[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 7, Ch. 4 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Secondhand article and jewelry dealers, pawnbrokers and garage sales — See Ch. 435.
It shall be unlawful for any direct seller to
engage in direct sales within the Village of Siren 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, but shall not include religious organizations.
The Village of Siren Clerk-Treasurer.
Any individual who, for himself or 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 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.
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, 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 Village 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.
[Amended 2-10-2011 by Ord. No. 2011-01]
J.
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Village Clerk-Treasurer
that such person is a transient merchant, provided that there is submitted
to the Village 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 Village for at least one year prior to the date complaint
was made.[1]
[1]
Editor’s Note: Former Subsection K, forbidding direct
seller’s permits for selling activities on private property,
was repealed 10-5-2017 by Ord. No. 2017-04.
A.
Applicants for registration must complete and return
to the Village 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 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 just prior to making
this registration.
(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
direct seller business within the last five years, the nature of the
offense and the place of conviction.
[Amended 2-10-2011 by Ord. No. 2011-01]
B.
Applicants shall present to the Village 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.
[Amended 2-10-2011 by Ord. No. 2011-01]
C.
Registration fee.
(1)
At the time the registration is returned, a fee as
set by the Village Board shall be paid to the Village Clerk-Treasurer
to cover the cost of processing said registration. Each and every
member of a group must file a separate registration form. Annual registrations
issued on or after July 1 shall be issued for 1/2 the required fee.
Direct sellers may employ two assistants without payment of an additional
registration fee, but such persons must comply with the other provisions
of this section.
[Amended 2-10-2011 by Ord. No. 2011-01]
(2)
The applicant shall sign a statement appointing the
Village 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.
(3)
Upon payment of said fee and the signing of said statement, the Village Clerk-Treasurer shall register the applicant as a direct seller 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 § 259-5B below.
A.
Upon receipt of each application, the Village 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 Village 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 § 259-4B above.
Any person denied registration may appeal the
denial through the appeal procedure provided by ordinance or resolution
of the Village Board[1] 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
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 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. 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 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 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 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 Chief of Police shall report to the Village
Clerk-Treasurer all convictions for violation of this chapter, and
the Village 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 hearing and
a statement of the acts upon which the hearing will be based.
