CHAPTER 3
SOLICITORS
SECTION:
3-3-1: Definitions
3-3-2: Certificate Of Registration
3-3-3: Application For Certificate
3-3-4: Issuance And Revocation Of Certificate
3-3-5: Policy On Soliciting
3-3-6: Notice Regulating Soliciting
3-3-7: Duty Of Solicitors
3-3-8: Time Limit On Soliciting
3-3-9: Uninvited Soliciting Prohibited
3-3-10: Streets And Public Ways, Restrictions
3-3-11: General Prohibitions
3-3-12: Registration Fee
3-3-13: Penalty
3-3-1: DEFINITIONS:
For the purpose of this chapter, the following words, as used herein, shall be construed to have the meaning herein ascribed thereto:
BUSINESS: Every lodging, office or other commercial business use, whether located in an office suite, shopping center, restaurant or stand alone store or building.
COMMERCIAL SOLICITING: Any door to door soliciting for the purpose of: 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; or c) seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; but commercial solicitation shall not include the sale of goods, whether for present or future delivery, by persons as part of fundraising activities for local schools or youth organizations, nor shall it include any activity that constitutes exempt soliciting.
DOOR TO DOOR SOLICITING: Going upon the premises on which any residence or business in the village is located and: a) placing or attaching advertisements, fliers or other written materials on vehicles in driveways or parking areas, mailboxes, fences, gates, or entrances to such residence or business as a means of engaging in commercial soliciting or exempt soliciting or b) ringing the doorbell upon or near any door, or creating any sound in any manner calculated to attract the attention of the occupant of such residence or business, for the purposes of securing an audience with the occupant thereof to engage in commercial soliciting or exempt soliciting.
EXEMPT SOLICITING: Any door to door soliciting for the purpose of: a) supporting political, charitable, benevolent, philanthropic, patriotic, or religious causes and organizations where the solicitation of funds is not involved, or b) requesting the donation of money, property or anything of value, or requesting a pledge of a future donation of money, property or anything of value; or selling or offering for sale any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications or brochures, when the proceeds of donation, pledge or sale will be used for political, charitable, benevolent, philanthropic, patriotic, or religious purposes.
PERSON: Any individual, firm, association, corporation, partnership, limited liability company or political, religious or charitable organization.
POLICE CHIEF: The chief of police of the police department of the village of Golf.
RESIDENCE: Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITOR: A person who engages in door to door soliciting, including persons required to be licensed as "itinerant vendors" pursuant to the transient merchant act of 1987, 225 Illinois Compiled Statutes 465/1 et seq. (Ord. 2015-08, 8-10-2015)
3-3-2: CERTIFICATE OF REGISTRATION:
   A.   Every person desiring to engage in commercial soliciting at any residence within the village is hereby required to make written application for a certificate of registration, as hereinafter provided.
   B.   Every person desiring to engage in exempt soliciting at any residence within the village shall have the voluntary option of making written application for a certificate of registration, if such person desires to be welcome at those residences within the village that have posted notices stating "Only Solicitors Registered In The Village Of Golf", as is provided in section 3-3-6 of this chapter. (Ord. 2015-08, 8-10-2015)
3-3-3: APPLICATION FOR CERTIFICATE:
   A.   Application for a certificate of registration shall be made upon a form provided by the police chief. The applicant shall include the application fee with the application as prescribed by section 3-3-12 of this chapter. The applicant shall truthfully state in full the information requested on the application, which shall include the following:
      1.   The applicant's name, permanent business address (which must include a street address and zip code), social security number, date of birth, sex, and a physical description of the applicant; and if the applicant is a corporation, the residence addresses of its officers;
      2.   Name and address of the person by whom the applicant is employed or represents, and the approximate length of time of such employment or representation;
      3.   The areas within the village where the applicant intends to conduct door to door soliciting;
      4.   Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage and whether the applicant is required to be licensed as an "itinerant vendor" pursuant to the transient merchant act of 1987, 225 Illinois Compiled Statutes 465/1 et seq.;
      5.   Period of time for which the certificate is applied;
      6.   Whether the applicant has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal laws of the United States;
      7.   Whether a license issued to the applicant under this chapter, or its predecessor, has ever been revoked;
      8.   Whether the applicant has ever been convicted of a violation of any of the provisions of this chapter or its predecessor, or of the ordinance of any other Illinois municipality, or any Illinois statute, regulating soliciting; and
      9.   In the case of an application submitted by any charitable organization, a) a written statement date issued by the attorney general of Illinois that the charitable organization has complied with the provisions of "an act to regulate solicitation and collection of funds for charitable purposes", 225 Illinois Compiled Statutes 460/0.01 et seq., or a written statement by the attorney general of exemption under 225 Illinois Compiled Statutes 460/3; and b) a copy of the most recent annual report filed with the Illinois attorney general pursuant to 225 Illinois Compiled Statutes 460/4. In the event a charitable organization has not yet been required to file an annual report, a copy of the registration statement filed with the attorney general of Illinois pursuant to 225 Illinois Compiled Statutes 460/2 may be utilized.
All statements made by the applicant upon the application or in connection therewith shall be under oath. An applicant for a certificate of registration shall attach to the application two (2) color photographs of the person(s) in whose name(s) the certificate of registration is to be issued. All such photographs shall be a head and shoulders shot and shall measure one inch (1") wide by one and one- half inches (11/2") high. If an applicant is required to be licensed as an "itinerant vendor" pursuant to the transient merchant act of 1987, 225 Illinois Compiled Statutes 465/1 et seq., the application shall include a bond or a cash deposit in the amount of fifty percent (50%) of the wholesale value of the merchandise that the applicant intends to offer for sale; however the amount of the bond or deposit shall not be less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00).
   B.   The police chief shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this chapter, and of the denial of applications. (Ord. 2015-08, 8-10-2015)
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