(1) Transient Merchant. Any individual who for himself/herself or for a partnership, association, or corporation engages in the retail or wholesale sale of merchandise at any place temporarily and who does not reasonably intend to become and does not become a permanent merchant of such place. For the purpose of this section, "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 to be 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. Transient merchants shall include but not be limited to peddlers, solicitors, and telephone solicitors.

(2) Permanent Merchant. A merchant who for at least six months prior to the consideration of the application of this ordinance to said merchant, has continuously operated in an established place of business in the local trade area among the communities, including and bordering the place of sale, or has resided in a local trade area among the communities over six months, including and bordering the place of sale, and now does business from his/her residence.

(3) Merchandise. Shall include personal property of any kind and merchandise 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. Merchandise shall also include the sale of a service of any kind.

(4) Charitable Organization. Shall include any benevolent, philanthorpic, patriotic, or eleemosynary person, partnership, association or corporation, or one proporting to be such.

(5) Clerk. Shall mean the Wood County Clerk.

(1) Any person delivering newspapers, fuel, dairy products, or bakery to regular customers on established routes.

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

(3) Any person selling agricultural products which such person has grown.

(4) Any permanent merchant or employee thereof who takes orders away from the established place of business for merchandise regularly offered for sale by such merchant within this County and who delivers such merchandise in their regular course of business.

(5) Any person who has an established place of business where the merchandise being sold 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.

(6) Any person who has had or one who represents a company who has had a prior business transaction such as a prior sale or credit arrangement with the prospective customer.

(7) Any person selling or offering for sale a service unconnected with the sale or offering for sale of merchandise.

(8) Any person holding a sale required by statute or by order of any court. Any person conducting a bonafide auction sale pursuant to law.

(9) 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 Clerk proof that such charitable organization is registered under Section 440.41, Wisconsin Statutes. Any charitable organization not registered under section 440.41, Statutes or which is exempt from that statute’s registration requirements shall be required to register under this ordinance.

(10) Any person who claims to be a permanent merchant but against whom a complaint has been made to the Clerk, that such person is a transient merchant provided there is submitted to the Clerk proof that such person has leased for at least six months or purchased the premises from which he/she has conducted business in the market area for the six months prior to the date that the complaint was made.

(11) An individual licensed by an Examining Board as defined in Section 15.01(7), Wisconsin Statutes.

(12) This ordinance does not apply to transient merchants while doing business at special events which are under the supervision and control of a local organization or business.

(2) Applicants shall present to the Clerk for examination:

(3) At the time the registration is returned, a fee of $10.00 per person/transient merchant shall be paid to the Clerk to cover the cost of processing said registration.

(4) The applicant shall sign a statement appointing the Clerk 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.

Upon receipt of an application, the Clerk may refer it to the Wood County Sheriff’s Department who may make an investigation into the facts provided or into the background of the applicant if deemed necessary.

The Clerk shall refuse to register the applicant if it is determined that the application contains any material omission or materially-inaccurate statement or if complaints of a material nature have been received against the applicant by authorities in the last cities villages, or towns in which the applicant conducted similar business or if the applicant was convicted of a crime, statutory violation, or ordinance violation within the past five years, the nature of which is directly related to the applicant’s fitness to engage in direct selling.

A person denied registration may appeal through the appeal procedure provided by the ordinance or resolution of the Wood County Board or if none has been adopted, under the provision of State Statutes.

(1) Prohibited Practices:

(2) Disclosure Requirements:

Any person or firm adjudged in violation of any provision of this ordinance shall forfeit not less than $20.00 nor more than $250.00 for each violation per day, plus costs. Each violation shall constitute a separate offense.