[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 11-5-1990 as §§ 12.04 and 12.10 of the 1990 Code. Amendments noted where applicable.]
No direct seller shall engage in direct sales within the Village without being registered for that purpose as provided herein.
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- Includes any benevolent, philanthropic or patriotic person, partnership, association or corporation, or one purporting to be such.
- The Village Clerk-Treasurer or any authorized deputy of such Clerk-Treasurer.
- DIRECT SELLER
- Any individual who, for himself or for a partnership, association or corporation, sells goods or takes sales orders for the later delivery of goods at any location other than the permanent business place or residence of such individual, partnership, association or corporation, and shall include, but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
- Includes personal property of any kind and shall include goods provided incidental to the services offered or sold.
The following shall be exempt from all provisions of this chapter:
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 his 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 selling or offering for sale a service unconnected with the sale or offering for sale of goods.
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-Treasurer 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 shall be required to register under this chapter.
Any person who claims to be a permanent merchant but against whom complaint has been made to the Clerk-Treasurer that such person is a transient merchant, provided that there is submitted to the Clerk-Treasurer proof that such person has leased for at least one year or purchased the premises from which he is conducting business or proof that such person has conducted such business in this Village for at least one year prior to the date the complaint was made.
Applicants for registration shall complete and return to the Clerk-Treasurer a registration form furnished by the Clerk-Treasurer which shall require the following information:
Name, permanent address and telephone number, and temporary address, if any.
Age, height, weight, and color of hair and eyes.
Name, address and telephone number of the person, firm, association or corporation 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 and any services offered.
Proposed method of delivery of goods, if applicable.
Name, model and license number of any vehicle to be used by the applicant in the conduct of his business.
Last cities, villages, and towns, not to exceed three, where the applicant conducted similar business.
Place where the applicant can be contacted for at least seven days after leaving this Village.
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.
Applicants shall present to the Clerk-Treasurer 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 the applicant's business requires use of weighing and measuring devices approved by state authorities.
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 registration is made.
At the time the registration is returned, the fee set by the Village Board shall be paid to the Clerk-Treasurer to cover the cost of processing such registration.
The applicant shall sign a statement appointing the Clerk-Treasurer as his agent to accept service of process in any civil action brought against him arising out of any sale or service performed by him in connection with his direct sales activities, in the event the applicant cannot, after reasonable effort, be served personally.
Upon receipt of each application, the Clerk-Treasurer may refer it immediately to the Chief of Police, who may make and complete an investigation of the statements made in such registration.
The Clerk-Treasurer shall refuse to register the applicant 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 § 147-4B.
Any person denied registration may appeal the denial through the appeal procedure provided by ordinance or resolution of the Village Board or, if none has been adopted, under the provisions of §§ 68.01 through 68.16, Wis. Stats.
A direct seller shall be prohibited from 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; 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 visit, his identity or the identity of the organization he represents. If a charitable organization, the 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 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 is conducting business.
After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of goods or services he 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 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(1)(a), (b) and (c), (2) and (3), Wis. Stats.
If the direct seller takes an order for the later delivery of goods, he shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, 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.
The Chief of Police shall report to the Clerk-Treasurer all convictions for violation of this chapter, and the Clerk-Treasurer shall note any such violation on the record of the registrant convicted.
Registration may be revoked by the Village Board after notice and hearing 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.
Written notice of the hearing shall be served personally on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of the hearing and a statement of the acts upon which the hearing will be based.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any registration issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.