[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as § 8.02 of the 2011 Code. Amendments noted
where applicable.]
No transient merchant shall engage in sales within the Village
without being registered for that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
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 prospective customer.
Any merchant who, for at least one year prior to the consideration
of the application of this chapter to the merchant, has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his residence.
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily and who does not intend to
become and does not become a permanent merchant of such place. For
purposes of this definition, "sale of merchandise" includes a sale
in which the personal services rendered upon or in connection with
the merchandise constitute 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 the
sale of produce or other perishable products at retail or wholesale
by a resident of this state.
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 such 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 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 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 the statute's registration requirements, shall be required
to register under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
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 has conducted business in the market area for at least
one year prior to the date the complaint was made.
J.
Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
K.
Transient merchants while doing business at special events authorized
by the Village Board.
A.
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, and color of hair and eyes.
(3)
Name, address and telephone number of the person, firm, association
or corporation 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 applicant
in the conduct of his business.
(8)
Most recent cities, villages, and towns, not to exceed three, where
applicant conducted his 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 and the nature of the offense
and the place of conviction.
B.
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 registration is made.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
At the time the registration is returned, a fee as established by
the Village Board shall be paid to the Clerk to cover the cost of
processing such registration.
D.
The applicant shall sign a statement appointing the Clerk 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.
E.
Applicants shall be limited to registering as a transient merchant
to one time within any one calendar year for a period of not more
than 21 days.
A.
Upon receipt of each application, the Village Clerk 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 Village Clerk shall refuse to register the applicant if it is
determined, pursuant to the investigation above, 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 most recent cities, villages and towns, not
exceeding three, in which the applicant conducted 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.
Any person refused or denied registration may appeal the denial under the applicable provisions of Chapter 5, Administrative Review, of the Code of the Village of Williams Bay.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from:
(a)
Calling at any dwelling or other place between the hours of
9:00 p.m. and 9:00 a.m., except by appointment.
(b)
Calling at any dwelling or other place where a sign is displayed
bearing the words "No Peddlers," "No Solicitors" or words of similar
meaning.
(c)
Calling at the rear door of any dwelling place.
(d)
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, purpose of his visit, his identity
or the identity of the organization he 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,
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 one-hundred-foot radius of the source.
(5)
No transient merchant 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 transient merchant shall expressly disclose
his name, the name of the company or organization he is affiliated
with, if any, and the identity of the merchandise or services he offers
to sell.
(2)
A buyer shall have the right to cancel any sale of merchandise or
any offer for the later delivery of merchandise taken by the seller
if such transaction involves the extension of credit or is a cash
transaction of more than $25, in accordance with § 423.202,
Wis. Stats. The seller shall give the buyer two copies of a typed
or printed notice of that fact, which notice shall conform to the
requirements of § 423.203(1)(a), (b) and (c), (2) and (3),
Wis. Stats.
(3)
If the transient merchant takes a sales order for the later delivery
of merchandise, 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 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.
A.
Registration may be revoked by the Village Board after notice and
hearing, if the registrant made any material omission or materially
inaccurate statements in the application for registration, 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, ordinance or statutory
violation which is directly related to the registrant's fitness to
engage in selling.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to the suspension or revocation of a registration issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.
