[HISTORY: Adopted by the Town Board of the Town of Fulton 10-14-1999 (Ch. 7, § 3n of the 1996 Code). Amendments noted where applicable.]
License, registration and permit procedure — See Ch. 284.
It shall be unlawful for any transient merchant, direct seller or charitable solicitor to engage in direct sales or solicitation activities within the Town of Fulton without obtaining a permit for that purpose as provided herein.
In this chapter, the following terms shall have the meaning indicated:
- CHARITABLE ORGANIZATION
- Any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.
- The Town of Fulton Clerk/Treasurer.
- 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.
- PERMANENT MERCHANT
- 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:
- TRANSIENT MERCHANT
- Any individual who engages in the retail sale of merchandise at any place in this state temporarily and who does not intend to become a permanent merchant of such place. For purposes of this chapter, "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 the sale of produce or other perishable products by a resident of this state. For purposes of this chapter, the term "transient merchant" shall include direct sellers and solicitors seeking donations or funds for an organization, unless excepted.
The following shall be exempt from all provisions of this chapter:
Regular delivery routes. Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
Wholesalers. Any person selling merchandise at wholesale to dealers in such merchandise.
Agricultural products. Any person selling agricultural products which the person has grown.
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 his regular course of business.
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.
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.
Services not offering merchandise. Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.
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.
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 shall be exempt from fees imposed by this chapter, provided that there is submitted to the Town Clerk/Treasurer proof that such charitable organization is registered under § 440.42, Wis. Stats., and the charitable solicitors obtain a permit from the Town under this chapter. Any charitable organization engaging in the sale of merchandise and not registered under § 440.42, Wis. Stats., or which is exempt from that statute's registration requirements, shall be required to obtain a permit under this chapter.
Alleged transient merchants. Any person who claims to be a permanent merchant but against whom complaint has been made to the Town Clerk/Treasurer that such person is a transient merchant, provided that there is submitted to the Town 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 Town for at least one year prior to the date complaint was made.
Persons licensed by examining boards. Any individual licensed by an examining board as defined in § 15.01(7), Wis. Stats.
Town-authorized events. This chapter does not apply to transient merchants while doing business at special events authorized by the Town Board.
Resident minors. Minors under the age of 18 who are residents of the Town of Fulton.
Permit information. Applicants for a permit must complete and return to the Town Clerk/Treasurer a registration form furnished by the Town Clerk/Treasurer which shall require the following information:
Name, permanent address and telephone number, and temporary address, if any.
Height, weight, color of hair and eyes, and date of birth.
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.
Temporary address and telephone number from which business will be conducted, if any.
Nature of business to be conducted and a brief description of the merchandise offered and any services offered.
Proposed method of delivery of merchandise, if applicable.
Make, model and license number of any vehicle to be used by the applicant in the conduct of his business.
Last cities, villages, and towns, not to exceed three, where the applicant conducted similar business just prior to making this registration.
Place where the applicant can be contacted for a least seven days after leaving this Town.
Statement as to whether the applicant has been convicted of any crime or ordinance violation related to the applicant's transient merchant business within the last five years, the nature of the offense and the place of conviction.
Identification and certification. Applicants shall present to the Town Clerk/Treasurer for examination:
A driver's license or some other proof of identity as may be reasonably required.
A state certificate of examination and approval from the Sealer of Weights and Measures where the applicant's business requires use of weighing and measuring devices approved by state authorities.
A State Health Officer's certificate where the applicant's business involves the handling of food or clothing and is required to be certified under state law, such certificate to state that the 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.
At the time of filing applications, the fees shall be paid as set by the Town Board. Every member of a group must file a separate permit form. The primary applicant shall pay the permit fee plus the Crime Information Bureau (CIB) investigation fee; each assistant under the application shall also be required to pay the CIB fee.
The applicant shall sign a statement appointing the Town Clerk/Treasurer 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 that the applicant cannot, after reasonable effort, be served personally. The permit may be denied upon failure to comply with this subsection.
Upon payment of said fee and the signing of said statement, the Town Clerk/Treasurer shall register the applicant as a transient merchant, date the entry and issue the permit. Said permit shall be valid for a period of 30 days from the date of entry, subject to subsequent refusal as provided in § 390-5B below.
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 permit fee; however solicitors shall each pay the current CIB fee.
Upon receipt of each application, the Town Clerk/Treasurer may refer it immediately to the Chief of Police for an investigation of the statements made in such registration, said investigation to be completed within five days from the time of referral. (Note: This waiting period is necessary in order to complete the investigation process.)
The Town Clerk/Treasurer shall refuse to register the applicant and revoke the permit 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 § 390-4B above.
Any person denied a permit 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 §§ 68.07 through 68.16, Wis. Stats.
The Chief of Police shall report to the Town Clerk/Treasurer all convictions for violations of this chapter and the Town Clerk/Treasurer shall note any such violation on the record of the registrant convicted.
No transient merchant shall engage in direct sales or solicitation activities within the Town of Fulton except between the hours of 10:00 a.m. and 7:00 p.m.
The permit may be revoked by a Town law enforcement officer or the Town Clerk/Treasurer 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.
Provided a written request is filed with the Town Clerk/Treasurer within 10 days of such revocation, an appeals hearing shall be held before the Town Board or committee thereof. Written notice of the hearing shall be served personally or pursuant to § 390-4C on the permit holder at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based.