[HISTORY: Adopted by the Common Council of the City of Lodi as § 21.011
of the City Code. Amendments noted where applicable.]
It shall be unlawful for any direct merchant to engage in direct sales
within the City of Lodi without being registered for that purpose as provided
herein.
As used in this chapter, the following terms shall have the meaning
indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting to be such.
The City Clerk.
Any individual who, for him/herself, or for a partnership, association
or corporation, sells goods, takes sales orders for the later delivery of
goods, or buys or offers to buy personal property 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, transient merchants and insurance salespersons. The sale of goods
includes donations required by the direct merchant 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. "Goods" shall also include insurance
policies of any kind.
A direct merchant who, for at least one year prior to the consideration
of the application of this chapter to said merchant, has continuously operated
an established place of business in this City or has continuously resided
in this City and now does business from his/her residence.
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 person selling agricultural products which such person
has grown.
D.
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/her regular course of business.
E.
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.
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 goods.
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 or civic
organization who engages in direct sales for or on behalf of said organization,
provided that said organization is based in the City of Lodi. For purposes
of this chapter, a charitable or civic organization is based in the City of
Lodi if the majority of its membership resides within the City, its primary
meeting place is within the City, or the majority of its charitable or civil
activities are conducted within the City.
J.
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 § 440.42, 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, unless exempted under Subsection I above.
K.
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
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.
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, and color of hair and eyes.
(3)
Name, address and telephone number of the person, firm,
association or corporation that the direct 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 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/her business.
(8)
Last cities, villages, and towns, not to exceed three,
where the applicant conducted similar business.
(9)
Place where the applicant can be contacted for at least
seven days after leaving the City.
(10)
Statement as to whether the applicant has been convicted
of any crime or ordinance violation related to applicant's direct 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, 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.
C.
At the time the registration is returned, a fee shall
be paid to the Clerk to cover the cost of processing said registration. The
fee shall be set by the Common Council by resolution.
D.
The applicant shall sign a statement appointing the Clerk
his/her agent to accept service of process in any civil action brought against
the applicant arising out of any purchase, sale or service performed by the
applicant in connection with the direct merchant activities of the applicant,
in the event the applicant cannot, after reasonable effort, be served personally.
E.
Upon payment of said fee and the signing of said statement, the Clerk shall, subject to § 156-5 below, register the applicant as a direct 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 § 156-5B below.[1]
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 may 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 the direct merchant business; or the applicant failed to comply with any applicable provision of § 156-4B above.[1]
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 §§ 68.01 through
68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A direct 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 direct merchant shall not misrepresent or make false,
deceptive or misleading statements concerning the quality, quantity or character
of any goods offered for sale, or which the merchant is offering to buy, the
purpose of his/her visit, his/her identity or the identity of the organization
he/she represents. A charitable organization direct merchant 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 merchant shall impede the free use of sidewalks
and streets by pedestrians and vehicles. Where sales or purchases are made
from vehicles, all traffic and parking regulations shall be observed.
(4)
No direct 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 direct 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 direct 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 goods or services he/she offers to sell.
(2)
If any sale of goods is made by a direct merchant, 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 merchant takes a sales order for the later
delivery of goods, 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 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 the direct merchant business, 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 the direct merchant
business.
B.
Written notice of the hearing shall be sent by certified
mail addressed to the registrant at his/her permanent address noted on his/her
registration form at least five days prior to the time set for the hearing
and a statement of the acts upon which the hearing will be based.
