[HISTORY: Adopted by the Village Board of
the Village of Osceola 8-10-1993 by Ord. No. 7-93 as Sec. 10.03 of
the 1993 Code. Amendments noted where applicable.]
No direct seller shall engage in direct sales
within the village without being registered for that purpose as provided
herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
The Village Clerk.
Any individual who for himself, 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 such 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.
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 such 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 or her 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, such 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
maintaining an office in Polk County, Wisconsin, who engages in direct
sales for or on behalf of such organization, provided that there is
submitted to the Clerk proof that such charitable organization is
registered under W.S.A. s. 440.42. Any charitable organization not
registered under W.S.A. s. 440.42 or which is exempt from that statute's
registration requirements shall be required to register under this
chapter.[1]
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 purchased or leased for at least one year
the premises from which he or she is conducting business or proof
that the person has conducted such business in the village for a least
one year prior to the date complaint was made.
K.
Educational institutions located in the village when
proceeds of sales of goods are confined to the use of its student
body.
A.
Applicants for registration must complete and return
to the Clerk a registration form furnished by the Clerk containing
the following information:
(1)
Name, permanent address and telephone number and temporary
address, if any.
(2)
Age, height, 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
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 the applicant in the conduct of 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 a least
seven days after leaving the village.
(10)
Statement as to whether the applicant has been convicted
of any crime or ordinance violation related to the 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 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 the applicant's business
requires use of weighing and measuring devices approved by state authorities.
(3)
A State Health Officer's certificate where the applicant's
business involves the handling of food or clothing and is required
to be certified under state law. Such certificate shall state that
the applicant is apparently free from any contagious or infectious
disease and be dated not more than 90 days prior to the date the application
for license is made.
C.
At the time the registration is returned, a fee as
set by resolution of the Village Board from time to time shall be
paid to the Clerk to cover the cost of processing the registration.[1]
D.
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 the direct sales activities of
the applicant, in the event that the applicant cannot, after reasonable
effort, be served personally.
A.
Upon receipt of each application, the Clerk shall
refer it immediately to the Chief of Police, who shall make and complete
an investigation of the statements made in such registration.
B.
The Clerk shall refuse to register the applicant if
it is determined, pursuant to the investigation above, that:
(1)
The application contains any material omission or
materially inaccurate statement;
(2)
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;
(3)
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
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 W.S.A. ss. 68.07 through 68.16.
No direct seller shall:
A.
Call at any dwelling or other place between 9:00 p.m.
and 9:00 a.m. except by appointment.
B.
Call at any dwelling or other place where a sign is
displayed bearing the words "No Peddlers," "No Solicitors" or words
of similar meaning.
C.
Call at the rear door of any dwelling place.
D.
Remain on any premises after being asked to leave
by the owner, occupant or other person having authority over such
premises.
E.
Misrepresent or make false, deceptive or misleading
statements concerning the quality, quantity or character of any goods
offered for sale, the purpose of his or her visit, his or her identity
or the identity of the organization he or 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. Such
portion shall be expressed as a percentage of the sale price of the
goods.
F.
Due to traffic hazard and pedestrian safety, vendors
may not position the vehicles from which the sales are made on any
Village street, sidewalk, boulevard or any public property within
the Village limits not designated by the Village Board.
[Amended 5-11-2010 by Ord. No. 10-03]
G.
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.
H.
Allow rubbish or litter to accumulate in or around
the area in which he or she is conducting business.
A.
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 the goods
or service he or she offers to sell.
B.
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 the 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.
[Amended 1-12-1999 by Ord. No. 99-01]
C.
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 guaranty
or warranty is provided and, if so, the terms thereof.
The Chief of Police shall report to the Clerk
all convictions for violation of this chapter, and the Clerk shall
note any such violation on the records of the registrant convicted.
A.
Registration may be revoked by the Village Board,
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 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 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.
Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
