[HISTORY: Adopted by the Common Council of the City of Muskego 12-3-2009 by Ord. No. 1308 (§ 12.03 of the 1964 Code). Amendments noted where applicable.]
Junk dealers — See Ch. 219.
This chapter is intended to protect against criminal activity, including fraud and burglary, to minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing door-to door solicitors and peddlers as well as other transient merchant trade.
The regulations contained in this chapter are not intended to regulate speech by any person but merely regulate the activities of those individuals selling or offering for sale merchandise or requesting contributions for a charitable purpose.
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- Any benevolent, philanthropic, patriotic, social service, welfare, educational, civic, cultural, religious (when soliciting), or fraternal person, partnership, association or corporation.
- Includes alms, food, clothing, money, property, financial assistance or other thing of value. A contribution, as defined herein, shall also include a sale of or offer to sell any book, card, magazine, membership, merchandise, subscription, ticket or other thing in connection with which an appeal is made of any charitable purpose.
- A person who goes from place to place within the City offering for sale property which he/she carries.
- SALES EVENT
- An event during which numerous independent persons, businesses or firms are gathered together within a specific area to offer various types of goods for sale to the general public. A sales event includes one-time events as well as events held on a periodic basis. "Sales event" shall include events organized by a local sponsor and held on a regular basis if the event involves any independent seller or dealer who does not attend and sell at every event. Events which typically will be defined as "sales events" include, but are not limited to, flea markets, craft fairs and any other events in which various independent exhibitors offer a variety of goods for sale.
- SOLICIT and SOLICITATION
- Includes any one or more of the following:
- A. Selling or offering for sale or taking or attempting to take orders for the sale of goods or services of any kind.
- B. Selling or offering for sale or taking or attempting to take orders for books, magazines, periodicals, newspapers and every other type or kind of publication.
- C. Requesting contributions, directly or indirectly, on the plea or representation that such contributions will be used for a charitable or religious purpose.
- TRANSIENT MERCHANT
- A person who temporarily engages in the retail sale of merchandise at a fixed location in the City.
No license shall be required by the City of Muskego as provided by this chapter of the following persons or categories of persons. All other provisions of this chapter must be complied with.
Persons selling personal property at wholesale to dealers in such articles.
Children under 18 years of age who are residents of the City.
Persons delivering to regular customers on established routes.
Waukesha County residents, farmers or truck gardeners offering to sell products of the farm or garden occupied and cultivated by them.
Sales required by statute or order of the court.
Bona fide auction sales conducted pursuant to law.
Any church, fraternal or civic organization whose principal location is within the City limits of Muskego, including the Muskego Community Festival.
Any person exempt by § 440.51, Wis. Stats. (statewide license for ex-soldiers).
Religious organizations. The exemption does not pertain to a religious organization that is soliciting.
A sworn, written application for a license under this chapter shall be filed with the City Clerk-Treasurer on a form provided by the Clerk-Treasurer's office. The form shall require the necessary information from the applicant as the Police Department shall need for the effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse. Applicants shall present a valid driver's license at the time the application is submitted or some other proof of identity as may be reasonably required. Any sales to be conducted on property governed by the Public Works and Development Department must comply with Chapter 259 of the City Code.
Peddlers and solicitors. The applicant who is the prospective licensee must obtain a license in his/her own name. The prospective licensee must further obtain a permit for each individual person peddling or soliciting. The prospective licensee and each person peddling or soliciting under the licensee are required to remit fees as set forth in § 267-5.
Transient merchants. The applicant who is the prospective licensee must obtain a license in his/her own name. The prospective licensee is required to remit fees as set forth in § 267-5. Applicants for a transient merchant license must contact the Public Works and Development Department to determine if review and approval is needed by the Plan Commission. The Clerk-Treasurer will not issue the license until such approval is obtained.
Every applicant for a license under this chapter shall pay a daily fee or the annual fee as set by a resolution approved by the Common Council.
The annual fee shall be assessed on a calendar year basis. On or after July 1, the amount of the annual fee for a license shall be 1/2 of the amount for the remainder of the year except for an application for a transient merchant. The annual fee established for a transient merchant license shall be the same no matter when the application is submitted or how long the licensee operates.
An investigation fee for each prospective peddler, solicitor or transient merchant shall be paid at the time the application is submitted. The fee charged shall be set by a resolution approved by the Common Council.
Any organization defined as a charitable organization shall file a sworn, written application with the City Clerk-Treasurer on a form provided by the Clerk-Treasurer's office. The form shall require the necessary information from the applicant as the Police Department shall need for the effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse.
