ORD20091308-Peddlers
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1308
AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.03
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Peddlers, Canvassers Solicitors and Transient Merchants)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 12, Section 12.03, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
12.03 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
(1) PURPOSE.
This chapter is intended to protect against criminal activity, including fraud and burglary,
to minimize the unwelcome disturbance of citizens and the disruption of privacy and to
otherwise preserve the public health, safety and welfare by regulating, controlling and
licensing door-to door solicitors and peddlers as well as other transient merchant trade.
The regulations contained in this chapter are not intended to regulate speech by any
person, but merely regulate the activities of those individuals selling or offering for sale
merchandise or requesting contributions for a charitable purpose.
It shall be unlawful for any Peddler, Solicitor or Transient Merchant to engage in any
sales or solicitation within the City of Muskego without being issued a license for that
purpose as provided herein except those individuals that are exempt as defined in
Section (3).
The application for a license to peddle, canvass or solicit within the corporate limits of
the City of Muskego shall be made in person to the City Clerk of the City of Muskego..
Except as provided by sub-section (3), no person shall conduct any of the activities
enumerated in sub-section (2) without a license therefore as provided in this section.
(2) DEFINITIONS. (As Used in this Chapter.)
When used in this section, the following terms shall have the following meanings:
(a) "Peddler" means A peddler is a person who goes from place to place
within the City offering for sale property which he/she carries with him,
including a vendor who distributes his products to regular customers on
an established route.
(b) "Canvasser or Solicitor" A canvasser or solicitor is a person who goes
from place to place within the City soliciting orders for future delivery of
property or for services to be performed in the future, including any
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person who occupies any place within the City for the purpose of
exhibiting samples and taking orders for future delivery. This also
included persons other than Charitable Organizations who go door to
door soliciting contributions.
(b) “Solicit” and “Solicitation” means and includes any one or more of the
following:
1. Selling or offering for sale, or taking or attempting to take orders for
the sale of goods or services of any kind;
2. Selling or offering for sale, or taking or attempting to take orders for
books, magazines, periodicals, newspapers and every other type or
kind of publication;
1.3. Requesting contributions, directly or indirectly, on the plea or
representation that such contributions will be used for a charitable or
religious purpose.
(c) "Transient Merchant" means A transient merchant is a person who
temporarily engages in the retail sale of merchandise at a fixed location in
the City in the temporary business of selling property at such location.
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"Transient Merchant" does not include a person who does not sell from
stock, but exhibits samples for the purpose of securing orders for future
delivery only but includes a person who associates temporarily with any
local business or conducts business in the name of a local merchant,
dealer or auctioneer.
(d) "Charitable Organization" means aAny benevolent, philanthropic, patriotic,
social service, welfare, educational, civic, cultural, religious (when
soliciting), or fraternal or eleemosynary person, partnership, association
or corporation for which there is provided proof of tax exempt status
pursuant to Sec. 501 (c)(3) or (4) of the United States Internal Revenue
Code or Certification of Tax Exemption as issued by the State of
Wisconsin Department of Revenue.
(e) “Contribution” means and includes alms, food, clothing, money, property,
financial assistance or other thing of value. A contribution, as defined
herein, shall also include a sale or offer to sell any book, card, magazine,
membership, merchandise, subscription, ticket or other thing in
connection with which an appeal is made of any charitable purpose.
(fe) "Sales Event" A sales event is an event during which numerous
independent persons, businesses or firms are gathered together within a
specific area to offer various types of goods for sale to the general public.
A sales event includes one-time events as well as events held on a
periodic basis. "Sales Events" shall include events organized by a local
sponsor and held on a regular basis if the event involves any independent
seller or dealer who does not attend and sell at every event. Events
which typically will be defined as "Sales Events" include, but are not
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limited to flea markets, craft fairs and any other events in which various
independent exhibitors offer a variety of goods for sale.
(3) EXEMPTIONS.
No license shall be required by the City of Muskego as provided by this Ordinance of the
following persons or categories of persons. However, any of the following persons who
operate a Sales Event must comply with (19)(g). All other provisions of this chapter
must be complied with.
(a) Persons selling personal property at wholesale to dealers in such articles.
(b) Newsboys
(bc) Children under 18 years of age who are residents of the City.
(cd) Persons delivering to regular customers on established routesMerchants
or their employees delivering goods in the regular course of business.
(de) Waukesha County Residents, farmers or truck gardeners offering to sell
products of the farm or garden occupied and cultivated by them.
(ef) Sales required by Statute or order of the Court.
(fg) Bona fide auction sales conducted pursuant to law.
(gh) Any church, or fraternal or civic organization whose principal location is
within the city limits of Muskego, including the Muskego Community
Festival.
(i) Persons who lease or rent space in premises licensed as amusement
park.
