A. Definitions. The following words, terms and phrases, when used in this Section 3-3-1, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
APPLICANT: | The applicant for a License authorizing a Person to engage in Door-to-Door Commercial Solicitation. |
DOOR-TO-DOOR COMMERCIAL SOLICITATION: | Attempting to make personal contact with any person at his or her residence, without prior invitation by or appointment with the resident for the primary purpose of: |
a. Attempting to sell, for present or future delivery, any goods, wares, or merchandise, newspaper or magazine subscriptions, or any services to be performed immediately or in the future, whether or not the Person has, carries, or exposes a sample of such goods, wares, or merchandise, and whether or not the Person is collecting advance payments for such sales and services; | |
b. Seeking or attempting to obtain contributions of any money or any other thing of value for the benefit of any association, organization, corporation, or program, excluding those defined under Door-to-Door Non-Commercial Solicitation; or, | |
c. Personally delivering to the resident a handbill or flyer advertising a commercial event, activity, good, or service that is offered to the resident for purchase at a location away from the residence or at a future time. | |
DOOR-TO-DOOR NON-COMMERCIAL SOLICITATION: | Attempting to make personal contact with any person at his or her residence, without prior specific invitation by or appointment with the resident for the primary purpose of: |
a. Seeking or asking for a gift or donation for the benefit of any bona fide religious, charitable, or not-for-profit organization, provided that such organization has received federal tax exemption pursuant to the Internal Revenue Code, 26 USC Section 501(c); | |
b. Soliciting the sale of goods, wares, or merchandise for present or future delivery, or the sale of services to be performed immediately or in the future, with the entire proceeds of such sale to be paid directly to, or used exclusively for the benefit of a bona fide religious, charitable, or not-for-profit organization, provided that such organization has received federal tax exemption pursuant to the Internal Revenue Code, 26 USC Section 501(c); | |
c. Personally delivering to the resident a handbill or flyer advertising a future not-for-profit event, activity, good, or service; | |
d. Distribution of religious tracts and information on behalf of any religious organization; or | |
e. Door-to-door canvassing and pamphleteering as a vehicle for the dissemination of ideas, views, or opinions by one engaged in political activities as a candidate or on behalf of a candidate in a recognized federal, state, or local election, or on behalf of an issue on an upcoming ballot. | |
LICENSE: | The document issued by the Village Clerk authorizing a Person to engage in Door-to-Door Commercial Solicitation. |
LICENSEE: | A Person granted a Door-to-Door Commercial Solicitation License as provided for herein. |
PERSON: | Any natural person, firm, partnership, joint venture, club, company, association, syndicate, society, business trust, organization, institution, agency, corporation, limited liability company, proprietorship, contractor, supplier, vendor, vendee, operator, or other legal entity. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word “Person” appears in any subsection of this Section 3-3-1 prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations or limited liability company, shall include the officers, agents or members thereof who are responsible for any violation of this section. |
PUBLIC ENTITY: | The United States of America, the State of Illinois, any county, municipality, school district, special district, and any other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the federal, state, county, municipality, school district, special district, and every other kind of district, agency, instrumentality, or political subdivision thereof. |
RESIDENCE: | A private residence in the Village including, but not limited to, any condominium units, multi-family housing units, and apartments, and shall include the yards, grounds, or hallways thereof. |
VILLAGE: | The Village of Dieterich, Illinois. |
B. Door-To-Door Commercial Solicitation License Required.
1. Requirement: No Person shall establish, carry on, conduct, or engage in Door-to-Door Commercial Solicitation at a Residence without first obtaining a duly issued and authorized License issued by the Village, authorizing such Door-to-Door Commercial Solicitation. Notwithstanding anything contained in this Section 3-3-1, persons engaged in Non-Commercial Door-to-Door Solicitation are not required to obtain a License.
