AN ORDINANCE AMENDING TITLE 3, BUSINESS REGULATIONS, CHAPTER 12, PEDDLERS, SOLICITORS AND CANVASSERS, SECTION 3-12-4, PERMIT AND BADGE FEES, AND SECTION 3-12-5, APPLICATION REVIEW AND ISSUANCE OF PERMIT, OF THE VILLAGE OF MANTENO MUNICIPAL CODE
BE IT ORDAINED by the President and Board of Trustees of the Village of Manteno, as follows:
Section 1
That Title 3, Business Regulations, of the Village of Manteno Municipal Code, be amended by changing Chapter 12, Peddlers, Solicitors and Canvassers, to read as follows:
CHAPTER 12
PEDDLERS, SOLICITORS AND CANVASSERS
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3-12-1: DEFINITIONS: The following words, terms, and phrases, and their derivations, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Canvasser means any person who attempts to make personal contact with another (except on premises where that person is employed or resides), for the primary purpose of (1) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue, or candidate, even if incidental to such purpose the canvasser accepts contributions for or against such cause, and/or (2) distributes a handbill, flyer, pamphlet, or any other type of literature, advertising a non-commercial event, service or ideal. Canvasser shall also include any person who seeks charitable contributions for a patriotic, philanthropic, religious, social, health, welfare, benevolent, educational, civic, cultural or fraternal cause or ideology.
Canvassing activities means the actions of a canvasser.
Chief of Police means the Chief of Police of the Manteno Police Department or his/her designee.
Contributions mean and include alms, money, subscriptions, property, or any other types of donations.
Corporate Authorities means the President and Board of Trustees of the Village of Manteno.
Peddler means any person who, not having been invited by another, carries or transports goods, wares, merchandise or personal property of any nature and offers the same for sale (except on premises where that person is employed or resides). A Peddler shall also include any person who solicits orders and, as a separate transaction, makes a subsequent delivery to a purchaser.
Peddling activities means the actions of a peddler.
Person means any person, firm, corporation, association, club, society or other organization.
Solicitor means any person who, not having been invited by another (except on premises where that person is employed or resides), takes or attempts to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services performed in the future. A solicitor shall also include any person who distributes handbills and flyers advertising a commercial event or service.
Soliciting activities means the actions of a solicitor.
Street means any public street, highway or other thoroughfare primarily intended for use by motor vehicles. Street shall mean the entire area between a curb-cut, including but not limited to any and all medians and crosswalks.
Street Solicitation means the act of soliciting, peddling or canvassing in and on a Village streets or highways.
Village means the Village of Manteno.
Village Clerk means the Village Clerk of the Village of Manteno or his/her assigns.
3-12-2: PERMIT REQUIREMENTS: It shall be unlawful for any person to engage in peddling or solicitation activities within the Village without first obtaining a permit issued by the Manteno Police Department.
3-12-3: PERMIT APPLICATION: Any person who desires to engage in peddling or solicitation activities shall file with the Manteno Police Department an application in writing, on a form to be furnished by the Manteno Police Department, which shall consist of the following information:
(a) Name, address, age and telephone number of the applicant, which shall be confirmed through the applicant’s driver’s license or state identification card, articles of incorporation, or other legally recognized form of identification;
(b) A brief description of the business or activity;
(c) If acting as an employee of an employer, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
(d) A statement as to whether or not the applicant has been convicted or pleaded guilty to a felony or misdemeanor, the nature of the offense, and the date of the conviction or plea;
(e) A statement as to whether the applicant has had a permit denied, suspended or revoked for noncompliance with this Chapter in the past; and,
(f) Proof of possession of any license or permit which, under federal, state or local law, the applicant is required to have in order to conduct the proposed business, or which, under any such law, would exempt the applicant from the licensing requirements of this Chapter.
3-12-4: CRIMINAL HISTORY CHECK AND PERMIT FEES: No fee shall be due at the time an application is filed with the Manteno Police Department. The applicant shall pay $50.00 to the Manteno Police Department to be fingerprinted for a criminal history check. The applicant shall pay a $50.00 permit fee to the Manteno Police Department to obtain a permit following a criminal history check that reveals no basis to deny the same unless the applicant has already submitted the permit fee to obtain a temporary permit.
