No person shall engage in the business of peddler, hawker, solicitor,
or transient merchant within the Village of Westfield without first obtaining
a license from the Village Clerk-Treasurer in compliance with the provisions
in this chapter. A separate license shall be obtained for each type of business.
No provision of this chapter, except §
385-6A,
C and
D, shall apply to the following: newsboys; merchants delivering goods in the regular course of business (vendors of milk, bakery goods or groceries distributing products only to regular customers on established routes); farmers and truck gardeners; religious, charitable, patriotic and philanthropic organizations; and persons selling property at wholesale to dealers in such property.
An application for a license under this chapter shall be sworn to by
the applicant and filed with the Village Clerk-Treasurer and shall contain
such information as the Village Clerk-Treasurer shall require for the effective
enforcement of this chapter and the safeguarding of the residents of the Village
from fraud, misconduct or abuse. At the time of filing the application, the
applicant shall pay to the Village Clerk-Treasurer an investigation fee as
set by the Village Board to cover the cost of investigation of the facts contained
in the application.
Applications shall be immediately referred by the Village Clerk-Treasurer
to the Chief of Police. Upon receipt of each such application, the Chief of
Police shall immediately institute an investigation of the applicant's business
and moral character for the protection of the public good. Upon conclusion
of such investigation, which shall be within 72 hours after the application
is filed with him, the Chief of Police shall endorse his findings upon said
application and shall forthwith deliver the application to the Clerk-Treasurer
who shall issue or deny the license in accordance with such findings.
If the Chief of Police determines from his investigation of the application that the interests of the inhabitants of the Village require protection against possible misconduct of the licensee or that the applicant is otherwise qualified but due to causes beyond his control is unable to supply all of the information required by §
385-3 he may require the applicant to file with the Village Clerk-Treasurer a bond in the sum of $500 with surety acceptable to the Village President running to the Village conditioned that he will fully comply with the ordinances of the Village and laws of the State of Wisconsin relating to the license.
Licenses issued under the provisions of this chapter may be revoked
or suspended by the Village President for a period not to exceed five days
pending hearing by the Village Board for fraud, misrepresentation or incorrect
statement contained in the application or made in the course of carrying on
business, or conviction of the licensee of any crime or misdemeanor or conducting
the licensed business in an unlawful or disorderly manner or in such a manner
as to menace the health, safety or general welfare of the public.
The Village Clerk-Treasurer shall date all licenses issued hereunder
and shall specify thereon the date of expiration. Licenses shall be issued
for a specified period of time only not exceeding 30 days. Applications for
renewals shall be handled in the same manner as original applications. Licenses
issued under this chapter are personal and may not be transferred.
Any person, firm or corporation that shall violate any of the provisions of this chapter shall be subject to a penalty as provided in Chapter
1, §
1-3 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.