[Code 1992, § 12.05(2)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
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.
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 such merchant, has continuously
operated an established place of business in the City, or has continuously
resided in the City and now does business from his residence.
[Code 1992, § 12.05(3)]
The following shall be exempt from all provisions of this article:
(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 person selling agricultural products which such person has grown.
(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 their 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 such 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 the prospective customer.
(7)
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods.
(8)
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.
(9)
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 proof that such charitable organization
is registered under W.S.A., § 440.41. Any charitable organization
not registered under W.S.A., § 440.41, or which is exempt
from that statute's registration requirements, shall be required
to register under this article.
(10)
Any person who claims to be a permanent merchant, but against
whom complaint has been made to the Clerk that such person is a transient
merchant; provided, however, that there is submitted to the Clerk
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 for at least one year prior to
the date the complaint was made.
[Code 1992, § 12.05(7)(a)]
(a)
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 place
or remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
(b)
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 shall 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.
(c)
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.
(d)
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.
(e)
No direct seller shall allow rubbish or litter to accumulate in or
around the area in which he is conducting business.
[Code 1992, § 12.05(7)(b)]
(a)
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.
(b)
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 the 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 W.S.A., § 423.203,
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 W.S.A.,
§ 423.203(1)(a) through (c), (2), (3).
(c)
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; and
the delivery or performance date and whether a guarantee or warranty
is provided and, if so, the terms of such guarantee or warranty.
[Code 1992, § 12.05(8)]
The Chief of Police shall report to the Clerk all convictions
for violation of this article, and the Clerk shall note any such violation
on the record of the registrant convicted.
[Code 1992, § 12.05(1)]
No direct seller shall engage in direct sales within the City without being registered for that purpose as provided in Section 18-292.
[Code 1992, § 12.05(4)]
(a)
Contents of registration form. Applicants for registration shall
complete and return to the Clerk a registration form furnished by
the Clerk which shall require the following information:
(1)
Name, permanent address and telephone number and temporary address,
if any;
(2)
Age, height, weight, 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 shall
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
applicant in the conduct of his business;
(8)
Last cities, villages, towns, not to exceed three, where applicant
conducted similar business;
(9)
Place where applicant can be contacted for at least seven days
after leaving the City; and
(10)
A statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's transient
merchant business within the last five years, the nature of the offense
and the place of conviction.
(b)
Examination of documents. Applicants shall present to the 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 applicant's business requires the
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 shall 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 the license is made.
(c)
Fee for registration. At the time the registration is returned, the fee required by Section 18-56 shall be paid to the Clerk to cover the cost of processing such registration, and the applicant shall sign a statement appointing the Clerk his 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, if the applicant cannot, after reasonable effort, be served personally. Upon payment of the fee and the signing of the statement, the Clerk shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Section 18-293(b).
(d)
Issuance of permit. Upon registration by the Clerk as a direct seller
and all is in order, the Clerk shall issue a direct seller's
permit. This procedure applies also to charitable organizations not
registered under W.S.A., § 440.41.
[Code 1992, § 12.05(5)]
(a)
Upon receipt of each application, the Clerk 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 shall refuse to register the applicant if it is determined, pursuant to the investigation of Subsection (a) of this section, 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 Section 18-292(b).
[Code 1992, § 12.05(6)]
Any person denied registration may appeal the denial through the appeal procedure provided by Chapter 2.
[Code 1992, § 12.05(9)]
(a)
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 of 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 hearing and a statement of the
acts upon which the hearing will be based.
