[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 7, Ch. 4, of the 1996 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 Village of Dane without being registered for
that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any benevolent, philanthropic, religious, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such, including, for example, Boy Scouts, Girl Scouts, 4-H Clubs
and school organizations.
The Village of Dane Clerk-Treasurer or Deputy Clerk-Treasurer.
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 merchandise 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:
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 person engaged in direct solicitation who:
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. For purposes of this definition,
"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
the sale of produce or other perishable products by a resident of
this state. For purposes of this chapter, the term "transient merchant"
shall include direct sellers and solicitors seeking donations or funds
for an organization, unless excepted.
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 Wisconsin 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
is being sold or 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-Treasurer 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.
(10)
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 is
conducting business or proof that such person has conducted such business
in this Village for at least one year prior to the date complaint
was made.
(11)
Any individual licensed by an examining board as defined in
§ 15.01(7), Wis. Stats.
(12)
Minors under 18 years of age who are residents of the Lodi School
District.
B.
This chapter
does not apply to transient merchants while doing business at special
events authorized by the Village Board.
A.
Registration information. Applicants for registration must complete
and return to the Village Clerk-Treasurer a registration form furnished
by the Clerk-Treasurer 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 the applicant
in the conduct of his business.
(8)
Last cities, villages, and towns, not to exceed three, where applicant
conducted similar business just prior to making this registration.
(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, the nature of the offense
and the place of conviction.
B.
Identification and certification. Applicants shall present to the
Village Clerk-Treasurer 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
registration is made.
C.
Registration fee.
(1)
At the time of filing applications, a total fee as set forth in Chapter A150, Fees, shall be paid to the Clerk-Treasurer to cover the cost of investigation of the facts stated in the applications and for processing said registration. Every member of a group must file a separate registration form. The primary applicant shall pay a registration fee, plus a CIB investigation fee; each assistant under the application shall also be required to pay the CIB fee.[1]
(2)
The applicant shall sign a statement appointing the Clerk-Treasurer
his 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. Registration may be denied upon failure
to comply with this subsection.
D.
Solicitors. Solicitors of funds or donations for charitable or other
organizations shall comply with all disclosure and registration requirements
above but shall be exempt from the registration fee; such applicants,
however, shall each pay the CIB fee.[2]
E.
Bond.
(1)
When required. Every applicant who is not a resident of Dane County
or who represents a firm whose principal place of business is located
outside of the State of Wisconsin shall file with the Village Clerk-Treasurer
a surety bond in the amount of $500, conditioned that the applicant
will comply with all provisions of the Village ordinances and the
state laws regulating peddlers, canvassers, solicitors and transient
merchants, and guaranteeing to any person doing business with the
registrant that all money paid as a down payment will be accounted
for and applied according to the representations of the registrant,
and further guaranteeing that property purchased for future delivery
will be delivered according to the representations of the registrant.[3]
(2)
Action on bond. Action on such bond may be brought by any person
aggrieved.
A.
Upon receipt of each application, the Village Clerk-Treasurer shall
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.
B.
The Village Clerk-Treasurer shall refuse to register the applicant and issue a permit 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 § 476-4B above.
Any person 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 8:00 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 character
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)
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 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.
The Police Department shall report to the Clerk-Treasurer all
convictions for violations of this chapter, and the Clerk-Treasurer
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 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.
