-wide celebrations or festivals and taking place within a specifically defined area of any Village of Elm Grove park or lands controlled by the Village.
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 section, sale of merchandise includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes 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 the farm, or the sale of produce or other perishable products at retail or wholesale by a resident of this state.
VENDOR
Any person, entity or organization who exhibits, displays, sells, or offers for sale such products from a stand, wagon, handcart, pushcart, motor vehicle, table, display unit, or his or her person. A vendor includes any street vendor or transient merchant.
[Amended 5-23-2006]
The following shall be exempt from all provisions of this chapter:
A. 
Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
B. 
Any person selling merchandise at wholesale to dealers in such merchandise.
C. 
Any person selling agricultural products that the person has grown.
D. 
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 or her regular course of business.
E. 
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.
F. 
Any person who has had, or one who represents a company that has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer.
G. 
Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.
H. 
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.
I. 
Any volunteer up to and through the 12th grade of a public or private school who engages in direct sales for or on behalf of a charitable organizations, provided that such charitable organization is registered under § 440.41, Wis. Stats. All other charitable organizations, provided that such organization is registered under § 440.41, Wis. Stats., shall be regulated as provided in § 262-4.1 of this chapter. 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.
J. 
Any person who claims to be a permanent merchant, but against whom complaint has been made to the Village Clerk that such person is a transient merchant, provided that there is submitted to the Village 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 one year prior to the date the complaint was made.
K. 
Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.
L. 
Transient merchants while doing business at special events authorized by the Village Board.
[Amended 4-22-2003; 5-23-2006]
A. 
Applicants for registration must complete and return to the Village Clerk a registration form furnished by the Village Clerk which shall require the following information:
(1) 
Name, permanent address and telephone number, and temporary address, if any.
(2) 
Date of birth, height, weight, and color of hair and eyes.
(3) 
The 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.
(4) 
The address and telephone number from which business will be conducted, if any.
(5) 
The nature of the business to be conducted and a brief description of the merchandise, and any services offered.
(6) 
Proposed methods of delivery of merchandise, if applicable.
(7) 
The make, model and license number of any vehicle to be used by the applicant in the conduct of his/her business.
(8) 
The three most recent cities, villages, or towns where the applicant conducted his/her business.
(9) 
The place where the applicant can be contacted for at least seven days after leaving the Village of Elm Grove.
(10) 
A statement as to whether the applicant has been convicted of any crime or ordinance violation related to the applicant's transient merchant business within the last five years, the nature of the offense and the place of conviction.
B. 
Applicants shall present to the Village Clerk for examination:
(1) 
A valid driver's license or other government-issued photo identification.
(2) 
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.
(3) 
Any transient merchant involved in the handling of food shall present a temporary food establishment permit issued by a local health department that has been granted agent status under § 254.69(2), Wis. Stats. Said temporary food establishment permit must be valid through the date(s) of the event for which a permit is requested.
C. 
At the time of registration, a nonrefundable fee, to be determined by the Village Board of Trustees from time to time by resolution, shall be paid to the Village Clerk, except charitable organization applicants shall be exempt from the fee, provided that such organization is registered under § 440.41, Wis. Stats.
D. 
The applicant shall sign a statement appointing the Village Clerk his/her agent 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 the applicant cannot, after reasonable effort, be served personally.
E. 
Within seven business days of payment of the required fee and the signing of said statement, the Village Clerk shall, subject to the provisions of § 262-5B of this chapter, register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of six months from the date of entry and shall be subject to subsequent revocation under the provisions of § 262-9 of this chapter.
[Amended 4-22-2008]
F. 
All transient merchant permits shall include a photo and signature of the applicant and the signature of the Village Clerk. The applicant must appear before the Village Clerk or designee at the Village of Elm Grove to have said photo taken and to provide an original signature. Failure to do so within five business days after notification will result in the permit being invalid.
[Added 4-22-2008]
[Added 5-23-2006]
A. 
Permit required. Any charitable organization may solicit upon obtaining a permit subject to the regulations and conditions herein provided. The charitable organization must first provide proof that it is registered under § 440.41, Wis. Stats. Applicants must complete and return to the Village Clerk a registration form furnished by the Village Clerk which shall require the following information:
(1) 
Name, permanent address and telephone number, and temporary address, if any.
(2) 
Date of birth, height, weight, and color of hair and eyes.
(3) 
The name, address and telephone number of the organization that the transient merchant represents or is employed by, or whose merchandise is being sold.
(4) 
The address and telephone number from which business will be conducted, if any.
(5) 
The nature of the business to be conducted and a brief description of the merchandise, and any services offered.
(6) 
Proposed methods of delivery of merchandise, if applicable.
(7) 
The make, model and license number of any vehicle to be used by the applicant in the conduct of his/her business.
(8) 
The three most recent cities, villages, or towns where the applicant conducted his/her business.
(9) 
The place where the applicant can be contacted for at least seven days after leaving the Village of Elm Grove.
