[HISTORY: Adopted by the Common Council of the City of Manawa as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-1993 as Title 7, Ch. 4 of the 1989
Code of Ordinances]
[1]
Note: This article is based on a model ordinance prepared by the Office
of Consumer Protection of the Department of Justice. This article conforms
to the repeal of W.S.A. s. 440.85 and the uniform state plan recommended by
the Department of Justice. Religious, patriotic, philanthropic or other organizations
currently exempted from registration as charitable organizations under W.S.A.
s. 440.41 are no longer exempt from registration under this article.
It shall be unlawful for any direct seller to engage in direct sales
within the City of Manawa without being registered 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 or one purporting to be such, but
shall not include religious organizations.
The City of Manawa Clerk-Treasurer.
Any individual who, for him/herself 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 said 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.
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 article 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 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
his or her 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 person selling or offering for sale a service unconnected
with the sale or offering for sale of goods.
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 said organization, provided
that there is submitted to the City Clerk-Treasurer proof that such charitable
organization is registered under W.S.A. s. 440.41. If the charitable organization
is exempt from that statute's registration requirements, it shall be
required to register under this article. It is intended to include any employee,
officer, agent or member of any local charitable organization having a local
group or association.
[Amended 1-3-2000]
J.
Any person who claims to be a permanent merchant but
against whom complaint has been made to the City Clerk-Treasurer that such
person is a transient merchant, provided that there is submitted to the City
Clerk-Treasurer 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 city for at least one
year prior to the date complaint was made.
A.
Registration information. Applicants for registration
must complete and return to the City Clerk-Treasurer a registration form furnished
by the Clerk-Treasurer 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 the applicant in the conduct of his or her business.
(8)
Last cities, villages or 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 city.
(10)
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.
B.
Identification and certification. Applicants shall present
to the City Clerk-Treasurer 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 shall state that the applicant is apparently
free from any contagious or infectious disease and shall be dated not more
than 90 days prior to the date the application for license is made.
C.
Registration fee.
(1)
At the time the registration is returned, a fee of $20
shall be paid to the City Clerk-Treasurer to cover the cost of processing
said registration. Each and every member of a group must file a separate registration
form.
[Amended 1-3-2000; 5-15-2006]
(2)
The City of Manawa shall charge and the City Clerk-Treasurer
and/or Police Chief shall collect a fee of $20 for each applicant
applying for license for a direct seller permit. The permit shall be issued
for a period of 1 to 7 days. Each additional 7 days shall be an additional
fee of $10. This fee shall apply to each seller for each organization.
[Added 9-16-1996; amended 5-15-2006]
(3)
The applicant shall sign a statement appointing the City
Clerk-Treasurer his/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.
(4)
Upon payment of said fee and the signing of said statement,
the City Clerk-Treasurer shall register the applicant as a direct seller and
date the entry. Said registration shall be valid for a period of one year
from the date of entry, subject to subsequent refusal as provided in § 245-5B
below.
A.
Upon receipt of each application, the City 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.
B.
The City 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 § 254-4B above.
Any person denied registration may appeal the denial through the appeal
procedure provided by ordinance or resolution of the Common Council or, if
none has been adopted, under the provisions of W.S.A. ss. 68.07 through 68.16.
A.
A direct seller shall be prohibited from calling at any
dwelling or other place between the hours of 6:00 p.m. and 9:00 a.m. in the
winter and after daylight hours in the summer 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.
[Amended 5-15-2006]
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 or her visit, his or her
identity or the identify of the organization he or 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. Said 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. Where sales are made from vehicles,
all traffic and parking regulations shall be observed.
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 or she is conducting business.
A.
After the initial greeting and before any other statement
is made to a prospective customer, a direct seller shall expressly disclose
his or her name, the name of the company or organization he or she is affiliated
with, if any, and the identity of goods or services he or 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 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 W.S.A. s. 423.203. 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 W.S.A. s. 423.203(1)(a), (b) and (c), (2) and (3).
C.
If the direct seller takes a sales order for the later
delivery of goods, he or 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 guaranty or warranty is provided and, if so,
the terms thereof.
The Chief of Police shall report to the City Clerk-Treasurer all convictions
for violation of this article, and the City Clerk-Treasurer shall note any
such violation on the record of the registrant convicted.
A.
Registration may be revoked by the Common Council 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 article 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.
[Adopted 10-18-1993 as Title 7, Ch. 9 of the 1989
Code of Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
All general sales open to the public, conducted from or on a residential
premises, for the purpose of disposing of personal property, including but
not limited to all sales titled "rummage, lawn, yard, porch, room, backyard,
patio or garage sale."
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.
Garage sales shall be conducted between 7:30 a.m. and 8:00 p.m. Each
sale shall last no longer than four consecutive days.
A.
Garage sale signs may not have an area more than six
square feet with a maximum of two faces. Garage sale signs shall identify
the location of the sale and must be located off of the city right-of-way.
B.
No garage sale sign may be located on utility poles,
traffic control devices or on property or the adjoining right-of-way of property
the owner of which has not given explicit permission for its location.
C.
No garage sale sign shall be displayed more than one
day before the sale or one day following the sale.
D.
No more than one garage sale sign may be located at the
sale site, and no more than four garage sale signs may be located off the
site, except that two signs are permitted on corner lots, one facing each
street.
