§ 18-708. Regulation of transient merchants.

(a)

Prohibited practices.

(1)

A transient merchant shall be prohibited from: calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No 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.

(2)

A transient merchant shall not 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 transient merchant shall specifically disclose what portion of the sales price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. This portion shall be expressed as a percentage of the sale price of the goods.

(3)

No transient merchant shall 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)

No transient merchant shall 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 100-foot radius of the source.

(5)

No transient merchant shall allow rubbish or litter to accumulate in or around the area in which he is conducting business.

(b)

Disclosure requirements.

(1)

After the initial greeting and before any other statement is made to a prospective customer, a transient merchant 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 and shall exhibit his permit.

(2)

If any sale of goods is made by a transient merchant, or any sales order for the later delivery of goods is taken by the transient merchant, the buyer shall have the right to cancel the transaction if it involves the extension of credit or is a cash transaction of more than $25.00, in accordance with the procedure as set forth in Wis. Stats. § 423.203; 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 Wis. Stats. § 423.203(1)(a), (b) and (c), (2) and (3), (3m).

(3)

If the transient merchant takes a sales order for the later delivery of goods, he shall, at the time the order is taken, provide the buyer with:

a.

A written statement containing the terms of the agreement;

b.

The amount paid in advance, whether full, partial or no advance payment is made;

c.

The name, address and telephone number of the seller;

d.

The delivery or performance date; and

e.

Whether a guarantee or warranty is provided and, if so, its terms.

(Code 1980, § 9.12(7))