(j) Vendors of milk, bakery products, groceries or ice who distribute their
products to regular customers on established routes.
(hk) Any person exempt by Section 440.51 of the Wisconsin Statutes
(Statewide license for ex-soldiers)veteran or blind person who holds a
special state license issued pursuant to Sec. 440.82(2) Wisc. Stats., shall
be exempt from the securing of a license as provided herein, but shall
comply with Subs. (9), (10) and (11).
(il) Religious organizations. The exemption does not pertain to a religious
organization that is soliciting.
(jm) Political organizations.
(4) APPLICATION FOR A LICENSE.
A sworn, written application for a license under this section shall be filed with the City
Clerk-Treasurer on a form provided by the Clerk’s office. The form shall require the
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necessary information from the applicant as the Police Department shall need for the
effective enforcement of this section and safeguarding of the residents of the City from
fraud, misconduct or abuse. Applicants shall present a valid Driver’s License at the time
the application is submitted, or some other proof of identity as may be reasonably
required.
(a) Peddlers and Solicitors. The applicant who is the prospective licensee
must obtain a license in his/her own name providing a bond as provided in
sub-section (8) herein. The prospective licensee must further obtain a
permit for each individual person peddling, or soliciting., canvassing or
going from place to place soliciting, canvassing or going from place to
place soliciting orders. The permit must identify the name, permanent
address, social security number, date of birth, and driver's license of each
permittee and such other information as the Chief of Police may from time
to time require. The prospective licensee and each person peddling, or
soliciting, canvassing under the licensee is required to remit fees as set
forth in Section 5.
(b) Transient Merchants. The applicant who is the prospective licensee must
obtain a license in his/her own name. The prospective licensee is required
to remit fees as set forth in Section 5. Applicants for a Transient Merchant
license must contact the Community Development Department to
determine if review and approval is needed by the Plan Commission. The
Clerk-Treasurer will not issue the license until such approval is obtained.
Any sales to be conducted on property governed by the Parks and Recreation
Department must comply with Chapter 26 of the Municipal Code of the City of Muskego.
(4) APPLICATION.
Applicants for a license under this section shall file with the City Clerk a sworn
application, in writing, on a form to be furnished by the City Clerk, which shall give the
following information:
(a) Name and physical description of applicant.
(b) 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.
(c) A brief description of the nature of the business and the goods to be sold.
(d) If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship.
(e) The length of time for which the right to do business is desired.
(f) The source of supply of the goods or property proposed to be sold, or
orders taken for the sale thereof, where such goods or products are
located at the time said application is filed, and the proposed method of
delivery.
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(g) The names of at least two (2) property owners of Waukesha County,
Wisconsin, who will certify as to the applicant's good character and
business respectability, or, in lieu of the names of references, such other
available evidence as to the good character and business responsibility of
the applicant as will enable an investigator to properly evaluate such
character and business as responsible.
(h) A statement as to whether or not the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, other than
traffic violations, the nature of the offense and the punishment or penalty
assessed therefore.
(i) The last cities, villages or towns, not to exceed three (3), where applicant
carried on business immediately preceding date of application and the
addresses from which such business was conducted in those
municipalities.
(j) Make, model, license number of any vehicle to be used for sales or
solicitation.
(57) FEES AND TAXES.
(a) Every applicant for a license under this section shall pay a $10 daily fee
or the following annual license fees as set by a resolution approved by
the Common Counciland taxes: $100 for a Peddler License or a
Canvasser/Solicitor License and $200 for a Transient Merchant License
paid at the time of issuance.
(b) The annual fees herein provided shall be assessed on a calendar year
basis. and Oon or after July 1, the amount of the such annual fee for a
annual license shall be one-half of the amount stipulated above for the
remainder of the year except for an application for a Transient Merchant.
The annual fee established for a Transient Merchant license shall be the
same no matter when the application is submitted or how long the
licensee operates.
(c) An investigation fee for each prospective Peddler, Solicitor or Transient
Merchant shall of $10.00 to be paid at the time of the application is
submitted. The fee charged shall be set by a resolution approved by the
Common Council.
(d) An investigative fee of $5.00 plus a record-check fee of $5.00 for each employee
of any non-charitable applicant who will be peddling, soliciting or canvassing.
(65) CHARITABLE ORGANIZATIONS, EXEMPTION
Any organization, as defined as a “Charitable Organization”in subsection (2)(d), shall file
a sworn, written application with the City Clerk-Treasurer on a form provided by the
Clerk’s Office. The form shall require the necessary information from the applicant as
the Police Department shall need for the effective enforcement of this section and
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safeguarding of the residents of the City from fraud, misconduct or abusebe exempt from
the provisions of subsections (4), (7) and (8) of this section, provided there is filed a
sworn application, in writing, on a form to be furnished by the City Clerk, which shall give
the following information.