2. Application for License: Any Person desiring to secure a License from the Village shall complete and file with the Village Clerk an application for a License on such forms as prescribed by the Village Clerk. An application for a License shall include at least the following information:
a. Applicant’s true and correct name, and any former names or aliases;
b. Applicant’s business name and permanent business address (which must include a street address), residence address of the principal of the Applicant and, if the Applicant is a partnership, corporation, or limited liability company, the name and residence address of each officer, shareholder, member, partner, etc.;
c. The applicant’s registration number under the Retailer’s Occupation Tax Act;
d. If Applicant is an Illinois limited partnership, a copy of the filed certificate of limited partnership and a certificate of good standing from the Illinois Secretary of State must be attached. If Applicant is a foreign limited partnership, a copy of the filed certificate of limited partnership from the Illinois Secretary of State for admission to transact business as a foreign limited partnership in Illinois must be attached. If Applicant is an Illinois corporation, a copy of the articles of incorporation and a certificate of good standing from the Illinois Secretary of State must be attached. If the Applicant is a foreign corporation, a certificate from the Illinois Secretary of State to conduct business in Illinois as a foreign corporation must be attached. If Applicant is an Illinois limited liability company, a copy of the articles of organization and a certificate of good standing from the Illinois Secretary of State must be attached. If the Applicant is a foreign limited liability company, a certificate from the Illinois Secretary of State to conduct business in Illinois as a foreign limited liability company must be attached;
e. The name, address, and phone number of Applicant’s immediate supervisor, if any;
f. A brief explanation of the nature and duration of the Applicant’s proposed solicitation activity that requires a License under this Section 3-3-1;
g. Whether the applicant has ever been convicted of a violation of any of the provisions of this Section 3-3-1, and whether the Applicant’s License has ever been revoked. If the Applicant is a partnership, corporation, or limited liability company, whether any officer, shareholder, member, partner of said partnership, corporation, or limited liability company has ever been convicted of a violation of any of the provisions of this Chapter 3 or had a License revoked;
h. Whether the Applicant’s permit, license, or registration in connection with soliciting has ever been revoked by any other jurisdiction and an explanation of the circumstances;
i. A complete list of all persons to be authorized to solicit under the License, and for each such person authorized to solicit under the License, the following information:
(1) True and correct name, and any former names or aliases, phone number, and date of birth;
(2) Proof of identification by submittal of any of the following that bears a photograph of sufficient quality to identify the person:
(A) A valid U.S. driver’s license or identification card issued by any state;
(B) A valid United States uniformed service identification card;
(C) A valid U.S. passport; or,
(D) U.S. Citizenship and Immigration Services Green Card;
j. Whether the Applicant, or anyone authorized to solicit under the License, has ever 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 or is a registered sex offender. If the Applicant is a partnership, corporation, or limited liability company, whether any officer, shareholder, member, partner of said partnership, corporation, or limited liability company has ever 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 or is a registered sex offender;
k. Any other information determined by the Village Clerk, in his/her sole discretion, to be relevant; and,
l. The License Fee imposed under division B.3. of this Section 3-3-1.
3. License Fee: An application for a License shall be accompanied by the following applicable fee(s):
a. Two Hundred Fifty Dollars ($250.00) application fee; plus,
b. Fifty Dollar ($50.00) fee for each person which applicants seeks to authorize to solicit under the License.
4. Issuance or Denial of License.
a. Within ten (10) business days of receipt of any application, the Village Clerk or his/her designee shall grant or deny the requested License and give written notice to the Applicant of the decision.
