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Village of Cottage Grove, WI
Dane County
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[HISTORY: Adopted by the Village Board of Village of Cottage Grove 9-20-2021 by Ord. No. 10-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 239, Peddlers, Canvassers and Transient Merchants, adopted 7-2-1984 as Secs. 7.03 and 7.15 of the 1984 Code, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER
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 or delivery of goods or merchandise (including farmers or individuals selling their own produce) or personal services; seeking donations for any organization; or using or occupying any place or part thereof within the Village for the primary purpose of exhibiting samples and taking orders for future delivery; or any other similar activities.
TRANSIENT MERCHANT
Any person that temporarily engages in the business of selling of goods, merchandise, or personal services without a permanent or fixed location in the Village.
[Amended 6-19-2023 by Ord. No. 04-2023]
This chapter governs any activities relating to canvassing or transient merchants. This chapter does not apply to canvassing or transient merchant activities performed by a canvasser or transient merchant as part of a Village event hosted by the Village or a Village department.
Anyone performing canvasser or transient merchant activities within the Village of Cottage Grove must first obtain a license from the Village. A separate application must be submitted and approved for each person who will conduct such activities in the Village. Applicants for a license under this chapter shall file with the Village a sworn application in writing, on a form to be furnished by the Village, and shall provide the following information:
A. 
Full legal name (supported by appropriate documentation, such as a driver's license, state-issued identification card, certified copy of birth certificate, or equivalent documents) and physical description of the applicant.
B. 
Complete permanent home and local address of the applicant and the location(s) in the Village from which the canvasser or transient merchant will operate.
C. 
A brief description of the nature of the business and the goods, merchandise, or services to be sold or the organizations for which donations will be sought.
D. 
If conducting canvassing or transient merchant activities on behalf of an employer, the name and address of the employer, together with credentials therefrom establishing the exact relationship between the applicant and his or her employer.
E. 
The length of time for which the license is desired, which shall not exceed one year.
F. 
The source of supply of the goods or merchandise proposed to be sold, or orders taken for the sale thereof, a statement as to where such goods or merchandise are located at the time such application is filed, and the proposed method of delivery.
G. 
Two recent frontal photographs of the applicant showing the applicant's face and shoulders.
H. 
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.
I. 
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.
J. 
The most recent municipalities, not to exceed three, where the applicant conducted canvassing or transient merchant activities and the locations from which canvassing or transient merchant activities were conducted in those municipalities.
A. 
Following receipt of a complete application, the Village Board may deny a canvasser or transient merchant license if it determines that it is likely that the issuance of a license will negatively affect the public health, safety, or general welfare of the community, including for the following reasons:
(1) 
The applicant has been convicted of an offense substantially related to the licensed activity or that the Village Board determines calls into question the character and business responsibility of the applicant.
(2) 
The applicant provides incorrect information on an application.
(3) 
Issuance of a license would be inconsistent with Village ordinances.
(4) 
Issuance of a license would adversely affect property values.
(5) 
Any other reasons exist that establish, as determined by the Village Board, that the applicant will not be a responsible canvasser or transient merchant, or that granting the license will negatively affect the public health, safety, or general welfare of the community.
B. 
If the Village approves a canvasser or transient merchant license, the applicant shall be issued an identification card. No person may commence peddling, transient selling or canvassing without a valid identification card. A valid identification card shall be openly displayed at all times that a licensee conducts canvassing or transient merchant activities in the Village.
Applicants shall pay all applicable fees to the Village Clerk at the time of filing an application.
A. 
No license shall be used at any time by any person other than the one to whom it is issued.
B. 
No 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.
C. 
No business shall be conducted under any license between 8:00 p.m. and 9:00 a.m., or on legal holidays, unless authority to do so is specifically authorized by the Village Board.
D. 
Invitation required. No canvasser 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, occupant, or person in charge thereof.
A. 
Licenses issued hereunder may be revoked by the Village Board, after notice and hearing, including for any of the following reasons:
(1) 
Fraud, misrepresentation, or an incorrect statement made in the course of conducting activities as a canvasser or transient merchant.
(2) 
Violation of this chapter.
(3) 
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.
(4) 
Actions or omissions by the licensee subsequent to the date of application for the license that would result in denial of a new license by the Village Board under § 239-4.
B. 
Notice of the hearing for revocation of a license shall be given by the Village in writing, setting forth the grounds for revocation, and the time and place of the hearing. The Village may temporarily suspend a license pending the hearing on revocation. 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.
A. 
An owner or operator of a business with a fixed location within the Village may apply for a transient merchant host permit. Transient merchants that operate on the premises of a business that has obtained a host permit are exempt from the requirements of §§ 239-3 and 239-4. The host permittee shall notify the Village of the dates and times during which such activities will occur and the legal names and permanent addresses of all individuals who will be conducting the operations for the transient merchant, at least five days in advance of the activities.
B. 
Host permit application. Anyone applying for a host permit must submit an application to the Village Clerk for a host permit. The application materials must include:
(1) 
The name of the business and agent for the business.
(2) 
The location of the business and a description of where transient merchants will be located on the business premises.
(3) 
Proof of ownership of the property or written consent of the property owner to allow for transient merchants on the applicant's proposed premises.
(4) 
A brief description of the reasons why the host permit will enhance or supplement the applicant's business activities.
C. 
Permit. A host permit shall be valid for one year. The Village may deny a host permit if it determines that granting the permit would not be in the interest of the public health, safety, or general welfare of the community, or if it determines that the proposed transient merchant activities will not enhance or supplement the business of the applicant or will not have a substantial relationship to that business. Transient merchant activities under a host permit must be compliant with any conditions placed upon the permit, applicable zoning requirements, and other regulations applicable to the host permit property. Anyone with a host permit must ensure that any transient merchants operating on the host permit premises have all other applicable permits required by state, federal, county, or Village law. A host permit may be revoked in the same manner as for a license under § 239-7.
[Added 6-19-2023 by Ord. No. 04-2023]
A. 
The Cottage Grove Chamber of Commerce (CGCC) may apply for a transient merchant host permit. Transient merchants that operate as part of an event hosted by the CGCC are exempt from the requirements of §§ 239-3 and 239-4. The CGCC shall notify the Village of the dates and times during which such activities will occur and the legal names and permanent addresses of all individuals who will be conducting the operations for the transient merchant, at least five days in advance of the activities.
B. 
The CGCC shall host the event at a Village-approved site.
C. 
The CGCC host permit shall be valid for one year. The Village may deny the host permit if it determines that granting the permit would not be in the interest of the public health, safety, or general welfare of the community. Transient merchant activities under a host permit must be compliant with any conditions placed upon the permit, applicable zoning requirements, and other regulations. The CGCC must ensure that any transient merchants operating under the CGCC host permit have all other applicable permits required by state, federal, county, or Village law. The CGCC host permit may be revoked in the same manner as for a permit under § 239-7.
Any person who violates any provision or any rule or regulation of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19 of this Code.
No license is required for the following activities: newspaper deliverers; merchants delivering goods on a regular course of business to established customers; vendors of milk; selling bakery goods; delivering groceries or fuel or distributing products to customers at fixed intervals on established routes; persons selling property at wholesale to dealers in such goods or merchandise; and any disabled ex-soldier licensed under s. 440.51, Wis. Stats.