[HISTORY: Adopted by the Village Board of the Village of New Glarus
1-18-2000 by Ord. No. 99-14 as Title 7, Ch. 4 of the 2000 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 198.
It shall be unlawful for any transient merchant to engage in direct
sales within the Village of New Glarus 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 Village of New Glarus Clerk-Treasurer or Deputy Clerk-Treasurer.
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 merchandise 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:
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.
Any individual who engages in the retail sale of merchandise 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 definition,
"sale of merchandise" includes a sale in which the personal services rendered
upon or in connection with the merchandise constitute 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.
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 merchandise at wholesale to dealers
in such merchandise.
C.
Any person selling Wisconsin agricultural products which
the person has grown.
D.
Any permanent merchant or employee thereof who takes
orders at the home of the buyer for merchandise regularly offered for sale
by such merchant within this county and who delivers such merchandise in his
regular course of business.
E.
Any person who has an established place of business where
the merchandise being sold is 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 merchandise.
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 or solicitation for or on behalf of said organization,
provided that there is submitted to the Village Clerk-Treasurer proof that
such charitable organization is registered under § 440.42, Wis.
Stats. Any charitable organization engaging in the sale of merchandise 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.
J.
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Village Clerk-Treasurer that such
person is a transient merchant, provided that there is submitted to the Village
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 Village for at least
one year prior to the date complaint was made.
K.
Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
L.
Transient merchants while doing business at special events
authorized by the Village Board.
M.
The following persons and organizations who or which are now established in the Village, provided that such persons and organizations first register with the Clerk-Treasurer pursuant to § 274-4, such registration being permanent and exempt of any fees:
(1)
Swiss United Church of Christ.
(2)
Shepherd of the Hills Church.
(3)
New Glarus Bible Baptist Church.
(4)
Jaycees.
(5)
Jaycettes.
(6)
Lions Club.
(7)
Boy Scouts.
(8)
Girl Scouts.
(9)
Masons.
(10)
G.U.G.G.
(11)
Village of New Glarus.
(12)
Legion.
(13)
Legion Auxiliary.
(14)
New Glarus Public Schools.
(15)
New Glarus Bible Baptist Church School.
(16)
4-H.
(17)
Chamber of Commerce.
(18)
New Glarus EMS.
(19)
New Glarus Fire Department.
(20)
Eagles.
(21)
Senior Citizens.
(22)
Eastern Star.
N.
Any person who has paid the appropriate fees to either
the Heidi Food and Craft Fair or the Wilhelm Tell Art Fair for space at their
respective stands during the Heidi or Wilhelm Tell Festivals.
A.
Registration information. Applicants for registration
must complete and return to the Village 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 transient merchant 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 merchandise offered and any services offered.
(6)
Proposed method of delivery of merchandise, if applicable.
(7)
Make, model and license number of any vehicle to be used
by the applicant in the conduct of his 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 Village.
(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 Village 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 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 license is made.
C.
Registration fee.
(1)
At the time of filing applications, a registration fee
as set by the Village Board shall be paid to the Village Clerk-Treasurer to
cover the cost of investigation of the facts stated in the applications and
for processing said registration. Every member of a group must file a separate
registration form.
(2)
The applicant shall sign a statement appointing the Village
Clerk-Treasurer 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.
(3)
Every applicant shall pay a license fee per day as set
by the Village Board.
(4)
Upon payment of said fees and the signing of said statement, the Village Clerk-Treasurer shall register the applicant as a transient merchant 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 § 274-5B below.
A.
Upon receipt of each application, the Village Clerk-Treasurer
shall refer it immediately to the Police Department for an investigation of
the statements made in such registration, said investigation to be completed
within five days from the time of referral.
B.
The Village Clerk-Treasurer shall refuse to register
the applicant and issue a 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
Any person denied registration may appeal the denial through the appeal
procedure provided by ordinance or resolution of the Village Board[1] or, if none has been adopted, under the provisions of §§ 68.01
through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from:
(a)
Calling at any dwelling or other place between the hours
of 9:00 p.m. and 8:00 a.m. except by appointment;
(b)
Calling at any dwelling or other place where a sign is
displayed bearing the words "No Peddlers," "No Solicitors" or words of similar
meaning;
(c)
Calling at the rear door of any dwelling place; or
(d)
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 character
of any merchandise offered for sale, the purpose of his visit, his identity
or the identity of the organization he represents. A charitable organization
transient merchant shall specifically disclose what portion of the sale price
of merchandise 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.
(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 he is conducting business.
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
his name, the name of the company or organization he is affiliated with, if
any, and the identity of merchandise or services he offers to sell.
(2)
If any sale of merchandise is made by a transient merchant
or any sales order for the later delivery of merchandise 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, 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.
The Police Department shall report to the Clerk-Treasurer all convictions
for violations of this chapter, and the Clerk-Treasurer shall note any such
violation on the record of the registrant convicted.
A.
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.
