[HISTORY: Adopted by the Town Board of the
Town of Buchanan 11-4-1997 as Ch. 22, Art. II, of the 1997 Code. Amendments noted
where applicable.]
It shall be unlawful for any direct seller or
solicitor to engage in direct sales or solicitations within the Town
of Buchanan without being registered and licensed for that purpose
as provided herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Each individual applying for registration and licensing as
a direct seller or solicitor.
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation for which there is
provided proof of tax exempt status pursuant to Section 501(c)(3)
or (4) of the United States Internal Revenue Code.
The Town Clerk or Deputy Clerk.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
An individual who, for himself/herself or for a partnership,
association or corporation, sells goods or services or takes sales
orders for the later delivery of goods or services 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, canvassers and transient merchants. The sales
of goods and services includes donations requested or required by
the direct seller for the retention of goods or services 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 or one representing a merchant who, for at
least one year prior to the submission of an application pursuant
to this chapter, has continuously operated an established place of
business in this Town or has continuously resided in this Town and
now does business from his/her residence.
Each individual registered by the Administrator and to whom
a license has been issued.
[Amended 11-10-2016 by Res. No. 2016-05]
Any individual who, for himself/herself or any other person,
organization, society, association or corporation, personally solicits
money, property or financial assistance of any kind of persons other
than members of such organization, society, association or corporation.
A.
The following shall be exempt from all provisions
of this chapter:
(1)
Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(2)
Any person selling goods at wholesale to dealers in
such goods.
(3)
Any farmer or truck gardener selling agricultural
products of the farm or garden occupied or cultivated by such person.
(4)
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 or her regular course of business.
(5)
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.
(6)
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 a prospective customer.
(7)
Any person holding a sale required by statute or by
order of any court and any person conducting a bona fide auction sale
pursuant by law.
(8)
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Administrator that such
person is a transient merchant, provided that there is submitted to
the Administrator proof that such person has purchased or leased for
at least one year 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 11-10-2016 by Res. No. 2016-05]
(9)
Any person under 18 years of age who is selling goods
or services on behalf of a charitable, educational, religious or social
organization, including but not limited to the Girl Scouts, Brownies,
Boy Scouts, school groups or sports teams.
B.
Charitable organizations.
[Amended 11-10-2016 by Res. No. 2016-05]
(1)
Charitable organizations shall be exempt from the requirements set forth in § 263-4A and D and § 263-6A if the organization has provided the individual representing it with credentials stating the name of the organization, the name of the representative and the purpose of the solicitation and, provided, further, that said individuals provide the Administrator with the following information:
(a)
The individual's name and permanent address.
(b)
The name and address of the organization represented.
(c)
The name and address of the officers or directors
of the organization.
(d)
The nature of the sales or solicitations.
(e)
Proposed dates and times of sales or solicitations.
(f)
Social security number.
(g)
Driver's license number.
(2)
A license operative for the dates provided to the
Administrator shall be issued without charge upon compliance with
the foregoing. The Administrator shall then forward the information
and notice of the issuance of a license to the Outagamie County Sheriff.
C.
Any religious organizations for which there is provided proof of tax exempt status pursuant to Section 501(c)(3) of the United States Internal Revenue Code shall be exempt from the requirements set forth in Subsection A(1) and (4) and § 263-5. The provisions of this section above shall be applicable to such organizations.
D.
Veterans.
[Amended 11-10-2016 by Res. No. 2016-05]
(1)
Any veteran who holds a special state license pursuant to § 440.51, Wis. Stats., shall be exempt from the provisions of § 263-6, provided that such veteran provides the Administrator with the following information:
(2)
The Administrator shall then forward the above information
to the Outagamie County Sheriff.
[Amended 8-17-2010 by Ord. No. 2010-03; 11-10-2016 by Res. No. 2016-05]
A.
Applicants for licenses must complete and return to
the Administrator a registration form furnished by the Administrator
which shall require the following information:
(1)
Name, permanent address, 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
sales or solicitations will be conducted, if any.
(5)
Nature of sales or solicitations to be conducted and
a brief description of the goods and/or services offered.
(6)
Proposed dates and times of sales or solicitations.
(7)
Proposed method of delivery of goods, if applicable.
(8)
Make, model and license number of any vehicle to be
used by applicant in the conduct of sales or solicitations.
(9)
Last three cities, villages, and towns where applicant
conducted similar sales or solicitations.
(10)
Place where applicant can be contacted for at
least seven days after leaving this Town.
(11)
Statements as to whether applicant has been
convicted of any crime or ordinance violation related to applicant's
sales or solicitation or other transient merchant activities within
the last five years, the nature of the offense and the place of conviction.
B.
Applicants shall present the following items to the
Administrator for examination:
(1)
A driver's license or some other acceptable photo
identification as may be reasonably required.
(2)
A state certificate of examination and approval from
the sealer of weights and measures where applicant's business requires
use of weighing and measuring devices approved by state authorities.
(3)
A state health officer's certificate where applicant's
business involves handling of food or clothing and is required to
be certified under state law; such certificate to state that 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.
(4)
Applicant's social security card.
C.
No application shall be processed until the nonrefundable
application fee has been paid to the Administrator to cover the costs
of processing said application. The fee shall be paid in cash or cashier's
check. Said fee shall be as set in the Town Fees and Licenses Schedule[1] if the applicant is a resident of this Town or the organization
represented by the applicant has been conducting its business activities
in this Town continuously for one year prior to submission of the
application. The fee for all other applicants shall be as set in the
Town Fees and Licenses Schedule.
[1]
Editor's Note: The Town Fees and Licenses Schedule is on file
in the office of the Town Administrator.
D.