(10) 
A statement as to whether the applicant has been convicted of any crime or ordinance violation related to the applicant's transient merchant business within the last five years, the nature of the offense and the place of conviction.
(11) 
The applicant shall present to the Village Clerk a valid form of government-issued photo identification.
(12) 
The applicant shall sign a statement appointing the Village Clerk his/her agent 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 the applicant cannot, after reasonable effort, be served personally.
B. 
Processing and issuance. Within seven business days of receipt of application, the Village Clerk shall, subject to the provisions of § 262-5 of this chapter, register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period not to exceed six months.
[Amended 4-22-2008]
C. 
All charitable organization transient merchant permits shall include a photo and signature of the applicant and the signature of the Village Clerk. The applicant must appear before the Village Clerk or designee at the Village of Elm Grove to have said photo taken and to provide an original signature. Failure to do so within five business days after notification will result in the permit being invalid.
[Amended 4-22-2008]
[Amended 5-23-2006]
A. 
Upon receipt of each application, the Village Clerk shall cause to be made and completed an investigation of the statements made in such registration.
B. 
The Village 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 within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of § 262-4B of this chapter.
[Amended 5-23-2006]
Any person refused or denied registration may appeal the denial through the appeal procedure provided under the provisions of §§ 68.07 through 68.16, Wis. Stats.
[Amended 5-23-2006]
A. 
Prohibited practices.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
B. 
Disclosure requirements.
(1) 
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 merchandise or services he/she offers to sell.
(2) 
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 set forth in § 423.203, Wis. Stats., the seller shall give the buyer two copies of a typed or printed notice of that fact [§§ 423.203(1)(a),(b) and (c), and (3), Wis. Stats.].
(3) 
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.
(4) 
A transient merchant must have the Village of Elm Grove transient merchant identification card in plain view on the front of his/her person with the name and photo unobstructed at all times. Failure to do so will result in revocation of the permit in addition to penalties set forth in § 262-10.
[Added 4-22-2008]
[Amended 5-23-2006]
The Chief of Police shall report to the Village Clerk all convictions for violation of this chapter, and the Village Clerk shall note any such violation on the record of the registrant convicted.
[Amended 5-23-2006]
A. 
Registration may be revoked by the Village Clerk 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. The permit may also be revoked if the permittee conducts solicitation activities contrary to the provisions contained in the permit or in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety, or general welfare of the public.
B. 
Written notice of such revocation, and the reason or reasons therefor, shall be served personally or by mailing the same to the permit holder at the named premises on the original application.
C. 
Appeal from revocation shall be made to the Village Board of Trustees through the appeal procedure provided under the provisions of §§ 68.07 through 68.16, Wis. Stats.
[Amended 7-26-2005; 5-23-2006]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code.
[Added 2-26-2002]
Any vendor wishing to conduct business at a special event shall:
A. 
Apply to the Village Manager or Village Clerk for a temporary vending permit.
B. 
Submit the application to the Village at least 15 working days prior to the beginning of the event for which the permit is sought.
C. 
If required by an applicable Village's request for proposal (RFP), post a bond or cash deposit. Bond proceeds or cash deposits shall be applied to any added costs the Village may incur from vending activities pursuant to § 262-14.
D. 
Disclose any instances where vendor was denied a permit or prosecuted for any criminal or ordinance violation related to the sale of goods.
[Added 2-26-2002]
A. 
The Village Manager or Village Clerk may issue not more than a total of five temporary vending permits for any single special event except farmers' market day(s), flea market event or craft enthusiasts' gatherings which shall have a maximum of 25 temporary vending permits; or any number approved for any special event as may be specifically authorized by resolution by the Village of Elm Grove Village Board.
B. 
The temporary vending permit shall be valid only for the duration of the specified special event.
C. 
Any vendor to whom a temporary vending permit is granted shall be subject to the operating regulations set forth in § 262-4B(3) to the extent applicable and § 262-7A of this chapter.
D. 
Any vendor to whom a temporary vending permit is granted shall prominently display the permit during the special event.
E. 
Any vendor who will be selling or distributing food shall present a temporary food establishment permit issued by a local health department that has been granted agent status under § 254.69(2), Wis. Stats., at the time of applying for a temporary vending permit. Said temporary food establishment permit must be valid through the date(s) of the event for which a permit is requested.
[Amended 4-22-2003]
F. 
The Village of Elm Grove is exempt from all temporary vending permit requirements for special events but shall comply with any applicable Waukesha County temporary food establishment permit requirement.
[Added 2-26-2002]
The fee for temporary vending permits for special events shall be $25.
[Added 2-26-2002]
The Village Manager shall be authorized to impose any extraordinary expenses incurred by the Village associated with the vending activity of the holder of a temporary vending permit as costs on such vendor. Extraordinary expenses may include but are not limited to those which the Village incurs for the purpose of restoring the event grounds or premises to the condition prior to the event, repair of any damage to the event grounds or premises from vending activities or any cleanup/custodial services necessitated by the special event(s).