It shall be unlawful for any transient merchant to engage in
direct sales within the City of Princeton without being registered
for that purpose as provided herein.
In this chapter:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
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 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 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 constitutes 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. Also for purposes of this chapter, "transient merchant"
shall mean solicitors.
The following shall be exempt from provisions of this chapter:
A. Regular delivery routes. Any person delivering newspapers, fuel,
dairy products, food products or bakery goods to regular customers
on established routes;
B. Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise;
C. Agricultural products. Any person selling agricultural products which the person has grown, provided the provisions of §
341-7C are followed.
D. 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;
E. Requested home visits. Any person who has an established place of
business where the merchandise 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. 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;
G. Services not offering merchandise. Any person selling or offering
for sale a service unconnected with the sale or offering for sale
of merchandise;
H. 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;
I. 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, provided that there is submitted
to the City Administrator/Clerk-Treasurer proof that such charitable
organization is registered under § 440.41, Wis. Stats.,
and that such solicitors comply with the registration and regulatory
provisions of this chapter. Any charitable organization engaging in
the sale of merchandise and not registered under § 440.41,
Wis. Stats., or which is exempt from that statute's registration
requirements, shall be required to register under this chapter.
J. Alleged transient merchants. Any person who claims to be a permanent
merchant, but against whom complaint has been made to the City Administrator/Clerk-Treasurer
that such person is a transient merchant, provided that there is submitted
to the City Administrator/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.
K. Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
L. City authorized events. Any transient merchants doing business at
special events specifically authorized by the Common Council.
M. Local civic activities. 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 Princeton.
N. Resident minors. Minors under the age of 18 who are residents of
the Princeton Area School District.
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.
The Police Department shall report to the City Administrator/Clerk-Treasurer
all convictions for violations of this chapter and the City Administrator/Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.