HomeMy WebLinkAbout32124 / 82-01September 16, 1982 U 2 ORDINANCE
PURPOSE: AMEND TRANSIENT MER�dANTS ORDINANCE
INITZATED BY: DEPARTMENT OF ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHROSH AMENDING ARTICLE VII OF CHAPTEIt $
OF THE REVISED MUNICIPAL CODE PERTAZNING TO PEDDLERS AND TRANSIENT MERCHANTS.
The Co�on Council of the City of Oshkosh do ordain as follows:
SECTION I: That Section 8-45.1 of the Oshkosh Municipal Code is hereby
created to read as follows:
The provisions of Section 130.065 of the Wisconsin
Statutzs perta�:ir.g L� �ales bp transient �erchar.ts
is hereby incorporated herefn by reference.
SECTION 2: Section 8-46(b} is hereby recreated to read as follows;
Licensing of Transient Merchants.
Transient Merchants May Not Sell Without License. No transient
merchant, trader, or dealer may conduct an auction sale, liqui-
dation sale or other sale of more than four (4) articles of iner-
chandise within the City of Oshkosh, either by sale £or present
delivery or by sale for future delivery, unless licensed and
bonded to do so in the manner hereinafter provided. A"transient
merchant" is one who engages in the sale of inerchandise at any
place in this City temporarily, and who does not intend to become
and does not become a permanent merchant in the City of Oshkosh.
However, the term "transient merchant" shall not include artists
or craftsmen selling their own creations. For purposes of this
section, sale of inerchandise includes-a sale in which the personal
services rendered upon or in connection with the merchandise con-
stitutes the greatest part of value for the price received, and
includes the taking of orders for later delivery of goods at any
location other than the permanent business place or residence of
said merchant.
SECTION 3: Section 8-48 is hereby amended by deleting therefrom Section (I)
and re-lettering sections (J) and (K) to sections (I) and (J) respectively.
SECTION 4: Sections 8-51 and 8-52 are hereby repealed and re-created [o
read as follows:
(A) Fee and Bond. Before being entitled to � license under this
section, the applicant shall pay to the city clerk a Iicense
fee of $100 per day. The applicant shall in addition post a
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September 16, 1982 ll 2 Ordinance - Tr�nsient Merch.
Cont'd.
corporate surety bond with the clerk in the sum of $2,000 vith
surety to be approved by the clerk, provided, Cl7at. the aggreg3CE
liability of the surety for all the losses shall in no event
exceed the sum of the bond. The bond shall be conditioned on
the compliance with all laws and on compliance with all materi�l
oral or written statements and representations made by or 3n
behalf of the merciLant with reference to merchandise sold or
offered for sale and on the faithfux performance under a12 warcanties
made with reference thereto.
(B) Appointment of Clerk as Attorney. Before receiving a license �der
this section, the applicant shall in writing appolnt the city slerk
his attorney to accept service of process in any action co�enred
against the applicant arising out of the sale. Such action shn7.1
be brought ia Winnebago County.
(C) Exemptions. Persons exempt from payment of license fees under
appropriate Wisconsin Statutes shall be exempted from a Iicense
paying fee, but shall be required to comply with all other prosi-
sions of this ordinance.
SECTION 5: Section 8-52 is reserved for future use.
SECTION 6: All other provisions of Article VII pertaining to peddLers and
transient merchants shall remain in full force and effect.
SECTIOA 7: �his ordinance shall be in full force and effect from �1
after its passage and date of publication.
SUBMIiTED BY
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