[HISTORY: Adopted by the Village Board of
the Village of Elm Grove 5-9-1955; as amended through 9-9-1991. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 208.
[Amended 5-23-2006]
It shall be unlawful for any transient merchant
to engage in sales within the Village of Elm Grove without being registered
for that purpose as provided herein.
[Amended 2-26-2002; 5-23-2006]
As used in this chapter, the following terms
shall have the meanings indicated:
As defined by §§ 440.41 and 440.42, Wis. Stats.
The Village Clerk for the Village of Elm Grove.
Includes 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.
Any person who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
Any occasion designated as such by the Village Board, including
but not limited to concerts, farmers' market day(s), flea market event,
craft enthusiasts' gatherings, fairs, shows, exhibitions, and Village-wide
celebrations or festivals and taking place within a specifically defined
area of any Village of Elm Grove park or lands controlled by the Village.
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 section, sale of merchandise includes a sale in which
the personal services rendered upon or in connection 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, or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
Any person, entity or organization who exhibits, displays,
sells, or offers for sale such products from a stand, wagon, handcart,
pushcart, motor vehicle, table, display unit, or his or her person.
A vendor includes any street vendor or transient merchant.
[Amended 5-23-2006]
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 that 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 or her regular course of business.
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
that 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 volunteer up to and through the 12th grade of a public or private school who engages in direct sales for or on behalf of a charitable organizations, provided that such charitable organization is registered under § 440.41, Wis. Stats. All other charitable organizations, provided that such organization is registered under § 440.41, Wis. Stats., shall be regulated as provided in § 262-4.1 of this chapter. 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 Village Clerk that
such person is a transient merchant, provided that there is submitted
to the Village 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 one year 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.
[Amended 4-22-2003; 5-23-2006]
A.
Applicants for registration must complete and return
to the Village Clerk a registration form furnished by the Village
Clerk which shall require the following information:
(1)
Name, permanent address and telephone number, and
temporary address, if any.
(2)
Date of birth, height, weight, and color of hair and
eyes.
(3)
The name, address and telephone number of the person,
firm, association or corporation that the transient merchant represents,
or is employed by, or whose merchandise is being sold.
(4)
The address and telephone number from which business
will be conducted, if any.
(5)
The nature of the business to be conducted and a brief
description of the merchandise, and any services offered.
(6)
Proposed methods of delivery of merchandise, if applicable.
(7)
The make, model and license number of any vehicle
to be used by the applicant in the conduct of his/her business.
(8)
The three most recent cities, villages, or towns where
the applicant conducted his/her business.
(9)
The place where the applicant can be contacted for
at least seven days after leaving the Village of Elm Grove.
(10)
A statement as to whether the applicant has been convicted
of any crime or ordinance violation related to the applicant's transient
merchant business within the last five years, the nature of the offense
and the place of conviction.
B.
Applicants shall present to the Village Clerk for
examination:
(1)
A valid driver's license or other government-issued
photo identification.
(2)
A state certificate of examination and approval from
the Sealer of Weights and Measures where the applicant's business
requires use of weighing and measuring devices approved by state authorities.
(3)
Any transient merchant involved in the handling of
food shall present a temporary food establishment permit issued by
a local health department that has been granted agent status under
§ 254.69(2), Wis. Stats. Said temporary food establishment
permit must be valid through the date(s) of the event for which a
permit is requested.
C.
At the time of registration, a nonrefundable fee,
to be determined by the Village Board of Trustees from time to time
by resolution, shall be paid to the Village Clerk, except charitable
organization applicants shall be exempt from the fee, provided that
such organization is registered under § 440.41, Wis. Stats.
D.
The applicant shall sign a statement appointing the
Village Clerk his/her agent to accept service of process in any civil
action brought against the applicant arising out of any sale or service
performed by the applicant in connection with the direct sales activities
of the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
E.
Within seven business days of payment of the required fee and the signing of said statement, the Village Clerk shall, subject to the provisions of § 262-5B of this chapter, register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of six months from the date of entry and shall be subject to subsequent revocation under the provisions of § 262-9 of this chapter.
[Amended 4-22-2008]
F.
All transient merchant permits shall include a photo
and signature of the applicant and the signature of the Village Clerk.
