ORD1985518ORDINANCE 11518
AN ORDINANCE TO AMEND CHAPTER 12,
SECTION 12.03 OF THE MUNICIPAL CODE
(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
is hereby amended to read as follows:
12.03 PEDDLERS, CANVASSERS AND TRANSIENT MERCHANTS
(1) License Required. 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.
(a) The applicant who is the prospective licensee must
provided in sub-section (8) herein. The prospective
obtain a license in its own name providing a bond as
licensee must further obtain a permit for each
individual person peddling, 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 shall be required to remit one $25
Each person peddling, soliciting, canvassing under the
investigation fee as set forth in sub-section (7) (c).
prospective licensee must remit an additional $5.00.
(b) There shall be a waiting period of 72 hours
excluding weekends and holidays from the time of the
the time that the licensee or its permittees may begin
issuance of the license to the prospective licensee, to
the peddling, soliciting, canvassing or going from place
to place soliciting orders within the corporate limits
of the City of Muskego.
(2) Definitions. When used in this section, the following
terms shall have the following meanings:
(a) "Peddler". A peddler is a person who goes from
place to place within the City offering for sale
property which he carries with him, including a vendor
who distributes his products to regular customers on an
established route.
Ord. 518 - Page 2
6) 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,
City for the purpose of exhibiting samples and taking including any person who occupies any place within the
orders for future delivery. This also includes persons
other than Charitable Organizations who go door to door
soliciting contributions.
(C ) person who engages at a fixed location in the City in
the temporary business of selling property at such
location. "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) "Religious & Charitable Organization". Any
benevolent, philanthropic, patriotic or eleemosynary
which there is provided proof of tax exempt status
person, partnership, association or corporation for
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.
"Transient Merchant". A transient merchant is a
(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:
(a) Persons selling personal property at wholesale to
dealers in such articles.
(b) Newsboys
of the City
(c) Children under 18 years of age who are residents
(d) Merchants or their employees delivering goods in
the regular course of business.
gardeners offering to sell products of the farm or
(e) Waukesha County Resident farmers or truck
garden occupied and cultivated by them.
(f) Sales required by Statute or order of the Court.
(9) Bona fide auction sales conducted pursua& to law.
(h) Any church or fraternal organization whose
principal location is within the city limits of Muskego.
Ord. 518 - Page 3
(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.
state license issued pursuant to Sec. 440.82(2) Wis. (k) Any veteran or blind person who holds a special
Stats., shall be exempt from the securing of a license
as rovided herein, but shall comply with Subs. (9),
(107 and (11).
(4) A lication. Applicants for a license under this
-11 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.
proposed to be sold, or orders taken for the sale
(f) The source of supply of the goods or property
thereof, where such goods or products are located at the
time said application is filed, and the proposed method
of delivery.
(g) The names of at least two (2) property owners of
Waukesha County, Wisconsin, who will certify as to the
or, in lieu of the names of references, such other
applicant's good character and business respectability,
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 therefor.
Ord. 518 - Page 4
three (3), where appliant carried on business (i) The last cities, villages or towns, not to exceed
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.
(5). Religious and Charitable Organizations, Exemption. Any
orEanization. as defined in subsection (2) (d), shall
be-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 organization.
(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
birth, and driver's license of each permittee and such
name, permanent address, social security number, date of
other information as the Chief of Police may from time
to time require.
Upon being satisfied that such organization, association
or corporation is a religious, charitable, patriotic or
philanthropic organization, the clerk shall issue a
permit without charge to such organization, association
organizations, associations or corporation shall furnish
or corporation to solicit in the City. Such
all of its members, agents, or representatives
conducting solicitation, credentials, in writing,
purpose of solicitation.
stating the name of the organization, name of agent and
(6) 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
necessary for the protection of the public good and
the applicant's business and moral character as he deems
shall endorse the application in the manner prescribed
by the applicant with the Clerk.
in this section within 72 hours after it has been filed
Ord. 518 - Page 5
applicant for any of the following reasons, but shall
(b) The Police Chief shall not endorse a license
not be limited to them:
materially inaccurate statement.
1. The application contains any material omission or
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.
violation or ordinance violation within the last five
3. The applicant was convicted of a crime, statutory
years, the nature of which is directly related to the
applicant's fitness to engage in direct selling or
solicitation.
4. 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
the City Clerk, who shall notify the applicant that his
reasons for the same, and return the said application to
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 approval and return the
application to the City Clerk, who shall, 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 class of license issued
and the kind of goods to be sold thereunder, the amount
of fee paid, the date of issuance 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 peddler, canvasser
or transient merchant 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 shall keep
a permanent record of all licenses issued.
