[10-4-2005; 2016 Code]
In this chapter:
CANVASSER
Means any transient merchant who goes from house to house
or from place to place to solicit orders for sales of merchandise
for future delivery or for services to be performed in the future.
CHARITABLE ORGANIZATION
Means any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation.
FARM PRODUCTS VENDOR
Means a transient merchant who distributes, sells or offers
for sale perishable agricultural products.
PEDDLER
Means any transient merchant who goes from house to house
or from place to place transporting merchandise or offering merchandise
for sale.
PERMANENT MERCHANT
Means any person who, for at least one year before the consideration
of the application of this chapter to said person, a) has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale, or b) has continuously
resided in the local trade area among the communities bordering the
place of sale and does business from his or her residence.
STREET VENDOR
Means a transient merchant who on public property offers
merchandise for sale from a vehicle, temporary booth, or other temporary
location or by stopping any vehicle or pedestrian.
TRANSIENT MERCHANT
Means any individual who engages in the retail sale of merchandise
at any place in this state and who does not intend to become and does
not become a permanent merchant of such place. For purposes of this
section, sale of merchandise includes a sale in which the personal
services provided upon or with the merchandise constitutes 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.
[10-4-2005; 2016 Code]
No transient merchant shall engage in sales within the city
without having first obtained a permit under this chapter.
[10-4-2005; 2016 Code]
Any person refused or denied a permit under this chapter may appeal the denial through the appeal procedure provided in chapter
5 of title 3 of this code.
[10-4-2005; 2016 Code]
Upon conviction for a violation of this chapter the following
penalties shall apply:
(A) Any person who violates this chapter shall upon conviction be subject
to a Class 1 forfeiture. Each day's or partial day's violation
of any provision of this chapter shall constitute a separate offense.
(B) In addition to other penalties provided in this section, a transient
merchant may have his or her permit suspended or revoked.
(C) Grounds for revocation or suspension. The following shall be grounds
for revocation or suspension of a permit:
(1)
The applicant made any material omission or materially inaccurate
statements in the application for permit.
(2)
The transient merchant made any fraudulent, false, deceptive
or misleading statement or representation in the course of engaging
in transient sales.
(3)
The transient merchant violated any provision of this chapter
or was convicted of any crime, municipal code or statutory violation
which is directly related to the transient merchant's fitness
to engage in selling.
(4)
Failure to hold a required license or permit from the state
of Wisconsin.
(5)
Conducting business 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.
(D) No part of the permit fee for a permit which has been revoked or
suspended under this section shall be refunded.
(E) Suspension and revocation of permits issued under this chapter shall take place under the provisions of chapter
5 of title 3 of this code.
[10-4-2005; 2016 Code]
The provisions of this chapter are declared to be severable.
If any section, sentence, clause or phrase of this chapter is held
to be invalid or unconstitutional, such decision shall not affect
the validity or effect of the remaining sections, sentences, clauses
and phrases of this chapter. It is the intent of the council that
this chapter shall stand notwithstanding the invalidity of any part.