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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person or entity that has filed an application for a commercial or noncommercial solicitation permit as hereinafter provided.
CHARITABLE ORGANIZATION.
(I) Any benevolent, philanthropic, patriotic, or eleemosynary person or one purporting to be such which solicits and collects funds for charitable purposes and includes each local, county, or area division of such charitable organization, provided such local, county or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization;
(2) A not-for-profit organization incorporated pursuant to 805 ILCS 110/0.01 and 805 ILCS 110/35; or
(3) Any other organization that has been granted tax-exempt status from the State of Illinois or the Internal Revenue Service pursuant to Section 501 (c)(3) of the Internal Revenue Code.
CHARITABLE PURPOSE. Any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose.
CHARITABLE SOLICITATION. Any person seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project who engages in the activities of soliciting or canvassing upon any premises within the city.
COMMERCIAL SOLICITATION. Solicitation which is not conducted for any charitable purpose or political purpose, or on behalf of any charitable organization, as those terms are defined herein.
ITINERANT VENDOR. Every itinerant merchant and every person who, by himself, herself or by another, within the limits of the city, engages in or conducts a temporary or transient business of selling goods, wares or merchandise with the intention of continuing in such business in the city for a period of not more 120 days, and who, for the purpose of carrying on such business, uses, leases or occupies, either in whole or in part, a room, building or other structure, for the exhibition and sale of such goods, wares or merchandise, shall be deemed an ITINERANT VENDOR of merchandise. All regulations applicable to peddlers shall apply to itinerant vendors, except § 121.27 of this chapter.
NONCOMMERICAL SOLICITATION. Solicitation for a charitable purpose or political purpose or on behalf of a charitable organization as those terms are defined herein.
NONRESIDENTIAL PREMISES. All buildings, structures, and units in the city occupied for nonresidential purposes.
PEDDLER. Every person who shall sell or offer for sale, barter or exchange any goods, wares, merchandise or other commodities, traveling from place to place on, along or upon the streets of the city, or who shall sell and deliver from any wagon, pushcart or other vehicle going from place to place, any goods, wares, merchandise, meat, poultry, fish, cheese, lard, vegetables, bread, bakery products or other commodities.
POLITICAL PURPOSE. Any activity in support of bona-fide candidates for public office, or any matter related to the election, nomination, or performance of public officials, or issues presented to the electorate at any election.
RESIDENCE. Every separate living unit in the village occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING.
(1) The act of any person traveling by foot, vehicle or any other type of conveyance who goes from residence to residence, business to business, from place to place or in or along any highway, street or sidewalk within the city either:
(a) Requesting. either directly or indirectly, money, credit, funds, contributions, personal property or anything of value;
(b) Collecting money, funds, contributions, personal property or anything of value solicited telephonically or electronically;
(c) Taking or attempting to take orders for the sale of any goods, wares, merchandise or services of any kind or description for future delivery or for services to be performed in the future, in person or by the in-person distribution of flyers and leaflets; and
(d) Selling and making immediate delivery any goods, wares, merchandise or services of any kind or description, commonly referred to as "peddling". Solicitation shall be deemed completed when attempted, whether or not the person making the solicitation actually receives any contribution, whether monetary or otherwise, or makes any sale or other transaction in the process of soliciting.
(2) SOLICITING shall not include: any person not requesting, either directly or indirectly, money, credit, funds, contributions, personal property or anything of value:
(a) A person communicating or otherwise conveying ideas, views or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious or charitable nature;
(b) A person seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;
(c) A person seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;
(d) A person conducting a poll, survey or petition drive in regard to any political matter; and
(e) A person carrying, conveying, delivering or transporting dairy products newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same. Solicitation shall also not include seeking or obtaining nominal contributions such as gifts, food, candy or contributions of money as is customarily and commonly known as "trick-or-treat" in the celebration of Halloween day.
(Prior Code, § 121.20) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023)
(A) The City Administrator and his/her designee shall have the following powers and duties, which shall at all times be performed without consideration of the content or viewpoint of the information being distributed by a solicitor:
(1) To administer and rule upon the applications for, and the issuance, renewal, suspension, denial and revocation of permits as set forth in this chapter.
