[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 7,
Ch. 4, of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Pawnbrokers and secondhand dealers — See Ch. 462.
It shall be unlawful for any direct seller to engage in direct
sales within the City of Marion 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 City of Marion Clerk-Treasurer or deputies.
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 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 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.
D.
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.
E.
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.
F.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods.
G.
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.
H.
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 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; it is intended to
include any employee, officer, agent or member of any local charitable
organization having a local group or association.[1]
I.
Any person who claims to be a permanent merchant but against whom
complaint has been made to the City Clerk-Treasurer that such person
is a transient merchant, provided that there is submitted to the City
Clerk-Treasurer 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 in this City
for at least one year prior to the date complaint was made.
A.
Registration information. Applicants for registration must complete
and return to the City 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 business.
(8)
Last cities, villages, and towns, not to exceed three, where the
applicant conducted similar business just prior to making the registration.
(9)
Place where the applicant can be contacted for at least seven days
after leaving this City.
(10)
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.
B.
Identification and certification. Applicants shall present to the
City 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.[1]
C.
Registration fee.
(1)
At the time of filing application, a fee set by the Common Council
shall be paid to the City Clerk-Treasurer to cover the cost of investigation
of the facts stated in the application and for processing said registration.
Each and every member of a group must file a separate registration
form.[2]
(2)
The applicant shall sign a statement appointing the City Clerk-Treasurer
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, in the event that the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the City Clerk-Treasurer may refer
it immediately to the Police Department for an investigation of the
statements made in such registration, said investigation to be completed
within five days from the time of referral.
B.
The City 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 § 314-4B above.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Common
Council or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.[1]
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 on 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.
A.
Registration may be revoked by the Common 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.
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.
