[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 6, Ch. 4, of the 1981 Code). Amendments noted where
applicable.]
It shall be unlawful for any direct seller to engage in direct
sales within the City of Two Rivers without being registered for that
purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
- CHARITABLE ORGANIZATION
- Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.[1]
- DIRECT SELLER
- 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, at any location other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include, but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
- GOODS
- Includes personal property of any kind, and shall include goods provided incidental to services offered or sold.
- PERMANENT MERCHANT
- A direct seller who, for at least one year prior to the consideration of the application of this chapter to said merchant:
[1]
Editor's Note: The original definition of "clerk," which immediately
followed this definition, was repealed at time of adoption of Code
(see Title 1, General Provisions, Ch. 1-1, Art. III).
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 their 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, with the prospective customer;
G.
Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods;
H.
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.
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. 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 submitted to the 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 City for at least one year prior
to the date complaint was made;
K.
Any church, charitable or fraternal organization whose principal
location is in the City;
L.
Any vendor selling products at a special event being held on City-owned
property or on a City street, when such vendor has been authorized
to sell from that location by the City Manager or a City department
head, or when such vendor has been authorized to sell from that location
by an organization that has been given permission to use that City
property or street for such special event by action of the City Council.
A.
Applicants for registration must complete and return to the Police
Department a registration form furnished by the Chief of Police, which
shall require the following information:
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(1)
Name, permanent address and telephone number, and temporary address,
if any;
(2)
Age, height, weight, color of hair and eyes;
(3)
Name, address and telephone number of the person, firm, association
or corporation that the direct 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/her business;
(8)
Last cities, villages, towns, not to exceed three, where applicant
conducted similar business;
(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 offense
and the place of conviction.
B.
Applicants shall present to the Chief of Police 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 registration
is made.
C.
Registration fee.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(1)
At the time the registration is returned, a fee as provided for in
Chapter 1-2 of this Code shall be paid to the Police Department to
cover the cost of processing said registration.
(2)
The applicant shall sign a statement appointing the Chief of Police
his/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 the direct sales activities of
the applicant, in the event the applicant cannot, after reasonable
effort, be served personally.
(3)
Upon payment of said fee and the signing of said statement, the Chief
of Police 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 § 6-4-5B below.
A.
Upon receipt of each application, the Chief of Police shall make
and complete an investigation of the statements made in such registration.
B.
The Chief of Police 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 in which the
applicant conducted similar business; or the applicant failed to comply
with any applicable provision of § 6-4-4B above.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
Any person who receives a determination or order from the Chief
of Police under this chapter and objects to all or any part thereof
may appeal to the City Manager within seven days of receipt of the
order, and the City Manager shall hear such appeal within 30 days
of receipt of written notice of the appeal. After such hearing, the
City Manager may reverse, affirm or modify the order or determination
appealed from and the grounds for his decision shall be stated in
writing. The City Manager shall, by letter, notify the party appealing
the order or determination of his decision within 10 days after the
hearing has been concluded and file his written decision with the
City Clerk.
A.
Prohibited practices.
(1)
A direct seller shall be prohibited from calling at any dwelling
or other place 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," "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 misrepresent or make false, deceptive or
misleading statements concerning the quality, quantity or character
of any goods offered for sale, the purpose of his/her visit, his/her
identity or the identity of the organization he/she represents. A
charitable organization direct 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 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 fifty-foot radius of the source.
(5)
No direct seller shall allow rubbish or litter to accumulate in or
around the area in which he/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/her name, the name of the company or organization he/she is affiliated
with, if any, and the identity of goods or services he/she offers
to sell.
(2)
If any sale of goods is made by a 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 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.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(3)
If the direct seller takes a sales order for the later delivery of
goods, he/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.
A.
Registration may be revoked by the Chief of Police 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, or violated any provision of this chapter.
B.
Upon revocation, the appeals process of § 6-4-6 may be
utilized by the registrant.
A.
Vendors. Any person who shall vend any product from a vehicle especially
equipped for that purpose ("vendors") shall be considered a direct
seller for purposes of this chapter, and the terms and provisions
of §§ 6-4-1 through 6-4-8 shall apply to such persons
unless they are inconsistent with this section.
B.
Qualifications. In addition to other requirements of this Chapter
6-4, vendor shall have a current driver's license issued pursuant
to the Wisconsin Statutes and shall be familiar with those sections
of the rules of the road relating to parking restrictions, and shall
abide by the provisions thereof. Vendors shall be familiar and comply
with all other applicable provisions of this Code.
C.
Requirements for vehicles and insurance. Any vehicle used or operated
by a vendor hereunder shall be insured for liability for property
damage and personal injury by a reputable, licensed insurer satisfactory
to the City. A certificate of insurance verifying insurance coverage
shall be filed with the City with each application for registration
by a vendor. Such insurance shall provide for policy limits of at
least $250,000 for one person and $500,000 for any number of persons
injured or killed in one accident, and $100,000 property damage. Vendors'
vehicles shall comply with Ch. 347, Wis. Stats., as it may be amended
or renumbered, relating to equipment of vehicles. Bells or chimes
approved by the Police Department may be used as devices to attract
customers, but no other type of noisemaking device shall be permitted
for that purpose. The vendor shall comply with such other conditions
as may be imposed by the City. The registration issued pursuant to
this section shall be effective for a period of one year from its
issuance, provided it is not earlier revoked.
D.
Hours of operation. No vehicle used by a vendor shall be operated
for the purpose of sales prior to 10:00 a.m. and later than 1/2 hour
after sunset, provided that the City Council may make an exception
to the requirement for special events.
E.
Limitations. Except as expressly provided herein, no product shall
be dispensed by vendors on Washington Street between the north curbline
of 22nd Street to the south curbline of 12th Street. This prohibition
shall not apply in the case of any special event taking place on Washington
Street authorized by the City Council.
F.
Revocation. A registration issued to a vendor may be revoked by the
Chief of Police if the vendor made any material inaccurate statement
in the application for registration or violated any provision of this
section, or any other applicable provision of this Chapter 6-4 of
the City's Municipal Code. Upon revocation, the vendor may appeal
to the City Council. Such appeal shall be made in writing and shall
be submitted to the City Clerk within 30 days after revocation.
G.
Exceptions. This § 6-4-9 of the Municipal Code shall not
apply to any vendor selling products from a parked vehicle at a special
event held on City-owned property or a City street, if such vendor
has been authorized to sell products from that location by the City
Manager or a City department head, or if such vendor has been authorized
to sell from that location by an organization that has been given
permission to use City property or street for such special event by
action of the City Council.
