[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 7, Ch. 4, of the 2001 Code. Amendments noted where applicable.]
It shall be unlawful for any transient merchant to engage in
direct sales within the City of New Lisbon without being registered
for that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The City of New Lisbon Clerk-Treasurer or his/her Deputy.
The statutory definition for "goods" provided in Wis. Stats.
§ 402.105, incorporated herein by reference. The term "goods"
also includes all new and used items.
[Added 9-20-2021 by Ord. No. 0719-21-01]
Includes personal property of any kind and shall include
merchandise, goods, or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of merchandise by a donor or prospective
customer.
Any person who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
Any individual who, for himself or for any other person,
organization, society, association or corporation, personally solicits
money, property or financial assistance of any kind from persons other
than members of such organization, society, association or corporation.[1]
Any person who engages in the business of selling goods,
wares or services within the City of New Lisbon from a temporary location.
This definition shall include a permanent merchant’s use of
motor vehicles, trailers, tents, or any temporary structure to sell
goods, wares or services at locations other than the permanent merchant’s
established place of business.
[Amended 9-20-2021 by Ord. No. 0719-21-01]
The following shall be exempt from provisions of this chapter:
C.
Any person selling merchandise at wholesale to dealers in such merchandise.
E.
Any permanent merchant or employee thereof who takes orders at the
home of the buyer for merchandise regularly offered for sale by such
merchant within this county and who delivers such merchandise in his
regular course of business.
F.
Any person who has an established place of business where the merchandise
being sold is offered for sale on a regular basis and in which the
buyer has initiated contact with, and specifically requested a home
visit by, said person.
G.
Any person who has had, or one who represents a company which has
had, a prior business transaction, such as a prior sale or credit
arrangement, with the prospective customer.
H.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
I.
Any person holding a sale required by statute or by order of any
court and any person conducting a bona fide auction sale pursuant
to law.
J.
Any employee, officer or agent of a charitable organization who engages
in direct sales for or on behalf of said organization, provided that
there is submitted to the City Clerk-Treasurer proof that such charitable
organization is registered under § 440.42, Wis. Stats.,
and that such solicitors comply with the registration and regulatory
provisions of § 440.42, Wis. Stats. Any charitable organization
engaging in the sale of merchandise and not registered under § 440.42,
Wis. Stats., or which is exempt from that statute's registration requirements
shall be required to register under this chapter.[4]
K.
Any person who claims to be a permanent merchant but against whom
complaint has been made to the City Clerk-Treasurer that such person
is a transient merchant, provided that there is submitted to the City
Clerk-Treasurer proof that such person has leased for at least one
year, or purchased, the premises from which he/she is conducting business
or proof that such person has conducted such business in this City
for at least one year prior to the date complaint was made.
L.
Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
M.
Any transient merchants doing business at special events specifically
authorized, by resolution by the Common Council, may have the application
of all or part of this article be temporarily suspended.
[Amended 9-20-2021 by Ord. No. 0719-21-01]
N.
Minors who are residents of the New Lisbon School District and any
person soliciting donations or selling merchandise associated with
a local school, civic, charitable or community function. For purposes
of this chapter, "local" shall be an activity sponsored by a school
or charitable/civic organization located within 10 miles of the City
of New Lisbon.[5]
P.
Any transient
merchant who participates in the farmers market sponsored by the Chamber
of Commerce provided such transient merchant shall only be exempt
while engaging in business at the location and during the hours established
by the Chamber of Commerce for the farmers market, and further provided
that such transient merchant is registered with and approved by the
City Chamber of Commerce.
[Added 9-20-2021 by Ord. No. 0719-21-01]
A.
Registration information. Applicants for registration must complete
and return to the City Clerk-Treasurer a registration form furnished
by the Clerk-Treasurer which shall require the following information:
(1)
Name, permanent address and telephone number, and temporary address,
if any.
(2)
Height, weight, color of hair and eyes, and date of birth.
(3)
Name, address and telephone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by or whose merchandise is being sold.
(4)
Temporary address and telephone number from which business will be
conducted, if any.
(5)
Nature of business to be conducted and a brief description of the
merchandise offered and any services offered.
(6)
Proposed method of delivery of merchandise, if applicable.
(7)
Make, model and license number of any vehicle to be used by the applicant
in the conduct of his/her business.
(8)
Last cities, villages, and towns, not to exceed three, where the
applicant conducted a similar business just prior to making this registration.
(9)
Place where the applicant can be contacted for at least seven days
after leaving this City.
(10)
Statement as to whether the applicant has been convicted of
any crime or ordinance violation related to the applicant's transient
merchant business within the last five years, the nature of the offense
and the place of conviction.
B.
Identification and certification. Applicants shall present to the
City Clerk-Treasurer for examination:
(1)
A driver's license or some other proof of identity as may be reasonably
required.
(2)
A state certificate of examination and approval from the Sealer of
Weights and Measures where the applicant's business requires use of
weighing and measuring devices approved by state authorities.
(3)
A state health officer's certificate where the applicant's business
involves the handling of food or clothing and is required to be certified
under state law, such certificate to state that the applicant is apparently
free from any contagious or infectious disease, dated not more than
90 days prior to the date the application for license is made.
