It shall be unlawful for any transient merchant to engage in direct
sales within the Town of Woodruff without being registered for that purpose
as provided herein.
The following definitions shall be applicable in this chapter:
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary
person, partnership, association or corporation or one purporting to be such.
GOODS
Includes personal property of any kind and shall include goods provided
incidental to services offered or sold.
PEDDLER
Includes any person, whether a resident of the Town of Woodruff or
not, who goes from house to house, from place to place, or from street to
street conveying or transporting goods, wares or merchandise or offering or
exposing the same for sale or making sales and delivering articles to purchasers.
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 Town
of Woodruff; or
B.
Has continuously resided in the Town of Woodruff and now does business
from his residence.
SOLICITOR
Any individual who, for himself/herself or for a partnership, association
or corporation, charitable or otherwise, solicits, asks for, or requests contributions,
either in the form of cash or merchandise, at any location other than the
permanent business place or residence of said individual, partnership, association
or corporation.
TRANSIENT MERCHANT
Includes any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the Town of Woodruff or not,
who or which engages in a temporary business of selling and delivering goods,
wares and merchandise within said Town and who or which, in furtherance of
such purpose, hires, leases, uses or occupies any building, structure, motor
vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging
houses, apartments, shops, or any street, alley or other place within the
Town for exhibition and sale of such goods, wares and merchandise, either
privately or at public auction, provided that such definition shall not be
construed to include any person, firm or corporation who or which, while occupying
such temporary location, does not sell from stock but exhibits samples for
the purpose of securing orders for future delivery only. The person, firm
or corporation so engaged shall not be relieved from complying with the provisions
of this chapter merely by reason of associating temporarily with any local
dealer, trader, merchant or auctioneer or by conducting such transient business
in connection with, as a part of, or in the name of any local dealer, trader
or auctioneer.
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 the county and who delivers such goods in
his or her 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 Clerk proof that such charitable organization
is registered under § 440.42, Wis. Stats. Any charitable organization
not registered under § 440.42, 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 a complaint has been made to the Clerk that such person is a
transient merchant, provided that there is submitted to the Clerk 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 Town for at least one year prior to the date the complaint
was made.
K. Any person or group participating in a special event
sanctioned by the Town.
Any person denied registration may appeal the denial through the appeal
procedure provided by ordinance or resolution of the Town 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 Clerk all convictions for violation
of this chapter, and the Clerk shall note any violation on the record of the
registrant convicted.
Any person convicted of violating any provision of this chapter shall be subject to a penalty as provided in §
1-3 of this Code. Each violation shall constitute a separate offense.