[HISTORY: Adopted by the Village Board of the Village of Wrightstown 8-19-2014 by Ord. No. 08192014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 123.
[1]
Editor's Note: This ordinance also repealed former Ch. 143, Peddlers, Solicitors and Transient Merchants, adopted 10-5-1976 by Ord. No. 1-76 as §§ 12.06 and 12.15 of the 1976 Code, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER OR SOLICITOR
A person who goes from place to place within the Village soliciting orders for the future delivery of property or for services to be performed in the future. It includes any person who occupies any place within the Village for the purpose of exhibiting samples and taking orders for future delivery.
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.
CLERK-TREASURER
The Village Clerk-Treasurer.
MERCHANDISE
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.
PEDDLER
A person who goes from place to place within the Village offering for sale property which he or she carries with him or her. It includes vendors who distribute their products to regular customers on established routes.
PERMANENT MERCHANT
Any person who for at least six months prior to the consideration of the application of this section to such merchant:
A. 
Has continuously operated an established place of business in the local trade area among the communities bordering the place of sale; or
B. 
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.
TRANSIENT MERCHANT
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 section, "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. 
Registration required. No transient merchant shall engage in sales within the Village without being registered for that purpose as provided herein. Exemptions are listed in § 143-3.
B. 
Registration.
(1) 
Applicants for registration must complete and return to the Clerk-Treasurer a registration form furnished by the Clerk-Treasurer, which shall require the following information:
(a) 
Name, permanent address and telephone number and temporary address, if any.
(b) 
Age, height, weight, 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 whose merchandise is being sold.
(d) 
Temporary address and telephone number from which business will be conducted, if any.
(e) 
Nature of business to be conducted and a brief description of the merchandise and any services offered.
(f) 
Proposed methods of delivery of merchandise, 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 applicant conducted his or her business.
(i) 
Place where applicant can be contacted for at least seven days after leaving the Village.
(j) 
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.
(2) 
Applicants shall present to the Clerk-Treasurer for examination:
(a) 
A driver's license or some other proof of identity as may be reasonably required.
(b) 
A state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by state authorities.
(c) 
A state health officer's certificate where 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 license is made.
(3) 
At the time the registration is returned, the fee in Chapter 102, Fees and Penalties, shall be paid to the Clerk-Treasurer to cover the cost of processing such registration.
(4) 
The applicant shall sign a statement appointing the Clerk-Treasurer 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.
(5) 
Upon payment of such fee and the signing of such statement, the Clerk-Treasurer shall register the applicant as a transient merchant within six working days and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Subsection E(2) below.
C. 
Investigation.
(1) 
Upon receipt of each application, the Clerk-Treasurer may refer it immediately to the Police Chief, who may make and complete an investigation of the statements made in such registration. The Police Chief shall have five working days to complete his or her investigation.
(2) 
The Clerk-Treasurer shall refuse to register the applicant if it is determined, pursuant to the investigation above, that:
(a) 
The application contains any material omission or materially inaccurate statement;
(b) 
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;
(c) 
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
(d) 
The applicant failed to comply with any applicable provision of Subsection D(2) above.
D. 
Appeal. Any person refused or 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 W.S.A. §§ 68.07 through 68.16.
E. 
Regulation of transient merchants.
(1) 
Prohibited practices.
(a) 
A transient merchant shall be prohibited from:
[1] 
Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m., except by appointment.
[2] 
Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning.
[3] 
Calling at the rear door of any dwelling place.
[4] 
Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
(b) 
A transient merchant shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or characteristics of any merchandise offered for sale, the purpose of his or her visit, his or her identity or the identity of the organization he or she represents. A charitable organization transient merchant shall specifically disclose what portion of the sale price of the merchandise 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 merchandise.
(c) 
No transient merchant shall make sales on Village property in the Village right-of-way, on sidewalks or in Village streets. The Clerk-Treasurer will provide applicants with a map showing the Village right-of-way.
(d) 
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.
(e) 
No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he or she is conducting business.
(f) 
If the transient merchant intends to sell merchandise from private property out of doors during events where large numbers of people (1,000 or more) are involved, the property owner must secure a liability policy in the sum of $1,000,000 protecting the Village from any claims or lawsuits. The owner of the property should also execute a hold harmless agreement with the Village protecting the Village.
(g) 
No transient merchant may use the permit number nor the Village in their ads.
(2) 
Disclosure requirements.
(a) 
After the initial greeting and before any statement is made to a prospective customer, a transient merchant 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 merchandise or services he or she offers to sell.
(b) 
If any sale of merchandise is made by a transient merchant or any offer for the later delivery of merchandise 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 $525 in accordance with the procedure as set forth in W.S.A. § 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. § 423.203(1)(a), (b) and (c) and (2) and (3).
(c) 
If the transient merchant takes a sales order for the later delivery of merchandise, 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.
F. 
Records. The Police Chief shall report to the Clerk-Treasurer all convictions for violation of this section, and the Clerk-Treasurer shall note any such violation on the record of the registrant convicted.
G. 
Revocation of registration.
(1) 
Registration may be revoked by the Village Board 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 section; or was convicted of any crime or ordinance or statutory violation which is directly related to the registrant's fitness to engage in selling.
(2) 
Written notice of the hearing shall be served personally or pursuant to Subsection D(4) above 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.
H. 
Penalty. Any person adjudged in violation of any provision of this section shall be punishable as provided in Chapter 102, Fees and Penalties. Each violation shall constitute a separate offense.
No license shall be required hereunder of the following:
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 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 their 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 such 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, religious, patriotic or philanthropic 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 W.S.A. § 440.42. Any charitable organization engaging in the sale of merchandise and not registered under W.S.A. § 440.42 or which is exempt from that statute's registration requirements shall be required to register under this section.
J. 
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 or she has conducted business in the market area for at least six months prior to the date the complaint was made.
K. 
Any individual licensed by an examining board as defined in W.S.A. § 15.01(7).
L. 
This section does not apply to transient merchants while doing business at special events authorized by the Village Board.
M. 
Business sales and trade shows not open to the public are exempt.
N. 
Children under 18 years of age who are residents of the Village.
O. 
A veteran holding a special state license under W.S.A. § 440.51, but he or she shall comply with §§ 143-7, 143-8 and 143-9.
At the time of filing his or her application the applicant shall pay to the Village Clerk-Treasurer the amount set forth in Chapter 102, Fees and Penalties, to cover the cost of a records check of the facts stated in the application.
The Chief of Police shall cause the applicant, and the facts stated in the applicant's application, to have completed a records check and shall within five days return the application to the Village Clerk-Treasurer with his or her endorsement approving or disapproving the application.
Every applicant who is not a resident of Brown County or who represents a firm whose principal place of business is located outside of the state shall file with the Village Clerk-Treasurer a surety bond in the amount of $500, approved by the Village President, conditioned that the applicant will comply with all provisions of the ordinances of the Village and the state laws regulating peddlers, canvassers, solicitors and transient merchants, and guaranteeing to any person doing business with the licensee that all money paid as a down payment will be accounted for and applied according to the representations of the licensee. Action on such bond may be brought by any person aggrieved.
No licensee shall use the public streets or sidewalks for purposes of sales in such a manner as to impede or inconvenience the public use of the streets or sidewalks.
Any person licensed hereunder shall carry his or her license with him or her while engaged in licensed activities, and shall display such license to any officer of the Village or any person with whom he or she seeks to do business upon request.
Any person who shall violate any provision of this chapter or who shall fail to obtain a license or permit as required hereunder shall, unless otherwise indicated, be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18.