[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.]
GENERAL REFERENCES
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:
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.
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 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:
A.
Regular delivery routes. Any person delivering newspapers,
fuel, dairy 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.
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 his 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 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.
J.
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.
K.
Persons licensed by examining boards. Any individual
licensed by an examining board as defined in § 15.01(7), Wis. Stats.
L.
Town-authorized events. This chapter does not apply to
transient merchants while doing business at special events authorized by the
Town Board.
M.
Resident minors. Minors under the age of 18 who are residents
of the Town of Fulton.
A.
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:
(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 the applicant in the conduct of his business.
(8)
Last cities, villages, and towns, not to exceed three,
where the applicant conducted similar business just prior to making this registration.
(9)
Place where the applicant can be contacted for a least
seven days after leaving this Town.
(10)
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.
B.
Identification and certification. Applicants shall present
to the Town 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 the applicant's business requires
use of weighing and measuring devices approved by state authorities.
(3)
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.
C.
Permit fee.
(1)
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.
(2)
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.
(3)
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.
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 permit fee; however solicitors shall each
pay the current CIB fee.
A.
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.)
B.
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[1] 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.
A.
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.
B.
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.
