It shall be unlawful for any transient merchant to engage in
direct sales within the Village of Sullivan without being registered
for that purpose as provided herein.
In this chapter the following definitions shall be applicable:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, religious, patriotic
or eleemosynary person, partnership, association or corporation, or
one purporting to be such, including, for example, Boy Scouts, Girl
Scouts, 4-H Clubs and school organizations.
CLERK-TREASURER
The Village of Sullivan Clerk-Treasurer or Deputy 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 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 Village; or
B.
Has continuously resided in the 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.
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 and does not become a permanent merchant of such place. The
term shall include, but not be limited to, peddlers, solicitors and
transient merchants. The sale of goods includes donations required
by the transient merchant for the retention of goods by a donor or
prospective customer. 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 a farm auction sale conducted
by or for a resident farmer of personal property used on the farm,
or the sale of produce or other perishable products at retail or wholesale
by a resident of this state.
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 Wisconsin 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 or 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;
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 exemptions. 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-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;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
J. Alleged transient merchants. Any person who claims to be a permanent
merchant, but against whom complaint has been made to the Village
Clerk-Treasurer that such person is a transient merchant, provided
that there is submitted to the Village 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 Village 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. Village-authorized events. This chapter does not apply to transient
merchants while doing business at special events authorized by the
Village Board;
M. Resident minors. Minors under 18 years of age who are residents of
the Public School District of which the Village of Sullivan is a part;
N. Solicitors. Persons not engaged in commercial activity and are soliciting
support for political, religious, or similar noncommercial programs
or organizations.
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.