(a) Name and purpose of the cause for which permit is sought.
(b) Names and addresses of the officers and directors or the organizations.
(c) Period during which solicitation is to be carried on.
(d) Whether any commission, fees, wages or emoluments are to be
expended in connection with such solicitation and the amount thereof.
(e) Shall furnish a list of solicitors identifying the name, permanent address,
social security number, date of birth, and driver's license of each
permittee and such other information as the Chief of Police may from time
to time require.
(af) Charitable organizations are exempt from payment of all the license fees
except for a the investigation record-check fee of $5.00 for each
representative of the organization any charitable applicant who will be
peddling, soliciting, canvassing or working for a transient merchant. The
fee charged shall be based on the actual costs associated with the
investigation and is nonrefundable.
Upon being satisfied that such organization, association or corporation is
a charitable, patriotic or philanthropic organization, the Clerk shall issue a
permit without charge to such organization, association or corporation to
solicit in the City. Such organizations, associations or corporation shall
furnish all of its members, agents, or representatives conducting
solicitation, credentials, in writing, stating the name of the organization,
name of agent and purpose of solicitation.
(b) Proof of tax exempt status must be furnished to the City Clerk-Treasurer.
(76) INVESTIGATION AND ISSUANCE.
(a) Upon receipt of each application, it shall be referred to the Chief of Police
who shall immediately institute such investigation of the applicant's
business and moral character as he/she deems necessary for the
protection of the public good and shall endorse the application in the
manner prescribed in this section within 72 hours after it has been filed by
the applicant with the Clerk.
(b) The Police Chief shall not endorse a license applicant for any of the
following reasons, but shall not be limited to them:
1. The application contains any material omission or materially
inaccurate statement.
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2. Complaints of a material nature have been received against the
applicant by authorities in any of the last three cities, villages or
towns in which the applicant conducted similar business.
23. 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 solicitation.
34. The applicant failed to comply with any applicable provision of
Sec. (4) above.
(c) If as a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the Chief of Police shall
endorse on such application his disapproval and his reasons for the
same, and return the said application to the City Clerk-Treasurer, who
shall notify the applicant that his application is disapproved and that no
license will be issued.
(d) If as a result of such investigation, the applicant's character and business
responsibility are found to be satisfactory, the Chief of Police shall
endorse on the application his/her approval and return the application to
the City Clerk-Treasurer, who shall issue the license upon payment of the
prescribed license fee, deliver to the applicant his license. Such license
shall contain the signature of the issuing officer and shall show the name
and address of said licensee, the type class of license issued, and the
kind of goods to be sold thereunder, the license amount of fee paid, the
date of issuance and expiration and the length of time the same shall be
operative, as well as the license number and other identifying description
of any vehicle used in such licensed business. Each Ppeddler, Solicitor
canvasser or Ttransient Mmerchant must secure a personal license. No
license shall be used at any time by any person other than the one to
whom it is issued. The Clerk-Treasurer shall keep a permanent record of
all licenses issued.
(8) BOND.
Every applicant who intends to take sales orders and down payments for the later
delivery of goods and services and is not a resident of the City of Muskego shall file with
the City Clerk, a surety bond running to the City in the amount of $500.00 to cover the
license term. The surety shall be acceptable to and approved by the Mayor and the
bond shall be conditioned upon the following: that the applicant shall comply fully with
all the provisions of the ordinances of the City and the State statutes regulating peddlers,
canvassers, solicitors, transient merchants, itinerant merchants, or itinerant vendors, as
the case may be, and guaranteeing to any citizen of the City that all money paid as a
down payment will be accounted for and applied according to the representations of the
licensee and further guaranteeing to any citizen of the City doing business with the
licensee, that the property purchased will be delivered according to the representations
of the licensee. Action on such bond may be brought by the person or persons
aggrieved and for whose benefit, among others, the bond is given but the surety may, by
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paying, pursuant to order of the court, the face amount of the bond to the Clerk of Court
in which suit is commenced, be relieved without costs of any further liability.
(89) LOUD NOISES AND SPEAKING DEVICES.
No licensee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or
use any sound amplifying device upon any of the streets, alleys, parks or other public
places of the City, or upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the streets, avenues,
alleys, parks or other public places, for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.
(910) USE OF STREETS.
No licensee shall have any exclusive right to any location in the public streets, nor shall
he/she be permitted a stationary location thereon, or be permitted to operate in a
congested area where such operation might impede or inconvenience the public use of
such streets. The judgment of a police officer, exercised in good faith, shall be
conclusive as to whether the area is congested and the public impeded or
inconvenienced.
(1011) EXHIBITION OF LICENSE.
Licensees are required to exhibit their certificate of license at the request of any citizen.
