[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990
as §§ 12.04 and 12.10 of the 1990 Code. Amendments noted where
applicable.]
No direct seller shall engage in direct sales within the Village 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 or patriotic person, partnership,
association or corporation, or one purporting to be such.
The Village Clerk-Treasurer or any authorized deputy of such Clerk-Treasurer.
Any individual who, for himself or for a partnership, association
or corporation, sells goods or takes sales orders for the later delivery of
goods at any location other than the permanent business place or residence
of such individual, partnership, association or corporation, and shall include,
but not be limited to, peddlers, solicitors and transient merchants. The sale
of goods includes donations required by the direct seller for the retention
of goods by a donor or prospective customer.
Includes personal property of any kind and shall include goods provided
incidental to the services offered or sold.
A direct seller who, for at least one year prior to the consideration
of the application of this chapter to such merchant, has continuously:
The following shall be exempt from all provisions of this chapter:
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 selling agricultural products which such person
has grown.
D.
Any permanent merchant or employee thereof who takes
orders away from the established place of business for goods regularly offered
for sale by such merchant within this county and who delivers such goods in
his regular course of business.
E.
Any person who has an established place of business where
the goods being sold are offered for sale on a regular basis and in which
the buyer has initiated contact with and specifically requested a home visit
by such person.
F.
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.
G.
Any person selling or offering for sale a service unconnected
with the sale or offering for sale of goods.
H.
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.
I.
Any employee, officer or agent of a charitable organization
who engages in direct sales for or on behalf of such organization, provided
that there is submitted to the Clerk-Treasurer proof that such charitable
organization is registered under § 440.42, Wis. Stats. Any charitable
organization 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.
J.
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk-Treasurer that such person
is a transient merchant, provided that there is submitted to the Clerk-Treasurer
proof that such person has leased for at least one year or purchased the premises
from which he is conducting business or proof that such person has conducted
such business in this Village for at least one year prior to the date the
complaint was made.
A.
Applicants for registration shall complete and return
to the 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)
Age, height, weight, and color of hair and eyes.
(3)
Name, address and telephone number of the person, firm,
association or corporation that the direct seller 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 goods and any services offered.
(6)
Proposed method of delivery of goods, if applicable.
(7)
Name, model and license number of any vehicle to be used
by the applicant in the conduct of his business.
(8)
Last cities, villages, and towns, not to exceed three,
where the applicant conducted similar business.
(9)
Place where the applicant can be contacted for at least
seven days after leaving this Village.
(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.
Applicants shall present to the 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 registration is made.[1]
C.
At the time the registration is returned, the fee set
by the Village Board shall be paid to the Clerk-Treasurer to cover the cost
of processing such registration.
(1)
The applicant shall sign a statement appointing the Clerk-Treasurer
as his agent to accept service of process in any civil action brought against
him arising out of any sale or service performed by him in connection with
his direct sales activities, in the event the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the Clerk-Treasurer
may refer it immediately to the Chief of Police, who may make and complete
an investigation of the statements made in such registration.
B.
The 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 § 147-4B.
Any person denied registration may appeal the denial through the appeal
procedure provided by ordinance or resolution of the Village Board or, if
none has been adopted, under the provisions of §§ 68.01 through
68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A direct seller shall be prohibited from 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; or remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
(2)
A direct seller shall not misrepresent or make false,
deceptive or misleading statements concerning the quality, quantity or character
of any goods offered for sale, the purpose of his visit, his identity or the
identity of the organization he represents. If a charitable organization,
the direct seller shall specifically disclose what portion of the sale price
of goods being offered will actually be used for the charitable purpose for
which the organization is soliciting. Such portion shall be expressed as a
percentage of the sale price of the goods.
(3)
No direct seller 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 direct seller 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 direct seller shall allow rubbish or litter to accumulate
in or around the area in which he is conducting business.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement
is made to a prospective customer, a direct seller shall expressly disclose
his name, the name of the company or organization he is affiliated with, if
any, and the identity of goods or services he offers to sell.
(2)
If any sale of goods is made by a direct seller or any
sales order for the later delivery of goods is taken by the seller, the buyer
shall have the right to cancel such 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(1)(a), (b) and (c), (2) and
(3), Wis. Stats.
(3)
If the direct seller takes an order for the later delivery
of goods, he shall, at the time the order is taken, provide the buyer with
a written statement containing the terms of the agreement, 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 Chief of Police shall report to the Clerk-Treasurer all convictions
for violation 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 Village Board 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.
B.
Written notice of the hearing shall be served personally
on the registrant at least 72 hours prior to the time set for the hearing.
Such notice shall contain the time and place of the hearing and a statement
of the acts upon which the hearing will be based.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any registration issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.
