It shall be unlawful for any direct seller to engage in sales
within the Town of Genesee 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.
DIRECT SELLER
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 a farm auction sale conducted by or for a resident
farmer of personal property used on the farm or the sale of produce
or other perishable products at retail or wholesale by a resident
of this state.
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.
The investigating agent/agency shall report to the Clerk all
convictions for violations of this chapter, and the Clerk shall note
any such violation on the record of the registrant convicted.
Each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter
1, General Provisions, Article
I, General Penalty, of this Code.