Charitable organizations are exempt from payment of the license fee, except for the investigation fee for each representative of the organization. The fee charged shall be based on the actual costs associated with the investigation and is nonrefundable.
Proof of tax-exempt status must be furnished to the City Clerk-Treasurer.
[Amended 6-26-2018 by Ord. No. 1418; 9-24-2019 by Ord. No. 1434]
Upon receipt of each application, it shall be referred to the Chief of Police who shall promptly consider the application and respond per the standards of Subsection B within 72 hours.
The Police Chief shall approve the application unless:
The application contains any material omission or materially inaccurate statement.
Within the last five years, the applicant has been convicted of a felony, misdemeanor, or ordinance violation involving offenses relating to burglary, theft, possession of stolen property, other crimes related to property or any offenses related to crimes against life and bodily security, public health and safety, sexual morality, children, and the public peace or any offense which relates to the fitness to engage in direct selling, solicitation or transient merchandising.
If the Chief of Police finds the application cannot be approved per the standards of Subsection B, the Chief shall state, in writing, his reasons for doing so, including a statement of how the circumstances of the offense relate to the particular licensed activity, and return said application to the City Clerk-Treasurer, who shall notify the applicant that the application is disapproved and that no license will be issued. In this event, the applicant shall be given an opportunity to appeal before the Finance Committee to show evidence of rehabilitation and fitness to engage in the licensed activity. The Finance Committee shall consider the factors stated in Wis. Stats. 111.355(4)(d) in making its determination regarding evidence of rehabilitation and fitness to engage in the licensed activity.
If the Chief of Police finds the application must be approved per the standards of Subsection B, the Chief shall endorse approval on the application and return the application to the City Clerk-Treasurer, who shall issue the license. Such license shall contain the signature of the issuing officer and shall show the name of said licensee, the type of license issued, the license fee paid, the date of issuance and expiration. Each peddler, solicitor 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-Treasurer shall keep a record of all licenses issued.
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, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
No licensee shall have any exclusive right to any location in the public streets, nor shall he/she be permitted a stationary location thereon, or be 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, exercised in good faith, shall be conclusive as to whether the area is congested and the public impeded or inconvenienced.
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/her license and certify that he/she is the person named therein.
A licensed or exempt peddler or solicitor shall be prohibited from calling at any dwelling or other places between the hours of 8:00 p.m. and 9:00 a.m. except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
The City police shall require any person seen peddling or soliciting, and who is not known by such officer to be duly licensed, to produce his/her license and shall enforce the provisions of this chapter against any person found to be violating the same.
The Police Department shall report to the City Clerk-Treasurer all convictions for violation of this chapter, and the City Clerk-Treasurer shall maintain a record for each license issued and record the reports of violation therein.
Licenses issued under this chapter may be revoked by the Common Council, after notice and hearing, for any of the following causes:
Fraud, misrepresentation, or incorrect statement contained in the application for license.
Fraud, misrepresentation or incorrect statement made in the course of carrying on business as a solicitor, peddler, or transient merchant.
Any violation of this section.
Conviction of any crime or misdemeanor.
Conducting business as a peddler, solicitor, or transient merchant, 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.
Notice of the hearing for revocation of a license shall be given by the City Clerk-Treasurer, in writing, setting forth specifically the grounds of complaint and time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee's last known address at least five 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 three days prior to the date set for hearing.
Any person aggrieved by the action of the police or the City Clerk-Treasurer in the denial of a permit or license as provided in § 267-7 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 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 manner as provided in § 267-14 for notice of hearing on revocation.
No licensee whose license has been revoked shall make further application until at least six months have elapsed since the last previous revocation.
All annual licenses issued under this chapter shall expire at 12:00 midnight on December 31. Other than annual licenses shall expire at 12:00 midnight on the date specified on the license.
The individual exhibitors involved in a sales event, as defined in § 267-2, shall not be required to obtain individual licenses as provided in this chapter; provided, however, that the following conditions are complied with:
The person organizing the event, or an agent if the event is being organized by a corporation, shall obtain a sales event license from the City Clerk-Treasurer of the City of Muskego.
In order to obtain a sales event license, the applicant must file a sworn, written application with the City Clerk-Treasurer on a form to be furnished by the City Clerk-Treasurer. The form shall require the necessary information as the Police Department shall need for effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse.
The applicant must obtain a separate license for each day that the sales event takes place.
Upon receipt of the application, the application shall be referred to the Chief of Police for investigation pursuant to § 267-7.
The applicant for a sales event licensee shall pay a daily fee for each day that the sales event takes place as set by a resolution approved by the Common Council.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.