[HISTORY: Adopted by the Village Board of the Village of
Fox Point as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 307 (§ 29.04 of the 1961 Code)]
No peddler, hawker, trucker, or solicitor, canvasser or transient
merchant shall refuse or fail to leave any private residence, business
establishment or office or other premises in the Village when requested
to do so by the owner, occupant or other person having authority over
such premises. This applies not only to a residence or other building
but also to all portions of a lot or parcel of land not occupied by
a building.
[Adopted 9-14-1993 (§§ 31.01 to 31.12 of the 1961 Code)]
A.
It shall be unlawful for any transient merchant to engage in sales
or sales activities within the Village of Fox Point without first
registering and obtaining a permit as provided herein.
When used in this article, the following terms shall have the
following meanings:
Includes any benevolent, philanthropic, patriotic, or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
The Village of Fox Point 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.
The sale of services includes donations required by the seller for
obtaining of services by a donor or prospective customer.
Any person who for at least one year prior to the consideration
of the application of this article to said merchant:
Any person who distributes literature, who is obtaining information
or opinions, who is seeking to obtain contributions of money, services,
property, or financial assistance of any kind, or who is attempting
to promote any cause or conviction.
Any person who engages in the retail sale of merchandise
or services at any place in this state temporarily, and who does not
intend to become and does not become a permanent occupant of such
place.
The following shall be exempt from registration and permit under §§ 417-2A and 417-5 of this article:
A.
Any person delivering newspapers, fuel, dairy products, laundry, or bakery goods, or other goods or services requested by regular customers on established routes. A person under this exemption shall be free of the time restrictions in § 417-9A(1);
B.
Any person selling merchandise wholesale to dealers in such merchandise. A person under this exemption shall be free of the time restrictions in § 417-9A(1);
C.
Any permanent merchant or employee thereof who takes orders away
from the established place of business for merchandise regularly offered
for sale by such merchant within this county and who delivers such
merchandise in his/her regular course of business;
D.
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;
E.
Any person who has had, or one who represents a company which has
had, a prior business transaction for the same or similar goods or
services, such as a prior sale or credit arrangement, with the prospective
customer;
F.
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;
G.
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 Fox Point Police Department proof that
such charitable organization is registered under § 440.42,
Wisconsin Statutes. Any charitable organization engaging in the sale
of merchandise or services and not registered under § 440.41,
Wisconsin Statutes, or which is exempt from that statute's registration
requirements, shall be required to register and obtain permits under
this article;
H.
Any person holding an occasional rummage, household or estate sale
on his or her own property;
I.
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 has conducted business
in the Village for at least one year prior to the date the complaint
was made;
J.
Any person selling or offering for sale on behalf of a nonprofit
organization sponsored by or affiliated with any public, private,
or parochial school located within the Village or immediately adjacent
municipalities;
K.
Any person selling or offering for sale on behalf of a civic nonprofit
organization sponsored by or affiliated with an athletic sport, if
such organization has members who are residents of Fox Point.
L.
Transient merchants may be exempt from this article upon specific
authorization of the Village Board only for special events sponsored
by the Village of Fox Point or sponsored for its behalf.
[Amended 11-11-2014 by Ord. No. 2014-08; 3-13-2018 by Ord. No. 2018-01]
A.
Applicants for registration must complete and return a registration
form furnished by the Village of Fox Point Village Clerk, which shall
require the following information:
(1)
Name, permanent address, telephone number, and temporary address,
if any.
(2)
Height, weight, color of hair and eyes, and date of birth.
(3)
Name, address, and phone number of the person, firm, association
or corporation that the transient merchant represents or is employed
by, or whose merchandise or services are 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/her business.
(8)
Most recent cities, villages, and towns, not to exceed three, where
the applicant conducted similar business just prior to making this
registration.
(9)
Place where applicant may be contacted for at least seven days after
leaving this Village.
(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, and the nature of the
offense and the place of conviction.
(11)
Such additional information as the Fox Point Police Department
shall require for the effective enforcement of this article and the
safeguarding of the residents of the Village from fraud, misconduct,
or abuse.
B.
Applicants shall present to the Village Clerk for examination:
(1)
A driver's license or some other proof of identity as may be
reasonably required to verify the applicant's identity.
