It shall be unlawful for any transient merchant, direct seller
or charitable solicitor to engage in direct sales or solicitation
activities within the City of Prescott without being registered for
that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE SOLICITOR
A.
Any organization having tax status as a not-for-profit organization.
B.
Any person engaged in direct solicitation who:
(1)
Seeks donations of money or other contribution of items of value
for an organization or cause; or
(2)
Sells items on behalf of an organization or cause but asks for
contribution of greater value than the item being sold.
DIRECT SELLER
Any individual who engages in the soliciting of services
at any place in this City temporarily, and who does not intend to
become a permanent merchant of such place.
PERMANENT MERCHANT
Any person who has registered as a permanent business at
a fixed address.
PERSON
All humans of any age or sex, partnerships, corporations,
associations, groups, organizations and any other description of a
collection of human beings working in concert or for the same purpose
or objective.
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 a permanent merchant of such place.
The following shall be exempt from all provisions of this chapter:
A. Regular delivery routes. Any person delivering newspapers or fuel
to regular customers on established routes.
B. Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise.
C. Deliveries by permanent merchants. 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 their regular course of business.
D. Requested home visits. 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.
E. Prior sales transactions. 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.
F. Auctions; sales authorized by statute. 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.
G. Charitable organizations; limited exemption. Any employee, officer
or agent of a charitable organization who engages in direct sales
for or on behalf of said organization shall be exempt from fees imposed
by this chapter, provided that there is submitted to the City Administrator
proof that such charitable organization is registered under § 440.42,
Wis. Stats., and the charitable solicitors register with the City
under this chapter. Any charitable organization engaging in the sale
of merchandise and 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.
H. Alleged transient merchants. Any person who claims to be a permanent
merchant but against whom complaint has been made to the City Administrator
that such person is a transient merchant.
I. Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
J. City authorized events. Transient merchants, direct sellers, charitable
solicitors and produce vendors are required to follow the guidelines
of the special event's organizers as authorized by the Common Council.
K. Resident minors. Minors under the age of 18 who are residents of
the Prescott Area School District.
L. Repair service. Any repair service, including contractors, mechanical,
electrical and plumbing repair, roofing companies, etc., contracted
by the occupant or the premises to provide a service. This does not
include contractors of any of the services previously mentioned who
solicit business on a door-to-door basis.
M. Parcel delivery service. Any delivery service such as UPS or RPS
(these are examples but not limited to such examples).
Any person 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 §§ 68.07
through 68.16, Wis. Stats.
Sales shall be limited to no more than four per year, and each
shall comprise no more than three days.
Failure to register after being notified of need for a registration
will result in a fine being imposed.
The Police Department shall report to the City Administrator
all convictions for violations of this chapter, and the City Administrator
shall note any such violation on the record of the registrant convicted.