[HISTORY: Adopted by the Village Board of the Village of
Hobart as § 5.4 of the 2000 Code. Amendments noted where
applicable.]
No direct seller, as defined herein, shall engage in such business
within the Village without first obtaining a permit therefor in compliance
with the provisions of this chapter.
A.
Direct sales in conformity with application. All direct sales pursuant
to a permit issued under this chapter shall be executed in strict
conformity with the representations on the application for such permit,
including without limitation by enumeration the time, place, nature
and amount of goods involved in the permit activity. Any direct sale
activity not in conformity with the representations on the application
and the other provisions of this chapter is hereby declared a public
nuisance.[1]
B.
Duration. The duration of the direct sellers permit under this chapter
shall be as follows:
(1)
Transient merchants. All transient merchant direct sales permits
shall be effective for a period of not more than 10 days from the
date of issuance.
(2)
Other direct sales activities. All other permits for direct sale
activities shall be effective from date of issuance until December
31 of the year of the application.
C.
Processing. All applications for direct sales permits must be made
at least five days prior to the intended activity.
D.
Sponsoring merchants. Either a permanent merchant who sponsors a
transient merchant or the sponsored transient merchant shall obtain
a direct seller's permit unless the display of goods and/or any
sale therefrom are at the permanent merchant's established place
of business.
CANVASSING MERCHANT — A person who on behalf
of another person is licensed to do business in the state or other
entity licensed to do business in the state engages in direct sales
activity in the form of sale or solicitation of orders for goods or
services, by door-to-door or canvassing sales techniques.
The Village Clerk-Treasurer.
Any individual who for him/herself or for a partnership,
association, corporation, or LLC, sells goods or takes sale orders
for the later delivery of goods at any location other than the permanent
business place or residence of such individual, partnership, association,
or corporation and shall include, but not be limited to, canvassers,
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 also include
personal services offered or sold independently of, in conjunction
with, or incidental to any personal property offered or sold.
A person, corporation, or other business entity who engages
in direct sales activity in the form of the sale of goods or solicitation
of orders therefor and who does not intend to become a permanent merchant
in the Village.
An applicant for a permit under this chapter must file with
the Village Clerk-Treasurer a sworn application in writing (in duplicate)
on a form to be furnished by the Village Clerk-Treasurer which shall
give the following information:
A.
Name and description of the applicant.
B.
Address and telephone number (permanent and temporary).
C.
Description of direct sales activity including the goods to be sold,
offered, or given away, or the nature and purpose of the solicitation.
(1)
Transient merchant. Transient merchants shall be required to supply
and itemize a list of goods to be offered for sale and the retail
value thereof. Any items not so listed shall not be offered for sale
under such permit.
(2)
Canvassing merchants. Canvassing merchants shall supply an itemized
list of items to be sold directly to the public and the retail value
thereof. Any items not so listed shall not be offered for sale; where
orders are to be taken for the future delivery, an itemized list of
the items offered for sale and their retail value shall be supplied.
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(1)
Transient merchant. Transient merchants will also be required to
provide a list of all employees or other persons who will be engaged
in the direct sales activity. Such list shall include the date of
birth of any such person.
(2)
Canvassing merchants. Canvassing merchants shall be required to provide
the name of their employer together with their employer's permanent
address and a permanent address and person upon whom civil process
can be served in case of complaint concerning any merchandise sold
under a direct sales permit.
E.
The time, date, and location of the direct sales activity.
(1)
Where the applicant engages in direct sales as a transient merchant,
the applicant shall state on the application the specific time(s),
date(s), and location of said direct sales activity. Any direct sales
activity not so specified is prohibited.
(2)
Where the applicant engages in canvassing merchant or door-to-door
direct sales activities, the applicant shall state on the application
the duration of such activity and the areas to be included in the
direct sales activity.
F.
If a vehicle is to be used, a description of the same, together with
the license number or other means of identification.
G.
The last cities, villages, towns, not to exceed three, where applicant
conducted similar business.
H.
Statement as to whether applicant has been convicted of any crime
or ordinance violation related to applicant's direct sales merchant
business within the last five years; the nature of the offense and
the place of conviction.
I.
Applicants shall present to the Clerk-Treasurer for examination:
J.
Where sale of tangible personal property is involved, proof of seller's
permit, as required by § 77.52, Wis. Stats.
A.
Upon receipt of such application, the original shall be referred
to the Village Administrator, who shall cause an investigation of
all representations on said application. The Village Administrator
shall investigate the business and moral character of the applicant
as well as the time and location of the direct sales activity where
applicable. The Village Clerk-Treasurer shall not issue any permit
under this chapter until the Village Administrator has investigated
the application. The Village Administrator shall inform the Clerk-Treasurer
of the decision concerning the application within 14 days of the date
that appears on the application.
B.
