It shall be unlawful for any transient merchant to engage in direct
sales within the Village of Theresa without being registered for that purpose
as provided herein.
As used in this chapter, the following terms shall have the meaning
indicated:
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 Theresa Clerk-Treasurer or Deputy Clerk-Treasurer
or the Chief of Police.
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 Dodge County; or
B.
Has continuously resided in the Village 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.
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 definition,
"sale of merchandise" includes a sale in which the personal services rendered
upon or in connection with the merchandise constitute 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.
This chapter does not apply to transient merchants while doing business
at special events authorized by the Village Board. 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 person selling Wisconsin agricultural products which
the person has grown.
D. 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 his
regular course of business.
E. Any person who has an established place of business where
the merchandise is 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. 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 merchandise.
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 Village Clerk-Treasurer proof that such charitable
organization is registered under § 440.42, Wis. Stats. Any charitable
organization engaging in the sale of merchandise and 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 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. Any individual licensed by an examining board as defined
in § 15.01(7), Wis. Stats.
L. Minors under 18 years of age who are residents
of the Village.
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 Police Department shall report to the Clerk-Treasurer all convictions
for violations of this chapter, and the Clerk-Treasurer shall note any such
violation on the record of the registrant convicted.