(2) To take such further actions as the City Administrator and his/her designee shall deem necessary to carry out the purposes and intent of this chapter and to exercise such additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this chapter.
(B) Solicitation licenses.
(1) A commercial or non-commercial solicitation license shall be required to solicit within the city.
(2) Solicitation without permit prohibited. lt shall be unlawful for any person not in possession of a current and valid commercial or noncommercial solicitation license to solicit within the city at any time after the effective date of this chapter.
(3) Solicitation without permit displayed. It shall be unlawful for any person to solicit within the city at any time if a current and valid commercial or non-commercial solicitation license is not displayed in plain view on the person who is soliciting after the effective date of this chapter.
(4) Solicitation in violation of license prohibited. lt shall be unlawful for any holder of a commercial or non-commercial solicitation license to solicit except in the manner authorized by, and in compliance with, the provisions of this chapter.
(5) Assignment or transfer of license prohibited. It shall be unlawful for any holder of a commercial or non-commercial solicitation license to assign or transfer a commercial or non-commercial solicitation license.
(Prior Code, § 121.21) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023) Penalty, see §
121.99
(A) Application for a license shall be made upon a form provided by the City Administrator or his/her designee. The applicant shall verify under oath or other similar affirmation that the statements made by the applicant in the application are true, complete and accurate. In addition to the information required by the application of a business license, the applicant shall truthfully state in full the information requested on the application, to wit:
(1) Name and address of present place of residence and length of residence at such address; business address if other than residence address; also Social Security number;
(2) Address of place of residence during the past three years, if other than present address;
(3) Physical description of the applicant;
(4) Name and address of the person, firm or corporation or association by whom the applicant is employed or represents, and the length of time of such employment or representation;
(5) Name and address of employer during the past three years, if other than the present employer;
(6) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage;
(7) Period of time for which the license is sought;
(8) The date, or approximate date, of the latest previous application for license under this chapter, if
any;
(9) Whether a license issued to the applicant by the city, or any other municipality, has ever been revoked;
(10) Whether the applicant has ever been convicted of a violation of any of the provisions of this subchapter or ordinance of any other Illinois municipality regulating soliciting;
(11) Evidence that the applicant is authorized to solicit for the organization represented; and
(12) Whether the applicant has been convicted of a felony within the preceding ten years, or convicted of a misdemeanor or ordinance violation within the preceding five years, and the nature of the offense.
(B) If, during the pendency of any application for, or during the term of any commercial solicitation permit there is any change in any material information given in the application for such license, the applicant shall promptly notify the City Administrator or his/her designee in writing of such change.
(C) A commercial solicitation license shall expire 90 days after the date of issuance.
(D) A commercial solicitation license may be renewed by the applicant by reaffirming that the information in the prior application remains true, complete and accurate, or by submitting a new application, with any information that has changed from the prior application, and provided that the applicable requirements contained in this section are satisfied.
(Prior Code, § 121.22) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023)
The application for license shall be investigated by the Police Department and City Administrator or his/her designee. If the requirements contained in this chapter are not satisfied, the City Administrator or his/her designee shall deny the application and state the reasons in writing for such denial. If during the investigation or if the application discloses a conviction of a misdemeanor or a felony, the prior revocation of a license or a conviction of any ordinance regulating peddlers or solicitors, and if the conviction of a felony has occurred within the last ten years and if the conviction of a misdemeanor or ordinance violation or revocation of a license has occurred within the last five years, and if the conviction bears a reasonable relationship to the peddling and soliciting activities by the licensee, then the license shall not be issued. The fee for a commercial solicitation license shall be $250.
(Prior Code, § 121.23) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023)
(A) (1) Charitable solicitors for funds must comply with the Solicitation for Charity Act, 225 ILCS 460/0.01 et seq., if applicable, and must register with the City Clerk at least three days prior to soliciting funds.
(2) The applicant in registering must furnish all the information required in the application for license provided in § 121.22 of this chapter and evidence of compliance with 225 ILCS 460/0.01 et seq., if applicable, but no license fee or license shall be required.
