[HISTORY: Adopted by the Town Board of the Town of Wescott 11-10-1981 by Ord. No. 7-81. Amendments noted where applicable.]
It shall be unlawful for any direct seller, transient merchant
or solicitor to engage in direct sales or solicitations within the
Town without being registered and licensed for that purpose as provided
herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Each individual applying for registration and licensing as
a direct seller, transient merchant or solicitor.
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation [for which there is
provided proof of tax exempt status pursuant to Section 501(c)(3)
or (4) of the United States Internal Revenue Code].
Any individual who, for himself or for a partnership, association
or corporation, sells good or services or takes sales orders for the
later delivery of goods or services at any location other than the
permanent business place or residence of said individual, partnership,
association or corporation and shall include, but not be limited to,
peddlers, canvassers and transient merchants. The sale of goods and
services includes donations requested or required by the direct seller
for the retention of goods or services by a donor or prospective customer.
Personal property of any kind and includes goods provided
incidental to services offered or sold.
A direct seller or one representing a merchant who, for at
least one year prior to the submission of an application pursuant
to this section, has continuously operated an established place of
business in this Town or has continuously resided in this Town and
now does business lawfully from his residence.
Each individual registered by the Town Clerk and to whom
a license has been issued.
Any individual who, for himself or for any other person,
organization, society, association or corporation, personally solicits
money, property or financial assistance of any kind from persons other
than members of such organization, society, association or corporation.
Any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the Town or not, who
engages in a temporary business of selling and delivering goods, wares
and merchandise within said Town and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, motor vehicles,
trailer, tent, railroad box car or boat, public room in hotels, lodging
houses, apartments, shops or any street, alley or other place within
the Town for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction, provided that such definition
shall not be construed to include any person, firm or corporation
who, while occupying such temporary location, does not sell from stock,
but exhibits samples for the purpose of securing orders for future
delivery only. The person, firm or corporation so engaged shall not
be relieved from complying with the provisions of this section merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer, or by conducting such transient business in
connection with, as a part of, or in the name of any local dealer,
trader or auctioneer.
A.
The following shall be exempt from all provisions of this section:
(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 farmer or truck gardener selling agricultural products of the
farm or garden occupied or cultivated by such person.
(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 this 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 said person.
(6)
Any person who has had, or represents a company which has had, a
prior business transaction such as a prior sale or credit arrangement
with a prospective customer.
(7)
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, on an occasional basis, including garage or rummage sales,
all of which do not exceed 10 days per calendar year.
(8)
This chapter does not apply to transient merchants while doing business
at special events authorized by the Town Board. This includes, but
is not necessarily limited to, the Art and Crafts Show, and the Old
Time Music and Crafts show held during past summers at the Mielke
Theater grounds, and any other event specifically named by the Town
Board now or in the future.
B.
Charitable organizations.
(1)
Charitable organizations registered with the Wisconsin Department of Financial Institutions pursuant to § 202.12, Wisconsin Statutes, shall be exempt from the requirements set forth in §§ 116-4A, C and 116-6 of this chapter if the organization has provided the individual representing it with credentials stating the name of the organization, the name of the representative and the purpose of the solicitation and provided, further that said individuals provide the Town Clerk with the following information:
(2)
A license to a charitable organization operative for the dates provided
to the Town Clerk shall be issued without charge upon compliance with
the foregoing.
C.
Any religious organization from which there is provided proof of tax exempt status pursuant to Section 501(c)(3) of the United States Internal Revenue Code shall be exempt from the requirements set forth in §§ 116-4A, C and 116-6. The provisions of § 116-3B above shall be applicable to such organizations.
A.
Applicants for licenses must complete and return to the Town Clerk
a registration form furnished by the Town Clerk which shall require
the following information:
(1)
Name, permanent address, 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 that the direct seller represents or is employed by
or whose merchandise is being sold.
(4)
Temporary address and telephone number from which sales or solicitations
will be conducted, if any.
(5)
Nature of sales or solicitations to be conducted and a brief description
of the goods and/or services offered.
(6)
Proposed dates and times of sales or solicitations.
(7)
Proposed method of delivery of goods, if applicable.
(8)
Make, model and license number of any vehicle to be used by applicant
in the conduct of sales or solicitations.
(9)
Last three cities, villages and towns where applicant conducted similar
sales or solicitations.
(10)
Place where applicant can be contacted for a least seven days
after leaving this Town.
(11)
Statement as to whether applicant has been convicted of any
crime or ordinance violation related to applicant's sales or solicitation
or other transient merchant activities within the last five years,
the nature of the offense and the place of conviction.
(12)
A recent photograph of the applicant that shows the head and
shoulders.
B.
Applicants shall present the following items to the Town Clerk for
examination:
(1)
A driver's license or some other proof of identity as may be reasonably
required.
