[HISTORY: Adopted by the Board of Supervisors
of Green Lake County 2-19-2019 by Ord. No. 1-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 196,
adopted 2-13-1964 by Ord. No. 25, as amended.
A.
This chapter is intended to protect against criminal activity, including
but not limited to fraud and burglary, to minimize the unwelcome disturbance
of citizens and the disruption of privacy and to otherwise preserve
the public health, safety and welfare by regulating, controlling and
licensing door-to-door solicitors.
B.
The regulations contained in this chapter are not intended to regulate
speech by any person, but merely regulate the activities of those
individuals selling or offering for sale merchandise.
A.
It is unlawful for any door-to-door solicitor to engage in sales
and solicitation within Green Lake County without first obtaining
a license in compliance with the provisions of this chapter. Each
individual door-to-door solicitor is required to have an individual
license.
B.
During door-to-door solicitor activity, each door-to-door solicitor
shall wear or otherwise visibly exhibit a picture identification issued
by the entity or organization with which he or she is affiliated,
and shall also carry the license issued by the Clerk, evidencing that
the door-to-door solicitor is licensed by the County, and shall produce
the license for inspection upon request.
A.
Any person claiming to be legally exempt from the regulations set
forth in this chapter, or from the payment of a license fee, shall
cite to the County Clerk the statute or other legal authority under
which the exemption is claimed and shall present the County Clerk
proof of qualification for such exemption.
B.
The following shall be exempt from all provisions of this chapter.
(1)
Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes, or any other person
making a regular delivery of goods ordered by a customer;
(2)
Any person selling agricultural products which the person has grown;
(3)
Any person who takes orders away from or delivers goods to an existing
established place of business, for merchandise regularly ordered for
sale by the merchant within this County and who delivers such merchandise
in their regular course of business;
(4)
Any person who has an existing established place of business where
the merchandise being sold is ordered for sale on a regular basis,
and in which the buyer has initiated contact with, and specifically
requested or consented to a home visit by, said person;
(5)
Any person who has had, or one who represents a company that has
had, a prior business transaction, such as a prior sale or credit
arrangement, with the prospective customer, and in which the customer
has specifically requested or consented to a home visit by said person;
(6)
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;
(7)
Any person permitted to do business at special events authorized
by the County Board or one of its committees.
(8)
Any person doing business with the permission of, and upon the premises
of, existing retail establishments, which establishments are located
within zoning districts allowing retail sales, and having occupancy
permits allowing retail sales operations, provided such door-to-door
solicitor does business within the enclosed building structure. This
exemption shall apply only to establishments and buildings wherein
any sales conducted pursuant to this exemption are of the same type
and nature as sales generally occurring therein, and provided further
that the primary business of the establishment is retail sales. This
exemption specifically shall not apply to hotels and motels.
(9)
Any person engaging in proselytizing on behalf of any bona fide religion
or religious group, or campaigning, or otherwise engaging in political
activity, including pamphleteering.
(10)
Any persons under the age of 18 who are residents of the county,
or pupils in any school district located in the County or a private
or parochial school located within the County, and who are engaging
in occasional door-to-door sales in order to raise funds for school,
school-related, school extra-curricular-related, scouting-related,
athletic or religious activities.
A.
Applicants for a license shall complete and return to the County
Clerk an application form furnished by the County Clerk which shall
require the following information:
(1)
Full name (first, middle, last), permanent address and telephone
number and temporary address and telephone number, if any;
(2)
Height, weight, gender, color of hair and eyes, date of birth, driver's
license number or state-issued identification number and state-issued
driver's license or identification;
(3)
Name, address, email 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)
Nature of business to be conducted and a description of the goods
offered, and any services offered;
(5)
Proposed method of delivery of goods, if applicable;
(6)
Make, model and license number of any vehicle to be used by applicant
in the conduct of his or her business, and state of vehicle registration;
(7)
Address and phone number where applicant can be contacted for at
least seven days after leaving the county.
C.
Applicant statements. All statements made by the applicant upon the
application shall be under oath and notarized.
A.
Investigation.
(1)
Upon receipt of a completed application, the County Clerk shall promptly
refer it to the Sheriff, who shall investigate the statements in the
application and the individual who it is proposed will carry out door-to-door
solicitor activities in Green Lake County.
(2)
The Sheriff shall indicate his approval or disapproval in a written
report to the clerk within three business days after the investigation
is complete. A denial shall state the reasons for disapproval. The
Sheriff shall determine whether:
(a)
There is any material omission or materially inaccurate statement
on the application; or
(b)
The applicant has been convicted of a crime 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 solicitor
activities, including, but not limited to, theft, burglary, possession
of stolen property, other crimes or ordinance violations related to
property or any offenses related to crimes against life and bodily
security, public health and safety, sexual morality and children;
or
(c)
Whether the applicant has been denied a permit under this chapter
within the immediate past year. The applicant may present information
to the satisfaction to the Sheriff that the reasons for the former
denial no longer exist; or
(d)
The applicant failed to comply with any applicable provision
of this chapter.
B.
C.
Suspension.
(1)
The Sheriff may suspend licenses issued under the provisions of this
chapter pending a hearing by the Judicial/Law Enforcement and Emergency
Management committee for a period not to exceed 30 days if after an
investigation there is sufficient evidence to believe that one of
the following exist:
(a)
Fraud, misrepresentation or incorrect statement contained in
the application.
(b)
Fraud, misrepresentation or incorrect statement made in the
course of carrying on business as a door-to-door solicitor.
(c)
Conviction of any crime or misdemeanor.
(d)
Conducting the licensed door-to-door solicitor activities in
an unlawful manner or in such manner as to constitute a breach of
the peace or a menace to the health, safety or general welfare of
the public.