3-12-5: APPLICATION REVIEW AND ISSUANCE OF PERMIT:
(a) Upon receipt of an application, the Chief of Police shall review the application to determine if all of the information required by this Chapter is present. If the application has listed all of the information necessary, and there exists no reason to deny the permit from the face of the application for the reasons set forth in §3-12-6, the Chief of Police shall order the applicant to be fingerprinted for a criminal history check. The Chief of Police shall deny the permit before a criminal history check if there exists a reason to deny the same from the face of the application for the reasons set forth in §3-12-6.
(b) Upon receipt of the criminal history report, and there otherwise being no basis to deny the permit for the reasons set forth in §3-12-6, the Chief of Police shall issue the permit upon receipt of a $50.00 permit fee from the applicant.
(c) Any permit issued pursuant to this Chapter shall contain the name, address and photograph of the permittee, the name of any employer or principal, the class of permit issued, the date of issuance and the date of expiration. The permit shall also contain a permit number (which shall be a number matching a number listed on the application).
(d) The Chief of Police shall make a good-faith effort to complete an application review and advise an applicant of his/her decision within seventy-two (72) hours of receipt of the application, excepting weekends and holidays. If, upon the expiration of the seventy-two (72) hour review period, the Chief of Police has not advised an applicant of his/her decision to grant or deny a permit, an applicant may request, and the Chief of Police shall be obligated to issue, a temporary permit upon receipt of a $50.00 permit fee from the applicant.
(e) If a temporary permit is issued, and further review identifies a basis for which a permit should be denied, an applicant shall be immediately notified by telephone that the temporary permit is revoked and his/her application has been denied. In such instance, $30.00 of the $50.00 permit fee shall be returned to the applicant. In no event shall an application review take longer than seven (7) business days. At the expiration of seven (7) business days, and provided no oral decision has been made concerning the issuance of the permit, the applicant may request, and the Chief of Police shall be obligated to issue a permit to the applicant. Once issued, the permit shall only be subject to suspension or revocation as provided by §3-12-15 and §3-12-16 of this Chapter.
(f) The Chief of Police shall notify the applicant of his/her decision to grant or deny a permit by the telephone number listed on the application. The Chief of Police shall advise the applicant of the basis for the denial.
(g) If an application is incomplete, the Chief of Police shall allow the applicant an opportunity to provide the information necessary for his/her review.
(h) In the case of a denial, the Chief of Police shall issue a written decision advising the applicant why the permit was denied. The written decision shall be mailed to the applicant via U.S. Mail at the address contained on the application. The written decision shall be postmarked no later than three (3) business days subsequent to the expiration of the seventy-two (72) hour review period or the oral advisement of a denial of a permit, whichever is later.
(i) A denial of a permit may be appealed in the manner provided in §3-12-17 of this Chapter.
(j) A record of all permits issued and denied pursuant to this Chapter shall be maintained by the Chief of Police for a period of two (2) years.
3-12-6: PERMIT DENIAL: The Chief of Police may refuse to issue a permit for any of the following reasons:
(a) The location and time of solicitation or peddling, referenced on the application, is otherwise prohibited by this Chapter;
(b) An investigation reveals that the applicant falsified information on the application;
(c) The applicant has been convicted or pleaded guilty to a felony or misdemeanor involving a sex offense, trafficking in controlled substances, crimes of dishonesty (e.g. theft, fraud, deceit, misrepresentation, etc.), or any violent acts against persons or property, within the five (5) years preceding the date of application;
(d) The applicant’s failure to provide proof of authority to act on behalf of an employer or principal; or
(e) The applicant’s denial of a permit issued under this Chapter within the immediate past year, unless the applicant can and does show that the basis for the previous denial no longer exists;
The Chief of Police’s denial and the reasons for such disapproval shall be noted on the application.
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3-12-15: PERMIT SUSPENSION AND REVOCATION:
(a) Any permit issued under this Chapter may be suspended or revoked by the Chief of Police after notice and a hearing for any basis identified in §3-12-16 of this Chapter. Notice and a hearing prior to a suspension or revocation shall not be given if Chief of Police determines that an immediate suspension or revocation is necessary. In such cases, a post-deprivation hearing will be provided.
