As used in this chapter, the following terms shall have the
meanings indicated:
TRANSIENT MERCHANT
Includes any peddler, solicitor or transient merchant, or
agent or employee, who engages in, does or transacts any temporary
or transient business in the town, either in one location or by moving
their place of business from place to place in the town, selling goods,
services, wares or merchandise or soliciting for such trade, and whether
or not for the purpose of carrying on such business such individual
hires, leases, occupies or uses a building, structure, vacant lot
or vehicle for the exhibition or sale of such goods, wares and merchandise.
This chapter shall not include:
A. Any sale required by statute or by order of any court or any bona
fide auction sale pursuant to law.
B. The acts of persons selling personal property at wholesale to dealers
in such articles.
D. The acts of merchants or their representatives in taking orders at
the houses of their customers for goods held by them in stock at established
places of business nor the acts of said merchants or their representatives
in delivering such goods in the regular course of business.
E. Vendors of dairy products, fruit products, bakery goods, groceries,
frozen products, or prepared food to regular customers on established
routes.
F. Any church, charitable or fraternal organization who has a local
chapter, or who is recognized as a charitable organization as provided
in Wis. Stats., § 440.41(1).
G. Merchants at events authorized by the Town Board such as festivals,
small or large gatherings, or farmers markets.
H. Solicitors or canvassers engaged in political activities.
I. Any person who has an established place of business where goods or
services are sold on a regular basis, where the purchaser of such
goods or services has initiated contact, and where the purchaser has
requested a home or business visit.
No transient merchant shall sell, offer to sell, vend or dispose of goods, wares or merchandise, solicit services, or intend to sell at a later date, within the town without first having obtained a license. No transient merchant shall make contact with residents of the town without first obtaining a license unless exempted in §
176-2.
At the time of filing the application an investigation fee,
as set by the Town Board, for each person to be covered by the license
shall be paid to the Town Clerk to cover the cost of investigation
of the facts stated in the application. The application shall be referred
to the Zoning Administrator, who may require additional information
for the effective enforcement of this chapter and the safeguarding
of the residents of the town from fraud, misconduct or abuse.
Upon receipt of each such application, the Zoning Administrator
shall institute such investigation of the applicant's business
and moral character as they deem necessary for the protection of public
good and shall endorse approval or disapproval to the Town Board for
consideration.
If the Town Board determines from the investigation of said
application that the interests of the town or of the inhabitants of
the town require protection against possible misconduct of the licensee,
may require the applicant to file a bond in an amount determined by
the Town Board, with surety acceptable to the Town Clerk, and laws
of the state relating to peddlers, canvassers, solicitors or transient
merchants.
All orders taken by a licensee who receives payment or a deposit
of money in advance of final delivery shall be in writing, in duplicate,
stating the terms thereof and the amount paid in advance, and one
copy shall be given to the purchaser at the time the deposit of money
is paid.
A licensed transient merchant shall:
A. Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome
or tainted food or foodstuffs.
B. Not use the license provided by the town after the expiration or
revocation of the license.
C. Keep the licensed premises in a clean and sanitary condition and
any foodstuffs offered for sale well covered and protected from dirt,
dust and insects.
D. Keep the place occupied in a clean and sanitary condition and before
leaving such place remove all paper, debris and rubbish.
Any person who violates this chapter shall forfeit a fine determined
by the Town Board, pursuant to state, county or local ordinance, plus
the costs of the prosecution for the violation.