[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987
by Ord. No. 87-6 as §§ 12.08 and 12.15 of
the 1987 Code. Amendments noted where applicable.]
It shall be unlawful for any direct seller, transient merchant or solicitor
to engage in direct sales or solicitations within the City without being registered
and licensed for that purpose, as provided herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Each individual applying for registration and licensing as a direct
seller, transient merchant or solicitor.
Any benevolent, philanthropic, patriotic or eleemosynary person,
partnership, association or corporation for which there is provided proof
of tax-exempt status pursuant to § 501(c)(3) or (4) of the United
States Internal Revenue Code.
Any individual who, for himself 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 said individual, partnership, association or corporation
and shall include, but not be limited to, peddlers, canvassers and transient
merchants. The sale of goods and services includes donations requested or
required by the direct seller for the retention of goods or services by a
donor or prospective customer.
Personal property of any kind and includes goods provided incidental
to services offered or sold.
A direct seller or one representing a merchant who, for at least
one year prior to the submission of an application pursuant to this chapter,
has continuously operated an established place of business in the City or
has continuously resided in the City and now does business from his residence.
Each individual registered by the Clerk-Treasurer.
Any individual who, for himself or for any other person, organization,
society, association or corporation, personally solicits money, property or
financial assistance of any kind from persons other than members of such organization,
society, association or corporation.
Any person, whether as owner, agent, consignee or employee, who engages
in a temporary business of selling and delivering goods, wares and merchandise
within the City and who, in furtherance of such purpose, hires, leases, uses
or occupies any building, structure, motor vehicle, trailer, tent, railroad
boxcar or boat, public room in a hotel, lodging house, apartment, shop or
any street, alley or other place within the City for the exhibition and sale
of such goods, wares and merchandise, either privately or at public auction,
provided that such definition shall not be construed to include any person,
firm or corporation who or which, while occupying such temporary location,
does not sell from stock but exhibits samples for the purpose of securing
orders for future delivery only. The person, firm or corporation so engaged
shall not be relieved from complying with the provisions of this chapter merely
by reason of associating temporarily with any local dealer, trader, merchant
or auctioneer or by conducting such transient business in connection with,
as a part of, or in the name of any local dealer, trader or auctioneer.
A.
The following shall be exempt from all provisions of
this section:
(1)
Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
(2)
Any person selling goods at wholesale to dealers in such
goods.
(3)
Any farmer or truck gardener selling agricultural products
of the farm or garden occupied or cultivated by such person.
(4)
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 the county and who delivers such goods in
his regular course of business.
(5)
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.
(6)
Any person who has had, or represents a company which
has had, a prior business transaction such as a prior sale or credit arrangement
with a prospective customer.
(7)
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.
B.
Charitable organizations registered with the Wisconsin Department of Regulation and Licensing, pursuant to § 440.41, Wis. Stats., shall be exempt from the requirements set forth in §§ 178-4A and C and 178-6 below if the organization has provided the individual representing it with credentials stating the name of the organization, the name of the representative and the purpose of the solicitation and provided, further, that said individuals complete an application on a form provided by the Clerk-Treasurer. A license operative for the dates provided to the Clerk-Treasurer shall be issued without charge upon compliance with the foregoing. The Clerk-Treasurer shall then forward the information and notice of the issuance of a license to the Chief of Police.
C.
Any religious organization from which there is provided proof of tax-exempt status, pursuant to § 501(c)(3) of the United States Internal Revenue Code, shall be exempt from the requirements set forth in §§ 178-4A and C and 178-6 below. The provisions of Subsection B above shall be applicable to such organizations.
D.
Veteran's license.
(1)
(2)
The Clerk-Treasurer shall then forward the above information
to the Chief of Police.
A.
Applicants for licenses must complete and return to the
Clerk-Treasurer a registration form furnished by the Clerk-Treasurer.
B.
Applicants shall present the following items to the Clerk-Treasurer
for examination:
(1)
A driver's license or some other proof of identity as
may be reasonably required.
(2)
A physician'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 to state that the applicant is apparently
free from any contagious or infectious disease and dated not more than 90
days prior to the date the application for license is made.
C.
No application shall be processed until the application
fee in the amount as stated in the City of Waterloo Fee Schedule has been
paid to the Clerk-Treasurer to cover the cost of processing said application.[1]
[Amended 11-17-2005 by Ord. No. 2005-4]
[1]
Editor's Note: The Fee Schedule is on file at the office of the City
Clerk-Treasurer.
