It shall be unlawful for any transient merchant
to engage in sales within the city without being registered for that
purpose as provided herein.
As used in this chapter, the following terms
shall have the meanings indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
MERCHANDISE
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.
PERMANENT MERCHANT
Any person who, for at least one year prior to the consideration
of the application of this chapter to said merchant, has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale; or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his or her residence.
SERVICES
Any activity offered for sale or sold to a prospective customer.
The sale of services includes donations required by the seller from
a donor or prospective customer in order to receive the offered services.
TRANSIENT MERCHANT
Any person who engages in the retail sale of merchandise or services 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 chapter, "person" means corporation, partnership, association, organization, individual, principal, agent or employee, alone or collectively as the case may be, with liability for compliance with the terms of this chapter being joint and several and imputed between any agent or employee and his or her principal or employer, though any exemption specified under §
237-3 below must be met in its terms by each individual or organization claiming the same, regardless of their acting in concert. For purposes of this chapter, "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 refused or denied registration may
appeal the denial through the appeal procedure provided under the
provisions of §§ 69.07 through 68.16., Wis. Stats.
[Amended 2-3-2009 by Ord. No. 2009-1966]
The license fee shall be paid to the City Treasurer upon making the application for a transient merchant's license and shall be as stated in Chapter
169, Licenses and Permits. In the case of door-to-door transient merchants, separate licenses and license fees are required for a principal transient merchant and each person acting as an employee or agent of such principal. A transient merchant license issued under this chapter shall entitle the licensee to sell as authorized in this chapter, except at the St. Martins Labor Day Fair. No transient merchant shall sell any merchandise or services at the St. Martins Labor Day Fair unless such merchant holds a valid transient merchant license and obtains a St. Martins Labor Day Fair license endorsement from the Clerk or designee upon payment of the license endorsement fee as set forth under Chapter
169, Licenses and Permits. If such license and/or endorsement is to be issued after the close of the Clerk's office and immediately prior to the St. Martins Labor Day Fair, an additional fee shall be charged as set forth under Chapter
169. Any person selling merchandise or services at the St. Martins Labor Day Fair shall also be subject to the regulations set forth under Chapter
203, St. Martins Fair. The license fee for a license under this chapter to permit transient merchant activities for one day only and only at the St. Martins Fair location as part of the St. Martins Fair, excepting the St. Martins Labor Day Fair, shall be as set forth under Chapter
169, Licenses and Permits, and § 203-3C of this Code.
On the expiration of the license, the licensee
shall surrender the same to the City Clerk. No person shall alter
or change any license issued under the provisions of this chapter.
The Chief or Police 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.
Any person adjudged in violation of any provision shall be subject to the penalty provisions set forth under Chapter
1, General Provisions, §
1-19.