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.
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.
DIRECT SELLER
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.
GOODS
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.
TRANSIENT MERCHANT
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:
(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 retail food permit from the County Health Department where the
applicant's business involves the handling of food.
J. Where sale of tangible personal property is involved, proof of seller's
permit, as required by § 77.52, Wis. Stats.
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.
The following activities shall be exempted from fee and bond
otherwise required by this provision:
A. Any person selling agricultural products which such person has grown.
B. Artists and craftsmen selling their own creations.
C. Hobby collectors engaging, trading, and/or selling personal collections
or portions thereof at an exhibit, exhibition, or trade show sponsored
by a permanent merchant.
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) 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."
Exhibit "A"
|
(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."
Exhibit "B"
NAME OF ORGANIZATION
ADDRESS OF ORGANIZATION
NAME OF SUPERVISOR
DATE(S) PERMIT VALID
|
(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.
(4) No direct seller shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced violates any Village noise control ordinance or Village nuisance ordinance; see Chapter
201, Noise, and Chapter
207, Nuisances, respectively.
(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.
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.