ORD1976311. . .I
ORDINANCE #311
AN ORDINANCE TO REPEAL AND RECREATE SECTION 12.03
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
SECTION 1: Section #12.03 of the Municipal Code
is hereby repealed and recreated as attached hereto:
SECTION 2: Any ordinances or parts of ordinances inconsistent
with or contravening this ordinance are hereby repealed.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and p
PASSAND APPROVED THI:S ,dq day of -
ATTEST :
JJG/p jk
LICENSES AND PERMITS 12.03
12.03 PEDDLERS, CANVASSERS AND TRANSIENT MERCHANTS.
(1) LICENSE REQUTIRED. No peddler, canvasser or
shall engage in any such business within the City, without first
transient merchant as defined in subsection (2) of this section
obtaining a license therefor in compliance with the provisions of
this section.
(2) DEFINITIONS. When used in this section, the following
terms shall have the following meanings:
(a) "Peddler" shal.1 include any person, whether a re-
sident of the City or not, who goes from house to house, from place to
place, or from street to stretlt, conveying or transportinggoods, 1
wares or merchandise or offering or exposing the same for sale,
or making sales and delivering articles to purchasers. It shall
not include vendors of milk, bakery products, groceries or ice
who distribute their products to regular customers on established
routes.
dent of the City or not, who I;oes from house to house, from place
to place, or from street to s.Lreet, soliciting or taking or at-
including magazines, books, periodicals, or personal property of any
tempting to take orders for sale of goods, wares or merchandise,
nature whatsoever for future delivery, or for service to be performed
for sale a sample of the subject of such orders or whether or not he
in the future, whether or not such individual has, carries or exposes
is collecting advance payment:; on such orders. Such definition shall
include any person who, for h.imself, or for another person, hires,
leases, uses or occupies any building, motor vehicle, trailer, struc-
ture, tent, railroad box car, boat, hotel room, lodging house, apart-
ment, shop or other place within the town for the primary purpose
of exhibiting samples and tak:Lng orders for future delivery.
(b) "Canvasser" shall include any person, whether a resi-
(c) "Transient merchant" shall include any person whether
City, or not, who engages in a temporary business of selling and de-
as owner, agent, consignee, or employee, whether a resident of the
livering goods, wares and merchandise within the City, and who, in
building, structure, motor vehicle, trailer, tent, railroad box car,
furtherance of such purpose, hires, leases, uses or occupies any
or boat, public room in hotel:;, lodging houses, apartments, shops,
or any street, alley or other place within the City for the exhib-
ition and sale of such goods, wares and merchandise, either privately -
or at public auction provided that such definition shall not include
from stock, but exhibits samp:tes for the purpose of securing orders any person who, while occupying such temporary location, does not sell
for future delivery only. Thc person so engages shall not be relieved
0
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,%from with the provision:; of this section merely by reason
@f associating temporarily with any local dealer, trader, merchant,
with, as a part of, or in the name of any local dealer, trader, mer-
or auctioneer, or by conducting slJch transient business in connection
chant or auctioneer.
(3) EXEMFTIONS. This section shall not include the acts of
.persons selling personal property at wholesale to dealers in such
articles, nor to newsboys, nor to the acts of merchants or their em-
ployees in delivering goods in the regular course of business, nor to
offer to sell, vend or dispose of the products of the farm or garden
any farmer or truck gardener who shall vend, sell or dispose of, or
occupied and cultivated by him, nor to persons who lease or rent
space in premises licensed as amusement park. This section shall
not prohibit any sale required by statute or by order of any court,
or prevent any person conducting a bona fide auction sale pursuant
to law. (Am. Ord. 140)
shall file with the Citv Clerk a sworn application, in writing, on a
(4) APPLICATION. Applicants for a license under this section
form to be furnished by'the City Clerk, which shall give the following:
*formation:
(a) Name and physical description of applicant.
(b) Complete permanent home and local address of the
from which proposed sales will be made. applicant and, in the case of transient merchants, the local address
(c) A brief descriptioc of the nature of the business and
the goods to be sold.
(d) If employed, the name and address of the employer, to-
gether 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 Q roposed method of delivery.
be approximately 2".x 2" showing the head and shoulders of the ap-
plicant in a clear and distinguishing manner.
(g) A recent photograph of the applicant which picture shall
(h) The names of at least 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
I 2/76
.@ nd business responsibility of the applicant as will enable an in-
vestigator to properly evaiuate such~character and business as i responsibility.
