No direct seller shall engage in direct sales within the Village 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 or patriotic person, partnership,
association or corporation, or one purporting to be such.
CLERK-TREASURER
The Village Clerk-Treasurer or any authorized deputy of such Clerk-Treasurer.
DIRECT SELLER
Any individual who, for himself 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 such individual, partnership, association or corporation, and shall include,
but not be limited to, peddlers, solicitors and transient merchants. The sale
of goods includes donations required by the direct seller for the retention
of goods by a donor or prospective customer.
GOODS
Includes personal property of any kind and shall include goods provided
incidental to the 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 such merchant, has continuously:
A.
Operated an established place of business in the Village, or
B.
Resided in this Village and now does business from his residence.
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 such 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 such organization, provided
that there is submitted to the Clerk-Treasurer 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 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 is conducting business or proof that such person has conducted
such business in this Village for at least one year prior to the date the
complaint was made.
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 §§ 68.01 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.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any registration issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in Chapter
1, §
1-4, of this Code. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.