[HISTORY: Adopted by the Village Board of the Village of Shorewood
as Ch. 10, Art. 1 of the 1986 Code. Amendments noted where applicable.]
It shall be unlawful for any transient merchant to engage in sales within
the Village of Shorewood without being registered for that purpose as provided
herein.
As used in this chapter, the following terms shall have the meanings
indicated:
A photograph which is sufficiently recent to be a good likeness (normally
taken within the last six months), two inches by two inches in size, with
an image from the bottom of the chin to the top of the head (including hair)
of between one inch and 1 3/8 inches. The photo must be clear, front view,
full faced, taken in normal street attire without a hat or dark glasses and
printed on thin paper with a plain, light background. It may be black and
white or color and must be capable of withstanding a mounting temperature
of 225° F. Photographs retouched so that the appearance is changed are
unacceptable.
[Amended 4-15-2002 by Ord. No. 1833]
Includes any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation, or one purporting to be such.
The Village Clerk.
Include 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 person who, for at least six months prior to the consideration
of the application of this chapter to said 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 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 a farm or the sale
of produce or other perishable products at retail or wholesale by a resident
of this state.
[Amended 6-3-1991 by Ord. No. 1604]
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 person selling agricultural products which the person
has grown.
D.
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.
[Amended 6-3-1991 by Ord. No. 1604]
E.
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.
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.
Any person selling or offering for sale a service unconnected
with the sale or offering for sale of merchandise.
H.
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.
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 Clerk proof that such charitable organization
is registered under § 440.41, Wis. Stats. Any charitable organization
engaging in the sale of merchandise and not registered under § 440.41,
Wis. Stats., or which is exempt from that statute's registration requirements,
shall be required to register under this chapter.
J.
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/she
has conducted business in the market area for at least six months prior to
the date the complaint was made.
K.
Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
L.
Transient merchants while doing business at special events
authorized by the Village Board.
A.
Applicants for registration must 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.
[Amended 6-3-1991 by Ord. No. 1604]
(2)
Age, height, weight, and color of eyes and hair.
(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 the 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/her business.
(8)
Most recent cities, villages, and towns, not to exceed
three, where the applicant conducted his/her business.
(9)
Place where the 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 substantially related to the activities
regulated under this chapter, the nature of the offense and the place of conviction.
[Amended 10-16-1995 by Ord. No. 1719]
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 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.
At the time the registration is returned, two identical
applicant photos must be submitted for the identification badge together with
a fee which shall be paid to the Clerk to cover the cost of processing. The
fee as described within this subsection shall be enumerated in the Village
Fee Schedule.
(1)
The applicant shall sign a statement appointing the Clerk
or the Clerk's designee 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.
(2)
Upon payment of the fee, the signing of the service statement, and the submittal of the photographs and on approval of the Police Department after investigation, the Clerk shall register the applicant as a transient merchant and the Clerk shall also issue a laminated badge/permit to the applicant which will be valid from January 1 through December 31 of the year in which the permit is issued. The registration and permit procedure as described is subject to refusal as provided in § 480-5B.
[Amended 4-15-2002 by Ord. No. 1833]
A.
Upon receipt of each application, the Clerk may refer
it immediately to the Chief of Police or the Chief's designee, who may make
and complete an investigation of the statements made in such registration.
[Amended 10-16-1995 by Ord. No. 1719]
B.
The 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, the nature of which is substantially related to activities
regulated under this section; or
[Amended 10-16-1995 by Ord. No. 1719]
Any person refused or denied registration may appeal the denial to the Board of Appeals under the provisions of § 535-56 of this Code.
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; or
(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, 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 the 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)
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/she 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/her name, the name of the company or organization he/she is affiliated
with, if any, and the identity of the merchandise or services he/she offers
to sell. Each transient merchant must wear the laminated Village of Shorewood
photo identification badge/permit on his or her clothing so that the badge/permit
can be readily seen by prospective customers.
[Amended 6-3-1991 by Ord. No. 1604; 4-15-2002
by Ord. No. 1833]
(2)
If any sale of merchandise is made by a transient merchant,
or any offer 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.
[Amended 9-18-1995 by Ord. No. 1717]
The Chief of Police or the Chief's designee shall report to the Clerk
all convictions for violations 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 or ordinance or statutory violation which is directly
related to the registrant's fitness to engage in selling.
