[Adopted 6-6-1995 by Ord. No. 712A (Title 3, Ch. 2, of the 2009 Code of Ordinances)]
It shall be unlawful for any direct seller or solicitor to engage in direct sales or solicitation within the City of Lake Mills without being registered for the purpose as provided herein, or for such person to engage in direct sales or solicitation in a manner contrary to the regulations set forth herein.
As used in this article, the following terms shall have the meanings indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.
CLERK
The City Clerk.
DIRECT SELLER
Any individual who, for him/herself or for a partnership, association, or corporation, sells goods, or takes sales orders for the later delivery of goods, 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 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 include goods provided incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller who, for at least one year prior to the consideration of the application of this article 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.
SOLICITATION
The act or practice of soliciting, whether or not the person soliciting receives any contribution. "Solicitation" includes, but is not limited to, the sale of, or offer or attempt to sell, a membership or any tangible item in connection with any request for financial support for a charitable or nonprofit organization or purpose.
SOLICITOR
Any individual who, for him/herself or for a partnership, association or corporation requests, directly or indirectly, a contribution and states or implies that the contribution will be used for a charitable purpose or will benefit a charitable or nonprofit organization.
A. 
The following shall be exempt from all provisions of this article:
(1) 
Any person delivering newspapers, fuel, dairy products, bakery goods or similar items to regular customers on established routes;
(2) 
Any person selling goods at wholesale to dealers in such goods;
(3) 
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 their regular course of business;
(4) 
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.
B. 
The following shall be exempt from the registration requirements of this article:
(1) 
Any person selling agricultural products which such person has grown;
(2) 
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 § 202.12, Wis. Stats., or is exempt under § 202.12(5), Wis. Stats., from such registration.
(3) 
Any person issued a statewide peddler's license for ex-soldiers under § 440.51, Wis. Stats.
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, color of hair and eyes;
(3) 
Name, address and telephone number of the person, firm, association or corporation that the direct seller or solicitor 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 applicant in the conduct of his/her business;
(8) 
Last cities, villages, towns, not to exceed three, where applicant conducted similar business or solicitations;
(9) 
Place where applicant can be contacted for at least seven days after leaving this City;
(10) 
Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business or solicitations within the last five years; the nature of the offense(s) and the place of conviction(s).
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 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.
A. 
At the time the registration is returned, a fee of $20 shall be paid to the Clerk to cover the cost of processing said registration.
B. 
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 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.
C. 
Upon payment of said fee and the signing of said statement, the Clerk shall register the applicant as a direct seller or solicitor 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 § 445-6B below.
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 shall 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 direct selling or solicitation; or the applicant failed to comply with any applicable provision of § 445-4B above.
Any person denied registration may appeal the denial through the appeal procedure provided under the provisions of §§ 68.07 through 68.16, Wis. Stats.
A. 
Prohibited practices.
(1) 
A direct seller or solicitor shall be prohibited from: calling at any dwelling or other place between 1/2 hour after sunset 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 seller or solicitor 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. Said portion shall be expressed as a percentage of the sale price of the goods.
(3) 
No direct seller or solicitor shall impede the free use of sidewalks and streets by pedestrians and vehicles. No sales may be conducted in the public right-of-way, including streets, tree lawns, sidewalks, and public parking lots, unless otherwise permitted during the public market under a license granted to the Main Street Program, and then only if specifically authorized in the license.
[Amended 5-20-2008 by Ord. No. 1031]
(4) 
No direct seller or solicitor shall make any loud noises, or use any sound-amplifying device to attract customers in any public place in the City.
(5) 
No direct seller or solicitor 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 seller or solicitor 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 or memberships he/she offers to sell.
(2) 
If any sale of goods or memberships is made by a direct seller or solicitor, 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), (3) and (3m), 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.
The Chief of Police shall report to the Clerk all convictions for violation of this article and the Clerk shall note any such violation on the record of the registrant convicted.
A. 
Registration may be revoked by the City 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 direct sales, violated any provision of this article 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 or soliciting.
B. 
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.
Any person convicted of violating any provisions of this article shall forfeit not less than $10 nor more than $100 for each violation plus costs of prosecution. Each violation shall constitute a separate offense.