[HISTORY: Adopted by the Common Council of the City of Bayfield 9-13-2016 by Ord. No. 382.[1] Amendments noted where applicable.]
It shall be unlawful for any door-to-door seller to engage in
door-to-door sales or solicitation within the City of Bayfield without
being registered for that purpose as provided herein.
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 City of Bayfield Clerk.
Any individual who, for him/herself, or for a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, by going door to door within the City of Bayfield. A door-to-door seller does not include "direct sellers" as defined in Chapter 200. The sale of goods includes donations required by the door-to-door 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.
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.
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 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 their regular course of business;
D.
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;
E.
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.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods;
G.
Any employee, officer or agent of a charitable organization who engages
in door-to-door sales for or on behalf of said organization, provided
that there is submitted to the City 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; it is intended to
include any employee, officer, agent or member of any local charitable
organization having a local group or association.
H.
Any religious or charitable organization permanently established
and located in the City.
I.
Any farmer selling produce raised by that person, except that sales
shall not be conducted on a public right-of-way.
A.
Registration information. Applicants for registration must complete
and return to the City 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)
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 door-to-door 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 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 offence
and the place of conviction.
B.
Identification and certification. Applicants shall present to the
City Clerk 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 applicant's business requires use
of weighing and measuring devices approved by state authorities;
(3)
A state health officer's certificate where applicant's
business involves the handling of food or clothing and is required
to be certified under state law; such certificate to state that applicant
is apparently free from any contagious or infectious disease, dated
not more than 90 days prior to the date the application for license
is made.
C.
Registration fee.
(1)
At the time of filing applications, a fee per year as set by the
Common Council shall be paid to the City Clerk. Each and every member
of a group must file a separate registration form.
(2)
The applicant shall sign a statement appointing the City Clerk 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 door-to-door sales activities of
the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the City Clerk 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.
B.
The City 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 door-to-door selling; or the applicant failed to comply with any applicable provision of § 201-4B 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 §§ 68.01
through 68.16, Wis. Stats.
A.
Prohibited practices.
(1)
A door-to-door seller 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 door-to-door 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 visit, his identity
or the identity of the organization he represents. A charitable organization
door-to-door 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 door-to-door 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 door-to-door 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 door-to-door seller 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 door-to-door seller shall expressly disclose
his name, the name of the company or organization he is affiliated
with, if any, and the identity of goods or services he offers to sell.
(2)
If any sale of goods is made by a door-to-door 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 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 door-to-door seller takes a sales order for the later delivery
of goods, 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.
Registration may be revoked by the Common Council 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 door-to-door 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 door-to-door selling.
B.
Written notice of the hearing 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
acts upon which the hearing will be based.
