[HISTORY: Adopted by the Board of Supervisors of Green Lake County 2-13-1964 by Ord. No. 25. Amendments noted where applicable.]
No person shall engage in the business of peddler, canvasser or transient merchant as herein defined within Green Lake County without first obtaining a license therefor in compliance with the provisions of this chapter. Each peddler, canvasser or transient merchant must secure a personal license.
When used in this chapter the following terms shall have the following meanings:
- Includes any person who goes from place to place in Green Lake County taking or attempting to take orders for the sale of goods, wares or merchandise or personal service to be performed in the future. Such definition shall include any person who hires, leases, uses or occupies any building, structure, vehicle or street or alley or other place or part thereof within Green Lake County for the primary purpose of exhibiting samples or taking orders for future delivery.
- Includes any person conveying or transporting goods, wares or merchandise who goes from place to place within Green Lake County selling or offering for sale for immediate delivery such goods, wares or merchandise.
- TRANSIENT MERCHANT
- Includes any person, firm or corporation as defined by § 66.0423, Wis. Stats., and also any person who engages in a temporary business of selling and delivering goods, wares and merchandise and who hires, leases or uses any building, structure, tent, vehicle, street, alley or other place or part thereof within Green Lake County for exhibition and sale of such goods, wares or merchandise, either privately or at public auction, whether or not such person is associated temporarily with a local dealer, trader, merchant or auctioneer or conducts such business in the name of the same.
This chapter or any part thereof shall not apply to the following: those peddlers, canvassers, and transient merchants who have obtained a license from a duly constituted municipality within Green Lake County where such municipality requires the licensing of peddlers, canvassers, and transient merchants while doing business within said municipality; newsboys, merchants delivering goods in the regular course of business, and vendors of milk, bakery goods, groceries or ice distributing products to regular customers on established routes; farmers and truck gardeners; religious, charitable, patriotic or philanthropic organizations; and persons selling property wholesale to dealers in such articles.
At the time of filing the application, a fee of $25 shall be paid to the County Clerk to cover the cost of investigation of the facts stated in the application.
[Amended 9-30-1996 by Ord. No. 46]
Upon receipt of each such application, the County Clerk shall refer the application to the Sheriff of Green Lake County, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good, and he shall endorse his approval or disapproval upon said application within 72 hours after it has been filed by the applicant with the County Clerk and return said application to the Clerk, who shall issue or deny a license to the applicant in accordance with the Sheriffs recommendation. All licenses issued hereunder shall expire one year after date of issuance. Applications for renewals shall be handled in the same manner as original applications.
License not to be used by another. No license issued under this chapter shall at any time be used by any person other than the one to whom it is issued.
Invitation required. No peddler, canvasser, or transient merchant as herein defined shall go in or upon any private residence, business establishment or office in the County without having been requested or invited to do so by the owner, occupant or occupants of said private residence, business establishment or office for the purpose of soliciting orders for goods, wares and merchandise or peddling or hawking the same or soliciting subscriptions for magazines or other periodicals.
Quitting private premises. No peddler, canvasser, or transient merchant shall refuse or fail to leave any private premises in the County upon being requested to do so by the owner, occupant or person in charge thereof.
Licenses issued under the provisions of this chapter may be revoked or suspended pending a hearing by the Judicial/Law Enforcement and Emergency Management Committee of the County Board of Supervisors of Green Lake County for a period not to exceed 10 days by the Sheriff of Green Lake County for any of the following causes:
Fraud, misrepresentation or incorrect statement contained in the course of application for license.
Fraud, misrepresentation or incorrect statement made in the course of carrying on business as a peddler, canvasser or transient merchant.
Conviction of any crime or misdemeanor.
Conducting the licensed business in an unlawful manner or in such manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, forfeit not less than $50 nor more than $250, together with the cost of prosecution, and in default in payment of such forfeiture and costs of prosecution shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not exceeding 60 days.