If, as a result of such investigation, the Village Administrator
believes in the interest of the protection of the public good that
the applicant's character or business responsibility is unsatisfactory,
or that the time and location of the sale is likely to disturb public
peace or traffic flow, or that any representation on the application
is false, the Village Administrator shall endorse on the application
the disapproval and state the reasons for the same, and return the
application to the Village Clerk-Treasurer, who shall notify the applicant
that the application was disapproved and that no permit shall be issued.
Any person aggrieved may appeal denial of the permit within seven
days of notice to the Village Board.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Village Administrator shall endorse approval on the application and
return such application to the Village Clerk-Treasurer, who shall,
upon payment of the prescribed fee, deliver a permit to the applicant.
Such permit shall contain the signature and seal of the issuing officer,
and shall show the name, address, and photograph of the holder, the
class of permit issued, and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance, and the length of time
the same shall be operative, as well as the permit number and other
identifying description of any vehicle used in such peddling. The
Village Clerk-Treasurer shall keep a permanent record of all permits
issued.
A.
Transient merchant. Transient merchants issued a permit under this
chapter shall be required to pay a fee in an amount as set from time
to time by the Village Board.
B.
Other direct sales activity. The fee for any other direct sales activity
shall be in an amount as set from time to time by the Village Board.
The following activities shall be exempted from the 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 an established place of business for goods regularly offered
for sale by such merchant within the county, and who delivers such
goods in their regular course of business.
D.
Any person who has an established place of business where goods being
sold are offered for sale on a regular basis and in which the buyer
has initiated contact with and specifically requested the business
of said person.
E.
Any person holding a sale required by statute or order of any court
and any person conducting a bona fide auction sale pursuant to law.
A.
Except as provided at § 142-6B above, any nonprofit organization desiring to solicit money or property or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass or in public places, for a charitable, fraternal, labor, religious, patriotic, or political purposes shall be exempt from the provisions of §§ 142-1 through 142-5 and 142-15, provided there is a written application furnished by and filed with the Village Clerk-Treasurer, which shall include the following information:
(1)
Name and purpose of the cause for which permit is sought.
(2)
Names and addresses of the officers and directors of the organization.
(3)
Period during which solicitation is to be carried on.
(4)
Whether or not any commission, fees, wages, or emoluments are to
be expended in connection with such solicitation and the amount thereof.
(5)
The anticipated use of the funds collected and estimates of the amounts
to be retained at the local, state, and national level.
B.
Before approval of the special permit under this chapter, the nonprofit organization shall furnish a list of all persons who shall be canvassing, selling, or distributing in the name of the organization. Such list shall include the name and date of birth of every such person and shall be reviewed as provided at § 142-4 of this chapter.
C.
If such organization is a charitable, fraternal, labor, religious,
patriotic, or political organization, the Village Clerk-Treasurer
shall issue without charge to such organization a special permit to
solicit in the Village. Such organization shall furnish all of its
members, agents, or representatives conducting this solicitation credentials
in writing stating the name of the organization, the name of the agent,
and the purpose of the solicitation.
The following activities shall be exempted from fee and bond
otherwise required by this provision:
The Village Board, pursuant to § 61.34, Wis. Stats.,
and in the interest of promoting free enterprise and exchange of information,
informing the consuming public, and effective law enforcement, hereby
declare the direct sellers and solicitors regulations shall disclose
the name of the organization engaging in the direct sales activity.
A.
Disclosure requirements.
(1)
After the initial greeting and before any other statement is made
to a prospective customer, a direct seller shall identify himself/herself
and display the permit issued by the Clerk-Treasurer. Additionally,
the direct seller shall disclose the name of the company or organization
he/she is affiliated with, if any, and the identity of goods or services
offered for sale.
(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 the transaction if it involves the
extension of credit or is a cash transaction of more than $25, in
accordance with the procedures 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/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.
B.
Signs. All transient merchants as defined herein, shall be permitted to post signs pursuant to § 295-361 of Chapter 295, Zoning, for advertising purposes. In addition to any such advertising sign, if any, all transient merchants shall post in a conspicuous manner at least one identification sign containing only the following information, and in conformity with all of the following specifications:[1]
(1)
Specifications. The sign shall be not more than four square feet by four square feet and not less than two square feet by two square feet, having the information required by Subsection B(2) legibly printed in letters conforming to the following specifications:
(a)
All letters shall be not less than 2 1/2 inches in height.
(b)
All letters shall be not less than 1 1/4 inches in width.
(c)
All letters shall be printed in standard block style with the
letter thickness of not less than 1/4 inches.
(d)
All letters shall be in substantial conformity with the minimum
requirements displayed in Exhibit "A."
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Exhibit "A"
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(2)
Information. The identification sign shall contain only the following
information, which shall be displayed in the following order:
(a)
The name of the organization, or business entity, or person
who is issued a permit pursuant to this chapter.
