It shall be unlawful for any direct seller to engage in direct sales
within the Village without being registered for that purpose.
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 later delivery of goods,
at any location other than the permanent business place or residence of said
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 said merchant, has continuously operated
an established place of business in this Village or has continuously resided
in this Village and now does business from his/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 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 said organization, provided
that there is submitted to the Administrator 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
the 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 Administrator that such person
is a transient merchant, provided that there is submitted to the Administrator
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.
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, through the provisions of §§ 68.01 through
68.16, Wis. Stats.
The Chief of Police shall report to the Administrator all convictions
for the violation of this chapter, and the Administrator shall note any such
violation on the record of the registrant convicted.
For a violation of any provision of this chapter the penalty shall be
a forfeiture of not less than $25 nor more than $200 together with costs of
prosecution.