[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Editor's Note: This ordinance also repealed former Ch.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:
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.
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The Village 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 goods by a donor or prospective customer.
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.
Any person who for at least six months prior to the consideration
of the application of this section to such 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.
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.
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 person licensed hereunder shall in hawking his or her wares
create such noise as is annoying to a person of ordinary sensibilities.
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.
