[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as §§ 12.11 and 12.35
of the 1993 Code. Amendments noted where applicable.]
No transient merchant shall engage in sales within the City
without being licensed for that purpose as provided for in this chapter.
For the purposes of this chapter, the following words and phrases
shall be as defined below:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be.
The City 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 six months prior to the consideration
of the application of this chapter to such merchant, has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his residence.
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
constitute 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 this county and who delivers such merchandise in his
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 such 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 the organization, provided that
there is submitted to the Clerk proof that the charitable organization
is registered under § 202.12, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered
under § 202.12, Wis. Stats., or which is exempt from that
statute's registration requirements, shall be required to be
licensed as provided for in this chapter.[1]
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
the person has leased for at least one year or purchased the premises
from which he 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.
A.
Applicants for license must complete and return to the Clerk a license
application form furnished by the Clerk which shall require the following
information:
[Amended 4-24-2014 by Ord. No. 3544]
(1)
Name, permanent address, telephone number and temporary address,
if any.
(2)
Age, height, weight, and color of hair and eyes.
(3)
Name, address and telephone number of the person, firm, association
or corporation that the transient merchant 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
merchandise and any services offered.
(6)
Proposed method 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 business.
(8)
Most recent cities, villages, and towns, not to exceed three, where
applicant conducted his business.
(9)
Place where applicant can be contacted for at least seven days after
leaving the City.
(10)
Statement as to whether 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.
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. The 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 license is made.
C.
At the time the license is issued, a fee as set by resolution of
the City Council shall be paid to the Clerk to cover the cost of processing
such license.
[Amended 4-24-2014 by Ord. No. 3544]
D.
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 him in connection
with the direct sales activities of the applicant in the event the
applicant cannot, after reasonable effort, be served personally.
E.
Upon payment of the fee and the signing of the statement, the Clerk shall issue a license to the applicant as a transient merchant and date the entry. The license shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in § 602-5B below.
[Amended 4-24-2014 by Ord. No. 3544]
[Amended 4-24-2014 by Ord. No. 3544]
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 application.
B.
The Clerk shall refuse to issue a license to 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, a 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 § 602-4B above.
[Amended 4-24-2014 by Ord. No. 3544]
Any person refused or denied a license may appeal the denial
through any appeal procedure provided by ordinance or resolution of
the City Council 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 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.
(2)
A transient merchant shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or character
of any merchandise offered for sale, the purpose of his visit, his
identity or the identity of the organization he 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.
Such 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 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 name, the name of the company or organization he is affiliated
with, if any, and the identity of merchandise or services he 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 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 § 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 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 Clerk all convictions
for violation of this chapter, and the Clerk shall note any such violation
on the record of the licensee convicted.
A.
A license may be revoked by the City Council, after notice and hearing,
if the licensee made any material omission or materially inaccurate
statement in the application for license, 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, ordinance or statutory violation which
is directly related to the licensee's fitness to engage in selling.
In addition to the suspension or revocation of any license issued under this chapter, and except where otherwise specifically provided, any person found to be in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