(b) The Chief of Police shall provide notice to the permittee via U.S. Mail setting forth the time and place of the hearing. The notice shall consist of the charges for which the permit’s suspension or revocation is being considered. The notice shall contain the date(s) on which any charge is alleged to have occurred along with the name(s) of any witness(es) that will testify at the hearing. Any written or tangible evidence of the occurrence shall be identified in the notice.
(c) A hearing pursuant to this section shall occur no earlier than seven (7) days nor later than fourteen (14) days from the date the notice of hearing is postmarked.
(d) The permittee shall be responsible for obtaining a court reporter in order to preserve the record for appeal.
(e) After the hearing, the Chief of Police shall orally advise the permittee of his/her decision to suspend or revoke a permit under this Chapter. After the decision has been orally related to the permittee, the Chief of Police shall issue a written decision setting forth his/her decision and the basis for the ruling. The written decision shall be mailed to the permittee via U.S. Mail at the address contained in the application. The written decision shall be postmarked no later than three (3) business days subsequent to the hearing.
3-12-16: BASIS FOR SUSPENSION OR REVOCATION: Any permit may be suspended or revoked for the following reasons:
(a) Fraud, misrepresentation or false statement contained in an application;
(b) Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities;
(c) Conducting peddling or solicitation activities contrary to the provisions contained in the permit or this Chapter;
(d) A conviction of any crime which would otherwise be a basis for denying a permit application; or
(e) Conducting peddling or solicitation activities in such a manner so as to create a public nuisance, constitute a breach of the peace, or endanger the health, safety or welfare of the public.
3-12-17: APPEALS:
(a) Any person aggrieved by the action or decision of the Chief of Police to deny, suspend or revoke a permit shall have the right to appeal such action to the Corporate Authorities within fourteen (14) days from the date on which the Chief of Police’s decision has been mailed to the applicant/permittee. This date shall be determined by the date on which the written decision was postmarked. In the event the Chief of Police fails to issue a written decision, the appellant shall have seventeen days (17) from the date on which he/she was orally informed of the Chief of Police’s decision to deny, suspend or revoke a permit to appeal that decision.
(b) An appeal shall be perfected by filing a written statement with the Chief of Police setting forth the grounds for the appeal. If a written decision was provided to the appellant from the Chief of Police, a copy of that decision shall be attached to the appellant’s written statement. After the receipt of said appeal, the Chief of Police shall schedule the appeal for the next regularly scheduled meeting of the Corporate Authorities. Provided, however, if said appeal is received within ninety-six (96) hours of a regularly scheduled meeting, said appeal shall be heard at the following regularly scheduled meeting.
(c) A hearing shall be set no later than thirty (30) days from the date on which an appeal is received.
(d) Notice of the time and place of the appeal hearing shall be given to the appellant via U.S. Mail at the address provided on the person’s application.
(e) An appellant shall be given notice of the hearing at least seventy-two (72) hours before the hearing.
(f) A decision to affirm or reverse the decision of the Chief of Police concerning the suspension or revocation of a permit shall be limited to the record generated at the hearing in front of the Chief of Police.
(g) The decision of the corporate authorities of the Village shall be final and binding on all parties concerned.
(h) A decision to affirm or reverse a decision of the Chief of Police shall be made by a majority vote of the Corporate Authorities present at the meeting.
3-12-18: CLAIMS OF EXEMPTION: Any person claiming to be legally exempt from the application of this Chapter shall cite to the Chief of Police the legal authority under which the exemption is claimed and shall present to the Chief of Police proof of qualification for such exemption.
Section 2
If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 3
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed insofar as they conflict herewith.
Section 4
This ordinance shall be in full force and effect after passage and approval as provided by law.
PASSED by the Board of Trustees of the Village of Manteno, Illinois and deposited in the office of the Village Clerk this 3
rd
day of January, 2023.
DEPOSITED with the Village Clerk this
3
rd
day of January, 2023.
____________________________________
ROBIN BATKA, Village Clerk
APPROVED by me this 3
rd
day of January, 2023.
_____________________________________
TIMOTHY O. NUGENT, Village President