[HISTORY: Adopted by the Village Board of the Village of
Denmark at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
It shall be unlawful for any direct seller or solicitor to engage
in direct sales or solicitations within the Village without being
registered and licensed for that purpose as provided herein.
In this chapter, the terms used shall be defined as follows:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, but shall not include
religious organizations.
Any person who sells goods or services or takes sales orders
for the later delivery of goods at any location other than the permanent
business place or residence of said person and shall include, but
not be limited to, peddlers, solicitors and transient merchants. For
the purpose of this chapter, the acceptance of a "donation" in exchange
for goods, or an order for goods, shall be deemed an act requiring
compliance with all of the regulatory provisions of this chapter,
including registration and the posting of a bond.
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, has continuously
operated an established place of business in the Village or has continuously
resided in the Village and now does business from his or her residence.
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 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 not connected
with the sale or offering for sale of goods.
H.
Any person holding a sale required by statute or by order of the
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 § 202.12, Wis. Stats. However, any charitable
organization not registered under § 202.12, 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
complaint has been made to the Clerk that such person is a transient
merchant, provided that there is proof submitted to the Clerk that
such person has leased for at least one year, or purchased, the premises
from which he or 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.
K.
Any religious organization having tax-exempt status under Section
501(c)(3) of the United States Internal Revenue Code upon submitting
proof thereof to the Clerk.
L.
Any political candidate running for public office or citizens supporting
political candidates of legitimate recognized political parties running
for public office in compliance with Wisconsin Statutes. Chapter 5
of the Wisconsin Statutes does not prohibit persons from circulating
nomination papers, from soliciting signatures, or from soliciting
campaign donations for public office.
M.
Legally chartered tax-exempt organizations.
A.
Applicants for registration and licensing must complete and return
to the Clerk a registration form furnished by the Clerk which shall
require the following information:
(1)
Full legal name, permanent address and telephone number and temporary
address, if any.
(2)
Date of birth, age, height, sex, race, 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, is employed by or
whose merchandise is being sold.
(4)
Temporary address and telephone number from which business shall
be conducted, if any.
(5)
Nature of business to be conducted and a brief description of the
goods offered and any services offered.
(6)
Names, addresses, and phone numbers of suppliers of articles to be
sold and proposed method of delivery of goods, if applicable.
(7)
Make, model, license number and state, color, and year of any vehicle
to be used by the applicant in the conduct of his or her business.
(8)
Last cities, villages, or towns (not to exceed three) where the applicant
conducted similar business.
(9)
Place where the applicant can be contacted for at least seven days
after leaving the Village.
(10)
Names and addresses of at least two Brown County property owners
who can vouch for said applicant.
(11)
Dates license is required. The dates must be consecutive dates.
A new application and license is required for each occasion.
(12)
Hours business will be conducted.
(13)
Statement as to whether the applicant has been convicted of
any crime or ordinance violation other than a traffic violation, the
nature of the offense, and date of conviction.
(14)
Signature of applicant.
(15)
Date of application.
B.
Applicants shall present to the Clerk for examination:
(1)
A driver's license or some other proof of identity as may be
reasonably required by the Clerk.
(2)
A State of Wisconsin 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 of
Wisconsin authorities.
(3)
A State of Wisconsin health officer's certificate where the
applicant's business involves the handling of food or clothing
and is required to be certified under State of Wisconsin 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 application for license is made.
C.
At the time the registration is returned, an investigative fee, as
listed on the schedule of fees in the office of Clerk, shall be paid
to the Clerk to cover the costs of processing said registration. Religious
and charitable organizations are exempt from paying said fee.
(1)
The applicant shall sign a statement appointing the Clerk his or
her 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 direct sales activities of the
applicant in the event the applicant cannot, after reasonable effort,
be served personally.
(2)
Upon payment of said fee and the signing of said statement, the Clerk shall register the applicant as a direct seller and date the entry. Said registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in § 135-5B below, or forfeiture as provided in § 135-9 below.
A.
Upon receipt of a completed registration form, the Clerk shall immediately
refer it to the Police Department and/or Brown County Sheriff Department
to make an investigation. The Police Department, Brown County Sheriff,
or his or her designee shall complete the investigation and file a
report with the Clerk within 72 hours.
B.
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.
C.
If as a result of the investigation required under this section the
applicant's business or character is found to be unsatisfactory,
the Police Department, Brown County Sheriff or his or her designee
shall endorse on said application his or her disapproval and his or
her reasons for the same and return the application to the Clerk,
who shall notify the applicant that his or her application was not
approved and no license will be issued.
D.
In the event the Clerk shall refuse to issue the applicant a license,
the Clerk shall provide the applicant an opportunity to refute said
reasons for denial of the license. After the Clerk has made a final
determination, he or she shall either issue the license or provide
the applicant with written reasons for refusing to issue the license.
E.
Any person denied application for a license may appeal the denial
through the appeal procedure provided by Ch. 68, Wis. Stats.
A.
Upon compliance with the forgoing requirements and filing of a bond,
if applicable, the Clerk shall register the applicant as a direct
seller, transient merchant or solicitor and issue a license to the
applicant. The license shall be operative only during the days requested
on the registration form.
B.
Such license shall contain the signature of the Clerk, the name and
address of the direct seller, transient merchant or solicitor, the
type of goods or services being sold or the nature of the solicitation,
the dates during which the license is operative and the license number
of any vehicle used for sales or solicitation.
C.
Registrants shall exhibit their license at the request of any citizen
or police officer.
D.
Every applicant who intends to take sales orders and down payments
for the later delivery of goods and services and is not a resident
of Brown County, Wisconsin, or who is such a resident and represents
a business or organization whose principal place of business is located
outside the State of Wisconsin shall file with the Clerk a surety
bond. The bond shall be for a term of one year from the date of issuance
of the license, naming the Village in the amount of $1,000 conditioned
that the applicant comply with all applicable ordinances of this Village
and statutes of the State of Wisconsin regulating peddlers, canvassers,
solicitors and transient merchants. Such bond shall guarantee to any
citizen of this Village that all money paid as a down payment will
be accounted for and applied according to the representations of the
seller and that the property purchased will be delivered according
to the representations of the seller. Action on such bond may be brought
by the person aggrieved and for whose benefit, among others, the bond
is given. The surety may, pursuant to a court order, pay the face
amount of the bond to the Clerk of Courts in which suit is commenced
and be relieved of all further liability.
A.
Prohibited practices.
(1)
A direct seller shall be prohibited from calling at any dwelling
or other place between the hours of 7:00 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 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 represent or make false, deceptive or misleading
statements concerning the quality, quantity or character of any goods
offered for sale, identity or the identity of the organization he
or she represents. A charitable or religious organization direct seller
shall specifically disclose what portion of the free donation or the
sale price of goods being offered will actually be used for the charitable
or religious 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 or 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 or her name, the name of the company or organization he or she
is affiliated with, if any, and the identity of goods or services
he or she offers to sell.
(2)
If any sale of goods is made by the 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., and 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 or 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.
The Village Police Department and/or Brown County Sheriff's
Department shall report to the Clerk all convictions for violation
of this chapter and the Clerk shall note any such violation on the
record of the registrant convicted.
A.
Any license issued under this chapter may be revoked by the Board
after notice and hearing if the registrant made any material omission
or materially inaccurate statement in the application for a license,
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 permanent address
shown on the registration form 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 the
hearing and a statement of the facts upon which the hearing will be
based.
Any person who shall violate any provision of this chapter or who shall fail to obtain a license as required hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
