[HISTORY: Adopted by the Village Board of the Village of
Birnamwood 9-24-2022 by Ord. No.
22-9-24. Amendments noted where applicable.]
The intent of this chapter is to regulate the flow of any type
of transient merchant activity within the Village of Birnamwood's
boundaries.
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 does not include 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 carries with him. It includes
vendors who distribute their products to regular customers on established
routes.
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.
No license shall be required hereunder of the following:
A.
Persons selling personal property at wholesale to dealers in those
articles.
B.
Newspersons selling newspapers.
C.
Children under the age of 18 years who are residents of the Village.
D.
Merchants or their employees delivering goods in the regular course
of business.
E.
Farmers or truck gardeners offering to sell the products of the farm
or garden occupied and cultivated by them.
F.
Sales required by statutes or order of the court.
G.
Bona fide auction sales conducted pursuant to law.
H.
This chapter does not apply to transient merchants while doing business
at special events authorized by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
At the time of filing an application for license, the applicant
shall pay to the Clerk-Treasurer a fee as set by the Village Board
to cover the cost of investigation of the facts stated on the application.
The Clerk-Treasurer shall refuse to issue a license to the applicant
if it is determined, pursuant to the investigation provided, 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 most recent cities, villages and
towns, not exceeding three, in which the applicant conducted similar
business; the applicant was convicted of a crime, 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 this chapter.
No person licensed hereunder shall, in hawking his wares, create
any noise annoying to a person of ordinary sensibilities.
No licensee shall use the public streets or sidewalks for the
purpose of sales in such a manner as to impede or inconvenience the
public use of the streets or sidewalks.
Any person licensed hereunder shall carry his license with him
while engaged in licensed activities and shall, upon request, display
such license to any officer of the Village or any person with whom
he seeks to do business.
No person licensed hereunder shall call at any residence or
other place between the hours of 8:00 p.m. and 9:00 a.m. except by
appointment.
No licensee shall;
This chapter is effective on publication or posting.
