It shall be unlawful for any direct seller to engage in direct
sales within the Village of Rothschild without being registered for
that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, but shall not include
religious organizations.
DIRECT SELLER
Any individual who, for him/herself or for another (including
but not limited to a partnership, association or corporation), sells
goods, or takes sales orders for the later delivery of goods, at any
location other than the permanent business place or residence of said
individual, partnership, association or corporation and shall include
but not be limited to peddlers, solicitors and transient merchants.
The sale of goods includes donations required by the direct seller
for the retention of goods by a donor or prospective customer.
GOODS
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller who, for at least one year prior to the consideration
of the application of this chapter to said merchant:
A.
Has continuously operated an established place of business in
this Village; or
B.
Has continuously resided in this Village and now does business
from his/her residence.
The following shall be exempt from all provisions of this chapter:
A. Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
B. Any person selling goods at wholesale to dealers in such goods.
C. Any person selling agricultural products which such person has grown.
D. Any permanent merchant or employee thereof who takes orders away
from the established place of business for goods regularly offered
for sale by such merchant within this county and who delivers such
goods in his/her regular course of business.
E. 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.
F. 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, on other than a one-time basis with the prospective customer.
G. Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods.
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 organization who engages
in direct sales for or on behalf of said organization, provided that
there is submitted to the Clerk proof that such charitable organization
is registered under § 440.42, Wis. Stats. Any charitable
organization not registered under § 440.42, Wis. Stats.,
or which is exempt from that statute's registration requirements,
shall be required to register under this chapter.
J. Any person who claims to be a permanent merchant but against whom
a complaint has been made to the Clerk that such person is a transient
merchant, provided that there is submitted to the Clerk proof that
such person has leased for at least one year, or purchased, the premises
from which he/she is conducting business or proof that such person
has conducted such business in this Village for at least one year
prior to the date complaint was made.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Village
Board or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
The Chief of Police shall report to the Clerk all convictions
for violation of this chapter, and the Clerk shall note any such violation
on the registrant convicted.
[Amended 8-28-2017]
Any person violating this chapter shall be subject to §
1-2 of this Code.