[HISTORY: Adopted by the Village Board of
the Village of Waterford 10-9-2006 by Ord. No. 503. Amendments noted where
applicable.]
[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:
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.
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.
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.
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.
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.
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.[1] 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.
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:
A.
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
B.
Any person selling goods at wholesale to dealers in such goods.
C.
Any person selling agricultural products which such person has grown.
D.
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.
E.
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.
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 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.
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 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.
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 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.
K.
Special event vendors. Special event vendors, as defined in § 182-2, are exempt from the provisions of this article, except:
(1)
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.)
(2)
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.
L.
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.
M.
A person who has a current statewide peddler's license for ex-soldiers
as provided in § 440.51, Wis. Stats.
A.
Applicants for permits shall complete and return to the Clerk an
application form furnished by the Clerk which shall require the following
information:
(1)
Name, permanent address and telephone number, and temporary address,
if any.
(2)
Age, height, weight, color of hair and eyes.
(3)
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.
(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
goods offered and any services offered.
(6)
Proposed method of delivery of goods, 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, towns, not to exceed three, where applicant
conducted similar business.
(9)
Place where 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 related to applicant's direct seller activities
within the last five years; the nature of the offense and the place
of conviction.
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 applicant's business requires use
of weighing and measuring devices approved by state authorities.
(3)
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]
(4)
A current seller's permit issued by the Wisconsin Department
of Revenue, if applicable.
(5)
Information reasonably necessary to investigate other licensing required
by the state for the type of direct sales activities intended by the
applicant.
C.
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.
D.
Bond.
(1)
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.
(2)
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.
(3)
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.
(4)
The applicant is not required to provide the surety bond until the
application is approved.
E.
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.
A.
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.
B.
The Clerk shall refuse to issue the permit 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 last 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 within the last five years, the nature of which is directly
related to the applicant's fitness to engage in direct selling;
or
C.
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).
D.
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.
A direct seller shall be prohibited from:
(1)
Calling at any dwelling or other place between 9:00 p.m. and 9:00
a.m. except by appointment;
(2)
Calling at any dwelling or other place where a sign is displayed
bearing the words "No Peddlers," "No Solicitors" or words of similar
meaning;
(3)
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.
B.
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.
C.
No direct seller shall impede the free use of sidewalks and streets
by pedestrians and vehicles.
(1)
Where sales are made from vehicles, all traffic and parking regulations
shall be observed.
(2)
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.
(3)
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.
(4)
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.
(5)
No direct seller may conduct business within 10 feet of a fire hydrant
or within 20 feet of a driveway or crosswalk.
(6)
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.
D.
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.
E.
No direct seller shall allow rubbish or litter to accumulate in or
around the area in which he/she is conducting business.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
B.
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.
A.
PERSONAL PROPERTY
RUMMAGE SALE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
B.
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.
C.
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.
D.
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:
E.
Removal of signs. All signs, no matter where placed,
must be removed within 24 hours of the close of the rummage sale.
F.
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.