(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
permit is made.
C.
At the time the registration is returned, a fee, as provided in Chapter 63, Fees, shall be paid to the Village Clerk to cover the cost of processing said registration.
D.
The applicant shall sign a statement appointing the Clerk/Treasurer
or 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 the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the Police Department shall make
and complete an investigation of the statements made in such registration.
The Chief of Police, or his/her designee, shall endorse approval or
disapproval upon said application within 72 hours after the investigation
has been completed.
B.
The Police Department 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; any complaint of a material nature has been received against the applicant by authorities in any of the most recent cites, 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 § 417-5 above.
C.
If the applicant's registration is approved, the Police Department
shall immediately register the applicant. Registration is valid from
date of issuance to the following May 31.
Any person denied registration may appeal the denial through
the appeal procedure provided by the Fox Point Board of Appeals.
B.
Permits shall be consecutively numbered, shall bear the name of the
Village, the words "Transient Merchant's Permit," the name and
address of the permit holder, and if said permit holder is employed
by another, the name and address of the employer, the date of expiration
of the permit, and such further information as the Police Department
shall require for the effective enforcement of this article.
C.
Every person to whom a permit has been issued pursuant to this article
shall at all times while engaging within the Village in the activities
permitted have such permit upon his/her person, and on request of
any police officer or any person contacted within the Village in the
course of conducting the permitted activity shall exhibit the permit
to whomever person making a request therefor.
D.
No permit holder shall in any respect alter or mutilate the permit
or allow the same nor use the same.
E.
No permit holder shall loan his permit to another person or permit
any other person to make any use whatsoever of his/her permit.
F.
No person shall use a permit not issued to him/her, nor shall any
person use a permit after the expiration date or revocation.
G.
No permit holder whose permit has been revoked shall make application
for a permit until a period of at least six months has elapsed since
the last previous revocation unless he or she can show that the reason
for such rejection or revocation no longer exists.
A.
Prohibited practices.
(1)
A transient merchant and a solicitor shall be prohibited from: calling
at any dwelling or other place between the hours of 9:00 p.m. and
9:00 a.m. except by appointment; calling at any time at any dwelling
or other place where a sign is displayed bearing the words "No Peddlers,"
"No Solicitors," "No Trespass," or words of a similar meaning; calling
at any time at any door other than the front 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 transient merchant and a solicitor shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity, or characteristics of any merchandise or services offered
for sale, the purpose of his/her visit, his/her identity or the identity
of the organization he/she represents. A charitable organization transient
merchant shall specifically disclose what portion of the sale price
of merchandise or services 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 or services.
(3)
No transient merchant or solicitor shall impede the free use of sidewalks
and streets by pedestrians and vehicles. All traffic and parking regulations
shall be observed.
(4)
No transient merchant or solicitor shall make any loud noises or
use any sound-amplifying device to attract customers or attention
if the noise produced is capable of being plainly heard outside a
one-hundred-foot radius of the source.
(5)
No transient merchant or solicitor shall allow rubbish or litter
to accumulate in or around the area in which he/she is visiting.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement is made
to a prospect, a transient merchant and a solicitor shall expressly
disclose his/her name, the name of the company or organization he/she
is affiliated with, if any, and the reason or nature of solicitation
and/or the product or service for sale.
(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,
Wisconsin Statutes; 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), Wisconsin Statutes.
(3)
If the transient merchant takes a sales order for the later delivery
of merchandise or services, he/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 balance owing, 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 Chief of Police shall report to the Clerk/Treasurer all
complaints and convictions for violation of this article and the Clerk/Treasurer
shall note such complaints and convictions on the record of the permit
holder.
A.
Registration and the permit may be revoked by the Chief of Police
after notice and a hearing, if the permit holder 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 article, or was convicted of
any crime or ordinance or statutory violation which is directly related
to the permit holder's fitness to engage in selling.
B.
Written notice of the hearing shall be served personally upon the permit holder or pursuant to § 417-5D above on the permit holder 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. Appeal may be taken to the Fox Point Board of Appeals.
Any person adjudged in violation of any provision of this article
shall forfeit not less than $25 nor more than $1,500 for each violation,
per day, plus costs of prosecution. Each violation shall constitute
a separate offense.
