[HISTORY: Adopted by the Town Board of the Town of Ledgeview 10-30-2009 by Ord. No. 2009-041. Amendments noted where applicable.]
The intent of these regulations is to protect the peaceful enjoyment of the residents of Ledgeview in their residence and throughout the community and to protect residents from commercial fraud whenever possible. The Town Board recognizes that constitutional limitations restrict extensive and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations are essential to promote privacy among Town residents given that door-to-door type activities as contemplated herein are not traditional public forums.
When used in this chapter, the following terms shall have the following meanings:
- CHARITABLE ORGANIZATION
- An organization that is described in Section 501(c)(3) of the Internal Revenue Code and that is exempt from taxation under Section 501 of the Internal Revenue Code or any person or organization who is or purports to be established for a purpose described in Section 501(c)(3) of the Internal Revenue Code or any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civil or other eleemosynary objective.
- DIRECT SELLER
- Any 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, solicitors and transient merchants. The sale of goods or services includes donations 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.
- PERMANENT MERCHANT
- A direct seller who operates an established business in this Town from a permanent location.
- The performance of a duty or labor for the benefit of another and shall include services provided incidental to goods offered or sold.
- Any individual who, for himself or herself, or for a partnership, association or corporation, conducts or participates in any drive or campaign to obtain contributions of money, time, support or personal property of any kind or value.
It shall be unlawful for any person to engage in direct sales or solicitation within the Town of Ledgeview without first obtaining a permit for that purpose and comply with the provisions of this chapter as provided herein.
Permit requirements of this chapter shall not apply to the following:
Employees, members, officers or agents of a charitable organization engaging in direct sales or solicitation for or on behalf of said organization, provided that there is submitted to the Town Clerk satisfactory evidence of registration under § 440.41, Wis. Stats., provided there is compliance with the provisions of § 38-10 of this chapter. Any organization not so registered, or which is exempt from such registration requirements except for veterans organizations incorporated under Chapter 188, Wis. Stats., or chartered under federal law, shall be required to register under this chapter;
Individuals delivering newspapers, fuel, dairy products or bakery goods to regular customers or established routes or to prospective customers for sales for future delivery.
Individuals selling personal property at wholesale to dealers in such goods.
Permanent merchants, their employees or designee, who take orders away from the established place of business for goods regularly offered for sale by such merchants and who deliver said goods in the regular course of business.
Persons who have had, or one who represents a direct seller upon proper identification who has had, a prior business transaction with the prospective customer or who have been contacted by the buyer who specifically requested a home visit.
Persons selling agricultural products which such persons have grown or produced.
Nothing contained in this chapter shall be construed to prohibit or restrict any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction pursuant to law.
Permit application. Applicants for a permit must complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:
Full legal name, permanent address and telephone number and temporary address, if any.
Date of birth, age, height, sex, race, weight, color of hair and eyes.
Name, address and telephone number of the person, firm, association or corporation that the direct seller represents, is employed by or whose merchandise is being sold.
Temporary address and telephone number from which business shall be conducted, if any.
Nature of business to be conducted and a brief description of the goods offered and any services offered.
Names, addresses, and phone numbers of suppliers of articles to be sold and proposed method of delivery of goods, if applicable.
Make, model, license number and state, color, and year of any vehicle to be used by the applicant in the conduct of his or her business.
Last three cities, villages, or towns where the applicant conducted similar business.
Place where the applicant can be contacted for at least seven days after leaving Town.
Name and addresses of last two Brown County property owners who can vouch for said applicant.
Date license is required. The dates must be consecutive dates. A new application and license is required for each occasion.
Hours business will be conducted.
Statement as to whether the applicant has been convicted of any crime or ordinance violation other than a traffic violation, the nature of the offense, and date of conviction.
Signature of the applicant.
Date of application.
Applicants shall present to the Town Clerk 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 State of Wisconsin 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, dated not more than 90 days prior to the date the application for license is made.
At the time the permit application is returned for filing with the Town Clerk, the applicant shall pay to the Clerk a permit fee of $25 and a nonrefundable processing fee of $10. Charitable organizations are exempt from paying said fees, if a background check is not required. Upon payment of said fee and the signing of said statement, the Clerk shall issue the permit and record the date of issuance. Said permit shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Subsection D below or revocation as provided in § 38-8 below.
Within 10 days of receipt of each complete application and display of receipt for payment of fee, the Town Clerk shall complete a background check.
