[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 7, Ch. 4, of the 1996 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any benevolent, philanthropic, religious, patriotic
or eleemosynary person, partnership, association or corporation, or
one purporting to be such, including, for example, Boy Scouts, Girl
Scouts, 4-H Clubs and school organizations.
The Town Clerk of the Town of Koshkonong, or his designee.
Includes personal property of any kind, and shall include
merchandise, goods, or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of merchandise by a donor or prospective
customer.
Any person who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily, and who does not intend to
become and does not become a permanent merchant of such place. The
term shall include, but not be limited to, peddlers, solicitors and
transient merchants. The sale of goods includes donations required
by the transient merchant for the retention of goods by a donor or
prospective customer. For purposes of this section, sale of merchandise
includes a sale in which the personal services rendered upon or in
connection with the merchandise constitutes the greatest part of value
for the price received, but does not include a farm auction sale conducted
by or for a resident farmer of personal property used on the farm,
or the sale of produce or other perishable products at retail or wholesale
by a resident of the State of Wisconsin.
It shall be unlawful for any transient merchant to engage in
direct sales within the Town of Koshkonong without being registered
for that purpose as provided herein.
The following shall be exempt from all provisions of this chapter:
A.Â
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes;
B.Â
Any person selling merchandise at wholesale to dealers in such merchandise;
C.Â
Any person selling Wisconsin agricultural products which the person
has grown;
D.Â
Any permanent merchant or employee thereof who takes orders at the
home of the buyer for merchandise regularly offered for sale by such
merchant within this county and who delivers such merchandise in their
regular course of business;
E.Â
Any person who has an established place of business where the merchandise
being sold or is 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.Â
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;
G.Â
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.Â
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 Town Clerk proof that such charitable organization
is registered under § 202.12, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and 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.
I.Â
Any person who claims to be a permanent merchant, but against whom
complaint has been made to the Town Clerk that such person is a transient
merchant, provided that there is submitted to the Town 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 within a five mile radius of the
Town for at least one year prior to the date complaint was made.
J.Â
Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
K.Â
This chapter does not apply to transient merchants while doing business
at special events authorized by the Town Board.
L.Â
Minors under 18 years of age who are residents of the school district(s)
in the Town.
A.Â
Registration information. Applicants for registration must complete
and return to the Town Clerk a registration form furnished by the
Clerk which shall require the following information:
(1)Â
Name, permanent address and telephone number, and temporary address,
if any;
(2)Â
Height, weight, color of hair and eyes, and date of birth;
(3)Â
Name, address and telephone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by, or whose merchandise is being sold;
(4)Â
Temporary address and telephone number from which business will be
conducted, if any;
(5)Â
Nature of business to be conducted and a brief description of the
merchandise offered and any services offered;
(6)Â
Proposed method of delivery of merchandise, if applicable;
(7)Â
Make, model and license number of any vehicle to be used by applicant
in the conduct of his business;
(8)Â
Last cities, villages, towns, not to exceed three, where applicant
conducted similar business just prior to making this registration.
(9)Â
Place where applicant can be contacted for at least seven days after
leaving this Town;
(10)Â
Statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's transient
merchant business within the last five years, the nature of the offense
and the place of conviction.
B.Â
Identification and certification. Applicants shall present to the
Town Clerk for examination:
(1)Â
A driver's license or some other proof of identity as may be
reasonably required;
(2)Â
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)Â
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.
C.Â
Registration and investigation fee.
(1)Â
At the time of filing applications, a registration fee as provided
in the Town Fee Schedule shall be paid to the Town Clerk to cover
the cost of investigation of the facts stated in the applications
and for processing said registration. Every member of a group must
file a separate registration form.
[Amended 3-13-2019 by Ord. No. 1]
(2)Â
The applicant shall sign a statement appointing the Town Clerk 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.
D.Â
License; fees. Except as provided by § 503-3, no person shall conduct any activity as a transient merchant without a license. Every applicant for a license shall pay a license fee as follows:
(1)Â
Annual license. The fee for an annual license shall be per Fee Schedule
which shall be paid to the Town Clerk. Such license shall be for a
calendar year and shall expire on December 31 following its issuance,
provided however, that the fee shall be 1/2 of the amount stipulated
for a calendar year if it is issued on or after July 1 of any year.
[Amended 3-13-2019 by Ord. No. 1]
(2)Â
Daily license. The daily license fee shall be $5 per day which shall
be paid to the Town Clerk. The license shall set forth the exact days
on which such business may be carried out.
A.Â
Upon receipt of each application, the Town Clerk may refer it to
the Sheriff's Department, or other appropriate law enforcement
agency, for an investigation of the statements made in such registration,
said investigation to be completed within seven days from the time
of referral.
B.Â
The Town Clerk shall refuse to register the applicant and issue a license 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 the applicant failed to comply with any applicable provision of § 503-4B above.
[Amended 3-13-2019 by Ord. No. 1]
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Town
Board or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
A.Â
Prohibited practices.
(1)Â
A transient merchant shall be prohibited from: calling at any dwelling
or other place between the hours of 9:00 p.m. and 8:00 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)Â
A transient merchant shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or character
of any merchandise offered for sale, the purpose of his visit, his
identity or the identity of the organization he represents. A charitable
organization transient merchant shall specifically disclose what portion
of the sale price of merchandise 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 merchandise.
(3)Â
No transient merchant 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)Â
No transient 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)Â
No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he is conducting business.
B.Â
Disclosure requirements.
(1)Â
After the initial greeting and before any other statement is made
to a prospective customer, a transient merchant shall expressly disclose
his name, the name of the company or organization he is affiliated
with, if any, and the identity of merchandise or services he offers
to sell.
(2)Â
If any sale of merchandise is made by a transient merchant or any
sales order for the later delivery of merchandise 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)Â
If the transient merchant takes a sales order for the later delivery
of merchandise, he 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.
A.Â
Registration may be revoked by the Town 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.
[Added 3-13-2019 by Ord.
No. 1]
Violations of this chapter shall be subject to the penalty provided in § 1-3, General penalty.