[HISTORY: Adopted by the Common Council of
the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 13.06 of the
1997 Code. Amendments noted where applicable.]
It shall be unlawful for any transient merchant
to engage in sales within the city without being registered for that
purpose as provided herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The City Clerk.
Includes 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 one year prior to the consideration
of the application of this chapter to said merchant, has continuously
operated an established place of business in the local trade area
among the communities bordering the place of sale; or has continuously
resided in the local trade area among the communities bordering the
place of sale and now does business from his or her residence.
Any activity offered for sale or sold to a prospective customer.
The sale of services includes donations required by the seller from
a donor or prospective customer in order to receive the offered services.
Any person who engages in the retail sale of merchandise or services 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, "person" means corporation, partnership, association, organization, individual, principal, agent or employee, alone or collectively as the case may be, with liability for compliance with the terms of this chapter being joint and several and imputed between any agent or employee and his or her principal or employer, though any exemption specified under § 237-3 below must be met in its terms by each individual or organization claiming the same, regardless of their acting in concert. 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 conducted by or for a resident farmer 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.
A.
The following shall be exempt from all provisions
of this chapter:
(1)
Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(2)
Any person selling merchandise at wholesale to dealers
in such merchandise.
(3)
Any person selling agricultural products which the
person has grown or livestock or fowl which the person has raised.
(4)
Any permanent merchant or employee thereof who takes
orders at the home of the buyer for merchandise or services regularly
offered for sale by such merchant within this county and who delivers
such merchandise or services in his or her regular course of business.
(5)
Any person who has an established place of business
where the merchandise or services 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 said person.
(6)
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.
(7)
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.
(8)
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 § 440.42, Wis. Stats. Any
charitable organization engaging in the sale of merchandise or services
and not registered under § 440.42, Wis. Stats., or which
is exempt from that statute's registration requirements, shall be
required to register under this chapter.
[Amended 12-15-1998 by Ord. No. 98-1526]
(9)
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 or she has conducted business in the market
area for at least one year prior to the date the complaint was made.
(10)
Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
(11)
Any ex-soldier of the United States holding a license
under § 440.51, Wis. Stats. who shall, while engaged in
the business as such merchant or peddler, carry the special license
and proof required for the issuance of such special license under
such chapter.
(12)
Trick-or-treaters on approved days for Halloween.
B.
Notwithstanding anything to the contrary set forth in this section, those persons specified as exempt from the terms of this chapter under Subsection A(3), (9) and (11) and who intend to engage in door-to-door sales of merchandise or services, and any person not otherwise subject to the terms of this chapter intending to engage in door-to-door solicitation of money or anything of monetary value, shall nonetheless be required in advance of such activity to provide to the Clerk some reasonable form of identification and two identical passport-sized photographs of such person and to obtain, without fee, and display on their person the merchant's identification tag required under § 237-7 below at all times while engaged in such door-to-door sales or solicitation. This subsection does not apply to resident minor children conducting door-to-door sales or solicitations on behalf of a charitable organization, including but not limited to the Boy Scouts of America, Girl Scouts of America, public and private schools and youth athletic leagues and associations.
A.
Applications.
(1)
Applicants for registration and license must complete
and return to the Clerk a registration form furnished by the Clerk,
which shall require the following information:
(a)
Name, date of birth, permanent address and telephone
number and temporary address, if any.
(b)
Age, height, weight and color of hair and eyes.
(c)
Name, address and telephone number of the person,
firm, association or corporation that the transient merchant represents
or is employed by or by whose merchandise or services are being sold.
(d)
Temporary address and telephone number from
which business will be conducted, if any.
(e)
Nature of the business to be conducted and a
brief description of the merchandise and any services offered.
(f)
Proposed methods of delivery of merchandise
or services, if applicable.
(g)
Make, model and license number of any vehicle
to be used by the applicant in the conduct of his or her business.
(h)
Most recent cities, villages and towns, not
to exceed three, where the applicant conducted his or her business.
(i)
Place where the applicant can be contacted for
at least seven days after leaving this city.
(j)
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, and the nature
of the offense and the place of conviction.
(k)
All places of residence for the applicant for
the previous two years.
(2)
All applications shall be signed and sworn to by the
applicant.
B.
Applicants shall present to the Clerk for examination:
(1)
In the case of door-to-door sales, a driver's license
or some other proof of identity as may be reasonably required and
two identical passport-sized photographs of the applicant.
(2)
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 be valid and
in effect, and to state that the applicant is apparently free from
any contagious or infectious disease.
C.
At the time the registration is returned, a registration license fee as set forth under Chapter 169, Licenses and Permits, shall be paid to the Clerk to cover the cost of processing said registration.