I
eeen Fonvicted of any crime, misdemeanor, or violation of any
(i) A statement as to whether or not the applicant has
munlclpal ordinance, other than traffic violations, the nature of
the offense and the punishment or penalty assessed therefor.
(J) The last cities, villages or towns, not to exceed
3, where applicant carried on business immediately preceding date of
application. and the addresses frorr which such business was conducted
in those municipalities.
(k) At the time of filing the application, a fee of $10.00
shall be paid to the City Clerk tc, cover the cost of investigation
of the facts stated therein.
(5) RELIGIOUS AND CHARITABLE: ORGANIZATIONS, EXEMFTION. -9s y organization, society, associi.tion or corporation desiring to
property, or financial assistance of any kind or desiring to sell
licit or have solicited in its name money, donations of money or
or distribute any item of literature or merchandise for which a fee is
charged or solicited from persons other than members of such or-
ganization upon the streets, in offices or business buildings, by house
patriotic or philanthropic purpose shall be exempt from the provisions '
to house canvass, or in public p1z:ces for a charitable, religious,
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 of
the organization.
(c) Period during which solicitation is to be carried on.
(d) Whether or not any commission, fees, wages or emoluments
are to be exoended in connection with such solicitation and the amount
poration is a religious, charitable, patriotic or philanthropic
organization the clerk shall issue a permit without charge to such
members, agents, or representatives conducting solicitation,
organization, association or corporation to solicit in the City. Such
or agent and purpose of solicitation.
credentials, in writing, stating i:he name of the organization, name
Upon being satisfied that such organization, association or cor-
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(6) INVESTIGATION AND ISSUANCE. (a) upon receipt of each
dapplication, 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 deems necessary for the protection of the
public good and shall endorse the application in the manner pre-
scribed in this section within 72 hours after it has been filed by the
applicant with the Clerk. - (b) If as a result of such investigation, the applicant's
character or business responsibil-ity is found to be unsatisfactory,
and his reasons for the same, and return the said application to the
the Chief of Police shall endorse on such application his disapproval
City Clerk, who shall notify the applicant that his application is
disapproved and that no license will be issued.
(c) If as a result of such investigation, the character
and business responsibility of the applicant are found to be
his approval and return the application to the City Clerk, who shall,
satisfactory, the Chief of Police shall endorse on the application
upon payment of the prescribed license fee, deliver to the applicant
,.his lecense. Such license shall show the name, address and photograph r
be sold thereunder, the amount of fee paid, the date of issuance and
If said licensee, the class of license issued and the kind of goods to
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
must secure a personal license. No license shall be used at any time
licensed business. Each peddler, canvasser or transient merchant
by any person other than the one to whom it is issued. The Clerk
shall keep a permanent record of all licenses issued.
(7) FEES AND TAXES. (a) €,very applicant for a license under
this section shall pay .the follotving license fees and taxes: $1.00
per day, $4.00 per week, $10.00 per month, $50.00 per year.
a calendar year basis and on or after July 1 the amount of such
fee for an annual license shall be one half the amount stipulated
above for the remainder of 'the year.
(b) The annual fees herein provided shall be assessed on
19
(c) Any veteran or blind person who holds a special state
license issued pursuant to sec. 440.82(2): Wis. Stats., shall be
xempt from the securing of a license as. provided herein, but shall
omply with subs. (9), (10) and (11).
(8) BOND. Every applicant for a license hereunder, shall file
with the City Clerk, a surety bond running to the City in the amount
of $500 to cover the license term. Tlie surety shall be acceptable
to and approved by the Mayor and the bond shall be conditioned upon
the following: that the applicant shall ccmply fully with all the
provisions of the ordinances of the City and the State statutes
and guaranteeing to any citizen of the City that all money paid as a
tinerant merchants, or itinerant vendors, as the case may be,
down payment will be accounted for and applied according to the
citizen of the City doing business with the licensee, that the
representations of the licensee and further guaranteeing to any
pi-operty 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 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.
peddlers, canvassers, solicitors, transient merchants,
(9) MUD NOISES AND SPEAKIN12 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,
attention to any goods, wares or merchandise which such licensee alleys, parks, or other public places, for the purpose of attracting
roposes to seli. -
(10) USE OF STREETS. No licensee shall have any exclusive right
to any location in the public str,?ets, nor shall he be permitted a
gested area where such operation .night impede or inconvenience the
stationary location thereon, or b,? permitted to operate in a con-
exercised in good faith, shall be conclusive as to whether the area
public use of such streets. The judgment of a police officer,
is congested and the public impeded or inconvenienced.
