[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 7, Ch. 4, of the Benton Code of Ordinances. Amendments
noted where applicable.]
It shall be unlawful for any transient merchant to engage in
direct sales within the Village of Benton 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, religious, patriotic
or eleemosynary person, partnership, association or corporation, or
one purporting to be such, including, for example, Boy Scouts, Girl
Scouts, 4-H Clubs and school organizations.
The Village of Benton Clerk-Treasurer or Assistant Clerk-Treasurer.
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 merchandise 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:
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.
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. The
term shall include, but not be limited to, peddlers, solicitors and
transient merchants. The sale of goods includes donations required
by the transient merchant for the retention of goods by a donor or
prospective customer. 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 Wisconsin 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 their
regular course of business;
E.
Any person who has an established place of business where the merchandise
being sold or 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 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
indirect sales for or on behalf of said organization, provided that
there is submitted to the Village Clerk-Treasurer 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 Village Clerk-Treasurer that such person
is a transient merchant, provided that there is submitted to the Village
Clerk-Treasurer proof that such person has leased for at least one
year, or purchased, the premises from which he/she is conducting business,
or proof that such person has conducted such business in this Village
for at least one year prior to the date complaint was made;
K.
Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats;
L.
This chapter does not apply to transient merchants while doing business
at special events authorized by the Village Board;
M.
Minors under 18 years of age who are residents of the Village.
A.
Registration information. Applicants for registration must complete
and return to the Village Clerk-Treasurer a registration form furnished
by the Village 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 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 offered 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/her business;
(8)
Last cities, villages, towns, not to exceed three, where applicant
conducted similar business just prior to making this registration;
(9)
Place where applicant can be contacted for at least seven days after
leaving this Village;
(10)
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.
Identification and certification. Applicants shall present to the
Village 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 applicant's business requires use
of weighing and measuring devices approved by state authorities;
(3)
A state health officer's certificate where applicant's
business involves the handling of food or clothing and is required
to be certified under state law; such certificate to state that 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.
Registration fee.
(1)
At the time of filing applications, an application processing fee as prescribed in § 173-1, Fee schedule, shall be paid to the Village Clerk-Treasurer to cover the cost of investigation of the facts stated in the applications and for processing said registration. Every member of a group must file a separate registration form.
(2)
The applicant shall sign a statement appointing the Village Clerk-Treasurer
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.
(4)
Upon payment of said fees and the signing of said statement, the Village Clerk-Treasurer 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 § 297-5B below.
A.
Upon receipt of each application, the Village Clerk-Treasurer shall
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 Village Clerk-Treasurer shall refuse to register the applicant
and issue a permit if it is determined, pursuant to the investigation
above, that:
(1)
The
application contains any material omission or materially inaccurate
statement;
(2)
Complaints
of a material nature have been received against the applicant by authorities
in the last cities, villages and towns, in which the applicant conducted
similar business;
(3)
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
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Village
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 8:00 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 character
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 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
sales order 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 Police Department shall report to the Village Clerk-Treasurer
all convictions for violations of this chapter and the Village Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
A.
Registration may be revoked by the Village Board 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.
