[HISTORY: Adopted by the Village Board of the Village of Kronenwetter 9-12-2011 by Ord. No. 11-14 (Sec. 67-12 of the 2004 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- A person who goes from place to place within the Village soliciting orders for the future delivery of property or for services to be performed in the future. It includes any person who occupies any place within the Village for the purpose of exhibiting samples and taking orders for future delivery.
- PEDDLER or HAWKER
- A person who goes from place to place within the Village offering for sale property which he carries with him. It includes vendors who distribute their products to regular customers on established routes.
- TRANSIENT MERCHANT
- A person who engages at a fixed location in the Village in the temporary business of selling property at such location. It does not include a person who does not sell from stock but exhibits samples for the purpose of securing orders for future delivery only. It includes a person who associates temporarily with any local business or conducts business in the name of a local merchant, dealer, or auctioneer.
It will be considered a violation of this chapter for anyone classified as a peddler, canvasser, solicitor or transient merchant as described herein to solicit, peddle, sell or canvass from any person or in any manner in the Village without first obtaining a permit as prescribed herein or to further violate any section of this chapter.
No permit shall be required hereunder of the following:
Persons selling personal property at wholesale to dealers in such articles.
Children under 18 years of age who are residents of the Village, except if the activity in which they are engaged is related to the operation of a business for profit.
Merchants or their employees delivering goods in the regular course of business and transient merchants who locate in a single location such that persons go to them for their services and products or have previously entered into a contract for their service or goods.
Farmers or truck gardeners offering to sell the products of the farm or garden occupied and cultivated by them.
Any person soliciting for charitable, religious, patriotic, or philanthropic purposes where the proceeds thereof are devoted solely to the purposes of the organization.
Sales required by statute or order of a court.
Bona fide auction sales conducted pursuant to law.
At the time of filing this application, the applicant shall pay to the Village Clerk-Treasurer the investigation fee as set forth by the Village Board of Trustees.
The Chief of Police shall cause the applicant and the facts stated in the applicant's application to be investigated and shall, within five days, return the application to the Village Clerk-Treasurer with his endorsement approving or disapproving the application.
Every applicant who is not a resident of Marathon County or who represents a firm whose principal place of business is located outside of the state shall file with the Village Clerk-Treasurer a surety bond in the amount of $500, approved by the Village Administrator, conditioned that the applicant will comply with all provisions of the ordinances of the Village and the state laws regulating peddlers, canvassers, solicitors, and transient merchants and guaranteeing to any person doing business with the permittee that all money paid as a down payment will be accounted for and applied according to the representations of the permittee and further guaranteeing that property purchased for future delivery will be delivered according to the representations of the permittee. Action on such bond may be brought by any person aggrieved. The amount of the bond made under this section will be refunded 30 days after expiration of the permit or 30 days after the voluntary surrender of the permit.
No person issued a permit hereunder shall, in hawking his wares, create such noise as is annoying to a person of ordinary sensibilities.
No person issued a permit hereunder shall, in hawking his or her wares or services, attempt to coerce, intimidate, threaten or force any resident of the Village to purchase or buy such wares or services. If advised by the resident to vacate his property the individual issued a permit under this chapter and all other persons with him shall leave that premises immediately.
No permittee shall use the public streets or sidewalks for purposes of sales in such a manner as to impede or inconvenience the public use of the streets or sidewalks.
Any and all persons issued a permit hereunder shall carry their permit with them while engaged in permitted activities and shall, upon request, display such permit to any officer of the Village or any person with whom they seek to do business.
No permittee shall enter upon or attempt to enter upon any private premises within the Village for the purpose of conducting his business except between the hours of 9:00 a.m. and 8:00 p.m. while daylight saving time is in effect, and between the hours of 9:00 a.m. and 6:00 p.m. at all other times of the year.
Permits issued under this chapter will expire at the end of the year in which they were issued or immediately if surrendered by the permit holder.
If an individual holding a permit under this chapter is found to be in violation of any section or was found to have given false information during the application process, the permit granted may be immediately revoked by the Clerk or a law enforcement official and any and all bond or fees deposited forfeited.
Editor's Note: Section 4 of Ord. No. 11-14, which enacted this chapter, provided as follows: "If any provision of this Ordinance shall be less restrictive than applicable state statute or in conflict with such statutes, as they exist at passage hereof or as they may hereafter be amended, then, in such case, the state statute shall supersede the provision hereof to the extent applicable."