It shall be unlawful for any transient merchant, direct seller
or charitable solicitor to engage in direct sales or solicitation
activities within the Village of Dane without being registered for
that purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, religious, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such, including, for example, Boy Scouts, Girl Scouts, 4-H Clubs
and school organizations.
CLERK-TREASURER
The Village of Dane Clerk-Treasurer or Deputy Clerk-Treasurer.
MERCHANDISE
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 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 person engaged in direct solicitation who:
A.
Seeks donations of money or other contributions of items of
value for an organization or cause; or
B.
Sells items on behalf of an organization or cause but asks for
a contribution of greater value than the item being sold.
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. For purposes of this definition,
"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
the sale of produce or other perishable products by a resident of
this state. For purposes of this chapter, the term "transient merchant"
shall include direct sellers and solicitors seeking donations or funds
for an organization, unless excepted.
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 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.