The applicant must appear before the Village Clerk or designee at
the Village of Elm Grove to have said photo taken and to provide an
original signature. Failure to do so within five business days after
notification will result in the permit being invalid.
[Added 4-22-2008]
[Added 5-23-2006]
A.
Permit required. Any charitable organization may solicit
upon obtaining a permit subject to the regulations and conditions
herein provided. The charitable organization must first provide proof
that it is registered under § 440.41, Wis. Stats. Applicants
must complete and return to the Village Clerk a registration form
furnished by the Village Clerk which shall require the following information:
(1)
Name, permanent address and telephone number, and
temporary address, if any.
(2)
Date of birth, height, weight, and color of hair and
eyes.
(3)
The name, address and telephone number of the organization
that the transient merchant represents or is employed by, or whose
merchandise is being sold.
(4)
The address and telephone number from which business
will be conducted, if any.
(5)
The nature of the business to be conducted and a brief
description of the merchandise, and any services offered.
(6)
Proposed methods of delivery of merchandise, if applicable.
(7)
The make, model and license number of any vehicle
to be used by the applicant in the conduct of his/her business.
(8)
The three most recent cities, villages, or towns where
the applicant conducted his/her business.
(9)
The place where the applicant can be contacted for
at least seven days after leaving the Village of Elm Grove.
(10)
A statement as to whether the applicant has
been convicted of any crime or ordinance violation related to the
applicant's transient merchant business within the last five years,
the nature of the offense and the place of conviction.
(11)
The applicant shall present to the Village Clerk
a valid form of government-issued photo identification.
(12)
The applicant shall sign a statement appointing
the Village Clerk his/her agent to accept service of process in any
civil action brought against the applicant arising out of any sale
or service performed by the applicant in connection with the direct
sales activities of the applicant, in the event the applicant cannot,
after reasonable effort, be served personally.
B.
Processing and issuance. Within seven business days of receipt of application, the Village Clerk shall, subject to the provisions of § 262-5 of this chapter, register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period not to exceed six months.
[Amended 4-22-2008]
C.
All charitable organization transient merchant permits
shall include a photo and signature of the applicant and the signature
of the Village Clerk. The applicant must appear before the Village
Clerk or designee at the Village of Elm Grove to have said photo taken
and to provide an original signature. Failure to do so within five
business days after notification will result in the permit being invalid.
[Amended 4-22-2008]
[Amended 5-23-2006]
A.
Upon receipt of each application, the Village Clerk
shall cause to be made and completed an investigation of the statements
made in such registration.
B.
The Village Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation above, 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 § 262-4B of this chapter.
[Amended 5-23-2006]
Any person refused or denied registration may
appeal the denial through the appeal procedure provided under the
provisions of §§ 68.07 through 68.16, Wis. Stats.
[Amended 5-23-2006]
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from calling
at any dwelling or other place between the hours of 9:00 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.
(2)
A transient merchant shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity, or characteristics of any merchandise offered for sale,
the purpose of his/her visit, his/her identity or the identity of
the organization he/she represents. A charitable organization transient
merchant shall specifically disclose what portion of the sale price
of the merchandise being offered will actually be used for the charitable
purpose for which the organization is soliciting. Said portion shall
be expressed as a percentage of the sale price of the merchandise.
(3)
No transient merchant shall impede the free use of
sidewalks and streets by pedestrians and vehicles. Where sales are
made from vehicles, all traffic and parking regulations shall be observed.
(4)
No transient merchant shall make any loud noises or
use any sound-amplifying device to attract customers if the noise
produced is capable of being plainly heard outside a one-hundred-foot
radius of the source.
(5)
No transient merchant shall allow rubbish or litter
to accumulate in or around the area in which he/she is conducting
business.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement
is made to a prospective customer, a transient merchant shall expressly
disclose his/her name, the name of the company or organization he/she
is affiliated with, if any, and the identity of merchandise or services
he/she offers to sell.
