[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 7, Ch. 4, of the 2004
Code. Amendments noted where applicable.]
It shall be unlawful for any transient merchant to engage in
direct sales within the City of Amery 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 City of Amery Administrator/Clerk-Treasurer or his/her
Deputy.
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 merchandise by a donor or prospective
customer.
Any person who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
Any person engaged in direct solicitation who:
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 section, "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. Also for purposes of this chapter, "transient merchant"
shall mean solicitors.
The following shall be exempt from provisions of this chapter:
A.
Regular delivery routes. Any person delivering newspapers, fuel,
dairy products, food products or bakery goods to regular customers
on established routes.
B.
Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise.
C.
Agricultural products. Any person selling agricultural products which
the person has grown.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Deliveries by permanent merchants. 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.
E.
Requested home visits. 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, said person.
F.
Prior sales transactions. 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.
Services not offering merchandise. Any person selling or offering
for sale a service unconnected with the sale or offering for sale
of merchandise.
H.
Auctions; sales authorized by statute. 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.
I.
Charitable organizations; limited exemption. 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 City Administrator/Clerk-Treasurer proof that such charitable
organization is registered under § 202.12, Wis. Stats.,
and that such solicitors comply with the registration and regulatory
provisions of this chapter. Any charitable organization engaging in
the sale of merchandise and 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.
J.
Alleged transient merchants. Any person who claims to be a permanent
merchant, but against whom complaint has been made to the City Administrator/Clerk-Treasurer
that such person is a transient merchant, provided that there is submitted
to the City Administrator/Clerk-Treasurer 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 City for at least one year prior to the date
complaint was made.
K.
Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
L.
City authorized events. Any transient merchants doing business at
special events specifically authorized by the City Council.
M.
Local civic activities. Any person soliciting donations or selling
merchandise associated with a local school, civic, charitable or community
function. For purposes of this chapter, "local" shall be an activity
sponsored by a school or charitable/civic organization located within
10 miles of the City of Amery.
N.
Resident minors. Minors under the age of 18 who are students at the
Amery School District.
A.
Registration information. Applicants for registration must complete
and return to the City Administrator/Clerk-Treasurer a registration
form furnished by the Administrator/Clerk-Treasurer 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 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 offered and any services offered.
(6)
Proposed method 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/her business.
(8)
Last cities, villages, and towns, not to exceed three, where applicant
conducted similar business just prior to making this registration.
(9)
Place where applicant can be contacted for at least seven days after
leaving this City.
(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.
Identification and certification. Applicants shall present to the
City Administrator/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 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.
Registration fee.
(1)
At the time of filing application, a registration fee as prescribed in the Schedule of Fees shall be paid to the City Administrator/Clerk-Treasurer to cover the cost of investigation of the facts stated in the application and for processing and registration. There shall be a forty-eight-hour waiting period, to allow the City an opportunity to investigate or verify statements made in said application, before the applicant can be registered as a transient merchant. Every member of a group must file a separate registration form. However, representatives/solicitors of charitable organizations, as defined by § 387-3I, and local school, civic or community organizations, as defined by § 387-3M, shall not be required to pay such fee. The primary applicant shall pay a registration fee as prescribed in the Schedule of Fees, plus a CIB investigation fee; each assistant under the application shall also be required to pay the CIB fee.
(2)
The applicant shall sign a statement appointing the City Administrator/Clerk-Treasurer
his/her 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.
(3)
Upon payment of said fees, signing of said statement, and the expiration of the forty-eight-hour waiting period, the City Administrator/Clerk-Treasurer shall register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in § 387-5B below.
D.
Solicitors. Solicitors of funds or donations for charitable or other
organizations shall comply with all disclosure and registration requirements
above, but shall be exempt from the registration fee.
A.
Upon receipt of each application, the City Administrator/Clerk-Treasurer
may refer it immediately to the Police Department for an investigation
of the statements made in such registration, said investigation to
be completed within 48 hours of the time of referral.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The City Administrator/Clerk-Treasurer 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 § 387-4B above.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the City
Council or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from calling at any dwelling
or other place between the hours of 9:00 p.m. and 8:00 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 transient merchant shall not misrepresent or make false, deceptive
or misleading statements concerning the quality, quantity or character
of any merchandise offered for sale, the purpose of his/her visit,
his/her identity or the identity of the organization he/she represents.
A charitable organization transient merchant shall specifically disclose
what portion of the sale price of merchandise 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 merchandise.
(3)
In addition to satisfying the registration requirements of this chapter,
no transient merchant shall conduct sales activities from a public
right-of-way, park or other City-owned area without specific authorization
from the City Council. 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 100-foot radius of the source.
(5)
No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he/she is conducting business.
(6)
Sales activities and/or displays shall not be located within public
rights-of-way for the protection of public safety.
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/her name, the name of the company or organization he/she is affiliated
with, if any, display his/her City registration, and the identity
of merchandise or services he/she offers to sell.
(2)
If any sale of merchandise is made by a transient merchant or any
sales order for the later delivery of merchandise 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 transient merchant takes a sales order for the later delivery
of merchandise, he/she 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 Police Department shall report to the Administrator/Clerk-Treasurer
all convictions for violations of this chapter, and the Administrator/Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
A.
Registration may be revoked by the City Council 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 chapter 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.
