[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 7-17-2007 (§ 9.02 of the 1997 Code). Amendments noted where
applicable.]
A.
Auctions and closeout sales are hereby deemed to be
unlawful unless notice of said auction or closeout sale is given in
writing by the auctioneer or person or business conducting said auction
or closeout sale to the Town of Grand Chute not less than 15 days
before the occurrence of said auction or closeout sale.
B.
The written notice of auction or closeout sale shall
be sufficient if it contains and identifies the date, the hours and
the location where the auction or closeout sale will take place and
identifies the owners or consignors of personal property or real estate
to be sold. The written notice shall be received by the Town Clerk
at least 15 days prior to the auction or sale.[1]
As used in this article, the following terms
shall have the meanings indicated:
A sale transaction conducted by means of oral or written
exchanges between an auctioneer and prospective purchasers of goods
or real estate that consist of a series of invitations made by the
auctioneer to the prospective purchasers for offers for the purchase
of goods or real estate that culminate in the acceptance by the auctioneer
of the highest or most favorable offer made by one of the prospective
purchasers.
A sale transaction conducted by a person or a business, at
retail, for the purpose of closing out merchandise or the sale of
merchandise which is advertised or implied as a closing out or going
out of business sale which results in the termination of that business.
This article does not apply to any of the following:
A.
An auction conducted by or under the direction of
an official of the United States or of this state or a county, city,
village or town in this state.
B.
An auction required by a court order or judgment.
C.
A sale of goods or real estate required by law to
be a sale by auction.
D.
An auction conducted by the owner of the goods or
real estate for sale if the owner has held the goods or real estate
for his or her personal use for at least one year immediately preceding
the date of the auction.
E.
An auction conducted by or under the direction of
a religious, fraternal or benevolent society, a school or a nonprofit
organization.
F.
An auction conducted by or under the direction or
a political organization or candidate if the proceeds of the auction
will be used for political purposes.
G.
An auction in which the total appraised value of the
goods or services for sale is less than $500.
H.
Fur auctions and fur auctioneers licensed by the Department
of Natural Resources under Ch. 29, Wis. Stats.
I.
Motor vehicle auction dealers licensed by the Department
of Transportation under Subchapter VIII of Ch. 218, Wis. Stats.
J.
A person, other than a licensee as defined in § 452.01(5),
Wis. Stats., who conducts an auction or manages or has primary responsibility
for handling sales proceeds, down payments, earnest money deposits
or other trust funds received at or as a result of an auction while
lawfully practicing within the scope of a license, permit or certificate
granted to that person by a state governmental agency other than the
Department of Safety and Professional Services.[1]
Failure to give notice as required under this
article of any auction or closeout sale shall result in a penalty
as prescribed in the Uniform Forfeiture and Bond Schedules for each
day of each failed notice.
It shall be unlawful for any direct seller to
engage in direct sales within the Town of Grand Chute without being
registered for that purpose as provided herein.
As used in this article, 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.
Any individual who, for him/herself 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 said 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 services offered or sold.
A direct seller who, for at least one year prior to the consideration
of the application of this article to said merchant, has continuously
resided in this Town or has continuously resided in this Town and
now does business from his/her residence.
The Town of Grand Chute Police Department.
The following shall be exempt from all provisions
of this article:
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/her 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 said 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 said organization,
provided that there is submitted to the Town Police Department 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 the statute's registration requirements,
shall be required to register under this article.
J.
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Town Police Department
that such person is a transient merchant, provided that there is submitted
to the Town Police Department 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 Town for at least one year prior to the date complaint was made.
[Amended 12-20-2011 by Ord. No. 2011-40]
A.
Applicants for registration must complete and return to the office
of the Town Clerk a registration form furnished by the Clerk's
office, 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 offered and any services offered.
(6)
Proposed method of delivery of goods, 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 similar business.
(9)
Place where the applicant can be contacted for at least seven days
after leaving this Town.
(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 Town Clerk 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.
At the time the registration is returned, a fee shall be paid (per
the Fee Schedule adopted by the Town Board and revised from time to
time) to the Town Clerk to cover the cost of processing said registration.
(1)
The applicant shall sign a statement appointing the Town Clerk 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.
[Amended 12-20-2011 by Ord. No. 2011-40]
A.
Upon receipt of each application, the Town Clerk may make and complete
an investigation of the statements made in such registration.
B.
The Town Clerk 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 § 259-9B above.
Any person denied registration may appeal the
denial through the appeal procedure provided by ordinance or resolution
of the Town Board or, if none has been adopted, under the provisions
of §§ 68.07 through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A direct seller shall be prohibited from calling at
any dwelling or other place between the hours of 9:00 p.m. and 9:00
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;
or remaining on any premises after being asked to leave by 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/her
visit, his/her identity or the identity of the organization he/she
represents. A charitable organization 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. Said 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/she 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/her name, the name of the company or organization he/she
is affiliated with, if any, and the identity of goods or services
he/she 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 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 direct seller takes a sales order for the later
delivery of goods, 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.
A.
Registration may be revoked by the Town 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 article 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.
Any person convicted of violating any provisions
of this article shall forfeit an amount as prescribed in the Uniform
Forfeiture and Bond Schedules plus costs of prosecution. Each violation
shall constitute a separate offense.