(2)
If any sale of merchandise is made by a transient
merchant, or any offer for the later delivery of merchandise is taken
by the seller, the buyer shall have the right to cancel said transaction
if it involves the extension of credit or is a cash transaction of
more than $25. In accordance with the procedure set forth in § 423.203,
Wis. Stats., the seller shall give the buyer two copies of a typed
or printed notice of that fact [§§ 423.203(1)(a),(b)
and (c), and (3), Wis. Stats.].
(3)
If the transient merchant takes a sales order for
the later delivery of merchandise, he/she shall, at the time the order
is taken, provide the buyer with a written statement containing the
terms of the agreement; the amount paid in advance (whether full,
partial, or no advance payment is made); the name, address and telephone
number of the seller; the delivery or performance date; and whether
a guarantee or warranty is provided and, if so, the terms thereof.
(4)
A transient merchant must have the Village of Elm Grove transient merchant identification card in plain view on the front of his/her person with the name and photo unobstructed at all times. Failure to do so will result in revocation of the permit in addition to penalties set forth in § 262-10.
[Added 4-22-2008]
[Amended 5-23-2006]
The Chief of Police shall report to the Village
Clerk all convictions for violation of this chapter, and the Village
Clerk shall note any such violation on the record of the registrant
convicted.
[Amended 5-23-2006]
A.
Registration may be revoked by the Village Clerk if
the registrant made any material omission or materially inaccurate
statements in the application for registration; made any fraudulent,
false, deceptive or misleading statement or representation in the
course of engaging in transient sales; violated any provision of this
chapter; or was convicted of any crime or ordinance or statutory violation
which is directly related to the registrant's fitness to engage in
selling. The permit may also be revoked if the permittee conducts
solicitation activities contrary to the provisions contained in the
permit or in such a manner as to create a public nuisance, constitute
a breach of the peace or endanger the health, safety, or general welfare
of the public.
B.
Written notice of such revocation, and the reason
or reasons therefor, shall be served personally or by mailing the
same to the permit holder at the named premises on the original application.
C.
Appeal from revocation shall be made to the Village
Board of Trustees through the appeal procedure provided under the
provisions of §§ 68.07 through 68.16, Wis. Stats.
[Amended 7-26-2005; 5-23-2006]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code.
[Added 2-26-2002]
Any vendor wishing to conduct business at a
special event shall:
A.
Apply to the Village Manager or Village Clerk for
a temporary vending permit.
B.
Submit the application to the Village at least 15
working days prior to the beginning of the event for which the permit
is sought.
C.
If required by an applicable Village's request for proposal (RFP), post a bond or cash deposit. Bond proceeds or cash deposits shall be applied to any added costs the Village may incur from vending activities pursuant to § 262-14.
D.
Disclose any instances where vendor was denied a permit
or prosecuted for any criminal or ordinance violation related to the
sale of goods.
[Added 2-26-2002]
A.
The Village Manager or Village Clerk may issue not
more than a total of five temporary vending permits for any single
special event except farmers' market day(s), flea market event or
craft enthusiasts' gatherings which shall have a maximum of 25 temporary
vending permits; or any number approved for any special event as may
be specifically authorized by resolution by the Village of Elm Grove
Village Board.
B.
The temporary vending permit shall be valid only for
the duration of the specified special event.
D.
Any vendor to whom a temporary vending permit is granted
shall prominently display the permit during the special event.
E.
Any vendor who will be selling or distributing food
shall present a temporary food establishment permit issued by a local
health department that has been granted agent status under § 254.69(2),
Wis. Stats., at the time of applying for a temporary vending permit.
Said temporary food establishment permit must be valid through the
date(s) of the event for which a permit is requested.
[Amended 4-22-2003]
F.
The Village of Elm Grove is exempt from all temporary
vending permit requirements for special events but shall comply with
any applicable Waukesha County temporary food establishment permit
requirement.
[Added 2-26-2002]
The fee for temporary vending permits for special
events shall be $25.
[Added 2-26-2002]
The Village Manager shall be authorized to impose
any extraordinary expenses incurred by the Village associated with
the vending activity of the holder of a temporary vending permit as
costs on such vendor. Extraordinary expenses may include but are not
limited to those which the Village incurs for the purpose of restoring
the event grounds or premises to the condition prior to the event,
repair of any damage to the event grounds or premises from vending
activities or any cleanup/custodial services necessitated by the special
event(s).
