§ 111.02 REGISTRATION REQUIRED.

   It shall be unlawful for any direct seller to engage in direct sales within the village without being registered for that purpose as provided herein.

(1999 Code, § 111.02) (Ord. 122, passed 9-10-1984) Penalty, see § 10.99

§ 111.03 EXEMPTIONS.

   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 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 such organization; provided, that there is submitted to the Village Clerk proof that such charitable organization is registered under Wis. Stat. § 202.12. Any charitable organization not registered under Wis. Stat. § 202.12, or which is exempt from that statute’s registration requirements, shall be required to register under this chapter; or

   (J)   Any person who claims to be a permanent merchant, but against whom complaint has been made to the Village Clerk that such person is a transient merchant; provided, that there is submitted to the Village Clerk proof that such person has leased for at least one year, or purchased, the premises from which he or 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.

(1999 Code, § 111.03) (Ord. 122, passed 9-10-1984)

§ 111.04 APPLICATION FOR REGISTRATION.

   (A)   Applicants for registration must complete and return to the Village Clerk a registration form furnished by the Village Clerk which shall require the following information:

      (1)   Name, permanent address, and telephone number, and temporary address, if any;

      (2)   Age, height, weight, and color of hair and eyes;

      (3)   Name, address, and telephone number of the person, firm, association, or corporation that the direct seller represents or is employed by, or whose merchandise is being sold;

      (4)   Temporary address and telephone number from which business will be conducted, if any;

      (5)   Nature of business to be conducted and a brief description of the goods offered, and any services offered;

      (6)   Proposed method of delivery of goods, if applicable;

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

      (8)   Last cities, villages, towns, not to exceed three, where applicant conducted similar business;

      (9)   Place where applicant can be contacted for at least seven days after leaving this village; and

      (10)   Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant’s transient merchant business within the last five years; the nature of the offense and the place of conviction.

   (B)   Applicants shall present to the Village Clerk for examination:

      (1)   A driver’s license or some other proof of identity as may be reasonably required;

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

      (3)   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 90 days prior to the date the application for license is made.

   (C)   (1)   At the time the registration is returned, a fee of $30 shall be paid to the Village Clerk to cover the cost of processing such registration.

      (2)   The applicant shall sign a statement appointing the Village Clerk’s 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 such fee and the signing of such statement, the Village Clerk shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provide in § 111.05(B) of this chapter.

(1999 Code, § 111.04) (Ord. 122, passed 9-10-1984; Ord. passed 4-26-2021)

§ 111.05 INVESTIGATION; DENIAL OF REGISTRATION.

   (A)   Upon receipt of each application, the Village Clerk shall refer it immediately to the Chief of Police who may make and complete an investigation of the statements made in such registration.

   (B)   No permit will be issued without a complete background check of the applicant(s).

   (C)   The Village Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation, that:

      (1)   The application contains any material omission or materially inaccurate statement;

      (2)   Complaints of a material nature have been received against the applicant by authorities in the last cities, villages, and towns, not exceeding three, in which the applicant conducted similar business;

      (3)   The applicant was convicted of a crime, statutory violation, or ordinance violation within the last five years, the nature of which is directly related to the applicant’s fitness to engage in direct selling; or

      (4)   The applicant failed to comply with any applicable provision of § 111.04(B) of this chapter.

(1999 Code, § 111.05) (Ord. 122, passed 9-10-1984; Ord. passed 4-26-2021)

§ 111.06 APPEAL.

   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 Wis. Stat. §§ 68.07 through 68.16.

(1999 Code, § 111.06) (Ord. 122, passed 9-10-1984)