A.
Upon receipt of a completed registration form, the Clerk-Treasurer
shall immediately refer it to the Chief of Police to make an investigation.
The Chief of Police or his designee shall complete the investigation and file
a report with the Clerk-Treasurer within 72 hours.
B.
The Clerk-Treasurer 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 Chief
of Police shall endorse on said application his disapproval and his reasons
for the same and return the application to the Clerk-Treasurer, who shall
notify the applicant that his application was not approved and no license
will be issued.
D.
In the event the Clerk-Treasurer shall refuse to issue
the applicant a license, the Clerk-Treasurer shall provide the applicant an
opportunity to refute said reasons for denial of the license. After the Clerk-Treasurer
has made a final determination, he 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
such action by filing with the Council, within 14 days after written notice
of the denial, a written statement requesting a hearing and setting forth
the grounds for the appeal. The Council shall set a time and place for the
hearing. Written notice of the time and place of the hearing shall be given
to the applicant at least 24 hours prior to the time set for the hearing.
A.
Upon compliance with the foregoing requirements and filing
of a bond, if applicable, the Clerk-Treasurer shall register the applicant
as a direct seller, transient merchant or solicitor and issue a license to
the applicant. The license shall be operative for 90 consecutive days from
the date of issuance.
B.
Such license shall contain the signature of the Clerk-Treasurer;
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.
A registrant shall exhibit his 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 this county, or who is such a resident and represents a business or organization
whose principal place of business is located outside the state, shall file
with the Clerk-Treasurer a surety bond for a term of one year from the date
of issuance of the license, running to the City in the amount of $500 with
surety acceptable to the Clerk-Treasurer, conditioned that the applicant comply
with all applicable ordinances of the City and statutes of the state regulating
peddlers, canvassers, solicitors and transient merchants. Such bond shall
guarantee to any citizen of the City that all money paid as a down payment
shall be accounted for and applied according to the representations of the
seller and that the property purchased shall 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 or solicitor shall be prohibited from:
(a)
Calling at any dwelling or other place between the hours
of 9:00 p.m. and 9:00 a.m. except by appointment.
(b)
Calling at any dwelling on Sundays and legal holidays.
(c)
Calling at any dwelling or other place where a sign is
displayed bearing the words "No Peddlers," "No Solicitors" or words of similar
meaning.
(d)
Calling at the rear door of any dwelling place.
(e)
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 or solicitor shall not misrepresent or
make false, deceptive or misleading statements concerning the quality, quantity
or character of any goods or services offered for sale, the purpose of his
visit, his identity or the identity of the organization he represents.
(3)
No direct seller or solicitor shall impede the free use
of sidewalks and streets by pedestrians and vehicles. Where sales or solicitations
are made from vehicles, all traffic and parking regulations shall be observed.
No direct seller or solicitor shall have any exclusive right to any location
in the public streets. No direct seller or solicitor shall sell or solicit
in any congested area or where the public will be impeded or inconvenienced.
For the purpose of this section, the judgment of a police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
(4)
No direct seller or solicitor shall make any loud noises
or use any sound-amplifying device to attract customers or donors if the noise
produced is capable of being plainly heard outside a one-hundred-foot radius
of the source.
(5)
No direct seller or solicitor shall allow rubbish or
litter to accumulate in or around the area in which he is conducting business
or making solicitations.
B.
Disclosure requirements.
(1)
After the initial greeting and before any other statement
is made to a prospective customer or donor, a direct seller or solicitor shall
expressly disclose his name, the name of the company or organization he is
affiliated with, if any, and the identity of goods or services he offers to
sell.
(2)
If any sale of goods or services is made by a direct
seller or any sales order for the later delivery of goods or services 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)
If the direct seller takes a sales order for the later
delivery of goods, 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; and the delivery or performance
date and whether a guarantee or warranty is provided and, if so, the terms
thereof.
The Chief of Police shall report to the Clerk-Treasurer all convictions
for violations of this chapter and the Clerk-Treasurer shall note any such
violation on the record of the registrant convicted. The Clerk-Treasurer shall
note any complaint or report of an alleged violation made by a resident of
this City or a police officer.
A.
The registrant's license may be revoked by the Council
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 or solicitation, 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 or
solicitations.
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 acts or omissions upon which the hearing will be based.