(7) Fees and Taxes. (a) Every applicant for a license under
this section shall pay $10.00 daily fee or the following
annual license fees and taxes: $50.00 for a Peddler
license or a Canvasser/Solicitor License and $100.00 for
a Transient Merchant License paid at time of issuance.
..
Ord. 518 - Page 6
b) The annual fees herein provided shall be assessed on a
calendar year basis and on or after July 1 the amount of
amount stipulated above for the remainder of the year.
such fee for an annual license shall be one-half of the
c) An investigation fee of $25.00 to be paid at time of
application.
d) Charitable organizations are exempt from all fees.
(8) Bond. Every applicant who intends to take sales orders
anddown 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
all the provisions of the ordinances of the City and the
following: that the applicant shall comply fully with
State statutes regulating peddlers, canvassers,
solicitors, transient merchants, itinerant merchants, or
itinerant vendors, as the case may be, and guaranteeing
payment will be accounted for and applied according to
to any citizen of the City that all money paid as a down
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
person or persons aggrieved and for whose benefit, among
licensee. Action on such bond may be brought by the
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.
(9) Loud Noises and Speaking Devices. No license, 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
avenues, alleys, parks or other public places, for the
capable of being plainly heard upon the streets,
purpose of attracting attention to any goods, wares or
merchandise which such licensee proposes to sell.
) Use of Streets. No licensee shall have any exclusive
he be permitted a stationary location thereon, or be
right to any location in the public streets, nor shall
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,
whether the area is congested and the public impeded or
exercised in good faith, shall be conclusive as to
inconvenienced.
Ord. 518 - Page 7
(11) 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 license
and certify that he is the person named therein.
(12) Hours Restricted. No person licensed or exempt from
license shall call at any residence or other place from
8:OO P.M. to 9:00 A.M., except by appointment;
(13) Duty of City to Enforce. The city police shall require
who is not known bv such officer to be duly licensed. to
any person seen peddling, soliciting or canvassing, and
produce his license and shall enforce the provisions'of
this section against any person found to be violating
the same.
(14) Records. The police department shall report to the
City Clerk all convictions for violation of this section
and the City Clerk shall maintain a record for each
therein.
license issued and record the reports of violation
(15) 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.
contained in the application for license.
Fraud, misrepresentation, or incorrect statement
2. Fraud, misrepresentation or incorrect statement
made in the course of carrying on his business as
solicitor, canvasser, peddler, transient merchant,
itinerant merchant or itinerant vendor.
3. Any violation of this section.
4. Conviction of any crime or misdemeanor.
5. Conducting the business 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 welfare of the public.
shall be given by the City Clerk, in writing, setting
6) Notice of the hearing for revocation of a license
forth specifically the grounds of complaint and the time
and place of hearing. Such notice shall be mailed,
postage prepaid, to the licensee at his last known
hearing, or shall be delivered by a police officer in
address at least 5 days prior to the date set for
the same manner as a summons at least 3 days prior to the date set for hearing.
Ord. 518 - Page 8
(16) A eal. Any person aggrieved by the action of the
PO +- Ice or the City Clerk in the denial of a permit or
license as provided in sub. (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
Council shall set a time and place for a hearing on such
forth fully the grounds for the appeal. The Common
appellant in the same manner as provided in sub. (15)
appeal and notice of such hearing shall be given to the
for notice of hearing on revocation.
(17) Reapplication. No licensee whose license has been
revoked shall make further application until at least 6
months have elapsed since the last previous revocation.
(18) Expiration of License. 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.
SECTION 2: All ordinances or parts of ordinances
inconcistent 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 publication.
PASSED AND APPROVED THIS 26th DAY OF February , 1985.
WAYNEVG. SALENTINE, Mayor
ATTEST:
PUBLISHED - MARCH 7, 1985
STATE OF WISCONSIN )
Milwaukee County ) The .!U.SkCS.? .%Q ....... ..........
&gr&Xt{ ,x. '$83 &ji:Er:Q being duly sworn,
) ss. doth depose and say that he is an authorized representative of
a newspaper published al . Nluskep,? .........
Wisconsin and that an advertisement of which the annexed is a
.I* , . ., a true copy, taken :rom said paper. was published therein on m&.. .-q /YxK .....
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(Signed). .... .....
(SEAL)
U BOOKKEEPER,
7- -d Subscribed and sworn to before me this ...... day
of ....... .me? .. ,19a-
47.. Ax&
N ukce County Wisconsin
My Commission expires . I-'EB, 8, 15'87
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