Sec. 7-4-2 Definitions.

In this Chapter the following definitions shall be applicable:

   (a)   Charitable Organization. Shall include any benevolent, philanthropic, religious, patriotic or eleemosynary person, partnership, corporation, association or organization, or one purporting to be such registered under Sec. 440.42, Wis. Stats. Examples are, but not limited to, Boy/Girl Scouts, FFA, American Heart Association, etc.

   (b)   Administrator. The Village of Edgar Administrator or Deputy Clerk-Treasurer.

   (c)   Direct Seller. Any individual who, for himself or herself, or for a partnership, association, organization or business, 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, organization or business, and shall include, but not be limited to, peddlers and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a prospective customer or donor.

   (d)   Goods. Personal property of any kind, and shall include goods provided incidental to services offered or sold.

   (e)   Merchandise. Shall include 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.

   (f)   Permanent Merchant. Any person who, for at least one (1) year prior to the consideration of the application of this Chapter to said merchant:

      (1)   Has continuously operated an established place of business within the Village of Edgar; or

      (2)   Has continuously resided in the Village and does business from his/her residence.

   (g)   Person. All humans of any age or sex, partnerships, corporations, associations or organizations, groups and any other description of a collection of people working in concert or for the same purpose or objective.

   (h)   Solicitor. Any person who plans, conducts, manages or carries on any campaign or drive in the Village for the purpose of soliciting contributions, travels from residence to residence for or on behalf of any charitable organization or any other person, organization, or who engages in the business of, or holds himself/herself out to persons in the State as independently engaged in the business of soliciting contributions for such purpose.

   (i)   Transient Merchant. Any direct seller who engages in the retail sale of merchandise at any place in the Village of Edgar temporarily, and who does not intend to become and does not become a permanent merchant of such place. 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 Chapter, sale of merchandise includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes 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.

Sec. 7-4-3 Exemptions.

The following shall be exempt from all provisions of this Chapter:

   (a)   Regular Delivery Routes. Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.

   (b)   Wholesalers. Any person selling merchandise at wholesale to dealers in such merchandise.

   (c)   Agricultural Products. Any person selling Wisconsin agricultural products which the person has grown.

   (d)   Deliveries by Permanent Merchants. 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 their regular course of business.

   (e)   Requested Home Visits. Any person who has an established place of business where the merchandise 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)   Prior Sales Transactions. 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)   Services Not Offering Merchandise. Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.

   (h)   Auctions; Sales Authorized by Statute. 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)   Charitable Organizations; Limited Exemptions. 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 Administrator proof that such charitable organization is registered under Sec. 440.41, Wis. Stats. Any charitable organization engaging in the sale of merchandise and not registered under Sec. 440.41, Wis. Stats., or which is exempt from that statute's registration requirements, shall be required to register under this Chapter.

   (j)   Alleged Transient Merchants. Any person who claims to be a permanent merchant, but against whom complaint has been made to the Village Administrator or Police Department that such person is a transient merchant, provided that there is submitted to the Village Administrator or Police Department proof that such person has leased for at least one (1) 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 (1) year prior to the date complaint was made.

   (k)   Persons Licensed by Examining Boards. Any individual licensed by an examining board as defined in Sec. 15.01(7), Wis. Stats.

   (l)   Village Authorized Events. This Chapter does not apply to transient merchants while doing business at special events authorized by the Village Board.

   (m)   Resident Minors; School Extracurricular Activities Fundraising. Minors under eighteen (18) years of age who are residents of the Public School District of which the Village of Edgar is a part, and any other person regardless of age who is a participant in or is raising money for local school extracurricular programs, youth programs, or local sports organizations.

   (n)   School Fundraising. Any group or individual selling merchandise for the primary purpose of raising funds for a public or private school engaged in the education of children from kindergarten through high school or any extracurricular group affiliated with such a school.

   (o)   Estate Sales. Any family member holding an estate sale of the personal property of a deceased member of their family.

   (p)   Garage Sales. Any person holding an occasional sale of personal property items from their residence (i.e., garage sale).

   (q)   Political or Religious Activities. Any individual engaged in proselytizing, canvassing, campaigning or pamphleteering regarding political or religious views and not engaged in selling any merchandise or soliciting any funds or services.

Sec. 7-4-4 Registration.

