[HISTORY: Adopted by the Village Board of the Village of
Allouez 10-17-2017 by Ord. No.
2017-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Pawnbrokers and secondhand dealers — See Ch. 326.
[1]
Editor’s Note: This ordinance also repealed former Ch.
188, Canvassers and Transient Merchants, adopted as Ch. 21 of the
Village Code, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A person who goes from place to place within the Village
offering for sale property which he or she carries with him or her.
A person, firm, association, or corporation engaging temporarily
in a retail sale of goods, wares, or merchandise in any place in this
state and who, for the purpose of conducting business, occupies any
lot, building, room, or structure of any kind within the Village.
A.
It shall be unlawful for any person to engage in direct sales or
solicitation within the Village as a canvasser, solicitor, peddler
or transient merchant without first being registered with the Village.
Village Board approval is required for transient merchant vending
in Village parks. (Vendors with a tax-exempt number shall be exempt
from the fee.) Canvassing, soliciting or peddling is not allowed in
any Village park.
B.
Permit required. No person, firm, association or corporation, except as provided in Subsection C, shall engage in the business of, or act as, a canvasser, solicitor, peddler or transient merchant as defined herein within the limits of the Village of Allouez without having a valid permit from the Village in compliance with the provisions of this chapter. Every person who shall act as an assistant or helper to any canvasser, solicitor, peddler or transient merchant shall not act in such capacity without having his or her own valid permit as required in this chapter.
C.
A permit is not required of anyone acting on behalf of any charitable,
religious or nonprofit group, association or corporation, as defined
by and qualified under the Internal Revenue Code, for the solicitation
of funds, no part of which is paid either directly or indirectly to
the person soliciting the funds or any person, firm or corporation
which employs the person for acquiring such funds.
Any person desiring to secure a permit as herein described as
a canvasser, solicitor, peddler, or transient merchant shall apply,
in writing, to the Village Clerk-Treasurer on forms provided by the
Village, and such application shall include:
A.
The name, previous names or aliases, address, temporary address if
any, DOB and phone number of the applicant;
B.
The name, address and phone number of the person, firm or corporation
employing the applicant, and the name and phone number of the applicant's
supervisor;
C.
The type and source of merchandise or services offered by the applicant;
D.
A copy of photo identification of the applicant and their motor vehicle
license number;
E.
If the applicant owns or uses an automobile for canvassing, soliciting
or peddling, a description of the vehicle, together with the license
number and name of state issuing the license;
F.
A statement as to whether the applicant has been convicted of any
crime, which shall further include any ordinance violation related
to the applicant's canvasser, solicitor, peddler or transient
merchant business; the nature of the offense and the date and place
of conviction.
Fees for each permit issued under the provisions of this chapter are outlined in Chapter 225, Fees and Charges, and fall into three categories:
B.
Transient merchants.
C.
Canvassers or solicitors who are acting solely on behalf of any charitable, religious or nonprofit group or association as defined by and so qualified under the Internal Revenue Code pay no fee, except that each such canvasser or solicitor shall pay the actual costs incurred by the Village for a background check to determine if the applicant has been convicted of a crime which is specified in § 188-8B.
Any person licensed hereunder shall carry his or her license
with him or her while engaged in licensed activities and shall display
such license to any officer of the Village or any person with whom
he or she seeks to do business upon request.
The following practices are hereby prohibited:
A.
Calling at any dwelling or other place between the hours of 8:00
p.m. and 9:00 a.m., except by appointment.
B.
Calling at any dwelling or other place where a sign is clearly displayed
bearing the words "No Peddlers" or "No Solicitors" or words of similar
meaning.
C.
Calling at the rear door of any dwelling place, unless previously
arranged.
D.
Remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
E.
Misrepresenting or making false, deceptive or misleading statements
concerning the quality, quantity or character of any goods or services
offered for sale, the purpose of the visit, the identity of the caller
or the identity of the organization represented.
(1)
A direct seller for a charitable organization shall specifically
disclose what portion of the sale price of goods or services offered
will actually be used for the charitable purpose for which the organization
is seeking assistance, and said portion shall be expressed as a percentage
of the sale price of the goods or services.
Upon receipt of three documented complaints from separate Village
residents concerning the behavior or conduct of a person issued a
permit under this chapter during any licensing period, or for a violation
of this chapter, any other ordinance, or any law, the Directed Enforcement
Officer (DEO) is authorized to temporarily suspend the individual's
permit. The DEO will complete an investigation of the documented complaints
or violations and, within five days of the suspension, either make
a written recommendation to the Village Board for formal action to
revoke the permit, in which event the suspension shall stay in place
until the recommendation is ruled upon by the Village Board, or release
the temporary suspension of the permitted activity.
A.
The Village Board may at any time, for a violation of this chapter,
any other ordinance, or any law, revoke any permit granted under this
chapter. When a permit is revoked, no refund of any unearned portion
of the permit fee shall be made. Notice of such revocation and the
reason or reasons therefor, in writing, shall be served personally
upon the person named in the application or given by mailing the same
to the last given address in the application, and a copy of such notice
shall be filed with the Village Clerk-Treasurer.
B.
The Village Board shall revoke the permit of any person who has been
convicted within the preceding five years of, or who while holding
a permit is convicted of, one or more of the following:
|
Crime
|
As defined by Wis. Stats.
|
|---|---|
|
Burglary
|
§ 943.10
|
|
Robbery
|
§ 943.32
|
|
Crime using a dangerous weapon
|
§ 939.63
|
|
Battery
|
§ 940.19
|
|
Mayhem
|
§ 940.21
|
|
Committing bodily harm
|
§§ 940.23 and 939.22(4) and (14)
|
|
Contributing to the delinquency of minor
|
§ 948.40
|
|
Enticing a small child for immoral purposes
|
§ 948.07
|
|
Carrying a concealed weapon
|
§ 941.23
|
|
Homicide
|
§§ 940.06, 940.08 and 940.09
|
|
Murder
|
§§ 940.01 and 940.02
|
|
Fornication
|
§ 944.15(2)
|
|
Lewd and lascivious behavior
|
§ 944.20
|
|
Theft
|
§ 943.20
|
|
Sexual assault
|
§ 940.225
|
|
Injury by conduct regardless of life
|
§ 940.23
|
|
Injury by intoxicated use of a vehicle
|
§ 940.25
|
|
Kidnapping
|
§ 940.31
|
|
Abduction
|
§ 948.30
|
|
Manufacture, distribution or delivery of a controlled substance
|
§§ 961.574, 961.575, 961.41, 961.42, 961.43 and
941.46
|
|
An attempt to commit any of the foregoing crimes
| |
|
A conspiracy to commit any of the foregoing crimes
|
The Village Board may deny issuance of a permit if:
A.
The applicant misrepresents the nature, character, or identity of
a business.
B.
The nature of the business as proposed would, in the opinion of the
Village Board, violate this chapter or any other state or local ordinance
or law.
C.
The applicant does not truthfully and completely state the information
requested in the application for permit and/or by this chapter.
Any person violating the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provided by § 1-3 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
