It shall be unlawful for any direct seller to engage in direct
sales within the Village of Grantsburg without being registered for
that purpose as provided herein.
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, but shall not include religious organizations.
CLERK
The Village of Grantsburg Clerk.
DIRECT SELLER
Any individual who, for himself or 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, mobile food units and outdoor
food stands. The sale of goods includes donations required by the
direct seller for the retention of goods by a donor or prospective
customer.
[Amended 6-13-2022 by Ord. No. 22-04]
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:
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.
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 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, 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 Village Clerk 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.
J. Any person who claims to be a permanent merchant but against whom
complaint has been made to the Village Clerk that such person is a
transient merchant, provided that there is submitted to the Village
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 Village for at
least one year prior to the date complaint was made.
K. No direct seller's registration shall be issued for selling activities
on private property where the merchant has landowner permission to
be set up.
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 report to the Village Clerk all convictions
for violation of this chapter, and the Village Clerk shall note any
such violation on the record of the registrant convicted.