[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)]
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:
- CHARITABLE ORGANIZATION
- 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.
- PERMANENT MERCHANT
- 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.
- TRANSIENT MERCHANT
- 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:
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);
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);
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;
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;
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;
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;
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;
Any person holding an occasional rummage, household or estate sale on his or her own property;
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;
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;
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.
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.
Applicants for registration must complete and return to the Fox Point Police Department a registration form furnished by the Police Department, which shall require the following information:
Name, permanent address, telephone number, and temporary address, if any;
Height, weight, color of hair and eyes, and date of birth;
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;
Temporary address and telephone number from which business will be conducted, if any;
Nature of business to be conducted and a brief description of the merchandise offered and any services offered;
Proposed method of delivery of merchandise, if applicable;
Make, model, and license number of any vehicle to be used by the applicant in the conduct of his/her business;
Most recent cities, villages, and towns, not to exceed three, where the applicant conducted similar business just prior to making this registration;
Place where applicant may be contacted for at least seven days after leaving this Village;
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.
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.
Applicants shall present to the Police Department for examination:
A driver's license or some other proof of identity as may be reasonably required by the Chief of Police or his/her designee;
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;
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 for permit is made.
The applicant shall sign a statement appointing the Clerk/Treasurer 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.
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.
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.
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.
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.
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.
No permit holder shall in any respect alter or mutilate the permit or allow the same nor use the same.
No permit holder shall loan his permit to another person or permit any other person to make any use whatsoever of his/her permit.
No person shall use a permit not issued to him/her, nor shall any person use a permit after the expiration date or revocation.
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 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.
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.
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.
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.
No transient merchant or solicitor shall allow rubbish or litter to accumulate in or around the area in which he/she is visiting.
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.
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.
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.
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.
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.