It is unlawful to engage in direct sales within the Village
without being registered for that purpose as provided in this chapter.
[Added by Ord. No. A-501-87, 1987; amended at time of adoption of Code (see Ch. 1.01,
Code Adoption)]
Chapter ATCP 127, Wis. Adm. Code, relating to home solicitation
selling, is adopted and by reference made a part of this chapter with
the same force and effect as though set out in full. Failure to comply
with any of the provisions of such regulations shall constitute a
violation of this chapter, punishable according to the penalties provided
in this chapter. A copy of Ch. ATCP 127, Wis. Adm. Code, shall be
on file in the office of the Village Clerk.
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, 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 includes, but is not limited to, peddlers, solicitors
and transient merchants. The sale of goods includes donations required
by the direct seller for the retention of goods by a donor or prospective
customer.
GOODS
Includes personal property of any kind and includes 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:
A.
Has continuously operated an established place of business in
this Village; or
B.
Has continuously resided in this Village and now does business
from his/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 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;
E. 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;
F. Any person selling or offering for sale a service unconnected with
the sale or offering for sale of goods;
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 Chief of Police proof that such charitable
organization is registered under § 202.12, Wis. Stats. 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.
[Amended 10-17-2016 by Ord. No. 018-2016]
In addition to the permit fee, a charge of $5 shall be made
to the successful applicant for an identification card to be issued
by the Chief of Police. The identification card shall have affixed
to it a photograph of the applicant. No license or identification
card shall be used by any person other than the one to whom it was
issued. Such identification card shall be carried at all times by
the registrant to whom issued when engaged in direct sales activities
and shall be exhibited whenever requested to do so by any person solicited
or any police officer. The identification card shall be valid for
the same period as the permit. Employees of permanent merchants are
exempt from the identification card fee.
Any person denied registration may appeal the denial through
the appeal procedure provided by ordinance or resolution of the Village
Board or, if none has been adopted, under the provisions of §§ 68.07
through 68.16, Wis. Stats.
The Chief of Police shall keep a record of all convictions for
violations of this chapter and shall note any such violation on the
record of the registrant convicted.
Any person convicted of violating any provisions of this chapter
shall forfeit not less than $10 nor more than $100 for each violation
plus costs of prosecution. Each violation shall constitute a separate
offense.