It shall be unlawful for any transient merchant to engage in
direct sales within the City of New Lisbon 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, or one purporting
to be such.
GOODS
The statutory definition for "goods" provided in Wis. Stats.
§ 402.105, incorporated herein by reference. The term "goods"
also includes all new and used items.
[Added 9-20-2021 by Ord. No. 0719-21-01]
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 merchandise 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.
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.
SOLICITOR
Any individual who, for himself or for any other person,
organization, society, association or corporation, personally solicits
money, property or financial assistance of any kind from persons other
than members of such organization, society, association or corporation.
TRANSIENT MERCHANT
Any person who engages in the business of selling goods,
wares or services within the City of New Lisbon from a temporary location.
This definition shall include a permanent merchant’s use of
motor vehicles, trailers, tents, or any temporary structure to sell
goods, wares or services at locations other than the permanent merchant’s
established place of business.
[Amended 9-20-2021 by Ord. No. 0719-21-01]
The following shall be exempt from provisions of this chapter:
A. Any person delivering newspapers, fuel, dairy products, food products
or bakery goods to regular customers on established routes and merchants
delivering goods in the regular course of business.
B. Vendors of frozen foods, bakery goods, or grocery products to only
regular customers on established routes.
C. Any person selling merchandise at wholesale to dealers in such merchandise.
D. Any person selling agricultural products which the person has grown.
E. 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.
F. 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.
G. 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.
H. Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
I. 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.
J. 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 City Clerk-Treasurer proof that such charitable
organization is registered under § 440.42, Wis. Stats.,
and that such solicitors comply with the registration and regulatory
provisions of § 440.42, Wis. Stats. 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.
K. Any person who claims to be a permanent merchant but against whom
complaint has been made to the City Clerk-Treasurer that such person
is a transient merchant, provided that there is submitted to the City
Clerk-Treasurer 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 City
for at least one year prior to the date complaint was made.
L. Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
M. Any transient merchants doing business at special events specifically
authorized, by resolution by the Common Council, may have the application
of all or part of this article be temporarily suspended.
[Amended 9-20-2021 by Ord. No. 0719-21-01]
N. Minors who are residents of the New Lisbon School District and any
person soliciting donations or selling merchandise associated with
a local school, civic, charitable or community function. For purposes
of this chapter, "local" shall be an activity sponsored by a school
or charitable/civic organization located within 10 miles of the City
of New Lisbon.
O. Any person holding a state license issued pursuant to § 440.51, Wis. Stats., but such person shall comply with the provisions of §
448-7 of this chapter.
P. Any transient
merchant who participates in the farmers market sponsored by the Chamber
of Commerce provided such transient merchant shall only be exempt
while engaging in business at the location and during the hours established
by the Chamber of Commerce for the farmers market, and further provided
that such transient merchant is registered with and approved by the
City Chamber of Commerce.
[Added 9-20-2021 by Ord. No. 0719-21-01]
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
§§ 68.01 through 68.16, Wis. Stats.
The Police Department shall report to the Clerk-Treasurer all
convictions for violations of this chapter and the Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
The penalty for violation of any provision of this chapter shall be a penalty as provided in §
1-4 of this Code. A separate offense shall be deemed committed on each day on which a violation occurs or continues.