CHAPTER 4
PEDDLERS, SOLICITORS, ITINERANT MERCHANTS

SECTION:

3-4-1: Definitions

3-4-2: License Required

3-4-3: Application For License

3-4-4: Investigation Of Applicant

3-4-5: Issuance Of License

3-4-6: Display Of License

3-4-7: Restriction On Hours, Locations

3-4-8: License Fees

3-4-9: Exemptions

3-4-10: Festivals And Fairs

3-4-11: Solicitation Of City Employees

3-4-1: DEFINITIONS:

For the purposes of this chapter, the following definitions shall apply:

ITINERANT MERCHANT: Any person engaging temporarily in a retail or wholesale sale of goods, wares or merchandise, in any place within the city of Clinton, and who, for the purpose of conducting such business, occupies any lot, building, room or structure of any kind. The term shall not apply to any person operating a store or stand at any fair or festival declared exempt from the provisions of this chapter by the city council.

Any merchant engaging or intending to engage in business as a merchant in the city of Clinton, Illinois for a period of time not exceeding one hundred (100) days shall be considered as an itinerant merchant; provided however, that peddlers shall not be considered itinerant merchants.

PEDDLER: Any person who sells or offers for sale, barters, or exchanges any farm produce, vegetables, dairy products, meat, fish, foods of any kind or other goods, wares or merchandise of any kind, at retail while traveling from place to place in, along and upon the streets, alleys, sidewalks or other public places within the city, without a permanent or fixed place of business, whether to regular customers or not, making delivery of said goods at the time of sale, regardless of whether or not such person collects payment at the time of sale.

PERSON: Includes any corporation, or partnership, or two (2) or more persons having a joint or common interest.

SOLICITOR: Any person who engages in one or more of the following activities within the city of Clinton, Illinois:

   (A)   Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever.

   (B)   Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character.

   (C)   Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.

   (D)   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. (Ord. 366, 3-4-1986)

3-4-2: LICENSE REQUIRED:

It shall be unlawful for any person to engage in the business of peddler, itinerant merchant or solicitor in the city without having first obtained a license therefor as provided herein. (Ord. 366, 3-4-1986)

3-4-3: APPLICATION FOR LICENSE:

Applicants for a license under this chapter must file with the city clerk a sworn application in writing on a form to be furnished by said city clerk, which form shall give the following information:

   (A)   Name of applicant and his current resident address.

   (B)   Social security number.

   (C)   Business address, if other than resident address.

   (D)   Age of applicant and date and place of birth.

   (E)   A photograph of the applicant taken within sixty (60) days immediately prior to the date for filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinct manner.

   (F)   If a vehicle is to be used, a description of the vehicle, together with the license number and other means of identification.

   (G)   A description of the nature of the business for which the license is being applied.

   (H)   A statement as to whether or not any license issued to an applicant under this chapter has ever been revoked, suspended or cancelled.

   (I)   A statement as to whether or not the applicant has ever been convicted of the violation of any of the provisions of this chapter or the ordinance of any other municipality regulating soliciting, peddling or itinerant merchant.

   (J)   Whether the applicant has ever been convicted of the commission of a felony.

   (K)   The length of time for which the right to do business in the city is desired. (Ord. 366, 3-4-1986)

3-4-4: INVESTIGATION OF APPLICANT:

Upon receipt of the application, the chief of police shall make an investigation of the applicant's business responsibility and moral character for the protection of the public welfare and safety. If the applicant's character and business responsibility is not good, the chief of police shall endorse on such application his disapproval and his reasons therefor and return the same to the city clerk, who shall notify the applicant that his application is disapproved, and no permit or license will be issued. Any person aggrieved by the action of the chief of police or city clerk and the denial of the application for license shall have the right to appeal to the city council at their next regular meeting after the grievance occurs.

If, as a result of the investigation of the applicant, the applicant's character and business responsibility is found to be good, the chief of police shall endorse on the application his approval and shall transmit it to the city clerk. (Ord. 366, 3-4-1986)

3-4-5: ISSUANCE OF LICENSE:

Upon receipt by the city clerk of the application for license, which has been approved by the chief of police, the city clerk, upon payment of the proper license fee, shall issue the requested license, deliver said license to the applicant; provided, however, that no license shall issue to any applicant who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States within five (5) years of the date of the application; nor to any person who has been convicted of the violation of any of the provisions of this chapter; nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided.

The license issued hereunder shall state the expiration date thereof. (Ord. 366, 3-4-1986)

3-4-6: DISPLAY OF LICENSE:

Any person receiving a license hereunder shall prominently display said license on his person at all times when engaged in business in the city. (Ord. 366, 3-4-1986)