(b)
The address of the organization, or business entity, or person
who is issued a permit pursuant to this chapter.
(c)
The name of the person in charge of or supervising the direct
sales activity at the particular location.
(d)
The dates which the direct sales activities have been approved.
(e)
The sign shall be in substantial compliance with the drawing
marked Exhibit "B."
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Exhibit "B"
NAME OF ORGANIZATION
ADDRESS OF ORGANIZATION
NAME OF SUPERVISOR
DATE(S) PERMIT VALID
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(3)
Identification sign required. At least one identification sign must
be posted at each place of sale. In addition to this requirement,
one identification sign shall be required for each advertising sign.
(4)
Direct seller to maintain sign. It shall be the duty of the permitted
organization, business entity, or person to post and maintain the
sign(s) in a manner in which they are easily and readily noticeable
to the general public and to post the sign in a conspicuous manner.
C.
Prohibited practices.
(1)
A direct seller shall be prohibited from:
(a)
Calling at any dwelling or other place between 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 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/her visit; his/her
identity or the identity of the organization he/she 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.
Such 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.
(5)
No direct seller shall allow rubbish or litter to accumulate in or
around the area in which he/she is conducting business.
(6)
Permits issued under this chapter are not transferable.
The Village Administrator or a designee shall report to the
Clerk-Treasurer all convictions for violation of this chapter, and
the Clerk-Treasurer shall note any such violation on the record of
the registrant convicted.
If any section, sentence, or clause of this chapter is in conflict
with any provision of or exception granted by the Wisconsin Statues,
the provisions or exceptions as set forth in the statutes shall be
controlling.
A.
Forfeiture. Any person, firm or corporation, or agent, employee or contractor of such who violates, destroys, omits, neglects or refuses to comply with, or who resists enforcement of any provision of this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-3. Each violation and each day of violation shall constitute a separate offense. this chapter shall not preclude the Village of Hobart from maintaining any appropriate action to prevent or remove a violation of this chapter.[1]
B.
Revocation.
(1)
The permit of a direct seller 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.
(2)
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.
(3)
Appeal shall be by writ of certiorari to the Circuit Court.
The Village Board hereby designates the Village Board as the
hearing and review body on all matters arising pursuant to this chapter.
Appeal from the decision of the Village Board shall be by writ of
certiorari to the Circuit Court.
No direct seller, as defined herein, shall engage in such business
upon any public property within the Village without first obtaining
permission to engage in such business from the Village Administrator,
or other appropriate committee, agency, or commission as circumstances
dealing with such sales activity upon public property dictate.
A.
Appointment of Clerk-Treasurer as attorney. Before receiving a permit
under this chapter, the applicant shall appoint in writing the Village
Clerk-Treasurer as such person's attorney-in-fact to accept service
of process in any action commenced against the applicant arising out
of any direct sales activity under this chapter. Such action shall
be brought in Brown County, Wisconsin.
B.
Bond. Any transient merchant, before being entitled to a permit under
this chapter, shall post a corporate surety or cash bond with the
Village Clerk-Treasurer. The surety shall be approved of by the Clerk-Treasurer
and the aggregate liability of the surety for all losses shall in
no event exceed the face amount of the bond. The bond or surety shall
be conditioned upon compliance with this chapter and on compliance
with all material, oral or written statements, and representations
made by or in behalf of the direct seller with reference to the merchandise
sold or offered for sale or the faithful performance under all warranties
made with reference thereto. The bond shall be effective for one year
after the date of issuance. In the event that the bond is a corporate
surety bond, the amount thereof shall be equal or exceed the total
amount of inventory listed in the application. If the surety is in
the form of cash bond, it shall be 10% of the amount indicated as
the total amount of inventory.
A.
Purpose. It is hereby determined and declared that the use of certain
public premises for the specific public purposes to which such premises
are intended is preeminent. It is further determined and declared
that sales on the designated public premises interfere with their
use for their intended purposes.
B.
Regulations.
(1)
It shall be unlawful for any person, without permission of the organization
sponsoring the event, to sell or offer for sale any goods, merchandise,
foodstuffs, tickets or any other articles of any kind on public premises
reserved for special events. Direct seller permits issued under this
chapter are not valid on public premises reserved for special events.[1]
(2)
For purposes of this chapter "special events" are as designated from
time to time by the Village Board.
(3)
The boundaries of each public premises reserved for "special events"
shall be designated or rescinded by resolution.
(4)
The Village may review, investigate, and disapprove any vendor approved
for a "special event" subject to the standards set forth in this chapter.
C.
Appeal procedure. Any person denied permission to sell or offer for
sale any goods, merchandise, foodstuffs, tickets, or any other article
of any kind on public premises reserved for "special events" may appeal
the denial to the Village Board.