The Town Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation, any one of the following:
The application contains any material omission or materially inaccurate statement;
Valid or substantial complaints of material nature against the applicant received by authorities in the communities where the applicant conducted similar business;
The applicant had his or her registration revoked by the Town Board and six months since the date of revocation, or decision or appeal, have not elapsed;
The applicant was convicted of, or is subject to a pending charge of, a crime, statutory or regulatory violations, or ordinance violation for an offense which is substantially related to the circumstances of the particular job or licensed activity or the nature of which is directly related to the applicant's fitness to engage in direct selling or solicitation;
Upon completion of such investigation, the Town Clerk shall, subject to the restrictions contained in Subsection D(1) above, register the applicant as a direct seller or solicitor and shall issue to the applicant an identification card.
The identification card shall contain the applicant's name and representation, a current photograph of the applicant, the date of registration and the date of expiration, and a disclaimer that the Town, despite registration requirements, does not endorse or condone the activities of the applicant. Said card shall be embossed in plastic and shall be issued to the applicant upon registration.
Such card shall be visibly displayed at all times the applicant is conducting direct sales or solicitations;
No applicant may engage in direct sales or solicitations prior to registration and issuance of such identification;
The Town Clerk shall require payment of $10 to issue a replacement card.
Any person denied registration may appeal the denial. Sections 68.07 through 68.16 of the Wisconsin Statutes shall govern any appeal.
The following practices are hereby prohibited:
Calling at any dwelling 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" or "No Solicitors" or words of similar meaning.
Calling at the rear door of any dwelling place unless previously arranged.
Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
Misrepresenting or making false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale, the purpose of the visit, the identity of the caller or the identity of the organization represented. A direct seller for a charitable organization shall specifically and truthfully disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance, and said portion shall be expressed as a percentage of the sale price of the goods or services.
Failing to outwardly display at all times while engaged in direct selling or soliciting the Town-issued identification, if registration is required, or failing to display, when requested by a potential customer, solicited person or law enforcement officer, a document identifying the direct seller or solicitor as representing an individual, a partnership, an association or a corporation, if exempt from the registration requirements of this chapter.
Impeding the free use of sidewalks, streets and other rights-of-way by pedestrians and vehicles. Where sales or solicitations are made by vehicles, all traffic and parking regulations shall be observed.
Making any loud noises or using any sound-amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.
Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities.
Direct sellers shall:
After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his or her name, the name of the company or organization he or she is affiliated with, if any, and the identity of the goods or service he or she offers to sell.
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 § 423.201, 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 direct seller takes a sales order for the later delivery of goods, he or 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.
The Town Clerk shall note any violation on the record of the individual and shall report any such conviction to the Town Board and to the partnership, association or corporation on whose behalf the individual represents.
Registration may be revoked by the Town Board after notice and a hearing for any of the following:
Making any material omission or materially inaccurate statement in the application for registration;
Making any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in the direct sales of soliciting;
Violating any provisions of this chapter;
Being convicted of any crime or any statutory, regulatory or ordinance violation which is directly related to the registrant's fitness to engage in direct selling or soliciting;
Conducting direct sales or solicitations in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Written notice of the hearing or revocation shall be given by the Town Clerk setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notices shall be mailed postage prepaid to the registrant at his or her address, as listed on the application or as updated by the applicant with the Town Clerk, at least five days prior to the date set for hearing, or shall be served in the same manner as a summons in a civil matter at least three days prior to the date set for hearing.
The hearing, final determination and any judicial review shall be governed by §§ 68.11(2) and (3), 68.12 and 68.13, Wis. Stats.
No individual whose registration has been revoked shall make further application until a period of six months shall have elapsed since the date of the last previous revocation by the Town Board or as determined on appeal.
In the event an organization is exempt from the registration requirements of this chapter, said organization shall still be required to register with the Town Clerk and otherwise comply with all other provisions and regulations of this chapter. The following information shall be furnished:
The name of the organization and purpose of the cause for which direct sales or solicitation is being conducted;
Names and addresses of the organization and of the officers and of the directors of the organization;
Period during which direct sales or solicitation is to be carried on;
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such direct sales or solicitations and the amount thereof;
The type of identification or documentation that is to be used by individuals engaging in direct sales or soliciting on behalf of the organization;
Satisfactory evidence of registration under § 440.41 of the Wisconsin State Statutes.