No applications shall be processed until the applicant
signs a statement appointing the Administrator or his/her agent to
accept service of process in any civil action brought against the
applicant arising out of any sale, service performed or solicitation
by the applicant in connection with the direct sales or solicitation
activities of the applicant in the event the applicant cannot, after
reasonable effort, be served personally.
A.
Upon receipt of a completed registration form, the
Administrator shall refer it to the Outagamie County Sheriff to make
an investigation.
[Amended 11-10-2016 by Res. No. 2016-05]
B.
The Administrator shall refuse to issue a license
to the applicant for any of the following reasons:
[Amended 11-10-2016 by Res. No. 2016-05]
(1)
The application contains any material omission or
materially inaccurate statement.
(2)
Complaints of a material nature have been received
against the applicant by authorities in any of the last three cities,
villages, or towns in which the applicant conducted similar business.
(3)
The applicant was convicted of a crime or statutory
violations within the last five years, the nature of which is directly
related to the applicant's fitness to engage in direct selling or
solicitations.
C.
Any person denied application for a license may appeal
such actions by filing with the Town Board, within 14 days after written
notice of the denial, a written statement requesting a hearing and
setting forth grounds for the appeal. The Town Board shall set a time
and place for the hearing. Written notice of the time and place of
the hearing shall be given to the applicant at least 72 hours prior
to the time set for the hearing.
A.
Upon compliance with the foregoing requirements, filing
of a bond and payment of the license fee as hereinafter set forth,
the Administrator shall register the applicant as a direct seller
or solicitor and issue a license to the applicant. The license shall
be operative only during the days requested on the registration form.
[Amended 11-10-2016 by Res. No. 2016-05]
B.
Such license shall contain the signature of the Administrator,
the name and address of the direct seller or solicitor, the type of
goods or services being sold or the nature of the solicitation, the
dates during which the license is operative and the license number
of any vehicle used for sales or solicitation.
[Amended 11-10-2016 by Res. No. 2016-05]
C.
Registrants shall exhibit their license at the request
of any citizen or police officer.
D.
Every applicant who intends to take sales orders and
down payments for the later delivery of goods and services and is
not a resident of Outagamie County, Wisconsin, or who is such a resident
and represents a business or organization whose principal place of
business is located outside the State of Wisconsin, shall file with
the Administrator a surety bond, for a term of one year from the date
of issuance of license, running to the Town in the amount of $5,000
with surety acceptable to the Town Chairperson, conditioned that the
applicant comply with all applicable ordinances of this Town and statutes
of the State of Wisconsin regulating peddlers, canvassers, solicitors
and transient merchants. Such bond shall guarantee to any citizen
of this Town that all money paid as a down payment will be accounted
for and applied according to the representations of the seller and
that the property purchased will be delivered according to the representations
of the seller. Action on such bond may be brought by the person aggrieved
and for whose benefit, among others, the bond is given. The surety
may, pursuant to a court order, pay the face amount of the bond to
the clerk of court in which suit is commenced and be relieved of all
further liability.
[Amended 11-10-2016 by Res. No. 2016-05]
A.
Prohibited practices.
(1)
A direct seller or solicitor shall be prohibited from:
(a)
Calling at any dwelling or other place between
the hours of 7:00 p.m. and 10:00 a.m. except by previously arranged
appointment.
(b)
Calling at any dwelling or other place where
a sign is displayed bearing the words "No Peddlers," "No Solicitors"
or words of similar meaning.
(c)
Calling at the rear door of any dwelling place.
(d)
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 or solicitor shall not misrepresent
or make false, deceptive or misleading statements concerning the quality,
quantity or character of any goods or services offered for sale, the
purpose of his/her visit, his/her identity, or of the identity of
the organization he/she represents. A direct seller representing a
charitable or religious organization shall specifically disclose what
portion of the sale price of goods being offered will actually be
used for the charitable or religious purpose for which the individual
is soliciting. Said portion shall be expressed as a percentage of
the sale price of the goods or services.
(3)
No direct seller or solicitor shall impede the free
use of sidewalks and streets by pedestrians and vehicles. Where sales
or solicitations are made from vehicles, all traffic and parking regulations
shall be observed. No direct seller or solicitor shall have any exclusive
right to any location in the public streets, nor shall any be permitted
a stationary location thereon in excess of 15 minutes, nor shall any
be permitted to operate in a congested area where such operation might
impede or inconvenience the public use of such streets. Any move from
a stationary location shall be a place not less than 100 feet from
such location, and the seller or solicitor shall not return to within
100 feet of any previously occupied location within four hours of
having moved from said location. For the purpose of this section,
the judgment of a police officer, exercised in good faith, shall be
deemed conclusive as to whether the area is congested and the public
impeded or inconvenienced.
(4)
No direct seller or solicitor shall make any loud
noises or use any sound amplifying device to attract customers or
donors, if the noise produced is capable of being plainly heard outside
a one-hundred-foot radius of the source.
(5)
No direct seller or solicitor shall allow rubbish
or litter to accumulate in or among the area in which he/she is conducting
business or making solicitations.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement
is made to a prospective customer or donor, a direct seller or solicitor
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 or services is made by a direct
seller, or any sales order for the later delivery of goods or services
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.
[Amended 11-10-2016 by Res. No. 2016-05]
The Outagamie County Sheriff shall report to
the Administrator all convictions for violations of this chapter,
and the Administrator shall note any such violation on the record
of the registrant convicted. The Administrator shall note any complaint
or report of any alleged violation made by a resident of this Town
to a police officer.
The registrant's license 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
or solicitation, 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 or
solicitations. 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 hearing and
a statement of such acts or omissions upon which the hearing will
be based.
[Amended 8-17-2010 by Ord. No. 2010-03]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable as provided in § 1-7 of the Code. Each violation of any provision of this chapter shall constitute a separate offense.
