(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Transient Merchant Ordinance. The purpose of this ordinance is to regulate by license and penalty the canvassing or soliciting by transient merchants in their selling of goods and services in the Town of ________.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the authority under its village powers under
s. 60.22, Wis. stats., and the specific authority under
s. 66.0423, Wis. stats., to adopt this ordinance.
*
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation and licensing of certain canvassing and soliciting by transient merchants in the town.
SECTION IV - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION V – COVERAGE
A. No person, without a proper license issued by the Town Board of the Town of ________, under this ordinance, except for those persons exempt under Section VII of this ordinance, shall travel from place to place within the Town of ________ offering the sale of property that he or she carries with him or her, who goes from place to place within the Town of ________ soliciting orders for services or goods to be provided in the future, or who engages in, at a fixed location within the Town of ________, a temporary business of selling property or services at that location in the Town of ________. Persons engaging in these activities are transient merchants within the meaning of this ordinance.
B. The fee for the license shall be established annually by resolution of the town board prior to ________ ___. A license shall be issued annually from January 1 until December 31 unless the town board establishes and issues a license for a shorter duration. The license shall be issued to the person by the town clerk, or his or her designee, prior to any person soliciting orders, offering sales, or engaging in a business covered by this ordinance in the Town of ________.
SECTION VI – APPLICATION/LICENSE
The application and license shall designate the legal area in the Town of ________ where sales efforts by the applicant/licensee may occur. The license shall not be transferable to another person. The license shall be shown to any resident in the Town of ________ if the licensee is requested to demonstrate his or her license. The applicant shall, prior to issuance of any license, provide to the town clerk a driver's license or some other proof of identity as the town clerk may require. The application shall include all of the following:
A. The name of the applicant.
B. The address of the applicant.
C. The residential and business telephone number, facsimile number, and e-mail address of the applicant, if any.
D. The height, weight, hair color, and eye color of the applicant.
E. The nature of the sales business.
F. The areas in the Town of ________ where solicitation will occur.
G. A general description of the property or services to be offered for sale.
H. Any references, certificates, articles, resumes, affidavits, and recommendations to demonstrate the good character and honesty of the applicant.
I. Any references, certificates, articles, affidavits, and recommendations to demonstrate the quality of the product or service to be sold.
J. The applicant's residency for the last ____ years.
K. The names, addresses, and telephone numbers of 2 character references.
L. The make, model, and license number of any motor vehicle to be used in conduct of the sales business.
SECTION VII – EXEMPTIONS
The following persons, uses, and activities are exempt from the provision of this ordinance:
A. Wholesalers selling personal property at wholesale to dealers, distributors, or retainers.
B. Newspaper, periodicals, fuel, dairy products, or bakery goods delivery people.
C. Children under 18 years of age who are residents of the Town of ________.
D. Town merchants or employees of those merchants taking orders for or delivering goods in the regular course of business in the Town of ________.
E. Farmers and truck gardeners offering for sale agricultural perishable products that were raised or cultivated by them.
F.
A veteran holding a state license under
s. 440.82 (2), Wis. stats.
G. Sales in the Town of ________ required by statute or court order.
H. Auction sales in the Town of ________ conducted for public purchase under state law.
I. Sales of services or property in the Town of ________ conducted under another Town of ________ license or permit.
SECTION VIII – ORDINANCE/LICENSE
A. Any person subject to this ordinance shall comply with this ordinance and all state laws and rules regarding the sale of property and services in the Town of ________.
B. The applicant and any other person subject to this ordinance shall be subject to all of the following:
1. No person shall be issued or reissued a license until the appropriate application fee has been paid to the town clerk.
2. No person shall be issued or reissued a license who has failed to properly and fully complete and submit to the town clerk the application form as developed and provided by the town.
3. (Optional) No person residing outside of the State of Wisconsin shall be issued or reissued a license until that person files a $_____ surety bond with the town clerk that is approved by ________. The bond shall be provided to insure or partially insure that the applicant will comply with the Town of ________ ordinances and state laws and rules regulating transient merchants as defined in this ordinance, whether denominated as peddlers, haulers, canvassers, solicitors, transient merchants, or any other term, and to insure or partially insure that the applicant as a licensee will properly account for and apply any down payment money received by the licensee from any person in the Town of ________ and will properly provide delivery of goods or services purchased as represented by the licensee to any person in the Town of ________.
4. (Optional) No person, as a transient merchant, shall call upon any residential dwelling or other place in the Town of ________ between ____ p.m. and ____ a.m., except by appointment, nor upon the following days and holidays: [list days].
5. (Optional) No transient merchant shall call at any residential dwelling or other place in the Town of ________where a sign bearing the words “No Peddlers” or similar words appears upon or near the doors of the dwelling or other place.
SECTION IX – PENALTY PROVISION
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION IX – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XI – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Towns in counties that have enacted an ordinance under
s. 59.55 (4), Wis. stats., to regulate retail sales, other than auction sales, made by transient merchants and provide penalties for violations of those ordinances may not adopt a transient merchant ordinance.