b. The Village Clerk shall issue the license to the Applicant unless he/she shall find one (1) or more of the following conditions exist:
(1) The Applicant failed to supply all of the information requested on the application;
(2) The Applicant gave materially false, fraudulent, or untruthful information on the application;
(3) The Applicant has not fully complied with this Section or any other applicable state, federal, or local laws or regulations;
(4) The Applicant has previously had a License revoked pursuant to any provision in this Chapter 3;
(5) That the Applicant, or anyone authorized to solicit under the License, ever been convicted or completed any sentence of imprisonment within the last five years of any offense relating to theft, burglary or fraud, or the Applicant, or anyone authorized to solicit under the License, has ever been convicted of any felony sex offense as defined in the Illinois Criminal Code of 1961, 720 ILCS 5/1-1, et seq., felony offense related to use of a firearm, manslaughter, first or second degree murder as defined by the Illinois Criminal Code of 1961, 720 ILCS 5/1-1, et seq. or home invasion as defined by the Illinois Criminal Code of 1961, or any similar offense under the laws of United States or another state;
(6) The Applicant is delinquent of any debt owed to the Village.
c. An applicant may appeal the denial of a license to the Village Clerk by serving written notice of such appeal to the Village President within five days of receiving written notice of denial from the Village Clerk. The decision on the application shall be final unless the appeal is timely filed. An appeal shall not stay the decision on the issuance of a license. The Applicant’s written request for a hearing shall set forth the grounds on which the denial is challenged. The hearing shall be conducted by the Village President. At the hearing the Village President may receive oral and written testimony regarding the application. Hearings shall be conducted under the rules issued by the Village President, which rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel.
d. The Village President shall conduct the hearing within ten (10) business days after receipt of the Applicant’s written request for a hearing unless the Applicant requests an extension in writing. The Village President shall render a written decision and issue notice thereof to the Applicant within five (5) days after the conclusion of the hearing. The written decision of the Village President shall be final.
e. Failure of the Village Clerk to give timely notice of action on an Application, or the failure of the Village President to timely conduct or give notice of the Village President’s decision on an appeal within the limitations of time specified above shall entitle the Applicant to the issuance of a temporary license upon written demand therefor filed by the Applicant with the Village President. Such a temporary license shall only be valid until the third day after the Village Clerk gives notice of action on the application or the Village President gives notice of the decision on the appeal.
5. Term of License: Each License issued under the provisions of this Section 3-3-1 shall be valid for a period of up to one (1) year, provided however, that each License shall terminate on the thirty-first day of January next following its issuance, unless sooner revoked.
6. Continuing Obligation to Supply Information: The requirement to supply all information required in Application for License as provided for in division B.2. of this Section 3-3-1 is a continuing one. If any supplied information or statements become invalid, it is the duty of the holder of a License to provide updated information to the Village.
7. Revocation or Suspension of License.
a. The Village President or the Village President’s designee shall have the authority to revoke or suspend any License issued under this Section 3-3-1. In addition to the provisions contained in this Section 3-3-1, the Village President shall have the authority to establish the rules and regulations for the conduct of a hearing relating to the revocation or suspension of a License.
b. The Village President or the Village President’s designee shall have the authority to revoke or suspend a license for any one (1) or more of the following reasons:
(1) The Licensee has not complied with provisions of this Section 3-3-1 or is in violation of any other applicable federal, state, or local laws or regulations;
(2) The Licensee gave false, fraudulent, untruthful or misrepresentative information on the original or renewal application form;
(3) The Licensee becomes ineligible to obtain or hold a License;
(4) The Licensee is delinquent on any debt owed to the Village;
(5) The conviction of the Licensee, or anyone authorized to solicit under the License, of any offense relating to theft, burglary or fraud, or the Applicant has ever been convicted of any felony sex offense as defined in the Illinois Criminal Code of 1961, 720 ILCS 5/1-1, et seq., felony offense related to use of a firearm, manslaughter, first or second degree murder as defined by the Illinois Criminal Code of 1961, 720 ILCS 5/1-1, et seq. or home invasion as defined by the Illinois Criminal Code of 1961, or any similar offense under the laws of United States or another state.
