It shall be unlawful for any transient merchant, direct seller
or charitable solicitor to engage in direct sales or solicitation
activities within the City of Colby without being registered for that
purpose as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation, or one purporting
to be such.
CLERK
The City of Colby Clerk-Treasurer or Deputy Clerk-Treasurer.
MERCHANDISE
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 local trade area among the communities bordering the place of
sale; or
B.
Has continuously resided in the local trade area among the communities
bordering the place of sale 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 purpose
or objective.
SOLICITOR
Any person engaged in direct solicitation who:
A.
Seeks donations of money or other contributions of items of
value for an organization or cause; or
B.
Sells items on behalf of an organization or cause but asks for
a contribution of greater value than the item being sold.
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 a permanent merchant of such place. For purposes of this chapter,
"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
the sale of produce or other perishable products by a resident of
this state. For purposes of this chapter, the term "transient merchant"
shall include direct sellers and solicitors seeking donations or funds
for an organization, unless excepted.
The following shall be exempt from all provisions of this chapter:
A. Regular delivery routes. Any person delivering newspapers, fuel,
dairy products or bakery goods to regular customers on established
routes.
B. Wholesalers. Any person selling merchandise at wholesale to dealers
in such merchandise.
C. Agricultural products. Any person selling agricultural products which
the person has grown.
D. Deliveries by permanent merchants. 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.
E. Requested home visits. Any person who has an established place of
business where the merchandise 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. Prior sales transactions. 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. Services not offering merchandise. Any person selling or offering
for sale a service unconnected with the sale or offering for sale
of merchandise.
H. Auctions; sales authorized by statute. 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. Charitable organizations; limited exemption. Any employee, officer
or agent of a charitable organization who engages in direct sales
for or on behalf of said organization shall be exempt from fees imposed
by this chapter, provided that there is submitted to the City Clerk-Treasurer
proof that such charitable organization is registered under § 202.12,
Wis. Stats., and the charitable solicitors register with the City
under this chapter. 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.
J. Alleged transient merchants. Any person who claims to be a permanent
merchant, but against whom complaint has been made to the City Clerk-Treasurer
that such person is a transient merchant, provided that there is submitted
to the City Clerk-Treasurer 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 in this City for at least one year prior to the date complaint
was made.
K. Persons licensed by examining boards. Any individual licensed by
an examining board as defined in § 15.01(7), Wis. Stats.
L. City-authorized events. This chapter does not apply to transient
merchants while doing business at special events authorized by the
Common Council.
M. Resident minors. Minors under the age of 18 who are residents of
the Colby-Abbotsford School District.
Any person 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 Police Department shall report to the City Clerk-Treasurer
all convictions for violations of this chapter, and the City Clerk-Treasurer
shall note any such violation on the record of the registrant convicted.