(B) Solicitors for funds for organizations that have had a fixed place of operation in the city for over two years shall be exempt from registering under this section; provided, said organization has on file in the city, at a place accessible to the City Clerk, a list of names and addresses of its solicitors available for inspection; and, providing that, said organization is in compliance with the act to regulate solicitors referred to in this section.
(Prior Code, § 121.24) (Ord. 2650, passed 3-27-1984; Ord. 2023-034, passed 6-27-2023)
(A) No person shall engage in solicitation or peddling upon any private property after having been asked by the owner or occupant thereof to leave such property.
(B) (1) It shall be unlawful for any person to engage in peddling or solicitation upon any private premises or residence or business located thereof if such premises or residence or business is posted against solicitation or peddling by means of a notice prominently displayed upon which is printed the legend.
“NO SOLICITORS OR PEDDLERS”
(2) For purposes of the preceding sentence, a private property shall be deemed to be posted against solicitation or peddling if there is exhibited, on or near the main entrance to the property or on or near the main door to any structure located thereon, a sign at least three inches by four inches in size and with the letters at least one-third the height, which bears the above legend.
(3) Signs complying with the foregoing requirements may be obtained, at cost, at the office of the City Collector by persons requesting the same.
(C) It shall be unlawful for any person to conduct solicitation of employment, business, contributions or sales of any kind or collect money for such from the occupant of any vehicle traveling upon any street or highway when:
(1) The solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway;
(2) The solicitation or collection involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or
(3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction.
For purposes of this section, the traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic.
(D) Notwithstanding the prohibition contained in paragraph (C) above, it shall be lawful for a charitable organization, as defined in Section 2 of the Charitable Games Act (230 ILCS 30/2) and § 121.20 of this chapter, to solicit for charitable purposes, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met:
(1) The persons to be engaged in the solicitation are law enforcement personnel, firefighters, or other persons employed by the city to protect the public safety of the city, and that are soliciting solely in an area that is within the city, or the persons to be engaged in the solicitation are authorized by the charitable organization to solicit on its behalf, and all of such persons are at least 18 years of age.
(2) The charitable organization files an application with the city. The application shall be filed not later than ten business days before the date that the solicitation is to begin and shall include all of the following:
(a) The date or dates and times of day when solicitation is to occur.
(b) The location or locations where the solicitation is to occur, along with a list of three alternate locations listed in order of preference.
(c) The manner and conditions under which the solicitation is to occur.
(d) Proof of a valid liability insurance policy in the amount of at least $1,000,000 insuring the charity and city against bodily injury and property damage arising out of or in connection with the solicitation.
The city may impose reasonable conditions in writing that are consistent with the intent of Section 11-80-9 of the Illinois Municipal Code (65 ILCS 5/11-80-9) and are based on articulated public safety concerns. If the city determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometries, construction, maintenance operations, or past accident history, then the city may deny the application for that location and must approve one of the three alternate locations following the order of preference submitted by the applicant on the alternate location list.
(3) Any solicitation conducted by persons on behalf of a charitable organization that is not limited to law enforcement personnel, firefighters, or other person employed to protect the public safety of the city, shall be limited to two days per calendar year.
(E) It shall be unlawful for any person to engage in commercial solicitation, or charitable solicitation or any other type of solicitation prior to 10:00 a.m. or after 4:00 p.m. local time for the period of November 1 through and including April 30; and prior to 10:00 a.m. or after 6:00 p.m. local time for the period of May 1 through and including October 31.
(F) It shall be unlawful for any peddler or solicitor to cheat, deceive or fraudulently misrepresent any product or the price thereof, whether through himself, herself or through an employee, while acting as a peddler or solicitor in the city, or to barter, sell or peddle any goods, merchandise or wares other than those specified in the application for a license.
(G) No solicitor or peddler shall interfere with either vehicular or pedestrian traffic on the public right-of-way.
(H) No peddler or solicitor shall peddle or solicit by shouting or by using any sound device in connection with peddling or soliciting; including bells or amplifying systems.
(Prior Code, § 121.26) (Ord. 2650, passed 3-27-1984; Ord. 11-152, passed 12-13-2011; Ord. 2023-034, passed 6-27-2023) Penalty, see §
121.99
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