CHAPTER 8 Licenses and Permits Solicitors and Transient Merchants

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1 Page 1 of 6 (Rep. & recr. #3-88) (1) PURPOSE. (Am. #6-97) The residents of the City are frequently solicited to purchase merchandise, make contributions or subscribe to magazines and periodicals. To protect the tranquility, quiet enjoyment, privacy and safety of its citizens and to prevent fraudulent practices by transient merchants and solicitors are legitimate objectives of the City. It is therefore hereby declared that the City deems it appropriate to require a notification and identification procedure from transient merchants and solicitors to achieve these legitimate objectives. (2) DEFINITIONS. (Am. #6-97) (Am. #80-02) a. Solicitor. (Am. #29-03) Any individual, whether principal, agent or employee, who solicits or asks for contributions for any purpose or engages in activity that is part of the individual s plan or scheme to solicit or ask for contributions for any purpose, including but not limited to, orders for goods, wares, merchandise or services, including subscriptions for magazines, periodicals and books. b. Transient Merchant. Any individual, whether principal, agent or employee, who engages, does or transacts any temporary or transient business in this City, either in one location or by moving his place of business from place to place in the City, selling goods, wares, merchandise or services, and whether or not for the purpose of carrying on such business such individual hires, leases, occupies or uses a building, structure, vacant lot or vehicle for the exhibition or sale of such goods, wares, merchandise or services. (3) REGISTRATION TO SELL OR SOLICIT. No person shall act as a transient merchant or solicitor without being registered and receiving an identification card for those purposes as provided herein: (a) Application for Identification Card. Applicants for registration must secure from the Chief of Police or his designee an application for an identification card. The application shall contain the following: 1. Name, home address and telephone number and temporary address, if any. 2. Date of birth, height, weight, color of hair and eyes.

2 Page 2 of 6 3. Name, address and telephone number of the person, firm, association or corporation that the applicant 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. (Am. #6-97) Nature of business or solicitation to be conducted and a brief description of the goods or 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 business. (b) Required to Present. Applicants shall present to the Chief of Police or his designee 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 and dated not more than 90 days prior to the date the application for license is made. (c) Fee. (Am. #25-89) (Am. #6-97) 1. (Am. #24-02)(Am. #80-02) (Am. #31-08) Applicants for registration must pay the Police Department a fee of $35.00 for the costs of processing the application. 2. The applicant shall sign a statement appointing the Clerk his agent to accept service of process in any civil action

3 Page 3 of 6 brought against the applicant arising out of any sale or service performed by the applicant in connection with the sales or solicitation activities of the applicant in the event the applicant cannot after reasonable effort be served personally. 3. (Am. #6-97) Upon payment of such fee, submission of a properly completed registration application and the signing of such statement, the Police Chief or his designee shall register the applicant as a transient merchant or solicitor and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided below. 4. Complete registration shall be required of each individual transient merchant or solicitor regardless of the number of individuals that work for the same organization. (d) Exemptions. The following shall be exempt from the registration requirements 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 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. 4. Any person who has had or one who represents a company which has had a prior business transaction within the past 12 months, such as a prior sale or credit arrangement, with all of the prospective customers to be contacted. 5. 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.

4 Page 4 of 6 6. (Cr. #80-02) Any person authorized by the Business Improvement District to sell goods and/or agricultural products from the stalls at the Farmer s Market. 7. (Cr. #80-02) Any person selling goods or services at Riverfest, Janboree, or any other event on City-owned property, provided that the event has been authorized by the City and the person has obtained permission from the event s organizer. 8. ( Cr. #80-02) Students enrolled in a public, private or parochial elementary, middle or high school who are engaged in the sale of goods, wares, food or merchandise for fundraising activities sponsored by and benefiting such school or an organization officially affiliated with such school. (e) Investigation. Upon receipt of each application, the Chief of Police may make and complete an investigation of the statements made in such registration. (f) (Am. #6-97) Denial or Revocation of Registration. The Chief of Police or designee shall refuse to register the applicant or shall subsequently revoke the registration if it is determined 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 3, in which the applicant conducted similar business; 3. The applicant was convicted of a crime, statutory violation or ordinance violation, the circumstances of which substantially relate to the activities of direct selling or soliciting; 4. The applicant failed to comply with any applicable provision of this section; or 5. (Am. #80-02)

5 Page 5 of 6 (g) Appeal. Any person denied registration or whose registration is revoked may appeal the denial to the Common Council through the appeal procedure provided by ordinance or resolution or, if none has been adopted, under the provisions of Ch. 68, Wis. Stats. (4) CONDUCT OF TRANSIENT MERCHANTS AND SOLICITORS. (a) A transient merchant or solicitor shall not: 1. Misrepresent the quantity, character or quality of any goods, wares, merchandise or services offered for sale or the organization or purposes for which contributions are solicited. 2. Enter upon any premises posted with a sign stating, "No Peddlers," "No Solicitors," "No Trespassing," or having words of substantially the same meaning. 3. Remain on any premises when requested to leave by the owner or occupant thereof or any member of his family. 4. (Am. #20-11) Use any noise making devices to attract attention to the person of or the goods, wares, merchandise or services offered for sale by the transient merchant or solicitor if the noise produced is capable of being plainly heard outside a 75' radius of the source. 5. (Am. #20-09) (Am. #20-11) Engage in any business activity or solicitation, except between 10 a.m. and 5 p.m.; food vending may be conducted between the hours of 10 a.m. and 7 p.m. from June to August. 6. Solicit in groups of more than 2 persons for each residence called upon. 7. (Am. #80-02) Operate on the grounds or in the buildings of any private or public school without the prior consent of the school authorities. 8. Affix a flower, pin, medallion or similar device to the person of another without the prior consent of such person.

6 Page 6 of 6 9. Impede use of sidewalks, streets or other public right-ofway from free use by vehicles and pedestrians. (b) Disclosure requirements: (Am. #6-97) WAUKESHA MUNICIPAL CODE 12/21/11 1. Solicitors and transient merchants shall wear the identification card issued under this ordinance in a conspicuous place upon his/her person while conducting the activities as a solicitor or transient merchant. 2. After the initial greeting and before any other statement is made to a prospective customer, a transient merchant 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. 3. If any sale of goods is made by a transient merchant or solicitor or any sales order for the later delivery of goods is taken by a transient merchant or 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 , Wis. Stats., the transient merchant or solicitor shall give the buyer 2 copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of (1)(a), (b) and (c), (2) and (3), Wis. Stats. 4. If the transient merchant or solicitor 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; the name, address and telephone number of the transient merchant or solicitor; the delivery or performance date; and whether a guarantee or warranty is provided and, if so, the terms thereof.