[HISTORY: Adopted by the Village Board of the Village of
Grafton as Ord. No. A-434-83, 1983 (Title 5, Ch. 5.24, of the 1979 Code). Amendments
noted where applicable.]
It is unlawful to engage in direct sales within the Village
without being registered for that purpose as provided in this chapter.
[Added by Ord. No. A-501-87, 1987; amended at time of adoption of Code (see Ch. 1.01,
Code Adoption)]
Chapter ATCP 127, Wis. Adm. Code, relating to home solicitation
selling, is adopted and by reference made a part of this chapter with
the same force and effect as though set out in full. Failure to comply
with any of the provisions of such regulations shall constitute a
violation of this chapter, punishable according to the penalties provided
in this chapter. A copy of Ch. ATCP 127, Wis. Adm. Code, shall be
on file in the office of the Village Clerk.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The Village Chief of Police or his duly appointed officer.
Any individual who, for himself/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 includes, but is not 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.
Includes personal property of any kind and includes goods
provided incidental to services offered or sold.
A direct seller who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
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;
D.
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;
E.
Any person who has had, or one who represents a company which has
had, a prior business transaction, such as a prior sale or credit
arrangement, with the prospective customer;
F.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods;
G.
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;
H.
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 Chief of Police proof that such charitable
organization is registered under § 202.12, Wis. Stats. Any
charitable organization not registered under § 202.12, Wis.
Stats., or which is exempt from that statute's registration requirements,
shall be required to register under this chapter.[2]
[2]
Editor's Note: Original Subsection J, pertaining to complaints
made against person claiming to be a permanent merchant, which immediately
followed this subsection, was repealed 10-17-2016 by Ord. No. 018-2016.
A.
Applicants for registration must complete and return to the Chief
of Police a registration form furnished by the Chief of Police, 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 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, 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 this Village;
10.
Statement as to whether the applicant has been convicted of
any crime or ordinance violation related to the applicant's transient
merchant business within the last five years; the nature of the offense
and the place of the conviction.
B.
Applicants shall present 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 license is made.
C.
Fee and statement.
1.
At the time the registration is returned, a fee of $15 shall be paid
to the Chief of Police to cover the cost of processing the registration.
Employees of permanent merchants are exempt from the registration
fees.
[Amended by Ord. No. 018, Series 2003; 10-17-2016 by Ord. No. 018-2016]
2.
The applicant shall sign a statement appointing the Chief of Police
or his 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.
A.
Upon receipt of each application, the Chief of Police shall make
and complete an investigation of the statements made in such registration.
B.
The Chief of Police shall refuse to register the applicant 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, not exceeding
three, 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
[Amended 10-17-2016 by Ord. No. 018-2016]
In addition to the permit fee, a charge of $5 shall be made
to the successful applicant for an identification card to be issued
by the Chief of Police. The identification card shall have affixed
to it a photograph of the applicant. No license or identification
card shall be used by any person other than the one to whom it was
issued. Such identification card shall be carried at all times by
the registrant to whom issued when engaged in direct sales activities
and shall be exhibited whenever requested to do so by any person solicited
or any police officer. The identification card shall be valid for
the same period as the permit. Employees of permanent merchants are
exempt from the identification card fee.
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.
Hours of operation for calling at any dwelling or other place will
be 10:00 a.m. to 6:00 p.m., except by appointment;
[Amended by Ord. No. 015, Series 2010]
1.
Prohibited acts:
a.
Calling at any dwelling or other place where a sign is displayed
bearing the words "No Peddlers," "No Solicitors," or words of similar
meaning;
b.
Calling at the rear door of any dwelling place;
c.
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.
Said 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 is capable of being
plainly heard outside a one-hundred-foot radius of the source.
5.
No direct seller 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 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 seller, or any sales for
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 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 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 keep a record of all convictions for
violations of this chapter and 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.
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 chapter
shall forfeit not less than $10 nor more than $100 for each violation
plus costs of prosecution. Each violation shall constitute a separate
offense.