C.
Fees; waiting period.
(1)
At the time of filing application, a registration fee as set by the Common Council shall be paid to the City Clerk-Treasurer to cover the cost of investigation of the facts stated in the application and for processing and registration. There shall be a forty-eight-hour waiting period to allow the City an opportunity to investigate or verify statements made in said application before the applicant can be registered as a transient merchant. Every member of a group must file a separate registration form. However, representatives/solicitors of charitable organizations, as defined by § 448-3I, and local school, civic or community organizations, as defined by § 448-3M, shall not be required to pay such fee.[1]
(2)
The applicant shall sign a statement appointing the City Clerk-Treasurer
his/her agent to accept service of process in any civil action brought
against the applicant arising out of any sale or service performed
by the applicant in connection with the direct sales activities of
the applicant, in the event that the applicant cannot, after reasonable
effort, be served personally.
(4)
Upon payment of said fees, signing of said statement, and the expiration of the forty-eight-hour waiting period, the City Clerk-Treasurer shall register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in § 448-5B below.
A.
Upon receipt of each application, the City Clerk-Treasurer may refer
it immediately to the Police Department for an investigation of the
statements made in such registration, said investigation to be completed
within three days from the time of referral.
B.
The City Clerk-Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation above, that: the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the last cities, villages and towns, not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of § 448-4B above.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Common
Council[1] or, if none has been adopted, under the provisions of
§§ 68.01 through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from: calling at any dwelling
or other place between the hours of 9:00 p.m. and 8:00 a.m. except
by appointment; calling at any dwelling or other place where a sign
is displayed bearing the words "No Peddlers," "No Solicitors" or words
of similar meaning; calling at the rear door of any dwelling place;
or remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
(2)
A transient merchant shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or character
of any merchandise offered for sale, the purpose of his/her visit,
his/her identity or the identity of the organization he/she represents.
A charitable organization transient merchant shall specifically disclose
what portion of the sale price of merchandise being offered will actually
be used for the charitable purpose for which the organization is soliciting.
Said portion shall be expressed as a percentage of the sale price
of the merchandise.
(3)
In addition to satisfying the registration requirements of this chapter,
no transient merchant shall conduct sales activities from a public
right-of-way, park or other City-owned area without specific authorization
from the Common Council. No transient merchant shall impede the free
use of sidewalks and streets by pedestrians and vehicles. Where sales
are made from vehicles, all traffic and parking regulations shall
be observed.
(4)
No transient merchant shall make any loud noises or use any sound-amplifying
device to attract customers if the noise produced is capable of being
plainly heard outside a one-hundred-foot radius of the source.
(5)
No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he/she is conducting business.
(6)
Sales activities and/or displays shall not be located within public
rights-of-way for the protection of public safety.
(7)
Fixed
location. All direct sellers, in particular transient merchants, who
establish a fixed location in the City from which to conduct their
business, shall comply with the following requirements:
[Added 9-20-2021 by Ord. No. 0719-21-01]
(a)
No direct seller shall use, erect or establish any structure, stand
or booth which cannot be dismantled and removed from the premises
in 20 minutes.
(b)
Any structure, stand or booth used, erected or established by a direct
seller shall be dismantled and removed at the end of each business
day, but in any event not later than 9:00 p.m.
(c)
No more than two direct sellers at a time shall be permitted to conduct
business from the same privately owned lot or parcel.
(d)
All stands, booths, structures and fixed locations, which are used,
erected or established by a direct seller, shall only be located in
the commercial and business zoning districts in the City.
(e)
No stand, booth, structure or fixed location shall be used, erected
or established by a direct seller on private property without the
express written permission of the owner or manager of the private
property.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement is made
to a prospective customer, a transient merchant shall expressly disclose
his/her name, the name of the company or organization he/she is affiliated
with, if any, and the identity of merchandise or services he/she offers
to sell and display his/her City registration.
(2)
If any sale of merchandise is made by a transient merchant or any
sales order for the later delivery of merchandise is taken by the
seller, the buyer shall have the right to cancel said transaction
if it involves the extension of credit or is a cash transaction of
more than $25, in accordance with the procedure as set forth in § 423.203,
Wis. Stats.; the seller shall give the buyer two copies of a typed
or printed notice of that fact. Such notice shall conform to the requirements
of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
(3)
If the transient merchant takes a sales order for the later delivery
of merchandise, he/she shall, at the time the order is taken, provide
the buyer with a written statement containing the terms of the agreement,
the amount paid in advance, whether full, partial or no advance payment
is made, the name, address and telephone number of the seller, the
delivery or performance date and whether a guarantee or warranty is
provided and, if so, the terms thereof.
The Police Department shall report to the Clerk-Treasurer all
convictions for violations of this chapter and the Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
A.
Registration may be revoked by the Common Council after notice and
hearing if the registrant made any material omission or materially
inaccurate statement in the application for registration, made any
fraudulent, false, deceptive or misleading statement or representation
in the course of engaging in direct sales, violated any provision
of this chapter or was convicted of any crime or ordinance or statutory
violation which is directly related to the registrant's fitness to
engage in direct selling.
The penalty for violation of any provision of this chapter shall be a penalty as provided in § 1-4 of this Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.
