It shall be unlawful for any transient merchant
to engage in sales within the Village of Belgium 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.
CLERK
The Village Clerk.
[Amended 3-8-2010 by Ord. No. 2-10]
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 Village or has continuously
resided in the Village 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 chapter, "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 the farm or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
[Amended 3-8-2010 by Ord. No. 2-10]
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) Age, height, weight, and color of hair and eyes.
(3) 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) Temporary address and telephone number from which
business will be conducted, if any.
(5) Nature of 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) Make, model and license number of any vehicle to be
used by the applicant in the conduct of his/her business.
(8) Most recent cities, villages and towns, not to exceed
three, where the applicant conducted his/her business.
(9) Place where the applicant can be contacted for at
least seven days after leaving this Village.
(10) 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 and the nature of the
offense and the place of conviction.
B. Applicants shall present to the Village Clerk for
examination:
(1) A driver's license or some other proof of identity
as may be reasonably required.
(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) A state health officer's certificate where the applicant's
business involves the handling of food or clothing and is required
to be certified under state law, such certificate to state that the
applicant is apparently free from any contagious or infectious disease,
dated not more than 90 days prior to the date the application for
license is made.
C. At the time the registration is returned, a fee as
set by the Village Board shall be paid to the Village Clerk to cover
the cost of processing said registration.
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. Upon payment of said fee and the signing of said statement, the Village Clerk shall register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in §
246-5B below.
[Amended 3-8-2010 by Ord. No. 2-10]
A. Upon receipt of each application, the Village Clerk
may refer it immediately to the Village Marshal, who may make and
complete 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:
(1) The application contains any material omission or
materially inaccurate statement;
(2) 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;
(3) 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
(4) The applicant failed to comply with any applicable provision of §
246-4B above.
Any person refused or denied registration may
appeal the denial through the appeal procedure provided by ordinance
or resolution of the Village Board or, if none has been adopted, under
the provisions of §§ 68.07 through 68.16, Wis. Stats.
[Amended 3-8-2010 by Ord. No. 2-10]
The Village Marshal 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.
Any person adjudged in violation of any provision
of this chapter shall forfeit not less than $25 nor more than $1,000
for each violation per day plus costs of prosecution. Each violation
shall constitute a separate offense.