[HISTORY: Adopted by the Village Board of Village of Cottage Grove 7-2-1984 as Secs. 7.03 and 7.15 of the 1984 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any person who goes from house to house, place to
place or street to street soliciting or taking or attempting to take
orders for the sale of merchandise, including farmers, truck gardeners
or the individuals selling their own produce, publications or personal
services to be delivered or performed in the future, and includes
any person who uses or occupies any place or part thereof within the
Village for the primary purpose of exhibiting samples and taking orders
for future delivery.[Amended 11-20-2006 by Ord. No. 12-2006]
- Includes any person who goes from house to house, place to place or street to street selling or offering for delivery merchandise or personal services.
- TRANSIENT MERCHANT
- Includes any person who engages in a temporary business of
selling and delivering merchandise and who uses or occupies any place
or part thereof within the Village for exhibition and sale of such
merchandise or publications, either privately or at public auction,
whether or not such person is associated temporarily with a local
dealer, trader, merchant or auctioneer or conducts such business in
the name of the same.[Amended 3-19-2001 by Ord. No. 01-2001]
[Amended 11-20-2006 by Ord. No. 12-2006]
This chapter does not apply to the following: newspaper deliverers; merchants delivering goods on a regular course of business; vendors of milk, bakery goods, groceries or fuel or distributing products to customers at fixed intervals on established routes; religious, charitable, patriotic or philanthropic organizations; persons selling property at wholesale to dealers in such articles; and any disabled ex-soldier licensed under s. 440.51, Wis. Stats. Peddlers, canvassers and transient merchants operating on behalf of or under the auspices of religious, charitable, patriotic or philanthropic organizations, however, shall be subject to the registration requirements of § 239-4 of this chapter and the restrictions of § 239-6A and B of this chapter.
Applicants for a license under this chapter shall file with the Village Clerk a sworn application in writing on a form to be furnished by the Village Clerk which shall give the following information:
Name (supported by appropriate documentation, such as a driver's license, certified copy of birth certificate or equivalent documents) and physical description of the applicant.
Complete permanent home and local address of the applicant and, in the case of transient merchants, the location from which sales will be made.
A brief description of the nature of the business and the articles or services to be sold.
If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship between the applicant and his or her employer.
The length of time for which the license is desired.
The source of supply of the articles proposed to be sold, or orders taken for the sale thereof, a statement as to where such articles are located at the time such application is filed and the proposed method of delivery.
Two recent frontal photographs of the applicant showing the applicant's head and shoulders.
The names of at least two property owners in Dane County, Wisconsin, who will certify as to the applicant's good character and business respectability. In lieu of such names, the applicant may supply such other evidence as will enable an investigator to properly evaluate the character and business responsibility of the applicant.
A statement as to whether or not the applicant has been convicted of any crime or violation of a municipal ordinance which is substantially related to the applicant's proposed operations.
The last cities or villages, not to exceed three, where the applicant carried on business immediately preceding the date of application and the addresses from which sales were conducted in those municipalities.
Peddlers, canvassers or transient merchants operating on behalf of or under the auspices of charitable, religious, patriotic or philanthropic organizations shall file with the Village Clerk a statement of registration in writing on a form to be furnished by the Village Clerk which shall give the following information: name and physical description of the applicant, complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made. The applicant shall also provide a brief description of the nature of the business or articles or services to be sold, the length of time during which the individual will be soliciting, the source of supply of the articles proposed to be sold, a statement as to where such items are located at the time the application is filed, and the proposed method of delivery for the articles.
The Clerk shall, after verifying the information contained on the registration form, issue an identification card to the registrant. No person may commence peddling, transient selling or canvassing without a valid identification card countersigned by the Village Clerk.
At the time of filing the application, a fee of $5 shall be paid to the Clerk to cover the cost of investigation of the facts stated in § 239-3. The applicant shall also pay the license fee of $5 per day with the application, except that any business holding a franchise issued by the Village, or any resident of the Village, may obtain licenses valid for six months for a fee of $20 per person licensed, plus the investigation fee of $5 per person.
Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.
No license shall be used at any time by any person other than the one to whom it is issued, and every licensee shall exhibit his or her license on his or her person while conducting any solicitation, canvassing or peddling.
No peddler, canvasser or transient merchant shall refuse or fail to leave any premises in the Village upon being requested to do so by the owner, occupant or person in charge thereof.
No business shall be conducted under any license between 8:00 p.m. and 9:00 a.m. the following day or on legal holidays. This subsection does not apply to any business or organization holding a franchise.
[Amended 5-20-2013 by Ord. No. 08-2013]
Invitation required. No peddler, canvasser, solicitor or transient merchant shall go in or upon any private residence, business establishment or office in the Village without having been requested or invited to do so by the owner or owners, occupant or occupants of such premises.
Licenses issued hereunder may be revoked by the Board, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or incorrect statement made in the course of carrying on business as a solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor.
Violation of this chapter.
Conducting business in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given by the Village Clerk in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. The hearing shall be held before the Village Board. The licensee shall be given at least 48 hours' notice of the hearing before the Village Board.
[Amended 3-19-2001 by Ord. No. 01-2001]