c. Prior to revocation or suspension of a License, the Village President or the Village President’s designee shall investigate whether probable cause for revocation or suspension may exist and if so, shall notify the Licensee in writing of the reason(s) for the proposed revocation or suspension and shall grant such Licensee the opportunity to appear before the Village President or the Village President’s designee at a time and place specified within such notice. Such hearing shall be held not less than five (5) days after the notice is received by the Licensee. Hearing shall be conducted under rules issued by the Village President. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel. If, after the hearing, the Village President or the Village President’s designee finds that the license shall be revoked or suspended, the Village President or the Village President’s designee shall issue a written order revoking or suspending such License.
d. In cases of suspension, the written order shall specify the period, if any, of suspension or the condition on which the suspension order shall be lifted upon remedial action taken by the Licensee.
C. Prohibited Solicitation.
1. It is hereby declared to be the policy of the Village that the occupant or occupants of any Residence in the Village shall make the determination of whether solicitors shall be, or shall not be, invited to their Residence.
2. No Person may engage in Door-to-Door Commercial Solicitation at any residence without prior invitation from the occupant if the Residence:
a. is registered with the Village’s “No Knock” registry for Door-to-Door Commercial Solicitation; or,
b. prominently displays a notice stating “No Commercial Solicitors” or “No Commercial Solicitation” on or near the main entrance or door to any dwelling unit in the Residence.
3. No Person may engage in any Door-to-Door Commercial Solicitation or Door-to-Door Non-Commercial Solicitation upon any residence without prior invitation from the occupant thereof if the Residence:
a. is registered with the Village’s “No Knock” registry for Door-to-Door Commercial Solicitation and Door-to-Door Non-Commercial Solicitation; or,
b. prominently displays a notice stating “No Solicitors” or “No Solicitation” on or near the main entrance or door to any dwelling unit in the Residence.
4. No Person may engage in Door-to-Door Commercial Solicitation or Door-to-Door Non-Commercial Solicitation at any Residence after the owner or occupant asks the person to leave the Residence.
D. “No Knock” Registry.
1. An occupant or owner of a Residence may prohibit Door-to-Door Commercial Solicitation and/or Door-to-Door Commercial Non-Solicitation without prior invitation at his or her Residence by registering the Residence with the Village Clerk’s office.
2. The Village Clerk will maintain and make available a “No Knock” registry at Village Hall, indicating those occupants or owners prohibiting Door-to-Door Commercial Solicitation and/or Door-to-Door Non-Commercial Solicitation at his or her Residence.
E. Door-To-Door Solicitation.
1. Every Person licensed pursuant to this Section must at all times possess and display their License in a conspicuous place while soliciting, and shall produce the same whenever requested to do so by a police officer, county deputy, or other person.
2. Not more than two individuals will engage in Door-to-Door Commercial Solicitation or Door-to-Door Non-Commercial Solicitation at any Residence at the same time without permission of the Occupant or Owner of a Residence.
3. Hours of Operation: A Licensee shall be allowed to conduct Door-to-Door Commercial Solicitation only between the hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday.
F. Penalties.
1. Pursuant to 65 ILCS 5/1-2-1, any Person violating, disobeying, omitting, neglecting, or refusing to comply with or unlawfully resisting or opposing the enforcement of any of the provisions of this Section 3-3-1 shall, upon conviction thereof, be deemed guilty of a civil ordinance violation and shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each offense. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues.
2. Every act or omission of whatsoever nature constituting a violation of any provision of this Section 3-3-1, by any officer, director, manager or other agent or employee of any holder of a License or any Person subject to the provisions of this Section 3-3-1, shall be deemed and held to be the act of such employer or holder of a License and the employer or holder of a License shall be punishable in the same manner as if the act or omission had been done or omitted by him personally.
3. For violations of this chapter, the penalty provided in division F.1. of this section is in addition to, not in lieu of, any administrative action taken by the Village designee as contained within division B.7. of this section 3-3-1. (Ord. 1035-2020, 7-6-2020)