[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be unlawful for any transient merchant to engage in
direct sales within the Village of Richfield without being permitted
for that purpose as provided herein.
As used in this article, the following terms shall have the
meanings indicated:
Includes any benevolent, philanthropic, religious, patriotic
or charitable person, partnership, association or corporation, or
one purporting to be such, including, for example, Boy Scouts, Girl
Scouts, 4-H Clubs and school organizations.
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 merchandise by a donor or prospective
customer.
Any person who, for at least one year prior to the consideration
of the application of this article 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 individual who engages in the retail sale of merchandise
or a service for a fee at any place in the Village temporarily and
who does not intend to become and does not become a permanent merchant
of such place. The term shall include, but not be limited to, peddlers,
solicitors, hawkers and canvassers. The sale of goods includes donations
required by the transient merchant for the retention of goods by a
donor or prospective customer. 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 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 the Village.
A.
The following shall be exempt from all provisions of this article:
(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 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.
(4)
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.
(5)
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.
(6)
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise or a service.
(7)
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.
(8)
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 apply for a permit under this article.
(9)
Any person who claims to be a permanent merchant but against whom
complaint has been made to the Village that such person is a transient
merchant, provided that there is submitted to the Village 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.
(10)
Any individual licensed by an examining board as defined in
§ 15.01(7), Wis. Stats.
(11)
Minors under 18 years of age who are residents of the Village.
B.
This article does not apply to transient merchants while doing business
at special events authorized by the Village Board.
A.
Permit information. Applicants must complete and return to the Village
Clerk a permit application on a form furnished by the Clerk 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)
Previous cities, villages, and towns, not to exceed three, where
the applicant conducted similar business just prior to making this
application.
(9)
Place where the applicant can be contacted for at least seven days
after leaving this Village.
(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
Village Clerk or his/her designee for examination and attach a copy
to the application:
(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
permit is made.
A.
Upon receipt of each application, the Village Clerk or designee shall
refer it immediately to the Washington County Sheriff's Department
for an investigation of the statements made in such application.
B.
The Village Clerk shall refuse to permit the applicant and issue
a permit 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 previous cities, villages and towns, 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
(4)
The applicant failed to comply with any applicable provision of 143-42
above.
Any person denied a permit may appeal the denial through the
Administrative Review Appeals Board.
A.
Prohibited practices.
(1)
A transient merchant shall be prohibited from calling at any dwelling
or other place between the hours of sundown and 10:00 a.m., except
by appointment; calling at any dwellings on Sundays and legal holidays,
except by appointment; calling at any dwelling or other place where
a sign is displayed bearing the words "No Peddlers," "No Solicitors,"
"No Trespassing" 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 Washington County Sheriff's Department or Village law
enforcement officer shall report to the Village Clerk all convictions
for violations of this article, and the Village Clerk or his/her designee
shall note any such violation on the record of the registrant convicted.
A.
The Clerk shall refuse to issue a license to the applicant for any
of the following reasons:
(1)
The application contains any material omission or materially inaccurate
statement.
(2)
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 solicitation.
B.
The Village Clerk may suspend any license issued under this article
after finding, upon complaint being made to the Village Clerk by a
resident of the Village, that the license holder has been guilty of
fraud, false misrepresentation or imposition upon such resident of
the Village in the sale of any goods, wares, or merchandise, or in
the solicitation thereof. If a complaint is filed with the Village,
such license holder against whom the complaint is filed shall be notified,
in writing, by the Village Clerk and a public hearing upon such complaint
shall be held by the Village Board upon 10 days' notice to the
license holder. If the Board is satisfied that the license holder
is guilty of the complaint made, it may revoke the license.
