[HISTORY: Adopted by the Village Board of the Village of
Rothschild 11-13-1967 as Sec. 11.110 of the 1967 Code; amended in its entirety 9-25-1978. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Temporary structures and uses — See Ch. 489.
It shall be unlawful for any direct seller to engage in direct
sales within the Village of Rothschild 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, but shall not include
religious organizations.
The Village Clerk.
Any individual who, for him/herself or for another (including
but not limited to a partnership, association or corporation), sells
goods, or takes sales orders for the later delivery of goods, at any
location other than the permanent business place or residence of said
individual, partnership, association or corporation and shall include
but not be limited to peddlers, solicitors and transient merchants.
The sale of goods includes donations required by the direct seller
for the retention of goods by a donor or prospective customer.
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold.
A direct seller who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
The following shall be exempt from all provisions of this chapter:
A.
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
B.
Any person selling goods at wholesale to dealers in such goods.
C.
Any person selling agricultural products which such person has grown.
D.
Any permanent merchant or employee thereof who takes orders away
from the established place of business for goods regularly offered
for sale by such merchant within this county and who delivers such
goods in his/her regular course of business.
E.
Any person who has an established place of business where the goods
being sold are 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.
F.
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, on other than a one-time basis with the prospective customer.
G.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods.
H.
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.
I.
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 Clerk proof that such charitable organization
is registered under § 440.42, Wis. Stats. Any charitable
organization 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.
J.
Any person who claims to be a permanent merchant but against whom
a complaint has been made to the 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 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.
A.
Applicants for registration must complete and return to the Clerk
a registration form furnished by the 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 direct seller 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
goods offered and any services offered.
(6)
Proposed method of delivery of goods, 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)
Names of cities, villages, and towns, not to exceed three, where
the applicant conducted a 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.
Applicants shall present to the Clerk for examination:
(1)
A driver's license or some proof of identity as may be reasonably
required by said Clerk.
(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.[1]
C.
At the time the registration is returned, a fee set by the Village
Board shall be paid to the Clerk to cover the cost of processing said
registration.
[Amended 12-21-1998]
A.
Upon receipt of each application, the Clerk may refer it immediately
to the Chief of Police, who may make and complete an investigation
of the statements made in such registration.
B.
The Clerk 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 § 271-4 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 direct seller 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 a 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 direct seller shall not misrepresent or make false, deceptive or
misleading statements concerning the quality, quantity or character
of any goods offered for sale, the purpose of his/her visit, his/her
identity, or the identity of the organization he/she represents. A
charitable organization direct seller shall specifically disclose
what portion of the sale price of goods 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 goods.
(3)
No direct seller 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 direct seller 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 direct seller 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 direct seller shall expressly disclose
his/her name, the name of the company or organization he/she is affiliated
with, if any, and the identity of goods or services he/she offers
to sell.
(2)
If any sale of goods is made by a direct seller, or any sales order
for the later delivery of goods is taken by the seller, the buyer
shall have the right to cancel said transaction if it involves the
extension of credit of more than $25, or is a cash transaction, 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 direct seller takes a sales order for the later delivery of
goods, 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 guarantee or warranty is
provided and, if so, the terms thereof.
C.
Bond. A direct seller shall post a cash bond in lawful money of the United States in the amount of $500 with the Clerk at the same time the registration form is filed with the Clerk. The direct seller shall name all persons upon whose behalf the bond shall be posted. Buyers who wish to cancel their transactions or claim a refund as permitted in Subsection B(2) above may do so by presenting within the time limits in Subsection B(2) to the Clerk the goods purchased or the credit papers, and the Clerk shall refund to the buyer the amount paid to the seller. The Clerk shall deduct from the bond any amounts so refunded plus an amount set by the Village Board for each refund made as a handling charge. The Clerk shall store the goods and papers upon which the refund was grounded and notify by first-class mail the seller at the address provided in the registration form. Twenty days after such notice is mailed, the Clerk may sell or destroy such goods and papers, crediting any money received therefor to the seller's bond account. Once the bond has been depleted below $250, the direct seller shall, upon written notice thereof by first-class mail, within 10 days after mailing of such notice, replenish the bond or forfeit the registration.
The Chief of Police shall report to the Clerk all convictions
for violation of this chapter, and the Clerk shall note any such violation
on 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.
B.
Written notice of the hearing shall be mailed to the seller at the
permanent address shown on the registration at least 15 days, or shall
be served personally 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 facts upon which the hearing
will be based.
[Amended 8-28-2017]
Any person violating this chapter shall be subject to § 1-2 of this Code.
