(A) No person shall engage in or attempt to engage in the business of an itinerant merchant, mobile commerce vendor, peddler or solicitor within the city without first obtaining a license therefore.
(B) The following conditions shall apply to each license issued under this chapter:
(1) An itinerant merchant shall only sell goods and foodstuffs consistent with the regulations contained in this chapter, and no license shall be issued to an itinerant merchant where the location or premises indicated on the application for the activity is not zoned to permit retail selling activity. The location of the sale shall be on private property, outside of the special services area defined in Ordinance 3325, and shall, in all respects, comply with all zoning regulations for the district and all building safety regulations applicable to the property, including but not limited to a seasonal commercial occupancy permit.
(2) A mobile commerce vendor shall only sell goods consistent with the regulations contained in this chapter and only from a location within the city upon private property, outside of the special services area defined in Ordinance 3325, which complies with all zoning and building safety requirements of this Code, subject to the following restrictions:
(a) Mobile commerce vendors may only operate daily between 6:00 a.m. to 1:00 a.m.
(b) Noise from mobile commerce vendors, including but limited to generators and music, shall not exceed 75 decibels as measured from ten feet away.
(c) Mobile commerce vendors shall collect all trash and debris resulting from their operations within 100 feet of the vending area.
(d) Mobile commerce vendors shall not utilize water, electric or other city utilities.
(d) Mobile commerce vendors selling prepared food shall properly dispose of any fat, oil or grease generated during its operation in accordance with applicable law. Notwithstanding the foregoing, mobile commerce vendors may operate on public property within the city only as part of a city-approved event under Chapter 111 of this Code.
(3) A peddler shall only sell goods and foodstuffs consistent with the regulations contained in this chapter and only along the rights-of-way of the city in the area specified in the application.
(4) A solicitor may only sell goods and foodstuffs consistent with the regulations contained in this chapter and only by means of door-to-door solicitation.
(5) No peddler or solicitor shall remain in the same place or within reasonably close proximity to the same place except when in the act of expeditiously showing goods or expeditiously selling goods to or purchasing goods or taking orders from a customer. Any peddler or commercial solicitor remaining in the same place or reasonably close proximity to the same place upon the public right-of-way for longer than five minutes when goods are on display or available for sale without sales activity shall be presumed not to be engaged in expeditiously showing goods or expeditiously selling goods to or purchasing goods or taking orders from a customer.
(6) An itinerant merchant, mobile commerce vendor, peddler and solicitor licensed under this chapter shall possess a certificate of registration when required by the State of Illinois Retailers Occupation Tax Act and shall timely pay all required sales tax.
(7) No person licensed as an itinerant merchant, mobile commerce vendor, peddler or solicitor shall violate the conditions, terms, or limitations of such license.
(C) The fee for the license required by this chapter shall be $100 per year.
(D) No license issued under this chapter shall be transferable.
(E) All licenses issued under this chapter shall expire on April 30th after the date of issuance thereof.
(Ord. 8068-2017, passed 7-17-2017) Penalty, see § 115.99