License Required; Exceptions.
Milwaukee Code of Ordinances § 92-3
in effect92-3. License Required; Exceptions.
1. LICENSE REQUIRED. No person may engage in the business of a direct seller, transient merchant or solicitor within the limits of the city without first obtaining a mobile seller’s license under this subchapter.
2. EXCEPTIONS. The following shall be exempt from licensure, but shall not be exempt from the regulations provided in ss. 92-13-4 and 5-a to k:
a. Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
b. Any person selling goods at wholesale to dealers in such goods.
c. Any person solely selling food and licensed under ch. 68, or exempted from licensing under ch. 68. This exemption does not apply to any food peddler vehicle licensed by another municipality or mobile or transient retail food establishment licensed by the state.
d. Any permanent merchant or employee thereof who sells or takes orders away from the established place of business for goods regularly offered for sale by such merchants within the city.
e. Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods.
f. Any person holding a sale required by statute or by order of any court, any person conducting a bona fide auction sale pursuant to law, or any person registered as an auctioneer under ch. 480, Wis. Stats.
g. Any home improvement sales-person licensed under s. 95-14 or any alarm sales personnel registered under s. 105-75-14.
h. Any person engaged in political or fundraising activities for a campaign committee or political organization duly registered with a federal, state, county or city election board.
i. Any person who sells goods or takes orders for the later delivery of goods, including any solicitor, within the barricaded area of any city-permitted street festival, provided the person is registered and operating with the permission of the respective festival organization.
j. Any person reselling tickets to entertainment or sporting events at or below face value.
k. Any person who purchases or sells comic books or collectible toys.
L. Any farmer or gardener who sells or disposes of, or offers to sell or dispose of, the products of the farm or garden occupied and cultivated by the farmer or gardener.
m. Any artist who offers for sale creations of art or craft, whether paintings, drawings, photographs, pottery, leather goods or similar works of art, provided that such creations may be sold only by the creating artist.
n. Any member of an event being held at any venue owned or operated by the Wisconsin center district.
o. Any person, firm or corporation that is selling goods or taking orders on the premises of the Henry W. Maier festival park grounds with the express written consent of the custodian of such premises.
p. Any permanent merchant conducting a temporary sidewalk sale.
q. Any person operating under the immediate supervision of a licensed seller or solicitor.
3. NONPROFIT ORGANIZATIONS.
a. An employee, officer, or agent of a nonprofit organization, as defined in s. 101-23.7-1-c, applying for a license under this subchapter shall be exempt from the requirements of ss. 92-5-2 and 3, provided both of the following requirements are met:
a-1. There is submitted to the city clerk proof that the nonprofit organization is registered under s. 181.0501, Wis. Stats., or proof that the nonprofit organization is exempt from registration as a nonprofit organization under this statute.
a-2. All sales are performed by persons who are unpaid for their services and who remit all proceeds from sales to the organization to be used for the purposes of the organization.
b. Any employee, officer, or agent of a nonprofit organization licensed under this subchapter who does not meet both requirements in par. a shall be subject to all provisions of this subchapter in the same manner as any other licensee.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH92.pdf#page=2Fetched: 10/26/2026
