HomeMy WebLinkAbout33919 / 86-75May 15, 1986 # 75 Ordinance
(CARRIED LOST _ LAID OVER _ WITHDRAWN )
PURPOSE: AMEND PEDDLER/TRANSIENT MERCHANT PROVISIONS
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSA AMENDING ARTICLE VIT OF
CHAPTER 8 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PEDDLERS AND
TRANSIENT MERCHANTS
The Common Council of the City of Oshkosh do ordain as follows:
SECTIOH 1. That Article VII of Chapter 8 of the Oshkosh
ldunicipal Code is hereby repealed and recreated as follows:
ARTICLE VII. DIRECT SELLERS AND SOLTCITORS
SECTION 8-45 INTENT OF REGULATIONS
The intent of these regulations is to protect the peaceful enjoyment
of the residents of Oshkosh in their residence and throughout the
community and to protect residents from commercial fraud whenever
possible. The Common Council recognizes that consti.tutional
limitations restrict extensive and broaa prohibitions against airect
sales and solicitations, but it believes that reasonable requlations
are essential to promote privacy among city residents given that door-
to-door type activities as contemplated herein are not traditional
public forums.
SECTION 8-46 REGISTRATION REQUIRED
It shall be unlawful for any person to engage in direct sales or
solici.tation within the City of Oshkosh without first being registered
for that purpose and complying with the provisions of this Article as
provided herein.
SECTION 8-47 DEFINITIONS
When used in this Article, the following terms shall have the
following meanings:
(F) "Charitable Organizati.on" shall include any benevolent,
philanthropic, patriotic or eleemosynary person, partnership,
association or corporation, or one purporting to be such.
(B) "Direct Seller" means 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 said
individual, partnership, association or corporation, and
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May 15, 1986 # 75 Cont'd.
shall include, but not be limited to peddlers, solicitors and
transient merchants. The sale of goods or services includes
donations rea,uired by the direct seller for the retention of
goods or services by a donor or prospective customer.
(C) "Goods" shall include personal property of any kind, and
shall include goods provided incidental to services offered
or sold.
(D) "Permanent Merchant" means a direct seller who operates
an established business in this city from a permanent
location in compliance with the provisions of Chapter 30 of
this Municipal Code.
(E) "Services" shall include the performance ofa duty or
labor for the benefit of another and shall include services
provided incidental to goods offered or sold.
(F) "Solicitor" means any individual who, for him/herself,
or for a partnership, association or corporation, appeals for
contributions of money, time, support or personal property of
any kind or value.
SECTION 8-48 SCOPE OF ARTICLE
(A) The registration requirements of this Article shall not
apply to the following:
(1) artists or craftsmen selling their own
creations;
(2) employees, members, officers or agents of a
charitable organization engaging in direct sales or
soliciation for or on behalf of said orgainzation,
provided that there is submitted to the City Clerk
satisfactory evidence of registration under Section
440.41 of the Wisconsin Statutes, provided there is
compliance with the provisions of Section 8-54 of
this Article. Any organization not so registered,
or which is exempt from such registration
requirements except for veterans organizations
incorporated under Chapter 188 of the Wisconsin
Statutes or chartered under federal law, shall be
required to register under this Article;
(3) individuals delivering newspapers, fuel, dairy
products or bakery goods to regular customers or
established routes or to prospective customers for
sales for future aeliver;
(4) individuals selling personal property at
wholesale to dealers in such goods;
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May 15, 1986 # 75 Cont'd.
(5) permanent merchants, their employees or
designee, who take orders away from the established
place of business for goods regularly offered for
sale by such merchants and who deliver said goods
in the regular course of their business;
(6) persons who have had, or one who represents a
direct seller upon proper identification who has
had, a prior business transaction with the
prospective customer, or who have been contacted by
the buyer who specifically requested a home visit;
(7) persons selling agricultural products which
such persons have grown or produced.
(B) Nothing contained in this Article shall be construed to
prohibit or restrict any sale required by statute or by order
of any Court, or to prevent any person conducting a bona fied
auction pursuant to law.
SECTION 8-49 REGISTRATION
(A) Applicants for registration must complete and return to
the City Clerk a registration form furnished by the City
Clerk which shall requi.re the followi.ng informati.on:
(1) name, permanent address and telephone number,
and temporary address, if any;
(2) age, height, weight, 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 aciaress 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 applicant in the conduct of his/her
business;
(8) last cities, villages, towns, not to exceed
three, where applicant conducted similar business,
if any; and, where employer conducted similar business;
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May 15, 1986 # 75 Cont'd.
(9) place where applicant can be contacted for a
least seven oays after leaving Oshkosh;
(10) statement as to whether applicant has been
convicted of any crime or ordinance violation
related to applicant's transient merchant business
within the last five years; the nature of the
offense and the place of conviction;
(11) date of request for registration.
