No transient merchant shall engage in sales within the City
without being licensed for that purpose as provided for in this chapter.
For the purposes of this chapter, the following words and phrases
shall be as defined below:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be.
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.
PERMANENT MERCHANT
Any person who, for at least six months prior to the consideration
of the application of this chapter to such merchant, has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his residence.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily and who does not intend to
become and does not become a permanent merchant of such place. For
purposes of this chapter, sale of merchandise includes a sale in which
the personal services rendered upon or in connection with the merchandise
constitute the greatest part of value for the price received, but
does not include a farm auction sale conducted by or for a resident
farmer of personal property used on the farm or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
The following shall be exempt from all provisions of this chapter:
A. Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
B. Any person selling merchandise at wholesale to dealers in such merchandise.
C. Any person selling agricultural products which the person has grown.
D. Any permanent merchant or employee thereof who takes orders at the
home of the buyer for merchandise regularly offered for sale by such
merchant within this county and who delivers such merchandise in his
regular course of business.
E. 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 such person.
F. Any person who has had or one who represents a company which has
had a prior business transaction, such as a prior sale or credit arrangement,
with the prospective customer.
G. Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
H. 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.
I. Any employee, officer or agent of a charitable organization who engages
in direct sales for or on behalf of the organization, provided that
there is submitted to the Clerk proof that the charitable organization
is registered under § 202.12, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered
under § 202.12, Wis. Stats., or which is exempt from that
statute's registration requirements, shall be required to be
licensed as provided for in this chapter.
J. Any person who claims to be a permanent merchant but against whom
complaint has been made to the Clerk that such person is a transient
merchant, provided that there is submitted to the Clerk proof that
the person has leased for at least one year or purchased the premises
from which he has conducted business in the market area for at least
one year prior to the date the complaint was made.
K. Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
L. Transient merchants while doing business at a special event, march, or public assembly pursuant to Chapter
562 of the Code of the City of Fond du Lac, as authorized by the City Council and the City Clerk.
[Amended 2-13-2019 by Ord. No. 3684]
[Amended 4-24-2014 by Ord. No. 3544]
A. Upon receipt of each application, the Clerk may refer it immediately
to the Chief of Police, who may make and complete an investigation
of the statements made in such application.
B. The Clerk shall refuse to issue a license to the applicant if it is determined, pursuant to the investigation above, that the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the last cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, a 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 the applicant failed to comply with any applicable provision of §
602-4B above.
[Amended 4-24-2014 by Ord. No. 3544]
Any person refused or denied a license may appeal the denial
through any appeal procedure provided by ordinance or resolution of
the City Council or, if none has been adopted, under the provisions
of §§ 68.07 through 68.16, Wis. Stats.
The Chief of Police shall report to the Clerk all convictions
for violation of this chapter, and the Clerk shall note any such violation
on the record of the licensee convicted.
In addition to the suspension or revocation of any license issued under this chapter, and except where otherwise specifically provided, any person found to be in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of this Code.