(a) Definitions. For purposes of this section, "speech peddling" shall mean where a licensed peddler sells or exchanges for value anything containing words, printing or pictures that predominantly communicates a non-commercial message.
For purposes of this section, a "non-commercial message" may include, without limitation, a message relating to political, religious, artistic, and/or any other non-commercial idea(s). Where the words, printing and/or pictures do nothing more than identify a product, such as a brand name or logo, or identify the peddled item's origin or place of manufacture, or otherwise do nothing more than advertise or promote the product itself, the item shall be not be deemed to communicate a "non-commercial message".
For purposes of this section, "predominately communicates" shall mean that the non-commercial message is the primary purpose of the item which is being sold. Factors that should be considered in determining whether an item predominantly communicates a non-commercial message include: (i) the percentage of the item containing non-commercial printing and/or pictures, (ii) the size of the lettering or pictures, and (iii) any other factor otherwise indicating that the primary purpose of the item being sold is to communicate a non-commercial message. In no event may there be any commercial message which occupies more space on the item than does the non-commercial message.
For purposes of this section, items that may, under the relevant criteria, predominantly communicate a non-commercial message may include T-shirts, books, audiotapes, videotapes, compact disks, posters, flags, banners, signs, buttons, toys, balloons or any other item.
(b) Speech peddling locations. There shall be at least ten locations within the Central District, where peddling is otherwise prohibited under Section 4-244-140 above, including at least four locations within Grant Park, where speech peddling by up to five peddlers per location shall be allowed by permit; provided that no site in Millennium Park, or any site on any sidewalk that abuts Millennium Park, as that term is defined in section 10-36-140, shall be selected as a location in the Central District. Such locations shall be selected by the department of business affairs and consumer protection with the advice of the department of planning and development, the department of transportation, and the police department, regarding pedestrian and vehicular traffic flow, use, density and public safety; provided that, for locations in Grant Park near special events sponsored by the City, the department of cultural affairs and special events shall select the sites during the relevant time periods and the number of Grant Park sites may change. In addition, because of anticipated high demand for speech peddling during special events, permits shall be issued for four- hour time slots and may be issued for more than five persons at a time per location. No person shall be allowed to engage in speech peddling within the Central District without a speech peddling permit, and doing so without such a permit shall be a violation of this section.
(c) Speech peddling permits.
(1) All licensed peddlers who wish to apply for a speech peddling permit must complete and submit to the department of business affairs and consumer protection a written permit application, which shall require the following information:
A. Name and peddler's license number.
B. Any preferred location(s).
C. A description of the item(s) he or she will be selling that "predominantly communicates a non- commercial message", including description of the type of item(s) to be sold, the nature of the communication, and a picture or graphic depicting the item(s). This information is requested solely for purposes of determining that the item is within the definition of "speech peddling", and it shall not be used for evaluating the message itself.
(2) Speech peddling permit applications shall be accepted by the department of business affairs and consumer protection on a monthly basis for speech peddling in the following month. Permits issued shall pertain only to the item(s) described in the permit application. Where the application shows that the "speech peddling" definition has been met, then the permit request shall be granted, unless the demand for permits is greater than availability. Where demands exceed availability, the department shall assign permits on a lottery basis and may not be able to fulfill requests for specific locations. There shall be a preference lottery for applicants who failed to receive permits in prior permit lotteries. Applicants shall be notified of the permit grant or denial within a reasonable time, as further specified by regulation.
(3) Applicants who were denied a speech peddling permit because of heavy demand may make a request, at the time of their next application, that their application be put in a preference lottery. Applicants who were denied a speech peddling permit (i) because their request was outside the scope of the "speech peddling" definition, or (ii) after not receiving a permit after two consecutive applications, may appeal to the commissioner of business affairs and consumer protection, or his or her designee, on a form provided by the department. Any such appeal must be filed within ten calendar days of such denial. The appeal form, together with the relevant application(s) and denial(s), shall be reviewed by the commissioner, or his or her designee, and he or she shall issue a written determination within one week whether to uphold or reverse the denial or to grant an alternative permit date.
(d) Identification. All speech peddlers must carry identification and permit authorization from the department, in a form to be further described by regulation.
(e) No pushcarts. A peddler selling in a speech peddling location pursuant to permit may only sell from packs, baskets or similar containers, shall be mobile, shall not set up tables, stands or other structures, and shall not use pushcarts, place items on the sidewalk or street, or otherwise obstruct or block the public way with his wares or merchandise.
(f) Regulations. The department of business affairs and consumer protection has the authority to, and shall, promulgate regulations governing speech peddling permits and activities under this section. The department of cultural affairs and special events has the authority to, and shall, promulgate regulations governing the locations, time, and manner of speech peddling during all City-sponsored special events, including during their set-up and cleanup.
(g) Violations. Any person who shall be found in violation of this section, including the implementing regulations, shall be fined not less than $50.00 nor more than $200.00 for each offense, and each day such violation shall continue shall be deemed a distinct and separate offense.
(Added Coun. J. 5-12-99, p. 2313; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 104052, § 5; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2 and Art. IX, § 4; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 15; Amend Coun. J. 11-1-16, p. 35386, § 1)