[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from § 9.025
of the former Municipal Code, amended 6-24-2002, 2-28-2005 and 11-28-2005.
No transient merchant shall vend, sell or dispose of or offer
to vend, sell or dispose of goods, wares, or merchandise, produce
or any other thing at any place whatsoever within the Village of Fox
Crossing without first obtaining a permit as set forth in this chapter.
The following definitions shall apply to this chapter:
Any organization that is described in Section 501(c)(3) of
the Internal Revenue Code and that is exempt from taxation under Section
501(a) of the Internal Revenue Code.[1] A "charitable organization" is further defined as any
person, organization or business who is or purports to be established
for a charitable purpose, which includes any benevolent, educational,
philanthropic, humane, scientific, patriotic, social welfare or advocacy,
public health, environmental conservation, civic or other eleemosynary
objective.
The Village Clerk.
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 goods by a donor or perspective customer.
Any person who, for at least six months prior to the consideration
of this chapter to said merchant, has continuously operated an established
place of business in the Village of Fox Crossing or in the Fox Valley
area.
Any person who temporarily engages in the retail sale of
merchandise at any place in the Village of Fox Crossing, and who is
not or does not intend to become a permanent merchant of the Village
of Fox Crossing. "Transient merchant" includes any peddler, solicitor,
canvasser, or any other person who does or transacts any temporary
or transient business in the Village of Fox Crossing which involves
the selling of goods, wares, or merchandise, or who solicits for such
trade.
[1]
Editor's Note: See 26 U.S.C. § 501(c)(3) and 501(a),
respectively.
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 agricultural products which the person has grown.
C.
Any person who has an established place of business where the merchandise
being sold 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.
D.
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.
E.
Any employee, officer or agent of a charitable organization who engages
in direct sales for or on behalf of said organization, provided there
is proof submitted to the Village Clerk that such charitable organization
is registered under § 202.12, Wis. Stats. Any charitable
organization engaged 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.
F.
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 six months, or
purchased, the premises from which he/she has conducted business in
the Fox Valley area for at least six months prior to the date the
complaint was made.
G.
Any artists selling art objects at art fairs or art auctions.
H.
Any other exemptions pursuant to state or federal law.
Any transient merchant desiring to engage in sales of merchandise
within the Village of Fox Crossing shall be required to complete and
return to the Village Clerk a registration form furnished by the Village
Clerk which shall require the following information:
A.
Name, permanent address and telephone number, and temporary address,
if any.
B.
Age, date of birth, height, weight, color of hair and eyes, and driver's
license number of the transient merchant(s).
C.
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.
D.
Temporary address and telephone number from which business will be
conducted, if any.
E.
Nature of business to be conducted and a brief description of the
merchandise, and any services offered.
F.
Proposed methods of delivery of merchandise, if applicable.
G.
Make, model and license number of any vehicle used by applicant in
the conduct of his/her business.
H.
Most recent cities, villages, towns, or other municipalities, not
to exceed five, where applicant conducted his/her business.
I.
Place where applicant can be contacted for at least seven days after
leaving the Village of Fox Crossing.
J.
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, and the nature of the offense
and the place of conviction.
All applicants shall present to the Village Clerk for examination
the following:
A.
A driver's license or some other proof of identity as required by
the Village Clerk.
B.
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.
C.
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 certification 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 permit is
made.
D.
A State of Wisconsin seller's permit when required by state law.
At the time the permit application is returned to the Village
Clerk, a fee set forth in the Village Fee Schedule, reference this
Code section, shall be paid to the Village Clerk to cover the cost
of processing said registration. The fee amount shall be paid in the
form of a certified check, bank money order, cashiers check, or cash.
This application fee shall be nonrefundable. Any applicant who is
a member of a religious organization selling religious literature
shall be exempt from payment of the fee.
A.