(11) EXHIBITION OF LICENSE. Licensees are required to exhibit
person licensed herein, upon the 'demand of any police officer shall
their certificate of license at the request of any citizen. Any
exhibit his lecense and certify that he is the person named
therein.
(12) DUTY OF CITY TO ENF0RC.E. The city police shall require
any person seen peddling, soliciting or cancassing, and who'is not
know by such officer to be duly licensed, to produce his license
and shall enforce the provisions ,Jf this section against any person
found to be violating the same. *- (13) RECORDS. The police d,?partment shall report to the City
Clerk all convictions for violation of this section and the City Clerk
shall maintain a record for each license issued and record the reports
of violation therein.
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(14) REVOCATION OF LICENSE. (a) Licenses issued under this
section may be revoded by the Comnon Council after notice and hearing,
for any of the following causes:
statement contained in the application for license.
1. Fraud, misrepre.sentation, or incorrect
e
made in the course of carrying on his business as
solicitor, canvasser, peddler, transient merchant, itinerant merchant or i.tinerant vendor.
2. Fraud, misrepresentation or incorrect statement
3. Any violation of this section.
4. Conviction of any crime or misdemeanor.
5. Conducting the husiness of peddler, canvasser,
solicitor, transient merchant, itinerant merchant, or
itinerant vendor, 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 welfz!re of the public.
(b) Notice of the hearing for revocation of a license shall
e.
be given by the City Clerk, in writing, setting forth specifically
the grounds of compaint and the time and place of hearing. Such
notice shall be mailed, postage prepaid, to the licensee at his last
know 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.
or the- City Clerk in the denial of a permit or license as provided in
sub. (61, 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
and place for a hearing on such appeal and notice of such hearing
the grounds for the appeal. The Common Council shall set a time
shall be given to the appellant in the same manner as provided in
sub. (14) for notice of hearing on revocation.
(15) APPEAL. Any person aggrieved by the action of the police
(16) REAPPLICATION. No licensee whose license has been revoked
@all make further application until at least 6 months have clapsed
since the last previous revocation.
(17) EXPIRATION OF LICENSE. All annual licenses issued under
annual licenses shall expire at misjnight on the date specified on
this section shall expire at midnight on December 31. Other than
the license.
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(18) PENALTY: Every person who engages in the business of a
transient merchant, peddler, or canvasser, as defined herein without
a license or who when licensed, neglects or refuses to pay the per
diem fee required by this ordinance, or who fails to comply with
any other section of this ordinance shall for each offense forfeit
not less than $25 or more than $50, and in the event of default of
payment thereof, shall be confincd in the County Jail for a period
~ not to exceed 30 days.
Milwaukee County
Official Notice
*
CITY OF MUSKEG0
ORDINANCE NO, 311
An Ordinance to Repeal and
Recreate Section 12.03 of the
Municipal Code of the City of
Muskego.
The Common Council of the
City of Muskego, Wisconsin. do
ordain as follows:
the Municipal Code is hereby
Seetion 1: Section No, 12.03 of
repealed and recreated as st.
tached hereto:
parts of ordinances inconsistent
Section 2: Any ordinance or
with or contravening this ordi.
nnnce are hereby repealed.
shall be in iull force'and efiect
Section 3: This ordinance
from and after its passage and.
puhlieaiion.
24th dayof February. 1976.
Passed and approved this
IdJerome J. Cottfried. Mayor
IsiEktte J. Bower
Attest:
City Clerk
LICENSES AND PERMITS
12.03
f
! 12.03 Peddlers, Canvassers
and Transient Merchants.
No peddler. canvasser or tran-
(I) LICENSE REQUIRED.
sient merchant, as defined in
subsection (2) ai this section
shall engage in any such busi.
new within the City. without
first obtaininga license thereior
in compliance with the provi-
sions of this section.
used in this section. the follow.
(2) DEFINITIONS. When
ing term8 shall have the follow.
ing meanings:
la) "Peddler" shall include
of the City or not, who goes from
any person. whether i resident
house to house, from place to
place. or from street to street,
conveying or :ransporting
goods. wares or merchandise or
offering or exposing the same
for %le, or nuking .sales and-
delivering articles to
purchasers. It shall not include
vendors~ 01 milk: bakery pro-
dum, groceries or ice who dis-
tribute their products to regular
customers on established routes.
uudlle VUlllldlll, Uclllg uu1y >WUIII,
(10th depose and say that he is an authorized representative of
'The . %?. . . . ,
il newspaper published at .!Wke2.0. . . . . .
