(A) Finding And Purpose: It is found and declared that:
1. The primary purpose of public streets and sidewalks, and walkways within shopping centers are for use by pedestrian traffic and/or motor vehicles.
2. Reasonable regulations of street and sidewalk sales, signage and display of merchandise is necessary to protect the public health, safety and welfare.
3. The regulations contained in this section do not prohibit free speech by religious organizations but merely regulate the activities of the organizations which are commercial in nature.
4. Under this section "sidewalk sale" includes, but is not limited to, sale of a product or service, or advertising or displaying a product or service on a sidewalk, walkway, street, parkway, public place in the village, including shopping centers.
(B) License Required:
1. It shall be unlawful to sell or offer for sale or to display or advertise any food, beverage or merchandise, product or service on any street, sidewalk, walkway, parkway or public place within the village (including within shopping centers) without first obtaining a license therefor.
2. Only businesses which are licensed in the village may obtain a license for a sidewalk sale and said sidewalk sale can only be held in the immediate sidewalk or walkway adjacent to their business.
3. Application for a sidewalk sale license must be filed a minimum of thirty (30) days prior to proposed sale and shall include the following:
(a) Name, home and business address of the applicant.
(b) A description of the type of food, beverage, product, service or merchandise to be sold, displayed or advertised.
(c) A description of the proposed location of the sidewalk sale, how it will be conducted, and who will be in charge of the sale for the business.
(d) Proof of insurance policy issued by an insurance company licensed to do business in the state of Illinois protecting the licensee and the village from all claims to damages for property and bodily injury which may result from the operation under or in the connection with the license. Such insurance shall name as an additional insured the village and its officials, employees or agents.
(e) Indicate if any food or beverage is going to be sold at the sale.
(f) The hours and days of the proposed sidewalk sale.
(g) The applicant shall supply the village with any other information required by the village after they have applied for the license.
(C) Issuance: No later than thirty (30) days after the filing of the completed application for a sidewalk sale license, the applicant shall be notified by the village clerk's office of the decision on the issuance or denial of the license. The village may place reasonable restrictions on any license they issue. The village clerk shall consider the standards set forth in this section and other village ordinances in determining whether to grant a license. If a license is approved, the clerk's office shall issue the license. If the license is denied, the applicant shall be provided with a statement of reasons therefor, which reasons shall be stated in writing. A license issued pursuant to this section is valid for a maximum period of three (3) consecutive days. The cost of the license shall be twenty five dollars ($25.00) per day, or three (3) consecutive days for fifty dollars ($50.00).
(D) Sidewalk Sales Prohibited In Certain Locations: Sidewalk sales as defined in subsection (A)4 of this section are prohibited with the following exceptions:
Sidewalk sales on village sidewalks or walkways, or within plazas or shopping centers, are permitted directly adjacent to the business in question after obtaining appropriate license.
(E) Prohibited Conduct:
1. No licensee shall conduct a sidewalk sale within twenty feet (20') of any crosswalk or intersection or within twenty feet (20') of any bus stop, sign or shelter.
2. Sidewalk sales shall only be allowed after nine o'clock (9:00) A.M. and until one-half (1/2) hour after sunset of each day that the license is valid.
3. No sidewalk sales are allowed from any streets and no sidewalk sales are allowed in any residential area. No sidewalk sales can be held from any type of motor vehicle.
4. All licensees must clean up after each day's sidewalk sale, and it is therefore prohibited to leave any location without first picking up, moving and disposing of all trash or refuse remaining from the sidewalk sales.
5. Sound systems are not allowed. Therefore, sound which produce a loud and raucous noise or use or operation of any loudspeaker, public address system, radio, sound amplifier or similar device to attract attention of the public is prohibited.
6. Vendors must not block the whole sidewalk and must leave room on sidewalk for pedestrians and wheelchairs to pass by in front of their business and to enter their business or any other businesses adjacent to where the sidewalk sale is taking place.
7. All signs must comply with the village sign ordinance 1 , including any signs which are temporary signs.
8. The licensee must comply with all restrictions of the sidewalk sale as set forth by the village in their permit.
9. The licensee must only sell goods or services which they are permitted to sell under their business license.
10. Display of merchandise or services on a walkway, sidewalk, parkway or public place without a license for a sidewalk sale is prohibited.
(F) Health And Sanitary Requirements For Food and Beverage Sales: Licensees of food and beverages shall comply with any inspection regulations set out by the village code and any special requirements set forth in the license.
(G) Safety Requirements: The sales must be conducted in a safe and proper manner by the licensee. No instruments which are sharp or hot or dangerous shall be accessible to purchasers or pedestrians in the area.
(H) Display Of License: All licensees shall display at all times during the operation of the sidewalk sale the license received from the village.
(I) Renewal: All licenses are valid only for the time set forth on the license that is issued, unless revoked or suspended prior to the expiration. A sidewalk sales license shall only be issued to a business two (2) times in a calendar year.
(J) Denial, Suspension, Revocation: Any license may be denied, suspended or revoked for any of the following causes:
1. Fraud or misrepresentation contained in the application for the license.
2. Fraud or misrepresentation made in the course of carrying on the sidewalk sale.
3. Conduct of the licensed business in such a manner as to create a public nuisance or to constitute a danger to the public health, safety and welfare.
4. Conduct which is contrary to the provisions of this section or any other village ordinances or state statutes.
(K) No License Required; Private Parking Lots: Nothing in this section will prevent a shopping center or a business with its own private parking lot for fifty (50) cars or more from holding a sale for their own business in a portion of their lot without a permit as long as it does not violate the spirit of this section or violate other village ordinances or state statutes. All said sales must be conducted in a safe manner, shall not be a public nuisance and all health and sanitary regulations are followed. They must leave enough parking space for their customers. (Ord. 1263, 7-22-1992)
(L) Penalty: Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed the penalty as provided in section 1-4-1 of this code or the maximum allowed by state statutes per day. Each day of the violation shall be considered a separate violation. (Ord. 1263, 7-22-1992; amd. Ord. 1362, 9-13-1995)
Notes
| 1 | 1. See title 11, chapter 14 of this code. |