D.
The applicant shall sign a statement appointing the
Clerk or his or her 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.
A.
Upon receipt of each application, the Clerk may refer
it immediately to the City Police Department and such other city departments
whose duties are relevant to the application in the discretion of
the Clerk, which departments may make and complete an investigation
of the statements made in such registration.
B.
The Clerk shall refuse to register the application 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 most recent 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 § 237-4B above.
Any person refused or denied registration may
appeal the denial through the appeal procedure provided under the
provisions of §§ 69.07 through 68.16., Wis. Stats.
A.
Upon filing the application properly filled out and
in a proper case, a certificate as provided by this chapter, the Clerk
shall issue a license. All licenses shall be numbered in the order
in which they are issued and shall state clearly the place where the
business may be carried on, the kind of goods, services or solicitation
to be sold, disposed of or contracted for, the dates of issuance and
expiration of licenses, the fee paid and the name of the licensee.
Such licenses shall automatically expire on June 30 following the
date of issuance of such license.
B.
No license shall be granted to a person under 18,
and no applicant to whom a license has been refused or who has had
a license which has been revoked shall make further application until
a period of at least six months shall have elapsed since the last
previous rejection or revocation, unless the applicant can show the
reason for such rejection or revocation no longer exists.
C.
Every licensee, while exercising his or her license, shall post his or her license in a conspicuous place and shall exhibit the same upon demand of any officer, customer or prospective vendor. In addition, every licensee and each person specified in § 237-3B above shall display and wear on their outer garment in the upper left chest area a merchant's identification tag at all times while such licensee or person is selling or soliciting door-to-door. Such merchant's identification tag shall include one of the photographs provided by the licensee or person and shall specify the person's name, license or exemption number, date of expiration and shall otherwise be in a readily, identifiable size, color and format as prescribed by the Clerk. The Clerk shall maintain the other photograph provided by the licensee or person on file.
D.
A license shall not be assignable, and any holder of a license who permits it to be used by any other person shall be guilty of a violation of this chapter. Whenever a license shall be lost or destroyed, a duplicate may be issued by the Clerk upon filing an affidavit setting forth the circumstances of the loss, what, if any, search has been made for its recovery and upon the payment of a fee as stated in Chapter 169, Licenses and Permits.
[Amended 2-3-2009 by Ord. No. 2009-1966]
The license fee shall be paid to the City Treasurer upon making the application for a transient merchant's license and shall be as stated in Chapter 169, Licenses and Permits. In the case of door-to-door transient merchants, separate licenses and license fees are required for a principal transient merchant and each person acting as an employee or agent of such principal. A transient merchant license issued under this chapter shall entitle the licensee to sell as authorized in this chapter, except at the St. Martins Labor Day Fair. No transient merchant shall sell any merchandise or services at the St. Martins Labor Day Fair unless such merchant holds a valid transient merchant license and obtains a St. Martins Labor Day Fair license endorsement from the Clerk or designee upon payment of the license endorsement fee as set forth under Chapter 169, Licenses and Permits. If such license and/or endorsement is to be issued after the close of the Clerk's office and immediately prior to the St. Martins Labor Day Fair, an additional fee shall be charged as set forth under Chapter 169. Any person selling merchandise or services at the St. Martins Labor Day Fair shall also be subject to the regulations set forth under Chapter 203, St. Martins Fair. The license fee for a license under this chapter to permit transient merchant activities for one day only and only at the St. Martins Fair location as part of the St. Martins Fair, excepting the St. Martins Labor Day Fair, shall be as set forth under Chapter 169, Licenses and Permits, and § 203-3C of this Code.
On the expiration of the license, the licensee
shall surrender the same to the City Clerk. No person shall alter
or change any license issued under the provisions of this chapter.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from: calling
at any dwelling or other place between the hours of 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.
(2)
A transient merchant shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity or characteristics of any merchandise or services offered
for sale, the purpose of such merchant's visit, such merchant's identity
or the identity of the organization such merchant represents. A charitable
organization transient merchant shall specifically disclose what portion
of the sale price of the merchandise or services 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 or services.
(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 such merchant is conducting
business, and any foodstuffs offered for sale shall be kept well-covered
and protected from dirt, dust, insects and rodents.
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 such merchant's name, the name of the company or organization
such merchant is affiliated with, if any, and the identity of merchandise
or services such merchant offers to sell.
(2)
If any sale of merchandise or services is made by
a transient merchant, or any offer for the later delivery of merchandise
or services 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 or services, such merchant 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 guaranty or warranty is provided, and, if so, the terms
thereof.
The Chief or Police 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 License Committee,
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.
