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, patriotic or eleemosynary
person, partnership, association or corporation or one purporting
to be such.
DIRECT SELLER
Any individual who for himself, herself 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 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
operated an established place of business in the village or has continuously
resided in the village and now does business from his or her 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 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, 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
maintaining an office in Polk County, Wisconsin, who engages in direct
sales for or on behalf of such organization, provided that there is
submitted to the Clerk proof that such charitable organization is
registered under W.S.A. s. 440.42. Any charitable organization not
registered under W.S.A. s. 440.42 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 that such person
is a transient merchant, provided that there is submitted to the Clerk
proof that such person has purchased or leased for at least one year
the premises from which he or she is conducting business or proof
that the person has conducted such business in the village for a least
one year prior to the date complaint was made.
K. Educational institutions located in the village when
proceeds of sales of goods are confined to the use of its student
body.
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 W.S.A. ss. 68.07 through 68.16.
The Chief of Police shall report to the Clerk
all convictions for violation of this chapter, and the Clerk shall
note any such violation on the records of the registrant convicted.
Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-19 of this Code.