(A) Upon the receipt of an application for approval of peddling/soliciting activities required by this chapter, the Village Clerk shall, within 48 hours of the time of such receipt, refer such application to the Jackson County Sheriff’s Department or his or her designated representative for making any necessary investigation. The Jackson County Sheriff’s Department with the duty of making the investigation shall make recommendation thereon, favorable or otherwise, and give a recommendation to the Village Clerk. Upon completion of the required investigation, the peddling/soliciting activity shall be approved upon a determination that the applicant has met all provisions of this chapter, including:
(1) The required fees have been paid;
(2) The applicant has not made a material misrepresentation of fact in and/or falsified any of the contents of the application, unless the applicant can demonstrate that the falsehood was the result of excusable neglect;
(3) The applicant has not had a peddler's or solicitor's permit denied or revoked by the village within a period of two years prior to the date of the application;
(4) The applicant has never been convicted of a felony, a misdemeanor involving moral turpitude and/or convicted of any sexual offenses; and
(5) The applicant has met all other requirements of this chapter.
(B) If the village denies the peddling/soliciting activity, such denial shall be immediately conveyed in writing to the applicant by the Village Clerk. Within 48 hours of the denial, the Village Clerk shall prepare a written report which shall be issued, either by email communication, facsimile correspondence or first-class mail, to the applicant, and the applicant shall be invited to respond to the report and present evidence in support of his or her response.
(C) Denials may be appealed to the Village Council by the filing of a written appeal within seven days of the denial. The Village Council shall make a determination after presentation by the applicant, supported by a preponderance of the evidence, as to whether or not the grounds for denial should be upheld.
(Ord. 07192022.1, passed 7-19-2022)