ORD1979368ORDINANCE # 368
AN ORDINANCE CREATING CHAPTER 12.03 OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO, REGULATING
DIRECT SELLERS
THE COMMON COUNCII, OF THE CITY OF MUSKEGO. WISCONSIN,
0 DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 12.03 of the Municipal Code of the
City of Muskego is hereby repealed and recreated to provide as
follows :
Section 12.03 Direct Sellers
Sec. 1. Repistration Re uired. It shall be unlawful for
any direct seller to engage + In rect sales within the City of
Muskego without being registered for that purpose as provided herein.
Sec~. 2. Definitions. - In this ordinance:
(A) "Direct seller" means any individual who, for him/
herself, or for a partnersbip, association or corporation, sells
goods, or takes sales orders for the later delivery of goods, at
of said individual, partnership, association or corporation, and
shall include, but not be 1.imited to, peddlers, solicitors and
by the direct seller for th.e retention of goods by a donor or pros-
transient merchants. The s,ale of goods includes donations required
pective customer.
4 any location other than the permanent business place or residence
(B) "Permanent merchant" means a direct seller who, for
this ordinance to said merchant, a) has continuously operated an
at least one year prior to the consideration of the application of
established place of business in this City, or b) has continuously
resided in this City and now does business from his/her residence.
and shall include goods provided incidental to services offered or
(C) "Goods" shall, include personal property of any kind,
sold.
(D) "Charitable organization" shall include any benevolent,
philanthropic, patriotic or eleemosynary person, partnership, asso-
ciation or corporation, or one purporting to be such.
(E) "Clerk" shall mean the City Clerk.
Sec. 3. Exem tions. The following shall be exempt from
all provisions of 7;"Ea, t 1s or liiance:
or bakery goods to regular customers on establlshed routes;
(A) Any person delivering newspapersl fuel, dairy products
(E) Any person selling goods at wholesale to dealers in
such goods;
(C) Any person selling agricultural products which such
person has grown;
orders away from the established place of business for goods regu-
(D) Any permanent merchant or employee thereof who takes
larly 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
e 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 com-
pany which has had, a prior business transaction, such as a prior
sale or credit arrangement, with the prospective customer:
unconnected with the sale or of F ering for sale of goods;
a
(G) Any person sellin or offering for sale a service
(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 organi-
zation who engages in direct sales for or on behalf of said organiza-
tion, provided that there is submitted to the clerk proof that such
Any charitable organizationJ not registered under sec. 1h0.41, Stats.
charitable organization is registered under sec. 440.41 Stats.
or which is exempt from that statute's registration requirements,
shall be required to register under this ordinance;
against whom complaint has 'been made to the clerk that such person is
(J) Any person who claims to be a permanent merchant, but
a transient merchant; provided that there is submitted to the clerk
proof that such person has leased for at least one year, or pur-
chased, 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.
Sec. 4. Registration. -
(A) Applicants for registration must complete and return
to the clerk a registration form furnished by the clerk which shall
require the following infornation:
temporary address, If any;
(1) name, permanent address and telephone number, and
(2) age, height, ,weight, color of hair and eyes;
(3) name, address and telephone number of the person, firm m association or corporation -that the direct seller represents or is
employed by, or whose merchandise is being soldl
business will be conducted, if any;
cription of the goods offered, and any services offered;
(4) temporary add:ress and telephone number from which
(5) nature of business to be conducted and a brief des-
(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; -e (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 :;o whether applicant has been convicted .e merchant business within thc last five years; the nature of the
of any crime or ordinance violation related to applicant's transient
offense and the place of conviction.
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(B) Applicants sh.all present to the clerk for examination:
(1) a driver's license or some other proof of identity
0 as may be reasonably required;
(2) a state certificate of examination and approval from the sealer of weights and n.easures where applicant's bhsiness re-
quires use of weighing and measuring devices approved by state
authorities; a (3) a state health officer's certificate where applicant's
be certified under state law; such certificate to state that appli-
business involves the handl.ing of food or clothing and is required to
cant is apparently free frm any contagious or infectious disease,
dated notr'more than 90 days prior to the date the application for
license is made.
(C) At the time the registration is returned, a fee of $5
shall be paid to the clerk to cover the cost of proceasing said
registration.
