[HISTORY: Adopted by the Village Board of the Village of Waterford 10-9-2006 by Ord. No. 503. Amendments noted where applicable.]
Article I Direct Sellers
Article II Rummage Sales
[Amended 9-24-2007 by Ord. No. 519; 3-10-2014 by Ord. No. 615]
No direct seller shall engage in direct sales within the Village without obtaining a permit for that purpose as provided herein.
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- Any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation for whom or which there is provided proof of tax-exempt status pursuant to Section 501(c)(3) or (4) of the United States Internal Revenue Code.
- The Clerk of the Village of Waterford.
- DIRECT SELLER
- Any person who, individually or for a partnership, association, corporation or other entity, sells goods or services or takes sales orders for later delivery of goods or services at any location other than the permanent business place or residence of the individual, partnership, association, corporation or other entity. 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. Solicitors and transient merchants, as defined herein, are direct sellers.
- GOODS AND/OR SERVICES
- Includes personal property of any kind, merchandise, materials, services of any nature, goods provided incidental to services offered or sold, products, insurance, and anything else offered for sale by a direct seller. The sale of goods includes donations required by the seller for the retention of goods or services by a donor or prospective customer.
- PERIOD OF HEAVY TRAFFIC CONGESTION
- The periods of time between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 6:00 p.m. have been determined by the Village to be periods of heavy traffic congestion in the downtown area through Village observation and through the traffic studies conducted by Strand Associates, Inc., and set forth in the "Report for Wisconsin Department of Transportation, WIS 20 Alternate Route Analysis" dated August 2010.
- PERMANENT MERCHANT
- A direct seller or one representing a direct seller who, for at least six months prior to the submission of an application pursuant to this chapter, has continuously operated an established place of business in this Village or has continuously resided in this Village and now does business from his/her residence.
- Any individual who, for him-/herself or 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.
- SPECIAL EVENT VENDOR
- A vendor, solicitor, transient merchant or direct seller doing business at a special event under the supervision of a person or entity that holds a special event permit issued under Chapter 188 of this Municipal Code. The special event vendor must be sponsored by the holder of the special event permit and must receive written authorization to operate at the special event.
- TRANSIENT MERCHANT
- Any individual who engages in the retail sale of goods 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 chapter, sale of merchandise includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale 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.
The following shall be exempt from all provisions of this article:
Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.
Any person selling goods at wholesale to dealers in such goods.
Any person selling agricultural products which such person has grown.
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 their regular course of business.
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 such person.
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.
Any person offering a direct sale only to businesses. If a building contains both a business and a dwelling, the direct seller may not call on the dwelling without a permit.
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.
Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of such organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under § 440.42, Wis. Stats. Any charitable organization not registered under § 440.42, Wis. Stats. or which is exempt from that statute's registration requirements, unless the organization is exempt from said requirements and has a permanent location within the Village limits, shall be required to obtain a permit under this article.
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 is conducting business, or proof that such person has conducted such business in this Village for at least one year prior to the date complaint was made.
Special event vendors. Special event vendors, as defined in § 182-2, are exempt from the provisions of this article, except:
Special event vendors who do not have a place of business in the Village of Waterford and prepare food on site or sell food that is not prepackaged. (Vendors selling raw produce grown in Wisconsin are exempt.)
Special event vendors who are not legal residents of the State of Wisconsin or who do not have a permanent place of business in the State of Wisconsin.
A person engaged in activity involving the exercise of the person's rights protected under the First Amendment to the United States Constitution or Article I of the Constitution of the State of Wisconsin, or both, such as freedom of speech, the distribution or sales of printed material, or the right of assembly.
A person who has a current statewide peddler's license for ex-soldiers as provided in § 440.51, Wis. Stats.
Applicants for permits shall complete and return to the Clerk an application form furnished by the Clerk which shall require the following information:
Name, permanent address and telephone number, and temporary address, if any.
Age, height, weight, color of hair and eyes.
Name, address and telephone number of the person, partnership, association, corporation or other entity that the direct seller 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 goods offered and any services offered.
Proposed method of delivery of goods, if applicable.
Make, model and license number of any vehicle to be used by applicant in the conduct of his/her business.
Last cities, villages, towns, not to exceed three, where applicant conducted similar business.
Place where applicant can be contacted for at least seven days after leaving this Village.
Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's direct seller activities within the last five years; the nature of the offense and the place of conviction.
Applicants shall present to the Clerk 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 applicant's business requires use of weighing and measuring devices approved by state authorities.
Any applicable state, Health Department or other certificate where applicant's business involves the handling of goods or food and is required to be certified under state law valid on the date the application for license is made and at least through the end of the period during which the applicant will do business in the Village.
[Amended 9-22-2014 by Ord. No. 621]
A current seller's permit issued by the Wisconsin Department of Revenue, if applicable.
Information reasonably necessary to investigate other licensing required by the state for the type of direct sales activities intended by the applicant.
At the time the application is submitted, a fee in an amount set by the Village Board shall be paid to the Treasurer to cover the cost of processing the application.
No permit shall be issued unless the applicant files a surety bond by a bonding company authorized to do business in this state. Every such bond filed with the Village Clerk shall contain an endorsement that the same shall not be cancelled by the obligor, shall not expire and shall not be reduced in amount until 10 days after notice thereof by registered U.S. mail has been sent to the Village Clerk. Upon receipt of such notice, the Village Clerk shall immediately send the permit holder at his or her last known address by registered U.S. mail, return receipt requested, a notice advising that unless a new bond is filed, the permit shall be revoked at the time such cancellation, expiration or reduction becomes effective. If a new bond is not filed in accordance with such notice, the Village Clerk must revoke the permit at such time.
