It shall be unlawful for any transient merchant
to engage in sales within the City of Gillett without being registered
for that purpose as provided herein.
The terms used in this chapter shall be defined
as follows:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic, or charitable
person, partnership, association or corporation, or one purporting
to be such.
MERCHANDISE
Includes personal property of any kind and shall include
merchandise, goods, or materials provided incidental to services offered
or sold. The sale of merchandise includes donations required by the
seller for the retention of goods by a donor or prospective customer.
PERMANENT MERCHANT
Any person 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 the local trade area among the communities bordering
the place of sale; or
B.
Has continuously resided in the local trade
area among the communities bordering the place of sale and now does
business from his/her residence.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
at any place in this state temporarily and who does not intend to
become and does not become a permanent merchant of such place. For
purposes of this chapter, "sale of merchandise" includes a sale in
which the personal services rendered upon or in connection with the
merchandise constitute the greatest part of value for the price received
but does not include an auction sale conducted by or for a resident
of personal property or the sale of produce or other perishable products
at retail or wholesale by a resident of this state.
This chapter shall not apply to the following:
A. Any person delivering newspapers, fuel, dairy products
or bakery goods to regular customers on established routes.
B. Any person selling merchandise at wholesale to dealers
in such merchandise.
C. Any person selling agricultural products which the
person has grown.
D. Any permanent merchant or employee thereof who takes
orders at the home of the buyer for merchandise regularly offered
for sale by such merchant within this county and who delivers such
merchandise in his regular course of business.
E. Any person who has an established place of business
where the merchandise being sold is 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, with the prospective customer.
G. Any person selling or offering for sale a service
unconnected with the sale or offering for sale of merchandise.
H. Any person holding a sale required by statute or by
order of any court and any person conducting an 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/Treasurer proof that
such charitable organization is registered under § 202.12,
Wis. Stats. Any charitable organization engaging in the sale of merchandise
and not registered under § 202.12, 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 complaint has been made to the Clerk/Treasurer that such
person is a transient merchant, provided that there is submitted to
the Clerk/Treasurer proof that such person has leased for at least
one year, or purchased, the premises from which he/she has conducted
business in the market area for at least one year prior to the date
the complaint was made.
K. Any individual licensed by an examining board, as
defined in § 15.01(7), Wis. Stats.
L. Transient merchants while doing business at special
events authorized by the Common Council.
Any person refused or denied registration may
appeal the denial through the appeal procedure provided by ordinance
or resolution of the Common Council or, if none has been adopted, under the provisions of
§§ 68.01 through 68.16, Wis. Stats.
The Chief of Police shall report to the Clerk/Treasurer
all convictions for violation of this chapter, and the Clerk/Treasurer
shall note any such violation on the record of the registrant convicted.
Any person who shall violate the provisions of this chapter shall, upon conviction, be subject to a forfeiture as provided in Chapter
1, Article
II, of this Code for each offense.