[HISTORY: Adopted by the Village Board of
the Village of Belgium 1-12-2004 by Ord. No. 3-04. Amendments noted where
applicable.]
It shall be unlawful for any transient merchant
to engage in sales within the Village of Belgium 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 Clerk.
[Amended 3-8-2010 by Ord. No. 2-10]
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.
Any person who, for at least one year prior to the consideration
of the application of this chapter to said merchant, has continuously
operated an established place of business in the Village or has continuously
resided in the Village and now does business from his/her residence.
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 chapter, "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.
A.
The following shall be exempt from all provisions
of this chapter:
(1)
Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(2)
Any person selling merchandise at wholesale to dealers
in such merchandise.
(3)
Any person selling agricultural products which the
person has grown.
(4)
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.
(5)
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.
(6)
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.
(7)
Any person selling or offering for sale a service
unconnected with the sale or offering for sale of merchandise.
(8)
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.
(9)
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 Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
(10)
Any person who claims to be a permanent merchant but
against whom complaint has been made to the Village Clerk that such
person is a transient merchant, provided that there is submitted to
the Clerk 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 least one year prior to the date the complaint
was made.
[Amended 3-8-2010 by Ord. No. 2-10]
(11)
Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
B.
This chapter does not apply to transient merchants
while doing business at special events authorized by the Village Board.
[Amended 3-8-2010 by Ord. No. 2-10]
A.
Applicants for registration must complete and return
to the Village Clerk a registration form furnished by the Village
Clerk which shall require the following information:
(1)
Name, permanent address and telephone number, and
temporary address, if any.
(2)
Age, height, weight, and color of hair and eyes.
(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 and any services offered.
(6)
Proposed methods 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 his/her business.
(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 and the nature of the
offense and the place of conviction.
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.
(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.
At the time the registration is returned, a fee as
set by the Village Board shall be paid to the Village Clerk to cover
the cost of processing said registration.
D.
The applicant shall sign a statement appointing the
Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
A.
Upon receipt of each application, the Village Clerk
may refer it immediately to the Village Marshal, who may make and
complete an investigation of the statements made in such registration.
B.
The Village Clerk shall refuse to register the applicant
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 most recent 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 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 §§ 68.07 through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A transient merchant 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 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.
(2)
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/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 the 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/she 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/her name, the name of the company or organization he/she
is affiliated with, if any, and the identity of merchandise or services
he/she offers to sell.
(2)
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 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/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.
[Amended 3-8-2010 by Ord. No. 2-10]
The Village Marshal shall report to the Village
Clerk all convictions for violation of this chapter, and the Village
Clerk 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 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 chapter or was convicted of any crime or ordinance or statutory
violation which is directly related to the registrant's fitness to
engage in soiling.
Any person adjudged in violation of any provision
of this chapter shall forfeit not less than $25 nor more than $1,000
for each violation per day plus costs of prosecution. Each violation
shall constitute a separate offense.
