[HISTORY: Adopted by the Village Board of the Village of
Footville 3-5-1998 by Ord. No.
3-5-98. 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 Village of Footville without being registered
for that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any benevolent, philanthropic, patriotic or charitable person,
partnership, association or corporation, or one purporting to be such.
The Village of Footville 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 section,
sale of merchandise includes a sale in which the personal services
rendered upon or in connection with the merchandise constitutes the
greatest part of value for the price received. 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.Â
Regular delivery routes. Any person delivering newspapers, fuel,
dairy products or bakery goods to regular customers on established
routes;
B.Â
Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise;
C.Â
Agricultural products. Any person selling agricultural produce (both
on private or public property);
D.Â
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 their regular course of business;
E.Â
Requested home visits. Any person who has an established place of
business where the merchandise 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.Â
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.Â
Services not offering merchandise. Any person selling or offering
for sale a service unconnected with the sale or offering for sale
of merchandise;
H.Â
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.Â
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 Village Clerk
proof that such charitable organization is registered under § 202.12,
Wis. Stats., and the charitable solicitors register with the Village
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 register under this chapter.
J.Â
Alleged transient merchants. Any person who claims to be a permanent
merchant, but against whom complaint has been made to the Village
Clerk that such person is a transient merchant, provided that there
is submitted to the Village 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 business
in this Village for at least one year prior to the date complaint
was made.
K.Â
Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
L.Â
Resident minors. Minors under the age of 18 who are residents of
the Footville Area School District.
A.Â
Registration information. Applicants for registration must complete
and return to the Village Clerk a registration form furnished by the
Clerk, which shall require the following information:
(1)Â
Name, permanent address and telephone number, and temporary address,
if any;
(2)Â
Height, weight, color of hair and eyes, and date of birth;
(3)Â
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)Â
Temporary address and telephone number from which business will be
conducted, if any;
(5)Â
Nature of business to be conducted and a brief description of the
merchandise offered;
(6)Â
Proposed method of delivery of merchandise, if applicable;
(7)Â
Make, model and license number of any vehicle to be used by applicant
in the conduct of his business;
(8)Â
Last cities, villages, towns, not to exceed three, where applicant
conducted similar business just prior to making this registration.
(9)Â
Place where applicant can be contacted for at least seven days after
leaving this Village;
(10)Â
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;
(11)Â
Description of physical location within the Village where the
applicant will be setting up a sales booth, sales table or display
of merchandise for sale together with name and address of the landlord
renting the space for said booth, sales table or display of merchandise.
B.Â
Identification and certification. Applicants shall present to the
Village Clerk for examination:
(1)Â
A driver's license or some other proof of identity as may be
reasonably required;
(2)Â
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)Â
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 registration
is made.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.Â
Registration fee.
(1)Â
At the time of filing applications, a $25 fee shall be paid to the
Village Clerk to cover the cost of investigation of the facts stated
in the applications and for processing said registration. Every member
of a group must file a separate registration form. Each applicant
shall pay a $25 registration fee, plus the then-current CIB investigation
fee.
(2)Â
Upon payment of said fee and the filing of the application for transient merchant registration, the Village Clerk shall register the applicant as a transient merchant and issue a certificate of registration to the applicant. Said registration shall be valid for a period of one day, subject to subsequent refusal as provided in § 120-5B below, with the valid date to be set forth on the certificate of registration. If a second or subsequent valid date or dates are requested, a new application and fee are required for each day requested. The transient merchant registration certificate must be prominently displayed at any sales table, booth or location within the Village where the applicant intends to locate a merchandise sale location, or be carried on the person of a transient merchant while engaged in transient merchant sales in the Village.
D.Â
Solicitors. Solicitors of funds or donations for charitable organizations
shall comply with all disclosure and registration requirements above,
but shall be exempt from the $25 registration fee; such applicants,
however, shall each pay the current CIB fee.
A.Â
Upon receipt of each application, the Village 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. (Note: This waiting period is
necessary in order to complete the investigation process.)
B.Â
The Village 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; the applicant failed to comply with any applicable provision of § 120-4B above; or the applicant had a previous registration revoked pursuant to § 120-9 below.
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.Â
Prohibited practices.
(1)Â
Sales prohibited. A transient merchant shall be prohibited from calling
at any dwelling or other place on Sundays or holidays or 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," 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)Â
Misrepresentation. A transient merchant shall not misrepresent or
make false, deceptive or misleading statements concerning the quality,
quantity or characteristics 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)Â
Use of public property; sales from private property. No transient merchant shall impede the free use of sidewalks and streets by pedestrians and vehicles. Without express approval from the Village Board, sales activities shall not be conducted from a public right-of-way or public parking lot. Sale of items from private property shall only be as permitted by Chapter 370, Zoning. Other than for occasional garage sales, any person engaged in temporary sales activity from private property shall be required to first register as required by §§ 120-4 and 120-5; included in, but not limited to, such regulated activities are sales of Christmas trees, food products, fireworks, art works and sports paraphernalia.
(4)Â
Noise. 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)Â
Refuse. No transient merchant shall allow rubbish or litter to accumulate
in or around the area in which he is conducting business.
B.Â
Disclosure requirements.
(1)Â
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)Â
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)Â
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 Police Department shall report to the Village Clerk all
convictions for violations of this chapter and the Village Clerk shall
note any such violation on the record of the registrant convicted.
A.Â
Registration may be revoked by a Village law enforcement officer
or Village 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.Â
Provided a written request is filed with the Village Clerk within
10 days of such revocation, an appeals hearing shall be held before
the Village Board or committee thereof. Written notice of the hearing
shall be served personally or by certified mail to the applicant at
the address furnished in the applicant's registration application
or written request at least 72 hours prior to the time set for the
hearing; such notice contain the time and place of hearing and a statement
of the acts upon which the hearing will be based.
Transient merchants who intend to engage in direct sales or
solicitation activities within the Village of Footville for the annual
Footville Village-Wide Rummage Sale held on the last Saturday in April,
annually, must file an application for a transient merchant registration
by not later than the first Saturday of April. Any application not
filed with the Village Clerk by the first Saturday in April will be
denied registration for the annual Footville Village-Wide Rummage
Sale for the last Saturday of April of that year.
The following articles are prohibited for sale, exchange, trade
or barter within the Village of Footville for the annual Footville
Village-Wide Rummage Sale: firearms, weapons, knives, fire bombs,
cigarette lighters, stink bombs, paint blasters, paint balls, paint
guns, pellet guns, snap pops, poppers, explosive devices of any type,
pornography or drug-related items.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Violations of this chapter shall be subject to the penalties provided in § 1-4, Penalties.