[HISTORY: Adopted by the Mayor and Common Council of the City of Reedsburg 1-9-2012 (Sec. 12.02 of the former Municipal Codebook). Amendments noted where applicable.]
It shall be unlawful for any transient merchant to engage in sales within the City of Reedsburg without being registered for that purpose as provided herein.
In this chapter:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation or one purporting to be such.
CLERK
The City Clerk-Treasurer.
MERCHANDISE
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 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:
A. 
Has continuously operated an established place of business in the local trade area along the communities bordering the place of sale;
B. 
Has continuously resided in the local trade area among the communities bordering the place of sale and now does business from his/her residence.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise at any place in the City of Reedsburg temporarily, and who does not intend to become and does not become a permanent merchant of such place. For purposes of this chapter, sale of 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 sale of produce or other perishable products at retail or wholesale by a resident of this state.
[Amended 3-25-2013]
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 merchandise at wholesale to dealers in such merchandise;
C. 
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;
D. 
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;
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 merchandise;
G. 
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-Treasurer 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;
H. 
Any person who claims to be a permanent merchant, but against whom complaint has been made to the Clerk-Treasurer that such person is a transient merchant, provided that there is submitted to the Clerk-Treasurer proof that such person has leased for at least one year or purchased the premises from which he/she has conducted business in the market area for at least one year prior to the date the complaint was made;
I. 
Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.;
J. 
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;
K. 
Transient merchants while doing business at special events authorized by the Common Council;
L. 
Any group sales authorized by the Common Council; and
M. 
Any resident holding a garage sale of personal property on premises.
A. 
Applicants for registration must complete and return to the Clerk-Treasurer 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 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 and any services offered;
(6) 
Proposed methods of delivery of merchandise, 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) 
Most recent cities, villages, towns, not to exceed three, where the applicant conducted his/her business;
(9) 
Place where the applicant can be contacted for at least seven days after leaving this City;
(10) 
Statement as to whether the applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last five years and the nature of the offense and the place of conviction.
B. 
Applicants shall present to the Clerk-Treasurer 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 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 license is made.
C. 
At the time the registration is returned, a fee as set from time to time by the Common Council shall be paid to the Clerk-Treasurer to cover the cost of processing said registration. The applicant shall sign a statement appointing the Clerk-Treasurer as 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. Upon payment of said fee and the signing of said statement, the Clerk-Treasurer shall register the applicant as a transient merchant 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 § 577-5B below.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Upon receipt of each application, the Clerk-Treasurer 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-Treasurer 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 most recent 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 § 577-4B above.
Any person refused or denied registration may appeal the denial through the appeal procedure provided by ordinance or resolution of the Common Council, or if none has been adopted, under the provisions of §§ 68.07 through 68.16, Wis. Stats.
A. 
Prohibited practices.
(1) 
A transient merchant shall be prohibited from calling at any dwelling or other place 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," "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 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.
(3) 
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) 
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 100-foot radius of the source.
(5) 
No transient merchant 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 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.
(2) 
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 $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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
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 warranty is provided and, if so, the terms thereof.
The Chief of Police shall report to the Clerk-Treasurer all convictions for violation of this chapter, and the Clerk-Treasurer shall note any such violation on the record of the registrant convicted.
A. 
Licenses issued hereunder may be revoked by the Council after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or incorrect statement contained in the application for license.
(2) 
Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, transient merchant, itinerant merchant or itinerant vendor.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor.
(5) 
Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given by the City Clerk-Treasurer, in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Chief of Police or the City Clerk-Treasurer in the denial of a permit or license may appeal to the Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given at the appeal and in the same manner as provided in § 577-9B for notice of hearing on revocation.
No licensee whose license has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous revocation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No license shall be issued for a longer period than one year. All annual licenses issued hereunder shall expire at midnight on December 31 in the year when issued. Other than annual licenses, all other licenses shall expire at midnight on the date specified in the license.