(2)
Notice of the suspension shall be mailed to the address provided
in the application.
D.
Revocation of license.
(1)
A license may be revoked by the Judicial/Law Enforcement and Emergency
Management committee after notice and hearing if the committee finds
that the applicant:
(a)
Made any material omission or materially inaccurate statement
in the application; or
(b)
Made any fraudulent, false, deceptive or misleading statement
or representation while engaging in transient sales; or
(d)
Was convicted of any crime or ordinance or statutory violation
which is directly related to the applicant's fitness to engage
as a door-to-door solicitor; or
(e)
Conducted the licensed door-to-door solicitor activity in an
unlawful manner or in such manner as to constitute a breach of the
peace or a menace to the health, safety or general welfare of the
public.
(2)
Written notice of the hearing shall be served personally on the applicant,
or by registered mail, return receipt requested, sent postage prepaid
to the address provided in the application 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 acts or omissions
alleged which form the basis of the proposed revocation of the license.
E.
Appeal. Any person denied a license may file an appeal to the Judicial/Law
Enforcement and Emergency Management committee by submitting the appeal,
in writing to the Clerk within 10 days from receipt of the denial.
A.
After the initial greeting and before any other statement is made
to a prospective customer, a door-to-door solicitor 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 the goods
or services he or she offers to sell.
B.
If any sale of goods is made by a door-to-door solicitor, or any
sales order for the later delivery of goods is taken by the solicitor,
the buyer shall have the right to cancel such 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,
Wisconsin Statutes; the door-to-door solicitor shall give the buyer
two copies of a typed or printed notice of the fact. Such notice shall
conform to the requirements of § 423.203(1)(a), (b) and
(c), (2) and (3), Wisconsin Statutes.
C.
If the door-to-door solicitor 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 door-to-door
solicitor, the delivery or performance date and whether a guarantee
or warranty is provided and, if so, the terms thereof.
Any door-to-door solicitor is prohibited from:
A.
Failing to display their license to anyone requesting to see the
license.
B.
Misrepresenting the purpose of the solicitation.
C.
Solicit in a manner that intimidates, threatens or harasses the persons
solicited.
D.
Calling at any dwelling or other place between the hours of 8:00
p.m. and 9:30 a.m. except by appointment.
E.
Calling at any dwelling or other place where a sign is displayed
bearing the words "no peddlers," "no solicitors," or words of similar
meaning.
F.
Calling at the rear door of any dwelling place, unless otherwise
directed by the owner, occupant or any other person having authority
over such premises.
G.
Remaining on the premises after being asked to leave by the owner,
occupant or any other person having authority over such premises.
H.
Making false, deceptive or misleading statements concerning the quality,
quantity or character of any goods offered for sale, the purpose of
their visit, or identity of the organization being represented.
I.
Having more than two individuals engaging in door-to-door solicitor
activity upon any premises for the same goods or services or for the
same religious or charitable purposes.
J.
Conducting business with persons in motor vehicles upon a road, street
or alley, as defined by § 340.01(22), Wis. Stats.
K.
Invitation required. No door-to-door solicitor shall go in or upon
any private residence, business establishment or office in the County
without having been requested or invited to do so by the owner, occupant
or occupants of said private residence, business establishment or
office for the purpose of soliciting orders for goods, wares or merchandise,
or peddling or hawking the same.
L.
Using a license of another person to conduct business.
Any person who violates any provision of this chapter shall,
upon conviction thereof, forfeit not less than $250 nor more than
$1,000, together with the cost of prosecution, and in default in payment
of such forfeiture and costs of prosecution shall be imprisoned in
the County Jail until such forfeiture and costs are paid, but not
exceeding 60 days.
The Green Lake County Corporation Counsel is authorized to prosecute
or otherwise enforce this chapter.
When used in this chapter, the following terms shall mean:
A person who files an application form with the Clerk for
the purpose of obtaining a license.
To make an appearance in person at a residence or business.
Any person who goes from place-to-place in Green Lake County
or attempts to take orders for the sale of goods, wares or merchandise
or personal service to be performed in the future, including but not
limited to any person who hires, leases, uses or occupies any building,
structure, vehicle or street or alley or other place or part thereof
within Green Lake County for the primary purpose of exhibiting samples
or taking orders for future delivery.
The Green Lake County Clerk.
Any individual who, for him/herself, or for a partnership,
association or corporation, sells goods or services, or takes sales
orders for the later delivery of goods or services, at any location
other than the permanent business place or residence of the individual,
partnership, association or corporation. The sale of goods includes
donations or contributions, whether direct or indirect, required by
the direct seller for the retention of goods by a donor or prospective
customer.
A canvasser, direct seller, peddler, or transient merchant
who is mobile by traveling from residence to residence, or business
to business, to solicit business.
Personal property of any kind, and shall include goods provided
incidental to services offered or sold.
A license to engage in peddler, transient merchant, direct
seller, canvasser or solicitation activity within Green Lake County,
as regulated hereunder.
Any natural person or entity who engages in the retail sale
of merchandise by the direct selling, door-to-door method. 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, but
does not include a farm auction sale conducted by or for a resident
farmer of personal property used on the farm, or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
Any individual, firm, partnership, corporation, company,
association, church, religious sect, religious denomination, society,
organization or league, or one purporting to be.
Includes any one or more of the following:
Selling or offering for sale, or taking or attempting to take
orders for the sale of goods or services of any kind, character or
description.
Selling or offering for sale, or taking or attempting to take
orders for books, magazines, periodicals, newspapers and every other
type or kind of publication.
Requesting, directly or indirectly, contributions on the plea
or representation that such contributions will be used for a charitable
or religious purpose.
Any person who engages in the retail sale of merchandise
at any place in this County and who does not intend to become and
does not become a permanent merchant of this County.
