Village of Barneveld, WI Direct Sellers

Any individual who, for himself 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 such individual, partnership, association or corporation, and shall include, but not be 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.

GOODS

Includes personal property of any kind, and shall include goods provided incidental to services offered or sold.

PERMANENT MERCHANT

A direct seller who, for at least one year prior to the consideration of the application of this chapter to such merchant:

Has continuously operated an established place of business in the Village.

Has continuously resided in this Village and now does business from his residence.

§ 119-3 Exemptions.

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

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

Any person selling goods at wholesale to dealers in such goods.

Any person selling agricultural products which such person has grown.

Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within this county and who delivers such goods in their regular course of business.

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, such person.

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.

Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods.

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.

Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of such organization, provided that there is submitted to the Clerk 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.

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

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

§ 119-4 Registration.

Applicants for registration shall complete and return to the 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)

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 and any services offered.

(6)

Proposed method of delivery of goods, if applicable.

(7)

Name, 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.

(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.

Applicants shall present to the 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 license is made.

At the time the registration is returned, the fee prescribed in § 170-1 of Chapter 170, Licenses and Permits, shall be paid to the Clerk to cover the cost of processing such registration.

(1)

The applicant shall sign a statement appointing the Clerk as his agent to accept service of process in any civil action brought against him arising out of any sale or service performed by him in connection with his direct sales activities, in the event the applicant cannot, after reasonable effort, be served personally.

(2)

Upon payment of such fee and the signing of such statement, the Clerk shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of six months from the date of entry, subject to subsequent refusal as provided in § 119-5B.

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

§ 119-5 Investigation.

Upon receipt of each application, the Clerk may refer it immediately to the Chief of Police who may make and complete an investigation of the statements made in such registration.

The 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; or the applicant failed to comply with any applicable provision of § 119-4B.

§ 119-6 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.

§ 119-7 Regulation of direct sellers.

Prohibited practices.

(1)

A direct seller shall be prohibited from calling at any dwelling or other place between 7:00 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; or 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 visit, his identity or the identity of the organization he represents. If 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. Such 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.

§ 119-8 Records.

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

§ 119-9 Revocation of registration.

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 section 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.

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.