It shall be unlawful for any direct seller to engage in direct
sales within the Town of Pacific without being registered for that
purpose as provided herein.
In this chapter, the following terms shall have the meanings
indicated:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or charitable
person, partnership, association or corporation, or one purporting
to be such, including, among others, Boy Scouts, Girl Scouts, 4-H
Clubs and school organizations.
DIRECT SELLER
Any individual who, for himself/herself, or for a partnership,
association or corporation, sells goods or takes sales orders for
the later delivery of goods at any location other than the permanent
business place or residence of said individual, partnership, association
or corporation, and shall include, but not be limited to, peddlers,
solicitors and transient merchants. For the purpose of this chapter,
the acceptance of a donation in exchange for goods or an order for
goods shall be deemed an act requiring compliance with all of the
regulatory provisions of this chapter, including registration and
the posting of bond.
GOODS
Includes personal property of any kind and shall include
goods provided incidental to services offered or sold.
PERMANENT MERCHANT
A direct seller who, for at least one year prior to the consideration
of the application of this chapter to said merchant, has continuously
operated an established place of business in this Town or has continuously
resided in this Town 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.
The following shall be exempt from all provisions of this chapter:
A. Any person delivering newspapers, fuel, dairy products or bakery
goods to regular customers on established routes.
B. Any person selling goods at wholesale to dealers in such goods.
C. Any person selling agricultural products which such person has grown.
D. Any permanent merchant or employee thereof who takes orders away
from the established place of business for goods regularly offered
for sale by such merchant within this county and who delivers such
goods in their regular course of business.
E. Any person who has an established place of business where the goods
being sold are 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 goods.
H. 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.
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 Town Clerk proof that such charitable organization
is registered under § 440.42, Wis. Stats. However, any charitable
organization 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.
J. Any religious organization having tax-exempt status under the United
States Internal Revenue Code, upon submitting proof thereof to the
Town Clerk.
K. Any person who claims to be a permanent merchant but against whom
a complaint has been made to the Town Clerk that such person is a
transient merchant, provided that there is submitted to the Town Clerk
proof that such person has leased, for at least one year, or purchased
the premises from which he is conducting business or proof that such
person has conducted such business in this Town for at least one year
prior to the date the complaint was made.
Any person denied registration may appeal the denial through
the general appeal procedures provided by ordinance or resolution
of the Town Board or, if none has been adopted, under the provisions
of §§ 68.07 through 68.16, Wis. Stats.
Any person convicted of violating any provision of this chapter shall be subject to a penalty as provided in §
1-1 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense.