[Adopted by Ord. No. 307 (§ 29.04 of the 1961 Code)]
No peddler, hawker, trucker, or solicitor, canvasser or transient
merchant shall refuse or fail to leave any private residence, business
establishment or office or other premises in the Village when requested
to do so by the owner, occupant or other person having authority over
such premises. This applies not only to a residence or other building
but also to all portions of a lot or parcel of land not occupied by
a building.
[Adopted 9-14-1993 (§§ 31.01 to 31.12 of the 1961 Code)]
When used in this article, the following terms shall have the
following meanings:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
MERCHANDISE
Includes personal property of any kind, and shall include
merchandise, goods, or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
The sale of services includes donations required by the seller for
obtaining of services by a donor or prospective customer.
PERMANENT MERCHANT
Any person who for at least one year prior to the consideration
of the application of this article to said merchant:
A.
Has continuously operated an established place of business in
this Village or in the local trade area among the communities bordering
the Village of Fox Point; or
B.
Has continuously resided in this Village and now does business
from his/her residence.
SOLICITOR
Any person who distributes literature, who is obtaining information
or opinions, who is seeking to obtain contributions of money, services,
property, or financial assistance of any kind, or who is attempting
to promote any cause or conviction.
TRANSIENT MERCHANT
Any person who engages in the retail sale of merchandise
or services at any place in this state temporarily, and who does not
intend to become and does not become a permanent occupant of such
place.
The following shall be exempt from registration and permit under §§
417-2A and
417-5 of this article:
A. Any person delivering newspapers, fuel, dairy products, laundry, or bakery goods, or other goods or services requested by regular customers on established routes. A person under this exemption shall be free of the time restrictions in §
417-9A(1);
B. Any person selling merchandise wholesale to dealers in such merchandise. A person under this exemption shall be free of the time restrictions in §
417-9A(1);
C. Any permanent merchant or employee thereof who takes orders away
from the established place of business for merchandise regularly offered
for sale by such merchant within this county and who delivers such
merchandise in his/her regular course of business;
D. Any person who has an established place of business where the merchandise
being sold is offered for sale on a regular basis, and in which the
buyer has initiated contact with, and specifically requested a home
visit by, said person;
E. Any person who has had, or one who represents a company which has
had, a prior business transaction for the same or similar goods or
services, such as a prior sale or credit arrangement, with the prospective
customer;
F. Any person holding a sale required by statute or by order of any
court and any person conducting a bona fide auction sale pursuant
to law;
G. Any employee, officer, or agent of a charitable organization who
engages in direct sales for or on behalf of said organization, provided
that there is submitted to the Fox Point Police Department proof that
such charitable organization is registered under § 440.42,
Wisconsin Statutes. Any charitable organization engaging in the sale
of merchandise or services and not registered under § 440.41,
Wisconsin Statutes, or which is exempt from that statute's registration
requirements, shall be required to register and obtain permits under
this article;
H. Any person holding an occasional rummage, household or estate sale
on his or her own property;
I. Any person who claims to be a permanent merchant but against whom
complaint has been made to the Village Clerk/Treasurer that such person
is a transient merchant; provided that there is submitted to the Village
Clerk/Treasurer proof that such person has leased for at least one
year, or purchased, the premises from which he/she has conducted business
in the Village for at least one year prior to the date the complaint
was made;
J. Any person selling or offering for sale on behalf of a nonprofit
organization sponsored by or affiliated with any public, private,
or parochial school located within the Village or immediately adjacent
municipalities;
K. Any person selling or offering for sale on behalf of a civic nonprofit
organization sponsored by or affiliated with an athletic sport, if
such organization has members who are residents of Fox Point.
L. Transient merchants may be exempt from this article upon specific
authorization of the Village Board only for special events sponsored
by the Village of Fox Point or sponsored for its behalf.
[Amended 11-11-2014 by Ord. No. 2014-08; 3-13-2018 by Ord. No. 2018-01]
A. Applicants for registration must complete and return a registration
form furnished by the Village of Fox Point Village Clerk, which shall
require the following information:
(1) Name, permanent address, telephone number, and temporary address,
if any.
(2) Height, weight, color of hair and eyes, and date of birth.
(3) Name, address, and phone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by, or whose merchandise or services are being sold.
(4) Temporary address and telephone number from which business will be
conducted, if any.
(5) Nature of business to be conducted and a brief description of the
merchandise offered and any services offered.
(6) Proposed method of delivery of merchandise, if applicable.
(7) Make, model, and license number of any vehicle to be used by the
applicant in the conduct of his/her business.
(8) Most recent cities, villages, and towns, not to exceed three, where
the applicant conducted similar business just prior to making this
registration.
(9) Place where applicant may be contacted for at least seven days after
leaving this Village.
(10)
Statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's transient
merchant business within the last five years, and the nature of the
offense and the place of conviction.
(11)
Such additional information as the Fox Point Police Department
shall require for the effective enforcement of this article and the
safeguarding of the residents of the Village from fraud, misconduct,
or abuse.
B. Applicants shall present to the Village Clerk for examination:
(1) A driver's license or some other proof of identity as may be
reasonably required to verify the applicant's identity.
(2) A state certificate of examination and approval from the Sealer of
Weights and Measures where the applicant's business requires
use of weighing and measuring devices approved by state authorities.
(3) A state health officer's certificate where the applicant's
business involves the handling of food or clothing and is required
to be certified under state law; such certificate to state that the
applicant is apparently free from any contagious or infectious disease,
dated not more than 90 days prior to the date the application for
permit is made.
C. At the time the registration is returned, a fee, as provided in Chapter
63, Fees, shall be paid to the Village Clerk to cover the cost of processing said registration.
D. The applicant shall sign a statement appointing the Clerk/Treasurer
or his/her agent to accept service of process in any civil action
brought against the applicant arising out of any sale or service performed
by the applicant in connection with the direct sales activities of
the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
Any person denied registration may appeal the denial through
the appeal procedure provided by the Fox Point Board of Appeals.
The Chief of Police shall report to the Clerk/Treasurer all
complaints and convictions for violation of this article and the Clerk/Treasurer
shall note such complaints and convictions on the record of the permit
holder.
Any person adjudged in violation of any provision of this article
shall forfeit not less than $25 nor more than $1,500 for each violation,
per day, plus costs of prosecution. Each violation shall constitute
a separate offense.