[HISTORY: Adopted by the Town Board of the Town of Algoma
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Town of Algoma without obtaining a permit for
that purpose as provided herein.
In this chapter, the following terms shall have the meaning
indicated:
Any benevolent, philanthropic or patriotic person, partnership,
association or corporation, or one purporting to be such.
The Town of Algoma Clerk.
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 chapter,
"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.
The following shall be exempt from all provisions of this chapter:
A.
Regular delivery routes. Any person delivering newspapers, fuel,
dairy products or bakery goods to regular customers on established
routes.
B.
Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise.
C.
Agricultural products. Any person selling agricultural products which
the person has grown.
D.
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 his regular course of business.
E.
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.
F.
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.
G.
Services not offering merchandise. Any person selling or offering
for sale a service unconnected with the sale or offering for sale
of merchandise.
H.
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.
I.
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 Town Clerk
proof that such charitable organization is registered under § 202.12,
Wis. Stats., and the charitable solicitors obtain a permit from the
Town under this chapter. Any charitable organization engaging in the
sale of merchandise and not registered under § 202.12, Wis.
Stats., or which is exempt from that statute's registration requirements,
shall be required to obtain a permit under this chapter.
J.
Alleged transient merchants. Any person who claims to be a permanent
merchant but against whom complaint has been made to the Town Clerk
that such person is a transient merchant, provided that there is submitted
to the Town 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 Town
for at least one year prior to the date complaint was made.
K.
Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
L.
Town-authorized events. This chapter does not apply to transient
merchants while doing business at special events authorized by the
Town Board.
M.
Resident minors. Minors under the age of 18 who are residents of
the Town of Algoma.
A.
Permit information. Applicants for a permit must complete and return
to the Town Clerk a registration form furnished by the Town 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)
Last cities, villages, and towns, not to exceed three, where the
applicant conducted similar business just prior to making this registration.
(9)
Place where the applicant can be contacted for a least seven days
after leaving this Town.
(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
Town Clerk for examination:
C.
Permit fee.
(1)
At the time of filing applications, the fees shall be paid as set
by the Town Board. Every member of a group must file a separate permit
form.
(2)
Upon payment of said fee and approval of the Town Board, the Town
Clerk shall register the applicant as a transient merchant, date the
entry and issue the permit.
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 permit fee.
Any person denied a permit may appeal the denial through the
appeal procedure provided by ordinance or resolution of the Town Board
or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
No transient merchant shall engage in direct sales or solicitation
activities within the Town of Algoma except between the hours of 9:00
a.m. and 7:00 p.m.
A.
The permit may be revoked by the Town Administrator or the Town Clerk
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.
Provided a written request is filed with the Town Clerk within 10
days of such revocation, an appeals hearing shall be held before the
Town Board or committee thereof. Written notice of the hearing shall
be served 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.