Any person licensed herein, upon the demand of any police officer, shall exhibit his/her
license and certify that he/she is the person named therein.
(1112) PROHIBITED PRACTICES.
1. A licensed or exempt Peddler or Solicitor direct seller shall be prohibited
from: Calling at any dwelling or other places between the hours of 89:00
p.m.P.M. and 9:00 a.m.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. Hours Restricted. No person licensed or exempt from license shall call at
any residence or other place from 9:00 P.M. to 9:00 A.M., except by
appointment.
(1213) DUTY OF CITY TO ENFORCE.
The City police shall require any person seen peddling, or soliciting or canvassing, and
who is not known by such officer to be duly licensed, to produce his/her license and shall
enforce the provisions of this section against any person found to be violating the same.
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(1314) RECORDS.
The police department shall report to the City Clerk-Treasurer all convictions for violation
of this section, and the City Clerk-Treasurer shall maintain a record for each license
issued and record the reports of violation therein.
(1415) REVOCATION OF LICENSE.
(a) Licenses issued under this section may be revoked by the Common
Council after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation, or incorrect statement contained in the
application for license.
2. Fraud, misrepresentation or incorrect statement made in the
course of carrying on his business as a Ssolicitor, canvasser,
Ppeddler, or Ttransient merchant, itinerant merchant or itinerant
vendor.
3. Any violation of this section.
4. Conviction of any crime or misdemeanor.
5. Conducting the business of as a Ppeddler, canvasser, Ssolicitor,
or Ttransient Mmerchant, itinerant merchant or itinerant vender as
the case may be in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall be given by the City
Clerk-Treasurer, in writing, setting forth specifically the grounds of
complaint and time and place of hearing. Such notice shall be mailed,
postage prepaid, to the licensee’s at his last known address at least 5
days prior to the date set for hearing, or shall be delivered by a police
officer in the same manner as a summons at least 3 days prior to the date
set for hearing.
(1516) APPEAL.
Any person aggrieved by the action of the police or the City Clerk-Treasurer in the denial
of a permit or license as provided in sub. (7 6), may appeal to the Common Council.
Such appeal shall be taken by filing with the Common Council, within 14 days after
notice of the action complained of, a written statement setting forth fully the grounds for
the appeal. The Common Council shall set a time and place for a hearing on such
appeal and notice of such hearing shall be given to the appellant in the same manner as
provided in sub. (1415) for notice of hearing on revocation.
Formatted
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(1617) REAPPLICATION.
No licensee whose license has been revoked shall make further application until at least
6 months have elapsed since the last previous revocation.
(1718) EXPIRATION OF LICENSE.
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All annual licenses issued under this section shall expire at midnight on December 31.
Other than annual licenses shall expire at midnight on the date specified on the license.
(1819) SALES EVENTS.
The individual exhibitors involved in a sales event, as defined in Subsection (2)(ef), shall
not be required to obtain individual licenses as provided in this section, provided,
however, that the following conditions are complied with:
Formatted
(a) The person organizing the event, or an agent if the event is being
organized by a corporation, shall obtain a sales event license from the
City Clerk-Treasurer of the City of Muskego.
(b) In order to obtain a sales event license, the applicant must file a sworn,
written application with the City Clerk-Treasurer a sworn application, in
writing, on a form to be furnished by the City Clerk-Treasurer., which shall
give the following information: The form shall require the necessary
information as the Police Department shall need for effective enforcement
of this section and safeguarding of the residents of the City from fraud,
Formatted
misconduct or abuse.
(1) Name, social security number, date of birth, driver's license
number and physical description of applicant, or of agent in the
event that the applicant is a corporation.
(2) Complete permanent address of the applicant.
(3) A brief description of the nature of the business and the goods to
be sold at the sales event.
(4) A statement as to whether or not the applicant or agent has been
convicted of any crime, misdemeanor, violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefore.
(c) The applicant must obtain a separate license for each day that the sales
event takes place.
(d) Upon receipt of the application, the application shall be referred to the
Chief of Police for investigation pursuant to Subsection (76).
(e) The applicant must comply with the bond provisions found in Subsection
(8).
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(ef) The applicant or a sales event licensee shall pay a $10 daily fee for each
day that the sales event takes place as set by a resolution approved by
the Common Council.
(fg) The organizer of the sales event shall maintain for a period of one (1)
year from date of event, the name, permanent address, social security
number, and date of birth of each exhibitor who will be offering goods for
sale at the sales event.
(19) PENALTY
Any person who shall violate any provision of this Chapter shall be subject to a penalty
as provided in Section 25.04 of this Municipal Code.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
th
PASSED AND APPROVED THIS 24 DAY OF NOVEMBER , 2009.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading: 11/10/2009
_________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: 12/3/2009
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