It shall be unlawful for any transient merchant to engage in sales within
the Village of Shorewood without being registered for that purpose as provided
herein.
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT PHOTO
A photograph which is sufficiently recent to be a good likeness (normally
taken within the last six months), two inches by two inches in size, with
an image from the bottom of the chin to the top of the head (including hair)
of between one inch and 1 3/8 inches. The photo must be clear, front view,
full faced, taken in normal street attire without a hat or dark glasses and
printed on thin paper with a plain, light background. It may be black and
white or color and must be capable of withstanding a mounting temperature
of 225° F. Photographs retouched so that the appearance is changed are
unacceptable.
[Amended 4-15-2002 by Ord. No. 1833]
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation, or one purporting to be such.
MERCHANDISE
Include 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 said merchant:
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 now does business from his/her 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 definition,
"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 a farm or the sale
of produce or other perishable products at retail or wholesale by a resident
of this state.
[Amended 6-3-1991 by Ord. No. 1604]
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.
[Amended 6-3-1991 by Ord. No. 1604]
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, said 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 said organization, provided
that there is submitted to the Clerk proof that such charitable organization
is registered under § 440.41, Wis. Stats. Any charitable organization
engaging in the sale of merchandise and not registered under § 440.41,
Wis. Stats., or which is exempt from that statute's registration requirements,
shall be required to register under 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 such person
has leased for at least one year, or purchased, the premises from which he/she
has conducted business in the market area for at least six months 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 special events
authorized by the Village Board.
Any person refused or denied registration may appeal the denial to the Board of Appeals under the provisions of §
535-56 of this Code.
[Amended 9-18-1995 by Ord. No. 1717]
The Chief of Police or the Chief's designee shall report to the Clerk
all convictions for violations of this chapter and the Clerk shall note any
such violation on the record of the registrant convicted.
[Amended 6-3-1991 by Ord. No. 1604]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in §
115-1 of the Village Code