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Commercial solicitors intending to sell or offer for sale goods or services through door-to-door solicitation in any residential area of the village shall be required to register in advance with the village through the Police Department. Each organization, business entity, groups of individuals, or individuals will be issued a permit upon appropriate application to the village so long as such organization, business entity, group of individuals or individuals meet the requirements of this chapter for appropriate registration and authorization to conduct the solicitation within the community.
(Ord. O-17-15, passed 7-22-2015) Penalty, see § 113.99
Applicants for permits under this chapter shall file with the Chief of Police or his or her designated clerk, in writing, in duplicate, on an application containing the following information:
(A) Name of applicant and all agents of the applicant who will offer or sell goods or services within the village;
(B) Permanent home address and/or business address of the applicant who will offer for sale or solicit sales of goods or services within the village;
(C) A brief description of the nature of the business or organization offering such goods or services to be sold and a brief description of the goods or services to be sold;
(D) The length of time during which the right to do business or the right to solicit sales within the community is desired; provided, however, that this right may not exceed a period of six months. This shall not restrict a commercial solicitor from selling or soliciting for sale for a period of 12 months throughout the community, but the commercial solicitor must renew such permit after its six month expiration with such renewal being similar to the procedure for the issuance of a new permit;
(E) Photographic identification of the applicant and photographic identification of all agents of the applicant who will be selling or soliciting for sales within the village; and
(F) A statement as to whether or not the applicant, or any agent of the applicant who will be selling or soliciting for sales within the village, has been convicted of any crime or misdemeanor, the nature of the offense, and the punishment or penalty assessed for such violation. The application shall acknowledge that the Chief of Police shall access and review the applicant’s and any agent of the applicant’s criminal record. An administrative fee in the amount of $50 shall be paid to offset the expense of this review.
(Ord. O-17-15, passed 7-22-2015)
(A) Upon receipt of the completed application for a commercial solicitation permit by the Chief of Police, the Chief of Police shall cause an investigation of the applicant’s or applicant’s agents business and moral character to be made as the Chief may deem necessary for the protection of the public good. This review shall be completed by the Chief of Police within three business days. If the investigation is not completed within that period of time the applicant may deem the application to be denied and the applicant may appeal the deemed denial similar to an appeal as set forth in § 113.06.
(B) If the Chief of Police’s review of the application determines that any applicant or agent of the applicant has been convicted of a crime of moral turpitude, any crime of violence which may present a danger to the public, any sex offense crime or drug offense, the application or the right of any agent of the applicant to solicit in the community maybe denied. If such application is denied, the Chief of Police shall endorse such denial upon the application and state the reasons for the same and then return the application to the applicant with a copy to the Village Mayor. The application shall be returned either in person or by ordinary mail directed to the applicant’s address as listed on the original application.
(Ord. O-17-15, passed 7-22-2015)
(A) If an application has been denied as stated herein, the applicant may file such appeal within ten calendar days after written notice of such denial has been either delivered to the applicant or mailed to the applicant by ordinary mail to the applicant’s last known address. Such appeal shall be brought to the Village Mayor by filing a copy with the office of the Village Mayor and a copy with the Chief of Police.
(B) The Village Mayor or his or her designee shall then hold a public hearing upon such appeal at which the Chief of Police or his or her designee shall present the appropriate evidence to the Village Mayor upon which the application was denied. The applicant may be present at the public hearing and may present evidence to refute the findings of the Chief of Police. Upon hearing all evidence, the Village Mayor may either affirm, modify or, for good cause shown, overrule the decision of the Chief of Police. The decision of the Village Mayor shall be rendered within ten days of the conclusion of the public hearing. Such decision shall be made in writing and presented personally to the applicant or mailed by ordinary mail to the applicant at the last known address provided in the application. The decision by the Village Mayor may be appealed as an administrative decision according to state law.
(Ord. O-17-15, passed 7-22-2015)
(A) If as a result of the investigation the Chief of Police approves the permit, the Chief shall endorse such approval upon the commercial solicitation permit application. Each application shall then be assigned an appropriate permit number and a copy of the approved application shall be returned to the applicant. The applicant must at all times carry a copy of such approved permit and appropriate photo identification upon his or her person when soliciting for sales within the village. A copy of the approved application shall be provided to all agents of the applicant who have been identified to solicit sales within the community, all of whom shall carry a copy of the permit and appropriate identification upon his or her person when soliciting sales within the village.
(B) In addition to any criminal offense for a violation of this section, the approved permit granted to such applicant or the applicant’s agent may immediately be suspended for failure to comply with this section. Any such suspension may be appealed by the permittee under the same procedure for application appeals as set forth in § 113.06.
(Ord. O-17-15, passed 7-22-2015)
(A) Commercial solicitation permits issued under the provisions of this chapter may be revoked by the Chief of Police after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the application for a permit;
(2) Fraud, misrepresentation, or false statement made in the course of carrying on the business of the commercial solicitor;
(3) Any violation of this chapter;
(4) Conviction of any crime or misdemeanor involving any crime of violence which may present a danger to the public or any sex offense crime, crime of moral turpitude, or drug offense; or
(5) Conducting the business of the commercial solicitor in an unlawful manner or in such a manner as to constitute a breach of peace or a menace to the health, safety, or general welfare of the public.
(B) An issued permit will be immediately suspended upon the issuance of a notice of hearing by the Chief of Police, under this section, and will remain suspended pending a decision to reinstate the permit by the Village Mayor.
(C) Notice of the hearing for revocation of permits shall be given in writing setting forth specifically the grounds for such revocation and the time and place of the hearing. The notice shall be delivered personally to the permit holder or mailed to the permittee at his or her last known address at least five business days prior to the date set for the hearing. Such hearing shall be held within ten business days of the notice of revocation unless extended by agreement with the permit holder.
(D) Such hearing shall be conducted by the Village Mayor, or his or her designee, as a public hearing. The Village Mayor, upon reviewing the evidence presented, may uphold the decision of the Chief of Police to revoke the commercial solicitation permit, may modify the decision or may overrule the decision of the Chief of Police. The Village Mayor’s decision shall be rendered within ten calendar days of the hearing and shall be rendered in writing with a copy mailed, postage prepaid, to the permittee at his or her last known address. Pending a review by the Village Mayor, the commercial solicitation permit shall be temporarily suspended. If the Village Mayor fails to render a decision within ten calendar days after the hearing, then a decision of the Chief of Police shall be deemed to be overruled and the permit reinstated.
(Ord. O-17-15, passed 7-22-2015)
Any resident or business within the community may file a notice of no solicitation with the Police Department and post a no solicitation sign conspicuously on the property to bar entry to the property from any commercial or noncommercial solicitors or canvassers. The notice shall be on a form provided by the Police Department and the sign shall be a weatherproof sign, a minimum of three inches by four inches in size, stating no solicitors or words of similar meaning. The maximum size for any such sign shall be one square foot. The letters on such sign shall be at least one-third inch in height. No commercial or noncommercial solicitors or canvassers shall enter upon such residential or business property where such sign has been posted and where such notice has been filed with the Police Department.
(Ord. O-17-15, passed 7-22-2015) Penalty, see § 113.99
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