[Adopted as Sec. 7.04 of the prior Code]
Pursuant to § 66.0423, Wis. Stats., it shall be unlawful
for any direct seller to engage in direct sales within the Town of
Rome without being licensed for that purpose as provided herein.
The following may be exempt from the provisions of this article:
A.
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes;
B.
Any person selling goods at wholesale to dealers in such goods;
C.
Any person selling agricultural products which such person has grown;
D.
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 and who delivers such goods in their regular
course of business;
E.
Any person who has an established place of business within the school
district 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, said person;
F.
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;
G.
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;
H.
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 Chief of Police 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 be licensed under this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Applicants must complete and return to the Chief of Police an application
form furnished by the Chief of Police, 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 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 offered and any services offered;
(6)
Proposed method of delivery of goods, if applicable;
(7)
Make, model and license number of any vehicle to be used by the applicant
or employees in the conduct of the business;
(8)
The names of the three municipalities in which the applicant most
recently conducted similar business;
(9)
Place where applicant can be contacted for at least seven days after
leaving this Town;
(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.
B.
Documentation. Applicants shall present to the Chief of Police 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.
(4)
Any vehicle licensed hereunder shall be insured for liability for
property damage and personal injury. A license shall be issued only
upon the condition that the applicant submit to the Town Clerk/Treasurer
satisfactory written evidence that the applicant has in force and
will maintain during the time the license is in effect public liability
insurance of not less than $500,000 per one person, $500,000 per one
accident and property damage coverage of not less than $500,000. Such
vehicles shall comply with Ch. 347, Wis. Stats., relating to equipment
of vehicles. The licensee shall comply with such other conditions,
including location of sales activities, as may be imposed by the Town
Board. The Town Board may refuse to issue a license if the proposed
activity is deemed to be unsafe, hazardous or inappropriate for the
location.
C.
License fee.
(1)
At the time the application is filed, a fee shall be paid to the
Chief of Police to cover the cost of processing said application.
Each and every member of a group must file a separate license form.
The Town Board shall set the fee for a direct seller's, solicitors
or canvasser's license. Annual licenses issued on or after July 1
shall be issued for 1/2 the required fee. Transient merchants/direct
sellers may employ two assistants without payment of an additional
license fee, but such persons must comply with the other provisions
of this section.
(2)
The applicant shall sign a statement appointing the Chief of Police
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, in the event the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the Chief of Police shall make
and complete an investigation of the statements made in such application.
B.
The Chief of Police shall refuse to license 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 three municipalities 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 Article III, Direct Sellers, herein.
Any person denied license may appeal the denial through the
appeal procedure provided by ordinance or resolution of the Town Board
or, if none has been adopted, under the provisions of Chapter 68,
Wis. Stats.
A.
Prohibited practices.
(1)
A direct seller 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 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. Said 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 or 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 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)
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 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 direct seller takes a sales order for the later delivery of
goods, 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.
The license may be revoked by the Chief of Police if the licensee made any material omission or materially inaccurate statement in the application for a license, 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 licensee's fitness to engage in direct selling. The licensee may appeal such revocation pursuant the procedure set forth in § 234-40 herein.
