Chapter 10


BUSINESS REGULATIONS


Article 1. Direct Sellers


§10-101             DIRECT SELLERS; REGISTRATION REQUEST. It shall be unlawful for any direct seller to engage in direct sales within the Municipality without being registered for that purpose as provided herein. Each individual who acts as a direct seller shall be required to register as required herein.


§10-102             DIRECT SELLERS; DEFINITIONS.

(1)        ”Direct seller” shall mean any individual who, for himself, or for a partnership, association or corporation, sells goods and/or services, or takes sales orders for the later delivery of goods and/or services, at any location other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include, hut not be limited to, peddlers, solicitors and transient merchants. The sale of goods and/or services includes donations required by the direct seller for the retention of goods and/or services by a donor or prospective customer.

(2)        “Goods” shall include personal property of any kind, and shall include goods provided incidental to services offered or sold.

(3)        “Services” shall include labor and professional services of any kind and shall include services provided incidental to goods offered or sold.

(4)        “Charitable organization” shall include any benevolent philanthropic, or patriotic person, partnership association or corporation, or one purporting to he such.

(5)        “Clerk” shall mean the Municipal Clerk.


§10-103             DIRECT SELLERS; EXEMPTIONS. The following shall be exempt from all provisions of this Article:

(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 selling agricultural products which such person has grown;

(4)        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;

(5)        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;

(6)        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.


§10-104             DIRECT SELLERS; REGISTRATION; INFORMATION REQUIRED. Applicants for registration must complete and return to the Chief of Police a registration form furnished by the Chief of Police which shall require the following information:

(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 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 and/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;

(8)        The last three previous cities, villages, or towns, where applicant conducted similar business;

(9)        Place where applicant can be contacted for at least seven (7) days after leaving the Municipality;

(10)      Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant̓s transient merchant business within the last five (5) years, the nature of the offense, and the place of conviction.


             The Chief of Police may authorize his assistant to act on his behalf to perform the duties and functions set forth in this Article.


§10-105         DIRECT SELLERS; REGISTRATION; ADDITIONAL INFORMATION. (1) Each applicant shall present to the Chief of Police for examination a driver̓s license or some other proof of identity as may be reasonably required.

             (2)     At the time the registration is returned, the applicant shall pay a fee, based upon the duration he desires to engage in business in the Municipality, as follows:

             Per day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20.00

             Per week. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00


Upon payment of said fee, the Chief of Police shall register the applicant as a direct seller and date of entry. Said registration shall be valid for a period of one (1) year from the date of entry, subject to subsequent refusal as provided in section 10-106.


§10-106         DIRECT SELLERS; INVESTIGATION; REFUSAL OF REGISTRATION. Upon receipt of each application, the Chief of Police may make and complete an investigation of the statements made in such registration. The Chief of Police shall refuse to register the applicant if it is determined, pursuant to the investigation, that:

             (1)     The application contains any material omission or materially inaccurate statement;

             (2)     Complaints of a material nature have been received and proven against the applicant by authorities in any of the three (3) previous cities, villages or towns in which the applicant conducted similar business;

             (3)     The applicant was convicted of a crime, statutory violation or ordinance violation within the last five (5) years, the nature of which is directly related to the applicant̓s fitness to engage in direct selling; or

             (4)     The applicant failed to comply with any applicable provision of section 10-105.


§10-107         DIRECT SELLERS; APPEAL FROM REFUSAL. Any person denied registration may appeal to the City Council by appearing before the City Council at its next regular meeting.


§10-108         DIRECT SELLERS; PROHIBITIONS. The following regulations shall govern the conduct of registrants under this Article:

 

(1)        It shall be unlawful for any direct seller to call at any dwelling or other place where a sign is displayed bearing the words “No Peddlers,” “No Solicitors” or words of similar meaning, to call at the rear door of any dwelling place, or to remain on any premises after being asked to leave by the owner, occupant or other person having authority over such premises;

(2)        It shall be unlawful for a direct seller to misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his visit, his identity or the identity of the organization he 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. Said portion shall be expressed as a percentage of the sale price of the goods.

(3)        It shall be unlawful for any direct seller to impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.

(4)        It shall be unlawful for any direct seller to 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 (100̓) radius of the source.

(5)        It shall be unlawful for any direct seller to allow rubbish or litter to accumulate in or around the area in which he is conducting business.


§10-109         DIRECT SELLERS; DISCLOSURE REQUIREMENTS. The following requirements shall govern the conduct of registrants:

 

(1)        After the initial greeting and before any other statement is made to a prospective customer, a direct seller 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 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 said transaction when such right is provided by state law.

(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, the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.


§10-110         DIRECT SELLERS; RECORDS. The Chief of Police shall note all violations of this Article on the record of the registrant convicted.


§10-111         DIRECT SELLERS; REVOCATION OF REGISTRATION. The registration of a direct seller may be revoked by the Mayor for any violation of this Article.