It shall be unlawful for any direct seller, transient merchant or solicitor to engage in direct sales or solicitation for contributions of money or other items of value within the Village of Edgar without registration as provided herein:

   (a)   Application Information. Applicants for registration must complete and return to the Village Administrator a registration form furnished by the Village which shall require the following information:

      (1)   Name, permanent addresse, email address, and telephone number, and temporary address, if any, of the person(s) conducting the sales or solicitation activities; such information shall be kept current with the Village Administrator during the application review period and at all times a registration is in effect;

      (2)   Height, weight, color of hair and eyes, and date of birth;

      (3)   Name, address and telephone number of the person, firm, association, organization or business that the transient merchant, direct seller or solicitor represents or is employed by, acts as agent for, or whose merchandise is being sold;

      (4)   Temporary address and telephone number from which business will be conducted, if any, and documentation that the _applicant has permission to be at that temporary address;

      (5)   Copy of current driver's license or other form of current photographic identification;

      (6)   Nature of the business or solicitation to be conducted and a brief description of the merchandise offered and any services offered or the purpose of the organization for which solicitation is performed;

      (7)   Proposed method of delivery of merchandise, if applicable;

      (8)   Make, model and license number of any vehicle(s) to be used by applicant in the conduct of his/her business or solicitation;

      (9)   The last three (3) cities, villages,or towns where applicant conducted similar business or solicitation activities just prior to making this registration.

      (10)   Place where applicant can be contacted for at least seven (7) days after leaving the Village of Edgar; and

      (11)   Statement as to whether the applicant has been convicted of any crime or ordinance violation within the last five (5) years; the nature of the offense and the place of conviction.

   (b)   Identification and Certification. Applicants shall also present to the Village Admini- strator for examination:

      (1)   A state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by state authorities; and

      (2)   A state health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law; such certificate to state that applicant is apparently free from any contagious or infectious disease, dated not more than ninety (90) days prior to the date the application for license is made.

   (c)   Registration Fee.

      (1)   At the time of filing applications, a registration fee per Section 1-3-1 shall be paid to the Village Administrator to cover the cost of investigation of the facts stated in the applications and for processing said registration. Every member of a group must file a separate registration form. The primary applicant shall pay a registration fee per Section 1-3-1 plus a CIB investigation fee; each assistant under the application shall also be required to pay the CIB records check fee.

      (2)   The applicant shall sign a statement appointing the Village Administrator his/her agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant, in the event the applicant cannot, after reasonable effort, be served personally.

      (3)   Upon payment of said fees and the signing of said statement, the Village Admini- strator may register the applicant as a transient merchant, direct seller or solicitor and date the entry. Registration fees shall be paid prior to the registration and prior to sales or solicitation activities starting. The registration fee shall be doubled in the event such activity is commenced prior to registration approval.

      (4)   Said registration shall be valid for a period of one (1) year from the date of entry, subject to subsequent refusal as provided in Sec. 7-4-5(b) below.

      (5)   No registration fee shall be charged to a charitable organization, its agents or employees. Solicitors of funds/donations for charitable or other such organizations from outside Marathon County shall comply with all disclosure and registration requirements herein, including payment of the cost of the CIB records check.

      (6)   Such registration shall be for a calendar year and shall expire on December 31 following its issuance, provided however, that the fee shall be one-half (1/2) of the amount stipulated for a calendar year if registration is applied for on or after July 1 of any year.

   (d)   Bond. Every applicant who is not a resident of Marathon County or who represents a firm whose principal place of business is located outside of the State of Wisconsin shall file with the Village Administrator a surety bond in the amount of Five Hundred Dollars ($500.00), conditioned that the applicant will comply with all provisions of the ordinances of the Village of Edgar and the State Jaws regulating peddlers, canvassers, solicitors, direct sellers and transient merchants, and guaranteeing to any person doing business with the person registered that all money paid as a down payment will be accounted for and applied according to the representations made; and further guaranteeing that property purchased for future delivery will be delivered according to such representations. Action on such bond may be brought by any person aggrieved.

Sec. 7-4-5 Investigation.

   (a)   Background Investigation. Upon receipt of each application, the Village Administrator shall refer the application to the Police Department, and other appropriate Jaw enforcement agency if deemed appropriate, which will be requested to make and complete an investigation of the statements made in such registration, said investigation to be completed within five (5) days from the time of referral.

   (b)   Basis for Denial of Application. The Village Administrator shall refuse to register the applicant and issue a permit if it is determined, pursuant to the investigation above, that: the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the last cities, villages and towns, not exceeding three (3), in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five (5) years, the nature of which is directly related to the applicant's fitness to engage in direct selling or solicitation; or the applicant failed to comply with any applicable provision of Section 7-4-4(b) above.

Sec. 7-4-6 Appeals.

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 Sections 68.07 through 68.16, Wis. Stats. (Title 4 of this Code of Ordinances).