[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 7, Ch. 4, of the former City Code. Amendments noted where
applicable.]
It shall be unlawful for any transient merchant, direct seller
or charitable solicitor to engage in direct sales or solicitation
activities within the City of Prescott without being registered for
that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual who engages in the soliciting of services
at any place in this City temporarily, and who does not intend to
become a permanent merchant of such place.
Any goods or services offered for sale.
Any person who has registered as a permanent business at
a fixed address.
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
Any individual selling agricultural products.
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily, and who does not intend to
become a permanent merchant of such place.
The following shall be exempt from all provisions of this chapter:
A.
Regular delivery routes. Any person delivering newspapers or fuel
to regular customers on established routes.
B.
Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise.
C.
Deliveries by permanent merchants. 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.
D.
Requested home visits. 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.
Prior sales transactions. 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.
F.
Auctions; sales authorized by statute. 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.
Charitable organizations; limited exemption. Any employee, officer
or agent of a charitable organization who engages in direct sales
for or on behalf of said organization shall be exempt from fees imposed
by this chapter, provided that there is submitted to the City Administrator
proof that such charitable organization is registered under § 440.42,
Wis. Stats., and the charitable solicitors register with the City
under this chapter. 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.
H.
Alleged transient merchants. Any person who claims to be a permanent
merchant but against whom complaint has been made to the City Administrator
that such person is a transient merchant.
I.
Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
J.
City authorized events. Transient merchants, direct sellers, charitable
solicitors and produce vendors are required to follow the guidelines
of the special event's organizers as authorized by the Common Council.
K.
Resident minors. Minors under the age of 18 who are residents of
the Prescott Area School District.
L.
Repair service. Any repair service, including contractors, mechanical,
electrical and plumbing repair, roofing companies, etc., contracted
by the occupant or the premises to provide a service. This does not
include contractors of any of the services previously mentioned who
solicit business on a door-to-door basis.
M.
Parcel delivery service. Any delivery service such as UPS or RPS
(these are examples but not limited to such examples).
A.
Registration information. Applicants for registration must complete
and return to the City Administrator a registration form furnished
by the Administrator which shall require the following information:
(1)
Name, permanent address and telephone number, and temporary address,
if any;
(2)
Height, weight, color of hair and eyes, and date of birth;
(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 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 applicant
in the conduct of his business;
(8)
Last cities, villages, towns, not to exceed three, where applicant
conducted similar business just prior to making this registration;
(9)
Place where applicant can be contacted for at least seven days after
leaving this City;
(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, the nature of the offense
and the place of conviction.
B.
Identification and certification. Applicants shall present to the
City Administrator for examination:
(1)
A driver's license or some other governmental picture identification,
social security number as may be reasonably required;
(2)
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;
(3)
A county health officer's certificate where applicant's
business involves the handling of food is required within 30 days
of application with the City.
C.
Registration fee.
(1)
At the time of filing applications, a fee as prescribed in the City's
fee schedule[1] shall be paid to the City Administrator to cover the cost
of investigation of the facts stated in the application and for processing
said registration. Every member of a group must file a separate registration
form. The primary applicant shall pay the registration fee, plus a
CIB investigation fee; each assistant under the application shall
also be required to pay the CIB fee.
[1]
Editor's Note: The current fee schedule is on file in the
City Clerk's office.
(2)
Upon payment of the fee and the signing of said statement, the City Administrator shall register the applicant as a transient merchant and date the entry. Said registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in § 521-5B below.
(3)
Solicitors of funds and donations for charitable organizations shall
comply with all disclosure and registration above but shall be exempt
from the registration fee; such applicants, however, shall each pay
the CIB fee.
D.
Appointment
of Clerk as agent. The applicant shall sign a statement appointing
the City 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 sales activities
of the applicant, in the event that the applicant cannot, after reasonable
effort, be served personally.[3]
A.
Upon receipt of each application, the City Administrator may refer
it immediately to the Police Department for an investigation of the
statements made in such registration, said investigation to be completed
within five days from the time of referral. (Note: This waiting period
is necessary in order to complete the investigation process.)
B.
The City Administrator 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; complaints of a material nature have been received against the applicant by authorities in the last cities, 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 § 521-4B above.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Common
Council or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
Sales prohibited. A transient merchant shall be prohibited from calling
at any dwelling or other place on Sundays or holidays or 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)
Misrepresentation. 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 visit, his identity or the identity of the organization
he represents. A charitable organization transient merchant shall
specifically disclose what portion of the sale price of 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)
Use of public property, sales from private property. No transient
merchant shall impede the free use of sidewalks and streets by pedestrians
and vehicles. Without express approval from the Common Council, sales
activities shall not be conducted from a public right-of-way or public
parking lot. Sale of items from private property shall only be as
permitted by the City Zoning Code.[1] Other than for occasional garage sales, any person engaged in temporary sales activity from private property shall be required to first register as required by §§ 521-4 and 521-5; included in, but not limited to, such regulated activities are sales of Christmas trees, food products, fireworks, art works and sports paraphernalia.[2]
(4)
Noise. 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)
Refuse. No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he 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 name, the name of the company or organization he is affiliated
with, if any, and the identity of merchandise or services he offers
to sell.
(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,
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 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 guarantee or warranty is
provided and, if so, the terms thereof.
A.
Sales on City streets, alleys, sidewalks and property. No person
may display, market or sell farm or garden produce on City streets,
alleys, sidewalks or public property within the City except as allowed
under provision of this section.
B.
FARM OR GARDEN PRODUCE
Definitions. As used in this section, the following words and phrases
shall have the following meanings, unless the context clearly indicates
that a different meaning is intended:
Fruits, plants, vegetables, flowers, shrubs or trees intended
for planting.
C.
Application for license. A license to display, market or sell farm
or garden produce on City streets, alleys, sidewalks or public property
may be granted by the Zoning Administrator upon proper application
being made.
(1)
A produce license to sell on public property may be granted by the
City upon receipt of application and approval of the Common Council.
The application shall contain the following information:
(a)
The applicant's name and address.
(b)
The exact time and place of the sale.
(c)
Whether the applicant will be present and in continuous attendance
at the proposed sale.
(d)
Whether the applicant has within two years prior to the application
conducted or had any connection with a similar sale in the City or
any other place in the county and, if so, the dates and places of
such other sales.
(e)
Products being sold.
(2)
The Council shall designate the place where said display or sale
may be conducted when granting any license under this section.
(3)
Such license shall be granted to exhibitors in connection with a
special civic function and they are required to follow the guidelines
of the special event organizers as authorized by the Common Council.
(4)
The term of the license shall commence no earlier than the commencement
of the event and extend no later than the last day of the event.
(5)
License fee shall be as per the City's fee schedule.
Sales shall be limited to no more than four per year, and each
shall comprise no more than three days.
Failure to register after being notified of need for a registration
will result in a fine being imposed.
The Police Department shall report to the City Administrator
all convictions for violations of this chapter, and the City Administrator
shall note any such violation on the record of the registrant convicted.
A.
Registration may be revoked by a City law enforcement officer or
the City Administrator if the registrant made any material emission
or materially inaccurate statement in the application for registration,
made any fraudulent, false, deceptive or misleading statement or representation
in the course of engaging in direct 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 direct selling.
B.
Provided a written request is filed with the City Administrator within 10 days of such revocation, an appeals hearing shall be held before the Common Council or committee thereof. Written notice of the hearing shall be served personally or pursuant to § 521-4D 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.
