[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 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 Weyauwega without being registered for that purpose as provided herein.
In this chapter, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.
- 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.
- PERMANENT MERCHANT
- 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 person engaged in direct solicitation who:
- TRANSIENT MERCHANT
- Any individual who engages in the retail sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of such place. For purposes of this definition, "sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitute the greatest part of value for the price received but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state. Also, for purposes of this chapter, "transient merchant" shall mean solicitors.
The following shall be exempt from provisions of this chapter:
Regular delivery routes. Any person delivering newspapers, fuel, dairy products, food products or bakery goods to regular customers on established routes.
Wholesalers. Any person selling merchandise at wholesale to dealers in such merchandise.
Deliveries by permanent merchants. 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.
Requested home visits. 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.
Prior sales transactions. 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.
Services not offering merchandise. Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.
Auctions; sales authorized by statute. 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.
Charitable organizations; limited exemption. 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 Administrator proof that such charitable organization is registered under § 440.42, Wis. Stats., and that such solicitors comply with the registration and regulatory provisions of this chapter. 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.
Alleged transient merchants. Any person who claims to be a permanent merchant but against whom complaint has been made to the City Administrator that such person is a transient merchant, provided that there is submitted to the City Administrator 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.
Persons licensed by examining boards. Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.
City-authorized events. Any transient merchants doing business at special events specifically authorized by the City Council.
Local civic activities. 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 Weyauwega.
Resident minors. Minors under the age of 18 who are students at the Weyauwega School District.
Registration information. Applicants for registration must complete and return to the City Administrator a registration form furnished by the Administrator which shall require the following information:
Name, permanent address and telephone number, and temporary address, if any.
Height, weight, color of hair and eyes, and date of birth.
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.
Temporary address and telephone number from which business will be conducted, if any.
Nature of business to be conducted and a brief description of the merchandise offered and any services offered.
Proposed method of delivery of merchandise, if applicable.
Make, model and license number of any vehicle to be used by the applicant in the conduct of his/her business.
Last cities, villages, and towns, not to exceed three, where the applicant conducted similar business just prior to making this registration.
Place where the applicant can be contacted for at least seven days after leaving this City.
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.
Identification and certification. Applicants shall present to the City Administrator for examination:
A driver's license or some other proof of identity as may be reasonably required.
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.
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.
Registration fee. At the time of filing application, a registration fee as set by the City Council shall be paid to the City Administrator 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 § 434-3I, and local school, civic or community organizations, as defined by § 434-3M, shall not be required to pay such fee. The primary applicant shall pay a registration fee plus a Crime Information Bureau (CIB) investigation fee as set by the City Council; each assistant under the application shall also be required to pay the CIB fee.
Service of process. The applicant shall sign a statement appointing the City Administrator 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.
Registration. Upon payment of said fees, signing of said statement, and the expiration of the forty-eight-hour waiting period, the City Administrator 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 § 434-5B below.
Solicitors. Solicitors of funds or donations for charitable or other organizations shall comply with all disclosure and registration requirements above but shall be exempt from the registration fee; such applicants, however, shall each pay the CIB fee.
Upon receipt of each application, the City Administrator 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.
The City Administrator 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 § 434-4B above.
Any person denied registration may appeal the denial through the appeal procedure provided by ordinance or resolution of the City Council or, if none has been adopted, under the provisions of §§ 68.07 through 68.16, Wis. Stats.
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.
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.
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 City 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.
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.
No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
Sales activities and/or displays shall not be located within public rights-of-way for the protection of public safety.
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.
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.
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 guaranty or warranty is provided and, if so, the terms thereof.
The Police Department 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.
Registration may be revoked by the City 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.