It shall be unlawful for any transient merchant to engage in
sales within the City of Reedsburg 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.
CLERK
The City Clerk-Treasurer.
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 goods 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 along the communities bordering the place of
sale;
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.
TRANSIENT MERCHANT
Any individual who engages in the retail sale of merchandise
at any place in the City of Reedsburg 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 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 sale of produce or other perishable products
at retail or wholesale by a resident of this state.
[Amended 3-25-2013]
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 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;
D. 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;
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 merchandise;
G. 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-Treasurer proof that such charitable
organization is registered under § 202.12, Wis. Stats. Any
charitable organization engaging in the sale of merchandise and 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;
H. Any person who claims to be a permanent merchant, but against whom
complaint has been made to the Clerk-Treasurer that such person is
a transient merchant, provided that there is submitted to the Clerk-Treasurer
proof that such person has leased for at least one year or purchased
the premises from which he/she has conducted business in the market
area for at least one year prior to the date the complaint was made;
I. Any individual licensed by an examining board as defined in § 15.01(7),
Wis. Stats.;
J. 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;
K. Transient merchants while doing business at special events authorized
by the Common Council;
L. Any group sales authorized by the Common Council; and
M. Any resident holding a garage sale of personal property on premises.
Any person refused or 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 Chief of Police shall report to the Clerk-Treasurer all
convictions for violation of this chapter, and the Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.
Any person aggrieved by the action of the Chief of Police or the City Clerk-Treasurer in the denial of a permit or license may appeal to the Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given at the appeal and in the same manner as provided in §
577-9B for notice of hearing on revocation.
No licensee whose license has been revoked shall make further
application until a period of at least six months shall have elapsed
since the last previous revocation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No license shall be issued for a longer period than one year.
All annual licenses issued hereunder shall expire at midnight on December
31 in the year when issued. Other than annual licenses, all other
licenses shall expire at midnight on the date specified in the license.