[Code 1993, § 12.04(2)]
(a)
CHARITABLE ORGANIZATION
DIRECT SELLER
GOODS
PERMANENT MERCHANT
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation.
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.
Includes personal property of any kind and goods provided
incidental to services offered or sold.
A direct seller who, for at least one-year prior to the consideration
of the application of this article to such merchant, has:
[Code 1993, § 12.04(1)]
No direct seller shall engage in direct sales within the Village
without being registered for such purpose as provided in this article.
[Code 1993, § 12.04(3)]
(a)
The following shall be exempt from all provisions of this article:
(1)
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
(2)
Any person selling goods at wholesale to dealers in such goods.
(3)
Any person selling agricultural products which he has grown.
(4)
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 the county and who delivers such
goods in his regular course of business.
(5)
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.
(6)
Any person who has had, or who represents a company which has
had, a prior business transaction, such as a prior sale or credit
arrangement, with the prospective customer.
(7)
Any person selling, or offering for sale, a service unconnected
with the sale, or offering for sale, of goods.
(8)
Any person holding a sale required by statute or order of any
court and any person conducting a bona fide auction sale pursuant
to law.
(9)
Any employee, officer or agent of a charitable organization
who engages in direct sales for, or on behalf of, such organization,
provided that proof is submitted to the Clerk-Treasurer that such
charitable organization is registered under Wis. Stats. § 440.42.
Any charitable organization not registered under Wis. Stats. § 440.42,
or which is exempt from such statute's registration requirements,
shall be required to register under this article.
(10)
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 proof is submitted to the Clerk-Treasurer
that such person has leased for at least one-year or purchased the
premises from which he is conducting business, or proof that such
person has conducted such business in the Village for at least one-year
prior to the date the complaint was made.
(11)
Any person who is the agent, officer or employee of a registrant
under this section only if the person is not engaged in door-to-door
solicitation and the Clerk-Treasurer determines that the provisions
of this section are not offended by granting an exemption.
[Added 11-11-2019 by Ord.
No. 28-2019]
[Code 1993, § 12.04(4)]
(a)
Applicants for registration must complete and return to the Clerk-Treasurer
a registration form furnished by the Clerk-Treasurer, which shall
require the following information:
(1)
Applicant's name, permanent address, telephone number and temporary
address, if any.
(2)
Applicant's age, height, weight, and color of hair and eyes.
(3)
Name, address and telephone number of the person 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
the applicant in the conduct of his business.
(8)
Last cities, Villages, towns, not to exceed three, where the
applicant conducted a similar business.
(9)
Place where the applicant can be contacted for at least seven
days after leaving the Village.
(10)
Statement as to whether the applicant has been convicted, within
the last five years, of any crime or ordinance violation related to
the applicant's transient merchant business; the nature of the offense;
and the place of conviction.
(b)
The applicant shall present the following 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 when the applicant's business requires the
use of weighing and measuring devices approved by state authorities.
(3)
A state Health Officer's certificate when applicant's business
involves the handling of food or clothing and is required to be certified
under law, and such certificate shall state that the applicant is
apparently free from any contagious or infectious disease, and dated
not more than 90 days prior to the date the application for license
is made.
(c)
At the time the registration is returned, the fee prescribed in § 46-431 shall be paid to the Clerk-Treasurer to cover the cost of processing such registration.
(d)
The applicant shall sign a statement appointing the Clerk-Treasurer
as 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, if the applicant cannot be served personally, after
reasonable effort.
(e)
Upon payment of the fee as required in Subsection (c) of this section, and the signing of the statement as set forth in Subsection (d) of this section, the Clerk-Treasurer shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in § 46-35(b).
[Code 1993, § 12.04(5)]
(a)
Upon receipt of each application, the Clerk-Treasurer may immediately
refer the application to the Chief of Police, who may make and complete
an investigation of the statements made in such application.
(b)
The Clerk-Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation as set forth in Subsection (a) of this section, that:
(1)
The application contains any material omission or materially
inaccurate statement;
(2)
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 a similar business;
(3)
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
[Code 1993, § 12.04(6)]
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 Wis. Stats.
§§ 68.07 — 68.16.
[Code 1993, § 12.04(7)]
(a)
Prohibited practices.
(1)
A direct seller shall be prohibited from calling at:
a.
Any dwelling or other place between the hours of 7:00 p.m. and
9:00 a.m., except by appointment.
b.
Any dwelling or other place where a sign is displayed bearing
the words "No Peddlers," "No Solicitors" or words of a similar meaning.
c.
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 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. 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.
(4)
No direct seller shall make any loud noise or use any sound
amplifying device to attract customers if the noise produced is capable
of being plainly heard outside an 100-foot radius of the source.
(5)
No direct seller shall allow rubbish or litter to accumulate
in or around the area in which he is conducting business.
(b)
Disclosure requirements.
(1)
After the initial greeting and before any other statement is
made to a prospective customer, a direct seller shall expressly disclose
his name, the name of the company or organization he is affiliated
with, if any, and the identity of goods or services he offers to sell.
(2)
If any sale of goods is made by a direct seller, or any sales
order for the later delivery of goods is taken by the seller, the
buyer shall have the right to cancel such 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 Wis. Stats. § 423.203(1)(a),
(b), (c), (2) and (3).
(3)
If the direct seller takes a sales order for the later delivery
of goods, at the time the order is taken, he shall 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, whether a guarantee or warranty is provided
and, if so, the terms thereof.
[Code 1993, § 12.04(8)]
The Chief of Police shall report to the Clerk-Treasurer all
convictions for violations of this article, and the Clerk-Treasurer
shall note any such violations on the records of the registrants convicted.
[Code 1993, § 12.04(9)].
(a)
A 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 article, 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.
(b)
Written notice of the hearing shall be personally served on the registrant
at least 72 hours prior to the time set for the hearing. Such notice
shall contain the time and place of the hearing and a statement of
the acts upon which the hearing will be based.
