It shall be unlawful for any direct seller to engage in direct sales
within the Town of Trenton without being registered for that purpose as provided
herein.
Terms used in this chapter are defined as follows:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary person,
partnership, association or corporation, or one purporting to be such, but
shall not include religious organizations.
CLERK
The Town of Trenton Clerk.
DIRECT SELLER
Any individual who, for him/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 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
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:
A.
Has continuously operated an established place of business in this Town;
or
B.
Has continuously resided in this Town and now does business from his/her
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.
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
their 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 Town 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 complaint has been made to the Town Clerk that such person is
a transient merchant, provided that there is submitted to the Town Clerk 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 Town 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 Town Board or, if none has been adopted, under the provisions of § 68.01
through 68.16, Wis. Stats.
Law enforcement officers shall report to the Town Clerk all convictions
for violation of this chapter, and the Town Clerk shall note any such violation
on the record of the registrant convicted.