(B) Applicants shall present to the City 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 City 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 requi.red to be certified unaer
state law; such certificate to state that appli.cant
is apparently free from any contagious or
infectious disease, dated not more than 90 days
prior to the date the application for license is
made.
(C) At the time the registration is returned for filing
with the City Clerk, the applicant shall have paid to the
City Treasurer a fee of $25.00 and shall display to the City
Clerk a receipt for payment thereof.
(1) The applicant shall sign a statement
appointing the City Clerk as 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 any activities. The City Clerk
shall immediately forward by first class mail any
such court papers to the permanent aaciress of the
applicant as listed on the application for
registration.
(D) Upon receipt of each application and display of receipt
for payment of fee, the City Clerk shall immediately refer it
to the Chief of Police or designee for investigation, to be
completed within five business days of referral, of the
statements made in the application.
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May 15, 1986 # 75 Cont'd.
(1) The City Clerk shall refuse to register the
applicant if it is determined, pursuant to the
investigation, any one of the following:
a) the application contains any material
omission or materially inaccurate statement;
b) valid or substantiated complaints of
material nature against the applicant received
by authori.ties in the communities where the
applicant conducted similar business;
c) the applicant had his/her registration
revoked by the City Council and six months
since the date of revocation, or decision or
appeal, have not elapsea;
d> the applicant was convicted of, or is
subject to a pending charge of, a crime,
statutory or regulatory violations, or
ordinance vi.olation within the last five (5)
years for an offense which is substantially
related to the circumstances of the particular
job or licensed activity or the nature of
which is directly related to the applicant's
fitness to engage in direct selling or
solicitation;
e) the applicant failed to comply with any
applicable provision of subsections (B) or (C)
above.
(2) Upon completion of such investigation, the
City Clerk shall, subject to the restrictions
contained in subsection (1) above, register the
applicant as a direct seller or solicitor and shall
issue to the applicant an identification carci.
a) the registration shall be valid for a
period not exceed twelve months;
b) all registrations shall expire on
December 31st of the year entered.
(3) The identification card shall contain the
applicant's name and representation, a current
photograph of the applicant, the date of
registration and the date of expiration, and a
disclaimer that the City, despite registration
requirements, does not endorse or condone the
activities of the applicant. Said card shall be
embossed in plastic and shall be issued to the
applicant upon registration.
a) such card shall be visibly displayed at
all times the applicant is conducting direct
sale or solicitations;
b) no applicant may enaage in direct sales or
solicitations prior to reqistration and
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May 15, 1986 # 75 Cont'd.
issuance of such identification;
c) the City clerk shall rea,uir
ten dollars (510.00) to issue a
card.
e payment of
replacement
(E) Any person denied registration may appeal the denial.
Sections 68.07 through 68.16 of the Wisconsin Statutes shall
govern any appeal and the City Attorney or designee is hereby
appointed as impartial aecision maker for any hearing on
aaministrative appeal.
SECTION 8-50 REGULATIONS
(A) The following practices are hereby prohibited:
(1) Calling at
the hours of
appointment;
any dwelling or other place between
8:00 p.m. and 9:00 a.m, except by
(2) Calling at any dwelling or other place where a
sign is displayed bearing the words "No Peddlers"
or "No Solicitors" or words of similar meanina:
(3) Calling at the rear door of any dwelling place
unless previously arranged;
(4) Remaining on any premises after beingasked to
leave by the owner, occupant or other person having
authority over such premises;
(5) Misrepresenting or making false, deceptive or
misleauing statements concerning the quality,
quantity or character of any goods or services
offered for sale, the purpose of the visi_t, the
identity of the caller or the identity of the
organization represented;
a) a direct seller for a charitable
organization shall specifically disclose what
portion of the sale price of goods or services
offered will actually be used for the
chaxitable purpose for which the oraanization
is seeking assistance, and said portion shall
be expressed as a percentage of the sale price
of the goods or services.
(6) Failing to outwardly display at all times
while engaged in direct selling or soliciting the
city-issued identification, if reqistration is
required, or failing to display when requested a
document identifyina the direct seller or solicitor
as representing an individual, a partnership, an
association or a corporation, if exempt from the
registration requirements of this Article;
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May 15, 1986 # 75 Cont'd.
a> failing to display, when requested to do
so by any law enforcement officer, such
identification or document.
(7) Impediny the free use of sidewalks, streets
anci otY,er rights of way by pedestrians and vehicle;
a3 where sales or solicitations are made
by vehicles, all traffic and parking
regulations shall be observed.
(8) Making any loud noises or using any sound
amplifyinq devices to attract customers if the
noise produced is capable of being plainly hearci
outside a one-hundreci (100) foot radius of the
source.