IVisconsin .and that an advertisement of which the annexed is a
.. ..
..
true copy, taken from
. ..
(Signed) . I Publisher (Title)
Subscribed and sworn to before me this . . .Ad. . dav
appliratic~n,aler~~f$10shall~hr
paid to the City Clerk tcr wwr
the cost of'invrstigatmn or the
facts stated therein.
CHARITABLE ORGANIZA.
(51 RELIGIOUS AND
TIONS, EXEMFTION. Any
organization. society. associ-
ation or corporation desiring to
solicit or have solicited in its
name money. donstiuna of
money or property. or financial
assistance of any kind or desir-
of literature or merrhsndiw for
ing to sell or distribute my item
which a fee is charged or
solicited from persons other.
than members ofsuch orgsniza-
tian upon the streets. in offices
or business buildings. by house
to house PB~YBSS,.~~ in public
places for charitable.
religious. patriotic or
exempt from the provisions of
philanthropic purpose shall be
subsections 14) (7) and 18) of
this section. provided there is
filed a sworn application. in
writing. on B form to be fur.
nished by the.City Clerk. which
shall give the following infor-
mation:
cause for which permit is
(a) Name and purpose of the
sought.
(b) Names and addresses of
organization.
the officers and directors dl the
solicitation is to be carried on.
(P) Period during which
mission. fees, wages or emolu-
,(dl Whether or not any com-
ments are to be expended in
connection with such solicits.
tion and the amount thereof.
Upon being satisfied that
such organization. association-
or corporation is a religious.
charitable, patriotic or
philanthropic organization the
clerk shall issue B permit with-
out charge to such organization.
association or corporation to
solicit in the City. Such mem-
bers, agents. or representatives
conductipg rolitication. creden-
tials, in writing. stating the.
name of.the organization. name
or ageit and pi~pose olsalicita-
tian:
(6) INVESTIGATION AND
ISSUANCE. (8) Upon receipt Of
each application. it shall be
referred to the Chief of Police
who shall immediately institute
such investigation of the appli-
cant's business and moral
character 8s he deems necessary
for the protection of the public
good and shall endorse the SP
plication in the manner
piescribed in this section within
72 hours after it has been filed
by the applicant with the Clerk.
vFstigation. the applicant's
(b) If as a result of such in-
character or business respon-
sibility is found to be un-
satisfactory, the Chief of Police
shall endorse on such applica.
tion his disapproval snd his
reasons for the same. and return
the said application to the City
Clerk, who shall notify the ap
plicant that his application is
disapproved and that no license
will be issued.
vestigatian. the character and
(c) If as a result of such in.
business responsibility of the
satisfactory. the Chief of Police
applicant are found to be
shall endorse on the application
his approval and return the ap.
shall. upon payment of rhr
plication to the City Clerk. who
prescribed license fee, deliver to
the applicant his license. Such
dress and photograph of said
license shall show the name. ad-
licensee. the class of license
issued and the kind of gmds to
be sold thereunder. the amount
of fee paid. the date of issuance
shall be operative, as well as the
and the length of time the same
license number and other iden-
tifying description of any vehi-
cle used in such licensed bmi.
ness. Each peddler. canvasser
or trsnsient merchant must
secure a personal license. No
by any person other than the
licenseshall beused atsny time
one' to whom-it 18 issued. The
Clerk shall keep a permanent
rewrd of all license: iswd
17) FEES AND TAXES. la)
Every applicant for a licence
under this sruticm *hall pay Ihr
fdlu;iing license fees and taxes:
$1 per day. $4 per wwek. $10 per
month. $50 per year.
provided shall be asseased on a
(b) The mnud fees hirein
calendar year basis and on rvr
after July 1 the amount of such
fee for an annual license shall
be one half the amount stipul.
sted above for the remainder of
the year.
(c) Any veteran c)r blind per.
son who holds B special state
lieenae issued pursuant to FPC.
440.~2(2) Wis. Stat.%.. shall be
exempt from the securing of a
license as providetl'herein. but
shall comply with subs. (91.'(101
and (I I ).
