It shall be unlawful for any transient merchant to engage in
direct sales within the Town of Vinland 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, 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
The Town Clerk of the Town of Vinland, or his/her designee.
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 Town; or
B.
Has continuously resided in the Town 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 purposes
or objective.
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. The
term shall include, but not be limited to, peddlers, solicitors and
transient merchants. The sale of goods includes donations required
by the transient merchant for the retention of goods by a donor or
prospective customer. For purposes of this definition, 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 the State of Wisconsin.
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 merchandise at wholesale to dealers in such merchandise.
C. Any person selling Wisconsin agricultural products which the person
has grown.
D. 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 country and who delivers such merchandise in
the regular course of business.
E. 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.
F. Any person selling or offering for sale a service unconnected with
the sale or offering for sale of merchandise.
G. 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.
H. 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 § 202.11, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and not registered
under § 202.11, Wis. Stats., or which is exempt from that
statute's registration requirements, shall be required to register
under this chapter.
I. Any person who claims to be a permanent merchant, but against whom
complaint has been made to the Town Clerk that such a 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/she is conducting business, or proof that
such person has conducted such business within a five-mile radius
of the Town for at least one year prior to the date complaint was
made.
J. Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.
K. This chapter does not apply to transient merchants while doing business
at special events authorized by the Town Board.
L. Minors under 18 years of age who are residents of the school district(s)
in the Town.
Any person denied registration may appeal the denial through
the appeal procedure 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.
Violations of this chapter are punishable as set forth in §
1-4, General penalty, of this Code.