(A) Contents: Application for a solicitation permit shall be made upon a form provided by the village which shall contain the following information:
1. The full name, mailing address and telephone number of the person or organization, if any, sponsoring, promoting or conducting the proposed activities;
2. The full name, mailing address and telephone number of the individual person or persons, if any, who will have responsibility for the supervision of the proposed activities;
3. The full name of the individual person or persons age eighteen (18) and over who will be engaged in the proposed solicitation activities;
4. The mailing address, date of birth and physical description of the individual person or persons age eighteen (18) and over who will be engaged in the proposed solicitation activities;
5. The dates and hours in which the solicitation is proposed to begin, the expected duration of the proposed activities, and the geographic area within the village wherein such solicitation shall be conducted at a particular time of day;
6. Description sufficient for identification of vehicles to be used in solicitation;
7. The date, or approximate date, of the latest previous application for a permit under this chapter, if any;
8. Whether a solicitation permit issued to the applicant under this chapter has ever been revoked;
9. Whether the applicant has ever been convicted of a violation of any of the provisions of this chapter, or the ordinances of any other Illinois municipality regulating solicitation;
10. In the case of commercial solicitation, a copy of the most recent annual report filed with the Illinois secretary of state, pursuant to 805 Illinois Compiled Statutes 5/14.05, shall be filed by all corporate applicants. All noncorporate applicants shall submit a copy of the most recent certificate of registration from the Illinois department of revenue, pursuant to either 35 Illinois Compiled Statutes 105/6, 110/6, 115/6, or 120/2a, whichever provision is applicable;
11. If a domestic corporation has not yet been required to file an annual report, it shall submit instead a copy of its articles of incorporation. If a foreign corporation has not yet been required to file an annual report, it shall submit instead a copy of the certificate of authority issued to it by the secretary of state. This subsection (A)11 shall not apply to any organization which is a political subdivision or is associated with a political subdivision of the state;
12. Name and address of the person or organization whom the applicant is employed by or represents, and the length of time of such employment or representation, if applicable;
13. A description sufficient for identification of the subject matter of the solicitation in which the applicant or agent will engage;
14. Verification that the applicant and agents have never been convicted of a commission of a felony under the laws of the state or any other state or federal law of the United States;
15. In the case of noncommercial solicitation, the applicant shall submit a financial statement of said noncommercial organization for the preceding twelve (12) months which shall include a balance sheet and statement of income and expenses clearly stating forth the following: gross receipts and gross income from all sources specifying total receipts and income from each separate solicitation project or source; cost of administration; cost of solicitation; cost of programs designed to inform or educate the public; funds or properties transferred out of the state, with explanation as to recipient and purpose; total net income amount for each major purpose, charitable or otherwise. Statements shall be signed by the president or other authorized officer or agent and shall be accompanied by an opinion signed by an independent certified public accountant that said financial statement fairly represents the financial operation of the organization.
A copy of the annual report to the attorney general of Illinois required by 225 Illinois Compiled Statutes 460/4 may be presented in lieu of the aforementioned financial statements. For the purpose of financial statements, the definitions and standards applicable to the annual report to the attorney general as set forth in said provision shall be utilized. This subsection (A)15 shall not apply to any organization which is a political subdivision or is associated with a political subdivision of the State.
In the event a noncommercial organization has not been established for a period of twelve (12) months, a copy of the registration statement filed with the Attorney General of Illinois pursuant to 225 Illinois Compiled Statutes 460/2, may be utilized;
16. All applicants shall submit an indemnification and hold harmless agreement for the purpose of indemnifying the Village for all claims for damages to persons or property arising from solicitation activities within the Village. The agreement shall be in a form provided by the Business Office Manager;
17. All applicants shall provide all such other information as may be requested by the application form, as amended from time to time.
(B) Fees: Each application for solicitation permit shall be accompanied by a license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(C) Permit Duration: A permit referred to herein shall be valid for a period of up to ninety (90) days as specified on the permit application. (Ord. 2011-4408, 10-17-2011)
(D) Grounds For Denial: All applications for a solicitation permit shall be filed with the Village Manager or his/her designee and shall be verified under oath. The Village Manager or his/her designee, within five (5) business days of receipt of the application, shall consider the information contained therein and shall deny only the applications of applicants:
1. Who have violated one of the provisions of this chapter;
2. Whose solicitation permit issued hereunder has previously been revoked pursuant to section 3-4-10 of this chapter within the last thirty six (36) months;
3. Who are themselves or who employ to solicit any person who has been convicted of a serious felony (as defined in section 3-4-1 of this chapter) under the laws of any State or Federal law of the United States; or
4. Whose application does not contain all of the information and documentation required in this section.
If the applicant has complied with the above provisions, a solicitation permit shall be issued. The grounds set forth above shall be the only grounds under which an application to solicit will be denied. In addition, failure to render a decision within five (5) business days shall constitute an approval of the application and a permit shall be issued. (Ord. 2018-4761, 4-16-2018; amd. Ord. 2021-4921, 9-20-2021)
(E) Notification Of Denial; Appeal:
1. In the event that any permit to engage in solicitation is denied for the reasons stated herein, the Business Office Manager shall immediately notify the applicant in writing of the reasons for said denial.
2. If the applicant is denied a permit, an appeal may be filed. The President and Board of Trustees shall hear appeals concerning a denial. An appeal must be filed in the Village Manager's Office within twenty one (21) days after the date of denial of the application of permit by the Business Office Manager.
3. If a hearing is requested, the President and Board of Trustees shall schedule a hearing at their next regularly scheduled meeting. The appealing party shall have the right to file additional documents, amend the written appeal, and to appear at such hearing in person, or by attorney, or otherwise to examine and cross examine witnesses.
4. The President and Board of Trustees shall not be bound by the rules of evidence prevailing in the courts of law, but shall, in ascertaining the conditions and practices involved in the decision appealed, take into account all reliable, probative, and substantial evidence produced at the hearing relating to the denial of the application. (Ord. 2011-4408, 10-17-2011)