[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 7, Ch. 4 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Flea markets and garage sales — See Ch. 163.
It shall be unlawful for any direct seller to engage in direct sales
within the Town of Cedarburg without being registered for that purpose as
provided herein.
In this chapter, the following terms shall have the meaning indicated:
Any benevolent, philanthropic, patriotic or eleemosynary person,
partnership, association or corporation, or one purporting to be such, but
shall not include religious organizations.
The Town of Cedarburg Clerk.
Any individual who, for him/herself, or for a partnership, association
or corporation, sells goods, takes sales orders for the later delivery of
goods, at any location other than the permanent business place or residence
of said individual, partnership, association or corporation, or solicits funds
for a charitable organization, 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.
Personal property of any kind and shall include goods provided incidental
to services offered or sold.
A direct seller who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
All humans of any age or sex, partnerships, corporations, associations,
groups, organizations and any other description of a collection of human beings
working in concert or for the same purpose or objective.
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 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, 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 veteran who holds a special state license issued
pursuant to § 440.51, Wis. Stats.
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 public solicitation or direct sales for or on behalf of said
organization, provided that the entire funds or proceeds from the sales go
and belong to the charitable organization and the solicitor is not compensated
for the solicitation.
J.
Any person who claims to be a permanent merchant, but
against whom complaint has been made to the Town Clerk that such person is
a transient merchant, provided that there is submitted to the Town Clerk 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 Town for at least one year prior to the date complaint
was made.
A.
Applicants for registration must complete and return
to the Town Clerk a registration form furnished by the Town Clerk which shall
require the following information:
(1)
Name, permanent address and telephone number, and temporary
address, if any.
(2)
Height, weight, color of hair and eyes, and date of birth.
(3)
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.
(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, and towns, not to exceed three,
where the applicant conducted similar business just prior to making this registration.
(9)
Place where the applicant can be contacted for at least
seven days after leaving this Town.
(10)
Statement as to whether applicant has been convicted
of any crime or ordinance violation related to applicant's transient merchant
business within the last five years, the nature of the offense and the place
of conviction.
B.
Applicants shall present to the Town 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 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, a fee as established
by resolution of the Town Board shall be paid to the Town Clerk to cover the
cost of investigation and processing said registration. Each and every member
of a group must file a separate registration form and pay said fee.
D.
The applicant shall sign a statement appointing the Town Clerk
his 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
the applicant cannot, after reasonable effort, be served personally.
E.
Upon payment of said fee and the signing of said statement, the Town Clerk shall register the applicant as a direct seller, date the entry and issue permits as hereafter provided. Said registration shall be valid for a period of one year from the date of entry, but each applicant must obtain and display a daily permit for each day that the applicant sells or solicits in the Town. The applicant may obtain the daily permit from the Town Clerk on the business day prior to the day the applicant sells or solicits in the Town, or on the day the applicant sells or solicits in the Town. The Town Clerk shall clearly indicate on said permit the date for which it is valid. No person shall sell or solicit in the Town unless that person displays a valid daily permit. Registration and permits are subject to subsequent refusal as provided in § 130-5B below.
F.
Every applicant who intends to take sales orders and down payments
for the later delivery of goods and services and is not a resident of Ozaukee
County, Wisconsin, or who is such a resident and represents a business or
organization whose principal place of business is located outside the State
of Wisconsin, shall file with the Clerk a surety bond for a term of one year
from the date of issuance of license, running to the Town, in the amount of
$5,000 with surety acceptable to the Town Clerk, conditioned that the applicant
comply with all applicable ordinances of the Town and statutes of the State
of Wisconsin regulating peddlers, canvassers, solicitors and transient merchants.
Such bond shall guarantee to any citizen of the Town that all money paid as
a down payment will be accounted for and applied according to the representations
of the seller and that the property purchased will be delivered according
to the representations of the seller. Action on such bond may be brought by
the person aggrieved and for whose benefit, among others, the bond is given.
The surety may, pursuant to a court order, pay the face amount of the bond
to the clerk of court in which suit is commenced and be relieved of all further
liability.
A.
Upon receipt of each application, the Town Clerk may
refer it immediately to law enforcement agencies serving the Town which may
make and complete an investigation of the statements made in such registration.
B.
The Town Clerk 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 § 130-4B above.
Any person denied registration may appeal the denial through the appeal
procedure provided by ordinance or resolution of the Town Board or, if none
has been adopted, under the provisions of §§ 68.01 through
68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A direct seller shall be prohibited from: calling at
any dwelling or other place between the hours of sunset 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 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/she represents. A direct seller is required
to wear at all times while selling a visible name tag furnished by the Town
that shall identify the seller by name and the name of the company for which
he/she is selling. 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.
Said portion shall be expressed as a percentage of the sale price of the goods.
(3)
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.
(4)
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.
(5)
No direct seller shall allow rubbish or litter to accumulate
in or around the area in which he is conducting business.
B.
Disclosure requirements.
(1)
After 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, in addition to wearing the name tag required in Subsection A(2).
(2)
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 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 direct seller takes a sales 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, 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.
Law enforcement officers shall report to the Town Clerk all convictions
for violation of this chapter and the Town Clerk shall note any such violation
on the record of the registrant convicted.
A.
Registration may be revoked by the Town 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.
B.
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 hearing and a statement of
the acts upon which the hearing will be based.
