As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER Any person who goes from house to house, place to place, or street to street soliciting or taking or attempting to take orders for the sale or delivery of goods or merchandise (including farmers or individuals selling their own produce) or personal services; seeking donations for any organization; or using or occupying any place or part thereof within the Village for the primary purpose of exhibiting samples and taking orders for future delivery; or any other similar activities.
TRANSIENT MERCHANT Any person that temporarily engages in the business of selling of goods, merchandise, or personal services without a permanent or fixed location in the Village.
[Amended 6-19-2023 by Ord. No. 04-2023]
This chapter governs any activities relating to canvassing or transient merchants. This chapter does not apply to canvassing or transient merchant activities performed by a canvasser or transient merchant as part of a Village event hosted by the Village or a Village department.
Anyone performing canvasser or transient merchant activities within the Village of Cottage Grove must first obtain a license from the Village. A separate application must be submitted and approved for each person who will conduct such activities in the Village. Applicants for a license under this chapter shall file with the Village a sworn application in writing, on a form to be furnished by the Village, and shall provide the following information:
A. Full legal name (supported by appropriate documentation, such as a driver's license, state-issued identification card, certified copy of birth certificate, or equivalent documents) and physical description of the applicant.
B. Complete permanent home and local address of the applicant and the location(s) in the Village from which the canvasser or transient merchant will operate.
C. A brief description of the nature of the business and the goods, merchandise, or services to be sold or the organizations for which donations will be sought.
D. If conducting canvassing or transient merchant activities on behalf of an employer, the name and address of the employer, together with credentials therefrom establishing the exact relationship between the applicant and his or her employer.
E. The length of time for which the license is desired, which shall not exceed one year.
F. The source of supply of the goods or merchandise proposed to be sold, or orders taken for the sale thereof, a statement as to where such goods or merchandise are located at the time such application is filed, and the proposed method of delivery.
G. Two recent frontal photographs of the applicant showing the applicant's face and shoulders.
H. The names of at least two property owners in Dane County, Wisconsin, who will certify as to the applicant's good character and business respectability. In lieu of such names, the applicant may supply such other evidence as will enable an investigator to properly evaluate the character and business responsibility of the applicant.
I. A statement as to whether or not the applicant has been convicted of any crime or violation of a municipal ordinance which is substantially related to the applicant's proposed operations.
J. The most recent municipalities, not to exceed three, where the applicant conducted canvassing or transient merchant activities and the locations from which canvassing or transient merchant activities were conducted in those municipalities.
Applicants shall pay all applicable fees to the Village Clerk at the time of filing an application.
[Added 6-19-2023 by Ord. No. 04-2023]
A. The Cottage Grove Chamber of Commerce (CGCC) may apply for a transient merchant host permit. Transient merchants that operate as part of an event hosted by the CGCC are exempt from the requirements of §§
239-3 and
239-4. The CGCC shall notify the Village of the dates and times during which such activities will occur and the legal names and permanent addresses of all individuals who will be conducting the operations for the transient merchant, at least five days in advance of the activities.
B. The CGCC shall host the event at a Village-approved site.
C. The CGCC host permit shall be valid for one year. The Village may deny the host permit if it determines that granting the permit would not be in the interest of the public health, safety, or general welfare of the community. Transient merchant activities under a host permit must be compliant with any conditions placed upon the permit, applicable zoning requirements, and other regulations. The CGCC must ensure that any transient merchants operating under the CGCC host permit have all other applicable permits required by state, federal, county, or Village law. The CGCC host permit may be revoked in the same manner as for a permit under §
239-7.
Any person who violates any provision or any rule or regulation of this chapter shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-19 of this Code.
No license is required for the following activities: newspaper deliverers; merchants delivering goods on a regular course of business to established customers; vendors of milk; selling bakery goods; delivering groceries or fuel or distributing products to customers at fixed intervals on established routes; persons selling property at wholesale to dealers in such goods or merchandise; and any disabled ex-soldier licensed under s. 440.51, Wis. Stats.