It shall be unlawful for any direct seller or solicitor to engage
in direct sales or solicitations within the Village without being
registered and licensed for that purpose as provided herein.
In this chapter, the terms used shall be defined as follows:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, but shall not include
religious organizations.
DIRECT SELLER
Any person who sells goods or services or takes sales orders
for the later delivery of goods at any location other than the permanent
business place or residence of said person 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 a 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 the Village or has continuously
resided in the Village and now does business from his or her residence.
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 his 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
on other than a one-time basis with the prospective customer.
G. Any person selling, or offering for sale, a service not connected
with the sale or offering for sale of goods.
H. Any person holding a sale required by statute or by order of the
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 Clerk proof that such charitable organization
is registered under § 202.12, Wis. Stats. However, any charitable
organization not registered under § 202.12, Wis. Stats.,
or which is exempt from that statute's registration requirements
shall be required to register under this chapter.
J. Any person who claims to be a permanent merchant but against whom
complaint has been made to the Clerk that such person is a transient
merchant, provided that there is proof submitted to the Clerk that
such person has leased for at least one year, or purchased, the premises
from which he or she is conducting business, or proof that such person
has conducted such business in this Village for at least one year
prior to the date complaint was made.
K. Any religious organization having tax-exempt status under Section
501(c)(3) of the United States Internal Revenue Code upon submitting
proof thereof to the Clerk.
L. Any political candidate running for public office or citizens supporting
political candidates of legitimate recognized political parties running
for public office in compliance with Wisconsin Statutes. Chapter 5
of the Wisconsin Statutes does not prohibit persons from circulating
nomination papers, from soliciting signatures, or from soliciting
campaign donations for public office.
M. Legally chartered tax-exempt organizations.
The Village Police Department and/or Brown County Sheriff's
Department shall report to the Clerk all convictions for violation
of this chapter and the Clerk shall note any such violation on the
record of the registrant convicted.
Any person who shall violate any provision of this chapter or who shall fail to obtain a license as required hereunder shall be subject to a penalty as provided in §
1-4 of this Code.