Upon receipt of an application for a permit as described, the Chief
of Police shall institute such investigation of the applicant as he/she
deems necessary for the protection of the public good, and shall endorse
his/her approval or disapproval upon the application within a reasonable
time, not to exceed 10 working days after it has been filed. The Village
Clerk shall issue approved permits in accordance with such findings
after presentation by the applicant, all portions of the application
form have been fully completed, the Chief of Police has approved the
application, and the application fee (as described above) set forth
in the Village Fee Schedule, reference this Code section, has been
paid in full. Should the investigation by the Chief of Police include
a recommendation for denial, then the Village Clerk shall not approve
the permit and the applicant shall have the right to an appeal to
be heard before the Village Board at the next regularly scheduled
Village Board meeting.
B.
The Clerk shall refuse to grant a permit to any applicant if it is
determined that: the application contains any material omission or
inaccurate statement(s); complaints of a material nature have been
received against the applicant by authorities in the most recent cities,
villages and towns 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 the provisions concerning the
application of the permit or other provisions as described in this
chapter.
The applicant shall sign a statement appointing the Clerk as
his/her agent for the purpose solely 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.
Any transient merchant permit granted to any person shall be
valid for a period of 60 days from the date of entry, provided the
applicant remains in conformity with all provisions of this chapter.
Each applicant shall file a surety bond in an amount set forth
in the Village Fee Schedule, reference this Code section, to guarantee
compliance with the rules and regulations of this chapter and to remain
in compliance with all laws of this state.
The following provisions shall apply:
A.
The hours for selling any product or service at any location or dwelling
shall be between 9:00 a.m. and 7:00 p.m., except by appointment.
B.
Prohibited practices shall include 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.
C.
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/her visit,
his/her identity or the identity of the organization he/she represents.
A charitable organization transient merchant shall specifically disclose
what portion of the sale price of the 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.
D.
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.
E.
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.
F.
No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he/she is conducting business.
G.
Sale of concessions and all other goods on or about the park property is prohibited without first obtaining written permission from the Park Commission, pursuant to § 294-3C(15) of this Code.
H.
A transient merchant shall obtain a permit from the Village Clerk's
office which shall be posted in a conspicuous place during selling
hours. A name tag will be worn on his/her person for identification
purposes.
The following provisions apply:
A.
After the initial greeting and before any other statement is made
to a prospective customer, a transient merchant shall expressly disclose
his/her name, the name of the company or organization he/she is affiliated
with, if any, and the identity of merchandise or services he/she offers
to sell.
B.
If any sale of merchandise is made by a transient merchant, or any
offer 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 an amount
set forth in the Village Fee Schedule, reference this Code section,
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.
C.
If the transient merchant takes a sales order for the later delivery
of merchandise, 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 a warranty
is provided and, if so, the terms thereof.
The Police Chief shall report to the Village Clerk all convictions
for violation of this chapter, and the Village Clerk shall note any
such violation on the record of the transient merchant convicted.
Revocation of any permit granted herein shall be as follows:
A.
Any permit may be revoked by the Village of Fox Crossing Board of
Trustees after notice and hearing, if the transient merchant made
any material omission or materially inaccurate statements in the application
for permit, made any fraudulent, false, deceptive or misleading statement
or representation in the course of engaging in transient sales, violated
any provision of this chapter or was convicted of any crime or ordinance
or statutory violation which is directly related to the applicant's
fitness to engage in selling.
B.
Written notice of the hearing shall be served personally or upon
the Village Clerk (as described above) 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 adjudged in violation of any provision of this chapter shall forfeit amounts set forth in Chapter A450, Fines and Penalties, reference this Code section, for each violation per day, plus all costs of prosecution. Each violation shall constitute a separate offense. In addition, in default of the forfeiture and cost of prosecution, or either of them, such convicted person shall be committed to and confined within the county jail of Winnebago County, Wisconsin until such fine and cost of prosecution are paid, but not to exceed 60 days.