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 ac-
reasonable effort, be served personally.
The applicant shall sign a statement appointing the clerk
tivities of the applicant, in the event the applicant cannot, after
the clerk shall register th,e 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 pro-
vided in Sec. 5 (B) below.
Upon payment of said fee and the signing of said statement,
Sec. 5. Investigation. -
(A) Upon receipt of each application, the clerk may refer
it immediately to the chief of police who may 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: the
application contalns 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,
not exceeding three, in which the applicant conducted similar busi-
ness; 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 the ap licant failed to comply with any applicable pro-
vision of Sec. 4(B P above.
the denial through e appeal procedure provided by ordinance or
resolution of the common council, or, if none has been adopted, under
the provisions of Sec. 68.07 through 68.16, Stats.
Sec. 6. A eal. Any person denied registration may appeal "
Sec. 7. Regulation of Direct Sellers.
(A) Prohibited Practices.
(1) A direct seller shall be prohibited from: calling at
any dwelling or other place between the hours of 9:OO p.m. and 9:OO
where a sign is displayed bearing the words "NO Peddlers," "No
a.m. except by appointment; calling at any dwelling or other place
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. e
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(2) A direct sell.er shall not misrepresent or make false,
deceptive or misleading st;:tements concerning the quality quantity
visit, his/her identity or the identity of the organization he/she or character of any goods offered for sale, the purpose of his/her
fically disclose what porti.on of the sale price of goods being represents. A charitable arganization direct seller shall speci-
offered will actually be used for the charitable purpose for which
the organization is soliciting. Said portion shall be expressed as
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.e a percentage of the sale price of the goods.
(3) No direct se1.ler shall impede the free use of sidewalks
vehicles, all traffic and parking regulations shall be observed.
and streets by pedestrians and vehicles. Where sales are made from
(4) No direct sel.ler shall make any loud noises or use any
sound amplgfying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred foot radius
of the source.
mulate in or around the area in which he/she is conducting business.
(5) No direct seller shall allow rubbish or litter to accu -
(B) Disclosure Requirements.
(1) After the ini.tia1 greeting and before any other state-
I ment is made to a prospecti,ve customer, a direct seller shall ex- pressly disclose his/her nimet the name of the company or organi-
zation he/she is affiliated mth if any, and the identity of goods
or services he/she offers t,o seli.
any sales order for the later delivery of goods is taken by the (2) If any sale of goods is made by a direct seller or
seller, the buyer shall have the right to cancel said transaction
more than $25, in accordanc:e with the procedure as set forth in
if it involves the extensictn of credit or is a cash transaction of
sec. 423.203, Stats.; the seller shall give the buyer two copies of a typed or printed noticle of that fact. Such notice shall con-
form to the requirements of secs. 423.203( 1)( a)(b) and (c), (2)
and (31, Stats.
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
number of the seller, the c!ellvery or performance date and whether
or no advance payment is mz.del the name, address and telephone
a guarantee or warranty is provided and, if so, the terms thereof.
clerk all convictim violation of this ordinance and the clerk
Sec. 8. Records. The chief of police shall report to the
shall note any such violation on the record of the registrant con-
victed.
(3) If the direct, seller takes a sales order for the later
e
Sec. 9. Revocaticn of Registration.
(A) Registration may be revoked by the common council
sion or materially inaccurate statement in the application for
after notice and hearing, if the registrant made any material omis-
'e statement or representation. in the course of engaging in direct registration, made any frau.dulent, false, deceptive or misleading
any crime or ordinance or s'tatutory violation which is directly
sales, violated any provision of this ordinance or was convicted of
related to the registrant's. fitness to engage in direct selling.
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(B) Written notic:e of the hearing shall be served
-e personally on the registrar;.t at least 72 hours prior to the time
set for the hearing; such r.otice shall contain the time and place
of hearing and a statement of the acts upon which the hearing will
be based.
provisions of this +', or lnance shall be subject to the penalty pro-
visions of Sec. 25.04 of the municipal code.
Sec. 10. Penalt Any person convicted of violating any
Sec. 11. Effective Date. This ordinance shall take effect
upon passage and publication.
Jerome J. Gottfried, Mayor
City of Muskego
1 ATTEST
I
i City Clerk
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