The surety bond shall be in the penal sum of $5,000 and in such form as may be prescribed by the Village Clerk for the purpose of protecting the public against fraud. The bond shall be conditioned to pay any judgment that may be obtained against the permit holder for civil liability arising out of engaging in the business or occupation of the permit holder within the Village.
In lieu of the surety bond provided under Subsection E(1) and (2), the applicant may deposit with the Village Clerk a certified check in the amount of $5,000. The Village Clerk shall return the certified check to the permit holder 30 days after the completion of his or her business activity in the Village.
The applicant is not required to provide the surety bond until the application is approved.
Before a permit may be issued, the applicant shall sign and file with the Village Clerk an irrevocable power of attorney appointing the Village Clerk as agent to accept service of the summons for all causes of action against him or her arising out of the conduct of his or her business or occupation as a permit holder. Service of a summons in all causes of action described in this section may be made upon the permit holder by sending two copies of such summons to the Village Clerk by registered U.S. mail. The Village Clerk shall immediately upon receipt of thereof endorse upon each copy the date and hour received, and shall file one copy whereupon service of said summons shall be deemed to be completed upon the permit holder. The Village Clerk shall on the same day send to the permit holder the other copy of the summons so received by registered U.S. mail, return receipt requested.
Investigation. Upon receipt of each application, payment of the fee and the signing of the statement, the Clerk shall refer it immediately to the Village Police Department, which shall make and complete an investigation of the statements made in such application.
The Clerk shall refuse to issue 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
Upon satisfactory completion of the investigation, the Clerk shall approve the application and shall notify the applicant that the permit will be issued upon the presentation of the required bond (if the bond has not yet been received).
Upon satisfactory submission of the bond, the Clerk shall issue the applicant a direct seller's permit and date the entry.
Any person refused a permit may appeal the same through the appeal procedure provided by ordinance or resolution of the Village Board or, if none has been adopted, under the provisions of Wis. Stats. Chapter 68.
A direct seller shall be prohibited from:
Calling at any dwelling or other place between 9:00 p.m. and 9:00 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.
A direct seller shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization he/she represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Such portion shall be expressed as a percentage of the sale price of the goods.
No direct seller 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.
No direct seller shall sell or offer for sale any item while the person is on a median or safety island, except when the roadway has been legally closed to traffic for a special event and the seller is in compliance with the provisions of the special event permit.
No direct seller shall display goods or products outside of a vehicle on the public right-of-way without a right-of-way permit issued under Chapter 191 except during Village-wide or special events allowing such activities.
No direct seller shall park for the purpose of making sales from a vehicle on Main Street between Milwaukee Street and Jefferson Street, or on First Street between Main Street and St. Thomas Street, during any period of heavy traffic congestion.
No direct seller may conduct business within 10 feet of a fire hydrant or within 20 feet of a driveway or crosswalk.
No direct seller shall solicit or accept money or any other item from an occupant of any vehicle on a public street. No direct seller shall hand anything to an occupant of any vehicle on a public street.
No direct seller 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.
No direct seller shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business.
A direct seller is prohibited from selling goods or taking orders on the premises of any public building at any time without the express written consent of the such premises, or on any other public premises dedicated to a special purpose and posted.
After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of goods or services he/she offers to sell.
If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel such transaction if it involved the extension of credit or is a cash transaction of more than $25 in accordance with the procedure as set forth in § 423.202, 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), (2), (3) and (3m), Wis. Stats.
If the direct seller takes a sales order for the later delivery of goods, 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.
If the direct seller is regulated by the State of Wisconsin and the statutory regulation is in conflict with the disclosure requirement herein, the statutory regulation shall control.
The Village Police Department shall report to the Clerk all convictions for violation of this article, and the Clerk shall note any such violation on the record of the direct seller convicted.
A permit may be revoked by the Village Board, after notice and hearing, if the permittee made any material omission or materially inaccurate statement in the application for the permit, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales, violated any provision of this article or was convicted of any crime or ordinance or statutory violation which is directly related to the permittee's fitness to engage in direct selling.
Written notice of the hearing shall be served personally on the permittee 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.
Any person convicted of violating any provision of this article shall forfeit $100 for each violation plus costs of prosecution. Each violation shall constitute a separate offense.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
- RUMMAGE SALE
- Includes all general sales, open to the public, conducted from or on a residential premises, including but not limited to all sales titled "rummage," "lawn," "yard," "porch," "room," "backyard," "patio" or "garage" sale.
Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale at a rummage sale property other than personal property.
Hours and place of operation. Rummage sales shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m. No more than three rummage sales in one calendar year may be conducted from any premises. Each sale may last no longer than three consecutive days and must be conducted on the seller's property.
Signs. "Rummage Sale," "Garage Sale" or similar signs shall be permitted to advertise the rummage sale. There shall not be more than one such sign per lot, except that on a corner lot two signs are allowed, one facing each street. A sign shall not exceed 12 square feet in area and shall be located not less than eight feet from the nearest lot line. Said signs may be placed only upon the property of the residence where the sale is being held or upon other residential property with permission of the owner or other person in charge of such, at the time of sale. No signs shall be placed within the area of any public lands or right-of-way. Any sign must contain the following information:
Removal of signs. All signs, no matter where placed, must be removed within 24 hours of the close of the rummage sale.
Penalty. Any person who violates or fails to comply with any provision of this section shall, on the first offense, be issued a warning. Upon conviction of a second offense thereof, a person shall forfeit not less than $50 nor more than $500, plus statutory surcharge, plus the costs of prosecution.