(2)
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 and dated not more
than 90 days prior to the date the application for license is made.
(3)
A state certificate of examination and approval from the sealer of
weights and measures where applicants's business requires use of weighing
and measuring devises approved by state authorities.
C.
No application shall be processed until the application fee has been
paid to the Town Clerk to cover the cost of processing said application.
The fee for application shall be in an amount as set from time to
time by resolution of the Town Board, plus actual Town expenses. Permit/fees
shall be paid to the Town of Wescott.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Upon receipt of a completed registration form, the Town Clerk shall
immediately make an investigation. The Town Clerk or his designee
shall complete the investigation and file a report with 72 hours.
B.
The Town Clerk shall refuse to issue a license to the applicant for
any of the following reasons:
(1)
The application contains any material omission or materially inaccurate
statement.
(2)
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
solicitation.
(4)
If, as a result of the investigation required under this section,
the applicant's business or character are found to be unsatisfactory,
the Town Clerk shall endorse on said application his disapproval and
his reasons for the same and file the application. The Clerk shall
notify the applicant that his application was not approved and no
license will be issued.
C.
In the event the Town Clerk shall refuse to issue the applicant a
license, the Town Clerk shall provide the applicant an opportunity
to refute said reasons for denial of the license. After the Town Clerk
has made a final determination, he shall either issue the license
or provide the applicant with written reasons for refusing to issue
the license, within seven days thereafter.
D.
Any person denied application for a license may appeal such action
by filing with the Town Board within 14 days after written notice
of the denial a written statement requesting a hearing and setting
forth the grounds for the appeal. The Town Board shall set a time
and place for the hearing. Written notice of the time and place of
the hearing shall be given to the applicant at least 24 hours prior
to the time set for the hearing. Any appeal request constitutes acknowledgment
of decision notice from the Clerk and operates as a waiver to any
claim of a defect in such notice.
A.
Upon compliance with the foregoing requirements, and payment of the
license fee as hereinafter set forth, the Town Clerk shall register
the applicant as a direct seller, transient merchant or solicitor
and issue a license to the applicant. The license shall be operative
only during the days requested on the registration form, not to exceed
one year.
B.
Such license shall contain the signature of the Town Clerk, the name
and address of the direct seller, transient merchant or solicitor,
the type of goods or services being sold or the nature of the solicitation,
the dates during which the license is operative and the license number
of any vehicle used for sales or solicitation.
C.
Registrants shall exhibit their license at the request of any citizen
or police officer.
A.
Prohibited practices.
(1)
A direct seller or solicitor shall be prohibited from:
(a)
Calling at any dwelling or other place between the hours of
8:00 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 direct seller or solicitor shall not misrepresent or make false,
deceptive or misleading statements concerning the quality, quantity
or character of any goods or services offered for sale, the purpose
of his visit, his identity or the identity of the organization he
represents. A direct seller representing a charitable or religious
organization shall specifically disclose what portion of the sale
price of goods being offered will actually be used for the charitable
or religious purpose for which the individual is soliciting. Said
portion shall be expressed as a percentage of the sale price of the
goods or services, or the base cost of supplies purchased for resale.
(3)
No direct seller or solicitor shall impede the free use of sidewalks
and streets by pedestrians and vehicles. Where sales or solicitations
are made from vehicles, all traffic and parking regulations shall
be observed. No direct seller or solicitor shall have any exclusive
right to any location in the public streets. No direct seller or solicitor
shall sell or solicit in any congested area or where the public will
be impeded or inconvenienced. For the purpose of this section, the
judgement of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded
or inconvenienced.
(4)
No direct seller or solicitor shall make any loud noises or use any
sound amplifying device to attract customers or donors if the noise
produced is capable of being plainly heard outside a 100-foot radius
of the source.
(5)
No direct seller or solicitor shall allow rubbish or litter to accumulate
in or around the area in which he is conducting business or making
solicitation.
B.
Disclosure requirements. After the initial greeting and before any
other statement is made to a prospective customer or donor, a direct
seller or solicitor 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/she offers to sell.
C.
Each day of violation of this chapter shall constitute a separate
offense.
A.
In addition to the other remedies and procedures stated here, the
Town may enforce this chapter by any means authorized by law, including,
but not limited to, enforcing the provisions of this chapter by injunction.
B.
This chapter shall be enforced by the citation procedure of Enforcement
of Town Ordinances as adopted by Ord. No. 2-81.[1] Any person who violates this chapter shall, upon conviction,
be subject to the forfeiture amount in the Fine and Forfeiture Schedule
of the Town of Wescott that shall be as set from time to time by resolution
by the Town of Wescott. Each violation and each day a violation continues
or occurs shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