(9) Litterina or allowing rubbish or ].itter to
accumulate in or around the area where he/she is
conducting activities.
(B) The following shall be additional requirements for
direct sellers:
(1) After the initial greeing and before any other
statement is made to a prospective customer, a
direct seller shall expressly disclose his/her
name, the name of tYie company or organization
he/she is affiliated wi.th, if any, and the identity
of goods or services he/she offers to sell.
(2) If any sale of goods is madeby 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 saic; transaction if it
involves the extension of credit or is a cash
transaction of more than 525, in accordance with
tYee proceciure as set forth in sec. 423.203, Stats,;
the seller shall give the buyez two copies of a
typed or printed notice of that fact. Such notice
shall conform to the requirements of secs.
423.203(1)(a)(b) and (c), (2) and (3), Stats.
(3) If the direct seller takes a salea order for
the later 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 or no advance payment is made, the name,
address and telephone number of the seller, the
delivery or performance date and whether a
guarantee or warranty is provided and, if so, the
terms thereof.
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Nay 15, 1986 # 75 Cont'�.
SECTION 8-51 RECORDS
The Chief of Police or designee shall regort to the City Clerk
all convictions for violation of this ordinance. The City Clerk shall
note any such violation on the record of the individual and shall
report any such conviction to the Ci.ty Council anG to the partnership,
association or corporation on whose behalf the indi.vidual represents.
SECTION 8-52 REVOCATION OF REGISTRATION
(A) Registration maybe revoked by the City Council after
notice and hearing for any of the following:
(1) making any material omission or materially
inaccurate statement in the application for
registration;
(2) making any graudulent, false, deceptive or
misleading statement or representation in the
course of engagin in the direct sales or
soliciting;
(3) violating any provision of the Article;
(4) being convicted of any crime or any statutory,
regulatory or ordinance violation which is directly
related to the registrant's fitness to engage in
8irect sellinq or solicitinq;
(5) conducting di.rect sales or solicitations in an
unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of
the public.
(B) Written notice of the hearing for revocation shall be
yiven by the City Clerk settinq for specifically the grounds
of the cornplaint and the ti.me and place of the hearinq. Such
notice shall be mailed postage prepaid to the registrant at
his/her last known ad6ress, as listed on the application, at
least five (5) days prior to the date set for hearing or
shall be served in the same manner as a summons in a civil
matter at least three (3) days prior to the date set for
hearina,
(C) The hearing, final determi.nation anG any ju6icial review
shall be governed by Sections 68.11(2) and (3), 60.12 and
68.13 of the Wisconsin Statutes.
(1) The City Attorney shall act as prosecutor of
any complaint;
(2) Final determination shall be by the City
Council and shall be mailed postage prepaid, by the
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May 15, Y486 # 75 Cont'd.
City Clerk to the individual at the last known
addres. as listea on the application or as proviaed
by the fndividual at the hearing.
SECTION 8-53 REAPPLTCATION
No individual whose registration has been revoked shall make
further application until a period of six (6) months shall have
elapsed since the date of the last previous revocation by the City
Council or as determined on appeal.
SECTION 8-54 EXEMPT CHARITABLE OkGANI7ATI0NS
In the event an organization is exempt from the registration
requirements of this Article, said organizati.on shall still be
required to file an application with the City Clerk furnishinq the
following information:
(A) Name of the organization and purpose of the cause for
which direct sales or solicitation is being conducted;
(B) Names and addresses of the organization and of the
off�cers and of tY,e a5rectors of the oroanization;
(C) Feriod during which direct sales or solicitation is to
be carried on;
(D) Whether or not any commissions, fees, wages or
emoluments are to be expended in connection with such direct
sales or solicitations and the amount thereof;
(E) Type of identification or
individuals enaaging in direct
of the organization;
documentation is to be used by
sa]es or soli.ci.ting on behalf
(F) Satisfactory evicience of xegistration under Section
440.41 of the Wisconsin State Statutes.
All other provisions and regulations of this Article, as may be
applicable, shall be complied with.
SECTION 8-55 SEVERANCE CLAUSE
The provisions of this Article are delcared to be severable, and
if any section, sentence, clause or phrase of this Article shall for
any reason be held to be invalid or unconstitutional, such decisi.on
shall not affect the validity of the remaininq sections, sentences,
clauses or phrases of this Article, but they shall remain in effect,
it being the legislative intent that this Article shall stand
notwithstanding the invalidity of any part.
SECTIONS 8-56 THROUGH 8-61 RESERVED
SECTION 2. That Section 17-1 of the Oshkosh MunS.cipal Coae
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May 15', 1986 # 7s cont'a.
pertainina to Table of Licen�es and Penalties is hereby amended
accordingly.
Section 3. That this ordinance shall be in full force and effect
from and after its passaqe and publication.
SUEYITTED BY I
1PPROVED
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