(8) BOND. Every applicant
for a license hereunder. shall
file with the City Clerk. a surety
bond running to the City in the
amount of $500 to cover the
shall be acceptable to and sp.
license term. The surety bond
proved by the Mayor and the
bond shall be conditioned upon
the following: that the appli-
rant shall comply fully with all
the provisions of the ordinanies
of the City and the State
statutes regulating peddlers.
canvassers. solicitors. transient
merchants. or itinerant "en.
dors. as the case may be. and
'guaranteeing to any citizen of
the City that all money paid as
a dawn payment'will be ac-
counted for and applied acmrd-
ing to the representations of the
'licensee and further gusrantee-
doing business with the licensee.
ing to any citizen of the City
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 per-
'sons aggrieved and for whose
benefit. among others, the band
is given. but the surety may,:by
paying. pursusnt to order of the
court, the face amdunt of the
bond to the clerk of court in
which suit is commenced. be
relieved without costs of any
further liability.
SPEAKING DEVICES. No
IY) LOUD NOISES AND
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 pre-
mises 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
goods. wares or merchandise
attracting attention to any
which such licensee proposes to
sell.
(101 USE OF STREETS. No
clusive right to any location in
licensee shall have any er-
the public streets. nor shall he
tion thereon. or be permitted to
be permitted a ststionary loca-
operate in B congested area
where such operation might im-
pede or inconvenience the
public use of such streels The
judgment of a police officer. ex-
ercised in good faith. shall be
conclusive as to whether the
ares IS congested and the public
impeded or inconvenienced.
(11) EXHIBITION OF
LICENSE. Licensees are re-
quired to exhibit their certifi.
cate of license st the request of
any citizen. Any person licensed
herein. upon the demand of any
police officer shall exhibit his
license and certify that he is the
person named therein.
FORCE. The city police shall
(12) DUTY OF CITY TO EN.
require any person seen ped-
dling, soliciting or .canvassing.
and who is not known by such
officer to be duly licensed. to
.enfarce the.provisio@.of this'l
produce his license and shall
section against any person
fttund to be violating the same.
department shall report to the
(13) ,RECORDS. The police
City Clerk all convictions for
violatim of this srrtim and the
City Clerk shall mintsin a
and rec~vtl the reports of viola..
record for each license issued
rim therein.
(14) REVOCATION OF
LICENSE. (81 Licenses issued
under this section -may be
revoked by the Common Coun-
cil after notice and hearing. for
any of the following causes:
I. Fraud, misrepresentation,
or incorrect Statement con-
tained in the application for
license.
2. Fraud. .misrepresentation
or incorrect statement made in
the c'our6e of carrying on his
business as solicitor, canvasser.
peddler. transient merchant.
itinerant merchant or itinerant
vendor.
3. Any violation of this sec-
misdemeanor.
4. Conviction of any crime or
peddler. canvasser, solicitor.
5. Conducting the business of
transient merchant, itinerant
merchant, or itinerant vendor.
as the case may be in an
unlswful manner or in such a
manner as to constitute a
stitute a menace to the health.
breach of the- peace or to con-
safety, or general welfare of the
public.
I
tjon.
revocation of a license shall be
(bl Notice of the hearing for
given by the City Clerk. in writ.
ing, setting forth specifically the
grounds of complaint and the
time and place of hearing. Such
notice shall be mailed, postage
prepaid. to the licensee st 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 man.
ner as B summons st least 3
days prior to the date set for
hearing.
1151 APPEAL. Any person ag-
grieved. by the action of the
denial of a permit or license as
police or the-City Clerk in the
provided in sGb. (6). may appeal
to the Common Council. Such
appeal shall be taken by filing
with the Cnmmon .council.
the action complained of. a
within 14 days after notice of
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 man-
ner as provided in sub. (14) for
notice of hearing on revocation.
licensee whose license has been
(161 REAPPLICATION. No
revoked shall,make further ap
plication until st least 6 months
have elapsed since the last pre-
vious revmation.
LICENSE. All annual licenses
(17) EXPIRATION OF
issued under this section shall
expire at midnight on Dec. 31.
Other than annul licenses
shall expire at midnight on the
date specified on the license.
(18) PENALTY- Every per-
son who engages in the business
of a transient merchant. ped-
dler. or canvasser. as defined
herein without a license or who
when licensed. neglects or
refuses'to pay the per diem fee
required by this ordinance, or
who fails to comply with any
other section of this ordlnsnce
shall far each offense forfeit not
less than $25 or more than $50.
and in the event of default of
payment thereof, shall be con-
period not to exceed SO days.
fined in the County Jail for a