[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 7-16-2001 (Sec. 12.05
of the 1986 Town Code). Amendments noted where applicable.]
It shall be unlawful for any transient merchant to engage in
sales within the Town 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.
The Town Clerk.
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 goods by a donor or prospective customer.
Any person who, for at least one year prior to the consideration
of the application of this chapter to said 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 chapter, "sale of merchandise" includes a sale in
which the personal services rendered upon or in connection with the
merchandise constitutes 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.
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 merchandise at wholesale to dealers in such merchandise.
C.
Any person selling agricultural products which the person has grown.
D.
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 the Town and who delivers such merchandise in the
regular course of business.
E.
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.
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 merchandise.
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 Clerk proof that such charitable organization
is registered under § 440.41, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered
under § 440.41, Wis. Stats., or which is exempt from that
statute's registration requirements shall be required to register
under this chapter.
J.
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 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/she has conducted business in the market area for at
least one year prior to the date the complaint was made.
K.
Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
L.
Transient merchants while doing business at special events authorized
by the Town Board.
A.
Applicants for registration must 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 color of eyes.
(3)
Name, address and telephone number of the person, firm, association,
corporation, limited-liability company, limited-liability partnership,
family partnership or any other entity that the transient merchant
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
merchandise and any services offered.
(6)
Proposed methods of delivery of merchandise, if applicable.
(7)
Make, model and license number of any vehicle to be used by applicant
in the conduct of his/her business.
(8)
Most recent cities, villages, towns, not to exceed three, where applicant
conducted his/her business.
(9)
Place where applicant can be contacted for at least seven days after
leaving the Town.
(10)
Statement as to whether applicant has been convicted of a crime
or ordinance violation related to applicant's transient merchant
business within the last five years, and the nature of the offense
and the place of conviction.
B.
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 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
license is made.
C.
At the time the registration is returned, a fee of $20 shall be paid to the Clerk to cover the cost of processing said registration. The applicant shall sign a statement appointing the Clerk as 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 the applicant cannot, after reasonable effort, be served personally. Upon payment of said fee and the signing of said statement, the Clerk 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 § 272-5B below.
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 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 most recent 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 § 272-4B above.
Any person refused or denied registration may appeal the denial
through the appeal procedure provided by ordinance or resolution of
the Town Board; or if none has been adopted, under the provisions
of §§ 68.07 through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from:
(a)
Calling at any dwelling or other place between the hours of 9:00
p.m. and 9:00 a.m. except by appointment;
(b)
Calling at any dwelling or other place where a sign is displayed
bearing the words "No Peddlers," "No Solicitors," or words of similar
meaning;
(c)
Calling at the rear door of any dwelling place; or
(d)
Remaining on any premises after being asked to leave by the owner,
occupant or other person having authority over such premises.
(2)
A transient merchant shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or characteristics
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 the 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.
(3)
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.
(4)
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.
(5)
No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he/she is conducting business.
B.
Disclosure requirements.
(1)
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.
(2)
If any sale of merchandise is made by a transient merchant or any
offer 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.
(3)
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 guarantee or warranty
is provided and, if so, the terms thereof.
The Chief of Police shall report to the Clerk all convictions
for violation of this chapter, and the Clerk shall note any such violation
on the record of the registrant convicted.
A.
Registration may be revoked by the Town Board after notice and hearing
if the registrant made any material omission or materially inaccurate
statements in the application for registration, made any fraudulent,
false, deceptive or misleading statement or representation in the
course of engaging in transient 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 selling.
Any person adjudged in violation of any provision of this chapter
shall forfeit not less than $10 nor more than $1,000 for each violation
per day, plus costs of prosecution. Each violation shall constitute
a separate offense.
