A. Definitions. The following words, terms and phrases, when used in this Section, 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 conduct business as a Transient Merchant or Itinerant Vendor. |
ITINERANT VENDOR: | Any Person who transports tangible personal property for retail sale within the Village, who does not maintain within the Village, an established office, distribution house, sales house, warehouse, service center or residence from which such business is conducted. The term shall not include any Person who delivers tangible personal property within the Village who is fulfilling an order for such property which was solicited or placed by mail or other means. |
LICENSE: | The document issued by the Village Clerk authorizing a Person to conduct business as a Transient Merchant or Itinerant Vendor. |
LICENSEE: | A Person granted a Transient Merchant or Itinerant Vendor License as provided for herein. |
MOBILE FOOD SERVICE ESTABLISHMENT: | A self-contained food service operation, located in a readily movable, motorized, wheeled or towed vehicle or other unit, used to store, prepare, display or serve food intended for individual portion service. |
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 Section of this Ordinance 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 Ordinance. |
TRANSIENT MERCHANT: | Any Person who is engaged temporarily in the retail sale of goods, wares or merchandise in this State and who, for the purpose of conducting such business, occupies any building, room, vehicle, structure of any kind, or vacant lot. The term does not apply to any Person selling goods, wares or merchandise which are raised, produced or manufactured by him; to any person selling vegetables, fruit or perishable farm products at an established Village market; to any person operating a store or refreshment stand at a resort; to any person operating a stand or booth on or adjacent to property owned by him or upon which he resides; to any person operating a stand or booth at a State or county fair; to any Person operating a stand or booth at a trade show, exposition, convention or similar event; or to any Person operating a Mobile Food Service Establishment. |
VILLAGE: | The Village of Dieterich, Illinois. |
B. License Required.
1. Requirement: No Person shall establish, carry on, conduct, or engage in business as a Transient Merchant or Itinerant Vendor within the corporate limits of the Village, without first complying with the requirements of Section 2a of the Retailers’ Occupation Tax Act (35 ILCS 120/2a) by obtaining a certificate of registration and, if a bond or other security is required, by posting bond or other approved security, as well as without first obtaining a duly issued and authorized License issued by the Village, authorizing such a Transient Merchant or Itinerant Vendor.
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 location at which the Applicant intends to do business, and proof of the property owner’s permission to do business at that location;
f. A brief explanation of the nature and duration of the Applicant’s proposed activity that requires a License under this Section 3-3-2;
g. A complete inventory of the goods the Applicant intends to offer for sale;
h. A list of all licenses to conduct business as a Transient Merchant or an Itinerant Vendor obtained by the Applicant in this State in the 12 months preceding the date of filing of the application, and disclosure of any revocation of such license, permit, or registration.
i. 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;
j. Any other information determined by the Village Clerk, in his/her sole discretion, to be relevant; and,
k. The License Fee imposed under division B.3. Section 3-3-2.
3. License Fee: An application for a License shall be accompanied by a One Hundred Dollar ($100.00) application fee.
4. Bond Required.
a. Prior to receiving a License issued under this chapter, the Licensee shall file with the Village Clerk a surety bond or shall make a cash deposit, unless waived by ordinance adopted by the Village Board of Trustees. The amount of the bond or deposit shall be equal to 50% of the wholesale value of the merchandise that the Licensee intends to offer for sale; however, the amount of the bond or deposit shall not be less than $1,000 nor more than $10,000.
b. The Village Clerk shall transfer any deposit or bond provided under Paragraph 4a to the Attorney General of the State of Illinois within fourteen (14) days after the Licensee ceases to do business in the Village, and the Attorney General shall hold such deposit or bond for two (2) years for the benefit of any person who suffers loss or damage as a result of the purchase of merchandise from said person licensed under this Section 3-3-2 or as the result of the negligent or intentionally tortious act of the person licensed under this Section 3-3-2.
c. The Attorney General shall pay any portion of the bond or deposit to any person in accordance with the order of a court without making an independent finding as to the amount of the bond or deposit that is payable to that person.
d. Any balance of said deposit held by the Attorney General two (2) years after the expiration of a License of a Licensee under this under this Section 3-3-2 shall be refunded to the Licensee.
5. 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 Ordinance or any other applicable state, federal, or local laws or regulations, including the Transient Merchant Act of 1987, 225 ILCS 465/1, et seq.
(4) The Applicant has previously had a License revoked pursuant to any provision of this Chapter 3;
(5) 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.
6. Term of License. Each License issued under the provisions of this Section 3-3-2 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.
7. 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 3-3-2 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.
8. 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 3-3-2. In addition to the provisions contained in this Section 3-3-2, 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 Ordinance or is in violation of any other applicable federal, state, or local laws or regulations, including the Transient Merchant Act of 1987, 225 ILCS 465/1, et seq;
(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; or,
(4) The Licensee is delinquent on any debt owed to the Village;
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. Penalties.
1. If any Person makes retail sales as a Transient Merchant or Itinerant Vendor without having obtained a License under this Chapter, the Village police department or County Sheriff Department may hold the inventory, truck, or other personal property of the Person until said Person obtains a License to conduct business as a Transient Merchant or Itinerant Vendor.
2. If the property has been held by the police department or sheriff’s department for more than 60 days and the Person whose property is being held has not obtained a License under this Section, the police department, sheriff’s department, or the Village, may petition the Effingham County Circuit Court for an order for the sale of the property being held.
a. If the court finds that the Person whose property is held has not obtained a License under this Section, the court may order the police department, sheriff department, or Village to sell the property.
b. Proceeds of the sale of the property, less reimbursement to the police department, sheriff’s department, or Village of the reasonable expenses of storage and sale of the property, shall be deposited in the treasury of the Village.
3. Notwithstanding any other remedies available to the Village pursuant to this Section 3-3-2, 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 3-3-2 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.
4. Every act or omission of whatsoever nature constituting a violation of any provision of this Section 3-3-2, 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 3-3-2 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.
5. For violations of this chapter, the penalty provided in division C.3. of this section is in addition to, not in lieu of, any administrative action taken by the Village designee as contained within division B.8. of this section. (Ord. 1035-2020, 7-6-2020)