Village of Footville, WI Direct Sellers

It shall be unlawful for any transient merchant, direct seller or charitable solicitor to engage in direct sales or solicitation activities within the Village of Footville without being registered for that purpose as provided herein.

§ 120-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHARITABLE ORGANIZATION

Any benevolent, philanthropic, patriotic or charitable person, partnership, association or corporation, or one purporting to be such.

CLERK

The Village of Footville Clerk.

MERCHANDISE

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.

PERMANENT MERCHANT

Any person who, for at least one year prior to the consideration of the application of this chapter to said merchant:

Has continuously operated an established place of business in the local trade area among the communities bordering the place of sale; or

Has continuously resided in the local trade area among the communities bordering the place of sale and now does business from his residence.

PERSON

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.

SOLICITOR

Any person engaged in direct solicitation who:

Seeks donations of money or other contributions of items of value for an organization or cause; or

Sells items on behalf of an organization or cause but asks for a contribution of greater value than the item being sold.

TRANSIENT MERCHANT

Any individual who engages in the retail sale of merchandise at any place in this state temporarily, and who does not intend to become a permanent merchant of such place. 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. For purposes of this chapter, the term "transient merchant" shall include direct sellers and solicitors seeking donations or funds for an organization, unless excepted.

§ 120-3 Exemptions.

The following shall be exempt from all provisions of this chapter:

Regular delivery routes. Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;

Wholesalers. Any person selling merchandise at wholesale to dealers in such merchandise;

Agricultural products. Any person selling agricultural produce (both on private or public property);

Deliveries by permanent merchants. 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;

Requested home visits. Any person who has an established place of business where the merchandise 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;

Prior sales transactions. 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;

Services not offering merchandise. Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise;

Auctions; sales authorized by statute. 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;

Charitable organizations; limited exemption. Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of said organization shall be exempt from fees imposed by this chapter, provided that there is submitted to the Village Clerk proof that such charitable organization is registered under § 202.12, Wis. Stats., and the charitable solicitors register with the Village under this chapter. 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.

Alleged transient merchants. Any person who claims to be a permanent merchant, but against whom complaint has been made to the Village Clerk that such person is a transient merchant, provided that there is submitted to the Village 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 business in this Village for at least one year prior to the date complaint was made.

Persons licensed by examining boards. Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.

Resident minors. Minors under the age of 18 who are residents of the Footville Area School District.

§ 120-4 Registration.

Registration information. Applicants for registration must complete and return to the Village 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)

Height, weight, color of hair and eyes, and date of birth;

(3)

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)

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 merchandise offered;

(6)

Proposed method of delivery of merchandise, if applicable;

(7)

Make, model and license number of any vehicle to be used by applicant in the conduct of his business;

(8)

Last cities, villages, towns, not to exceed three, where applicant conducted similar business just prior to making this registration.

(9)

Place where applicant can be contacted for at least seven days after leaving this Village;

(10)

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;

(11)

Description of physical location within the Village where the applicant will be setting up a sales booth, sales table or display of merchandise for sale together with name and address of the landlord renting the space for said booth, sales table or display of merchandise.

Identification and certification. Applicants shall present to the Village 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 registration is made.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Registration fee.

(1)

At the time of filing applications, a $25 fee shall be paid to the Village 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. Each applicant shall pay a $25 registration fee, plus the then-current CIB investigation fee.

(2)

Upon payment of said fee and the filing of the application for transient merchant registration, the Village Clerk shall register the applicant as a transient merchant and issue a certificate of registration to the applicant. Said registration shall be valid for a period of one day, subject to subsequent refusal as provided in § 120-5B below, with the valid date to be set forth on the certificate of registration. If a second or subsequent valid date or dates are requested, a new application and fee are required for each day requested. The transient merchant registration certificate must be prominently displayed at any sales table, booth or location within the Village where the applicant intends to locate a merchandise sale location, or be carried on the person of a transient merchant while engaged in transient merchant sales in the Village.

Solicitors. Solicitors of funds or donations for charitable organizations shall comply with all disclosure and registration requirements above, but shall be exempt from the $25 registration fee; such applicants, however, shall each pay the current CIB fee.

§ 120-5 Investigation.

Upon receipt of each application, the Village Clerk may refer it immediately to the Police Department for an investigation of the statements made in such registration, said investigation to be completed within five days from the time of referral. (Note: This waiting period is necessary in order to complete the investigation process.)

The Village 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; the applicant failed to comply with any applicable provision of § 120-4B above; or the applicant had a previous registration revoked pursuant to § 120-9 below.

§ 120-6 Appeal.

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.

§ 120-7 Regulation of transient merchants; sales from private property.

Prohibited practices.

(1)

Sales prohibited. A transient merchant shall be prohibited from calling at any dwelling or other place on Sundays or holidays or between the hours of 9:00 p.m. 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," 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)

Misrepresentation. A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or characteristics 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)

Use of public property; sales from private property. No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Without express approval from the Village Board, sales activities shall not be conducted from a public right-of-way or public parking lot. Sale of items from private property shall only be as permitted by Chapter 370, Zoning. Other than for occasional garage sales, any person engaged in temporary sales activity from private property shall be required to first register as required by §§ 120-4 and 120-5; included in, but not limited to, such regulated activities are sales of Christmas trees, food products, fireworks, art works and sports paraphernalia.

(4)

Noise. 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)

Refuse. No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he is conducting business.

Disclosure requirements.

(1)

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)

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)

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.

§ 120-8 Records.

The Police Department shall report to the Village Clerk all convictions for violations of this chapter and the Village Clerk shall note any such violation on the record of the registrant convicted.

§ 120-9 Revocation of registration.

Registration may be revoked by a Village law enforcement officer or Village Clerk 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.

Provided a written request is filed with the Village Clerk within 10 days of such revocation, an appeals hearing shall be held before the Village Board or committee thereof. Written notice of the hearing shall be served personally or by certified mail to the applicant at the address furnished in the applicant's registration application or written request at least 72 hours prior to the time set for the hearing; such notice contain the time and place of hearing and a statement of the acts upon which the hearing will be based.

§ 120-10 Special requirements for annual Footville Village-Wide Rummage Sale.

Transient merchants who intend to engage in direct sales or solicitation activities within the Village of Footville for the annual Footville Village-Wide Rummage Sale held on the last Saturday in April, annually, must file an application for a transient merchant registration by not later than the first Saturday of April. Any application not filed with the Village Clerk by the first Saturday in April will be denied registration for the annual Footville Village-Wide Rummage Sale for the last Saturday of April of that year.

§ 120-11 Prohibited merchandise.

The following articles are prohibited for sale, exchange, trade or barter within the Village of Footville for the annual Footville Village-Wide Rummage Sale: firearms, weapons, knives, fire bombs, cigarette lighters, stink bombs, paint blasters, paint balls, paint guns, pellet guns, snap pops, poppers, explosive devices of any type, pornography or drug-related items.

§ 120-12 Violations and penalties.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Violations of this chapter shall be subject to the penalties provided in § 1-4, Penalties.