(A) Definitions.
ITINERANT VENDOR. Any person within the City who transports (by vehicle, on foot, or similar means) tangible personal property for retail sale or who solicits retail orders or sales for future delivery of tangible personal property or who solicits (from a vehicle, on foot, or similar means) orders or commitments for sale of services, whether for future delivery or not, and who does not maintain in the City an established office, distribution house, sales house, warehouse, service center, or lawful fixed location from which such business is conducted. However, this Ordinance does not apply to any person who delivers tangible personal property within the City who is fulfilling an order for such property which was solicited or placed by mail, the internet, or other similar means. Moreover, the term ITINERANT VENDOR shall not include a person who makes sales of tangible personal property within the City during each week during the calendar year or a person who makes sales of tangible personal property within the City not less than five days of each week during a consecutive 120-day period.
PERSON. An individual, corporation, partnership, trust, firm, association, or other entity; except that PERSON shall not include a person soliciting as or on behalf of a tax exempt, not for profit, charitable, religious, educational, or similar organization approved as a Qualified Charitable Organization under § 501(c)(3) of the U.S. Internal Revenue Code or a person soliciting as or on behalf of a similar bona fide organization or for a bona fide similar purpose.
TRANSIENT MERCHANT. Any person who is engaged temporarily in the retail sale of tangible personal property or in the solicitation of retail orders or sales for future delivery of tangible personal property or in the solicitation of orders or commitments for sale of services, whether for future delivery or not, within the City and who, for the purpose of conducting such business, occupies any building, room, structure of any kind or vacant lot. It shall be prima facie evidence that a person is a transient merchant under this Ordinance if the person does not transact business from a fixed location or if the person does not own or lease for a term of at least six months the property from which business is conducted. However, this Ordinance does not apply to any person selling products, goods or merchandise, which are raised, produced, or manufactured by him upon property owned by him or upon property on which he resides, although said sales must comply with all applicable laws, including zoning regulations. This Ordinance also does not apply to a person conducting a sale of used property owned by him, commonly known as a garage, yard, rummage or moving sale, upon property owned by him or upon property on which he resides, if the duration of the sale is not more than three consecutive days and if no such sale is held more than two separate occasions in any calendar year, although said sale must comply with all applicable laws, including zoning regulations; conducting a sale on more than two separate occasions in any calendar year shall constitute a commercial or business activity. The term TRANSIENT MERCHANT shall not include persons who are leasing floor space within a commercially zoned building or other retail space at a mall or shopping center for a period of more than 30 days but less than 120 days.
(B) It is a violation of this Ordinance for any person, either as principal or agent, to conduct business as a transient merchant or itinerant vendor within the City without each person, or if sales are made by an agent, without each agent, first having obtained a license under this Ordinance and without complying with the Retailers’ Occupation Tax Act (35 ILCS 120/) as may be required, including obtaining a Certificate of Registration and collecting tax. The license obtained from the City under this Ordinance shall be prominently displayed and visible at all times when selling or when soliciting orders for tangible personal property and shall be presented to each customer or solicitee, prior to any solicitation, for review when soliciting orders or commitments for sale of services. Each license shall be returned to the office of the City Clerk upon expiration of the license or upon the transient merchant or itinerant vendor ceasing sales or solicitations, whichever occurs first. Each license issued herein shall state in prominent and visible language the following: The holder of this License is not affiliated with nor endorsed by the City of Mt. Vernon, Illinois.
(C) (1) Any person who wishes to obtain a license as a transient merchant or itinerant vendor shall file a written license application with the City Clerk. The license application shall be under oath or certified under penalties of perjury, and shall include the applicant’s name, telephone number, email address, permanent business address (which must include a street address), residence address of the principal (and if the applicant is a corporation, the residence addresses of its officers), the location(s) at which the applicant intends to do business, the nature of the business the applicant intends to conduct, a copy of the applicant’s Certificate of Registration under the Retailers’ Occupation Tax Act, a copy of the applicant’s driver’s license or other photo identification or photo, a complete inventory of the goods the applicant intends to offer for sale, a complete list and description of the service or services the applicant intends to offer for sale, a list of all licenses to conduct business as a transient merchant or an itinerant vendor obtained by the applicant in the City of Mt. Vernon in the 12 months preceding the date of filing of the application, and copies of any license issued by the State of Illinois held by the applicant related to the goods or services subject of the application. In addition, the applicant shall provide a copy of a written lease or other written evidence from the owner of the location where the applicant proposes to sell indicating permission of the owner to use the location. An applicant for an Itinerant Vendor license shall also provide certificates of insurance or other satisfactory proof of motor vehicle and liability insurance as required within Section (F)(20) herein.
(2) Prior to issuance of the license, each applicant shall file with the City Clerk a cash deposit in the amount of One Thousand Dollars ($1,000.00), unless waived by the City Clerk in accordance with this Ordinance. The City Clerk shall waive the cash deposit requirement unless, within the 12-month period preceding the application, there has been filed with the City Clerk either a certified copy of a Court Judgment against the applicant or three written complaints from consumers or other persons describing a loss or damage as the result of the purchase of merchandise or services from the applicant or as the result of the negligent or intentionally tortious act of the applicant or as the result of conducting business or making sales or providing services within the City as transient merchant or itinerant vendor without a license. The City Clerk shall hold the cash deposit for two years for the benefit of any person who suffers loss or damage as the result of the purchase of merchandise from said person licensed under this Ordinance or as the result of the negligent or intentionally tortious act of the person licensed under this Ordinance. The City Clerk shall pay any portion of the cash deposit to any person in accordance with a Judgment or other Order of the Jefferson County, Illinois Circuit Court without making an independent finding as to the amount of the cash deposit that is payable to that person; any balance of the cash deposit held by the City Clerk two years after the expiration of a license of a person under this Ordinance shall be refunded by certified mail to the person; provided, however, that if the person shall fail to keep the City Clerk informed of a current mailing address that said bond shall be forfeited to the City after one attempt by the City Clerk to refund the bond by certified mail.
(3) Except as hereinafter provided, each transient merchant or itinerant vendor shall pay a licensing fee at the rate of $25.00 per day or $200.00 for a 30 day period, payable prior to issuing of the license, which license shall state the specific dates (month, day, and year) that the license is valid; provided that for any transient merchant or itinerant vendor for which the City Clerk initially, or the City Manager upon appeal, reasonably determines has been identified to be operating within the City without a current valid license during any part of a 12 month period prior to date of application, the application fee shall be double the stated amount.
(D) If any person makes retail sales or makes solicitations as a transient merchant or itinerant vendor without having obtained a license under this ordinance, the Mt. Vernon Police Department, as the direction of the City Manager, may hold the inventory, vehicle, or other personal property of the person until he obtains a license to conduct business as a transient merchant or itinerant vendor. If the property has been held by the City of Mt. Vernon for more than 60 days and the person whose property is being held has not obtained a license under this Ordinance, the City may petition the Circuit Court of Jefferson County, Illinois for an Order for the sale of the property being held. If the Court finds that the person whose property is held has not obtained a license under this Ordinance, the Court may order and authorize the City to sell the property. The proceeds of the sale of the property less reimbursement to the City of the reasonable expenses for the storage and sale of the property and less any fine imposed for violation of this Ordinance shall be deposited in the General Corporate Fund of the City.
(E) (1) No itinerant vendor entering onto any premises in the City upon which a residence is located shall use or attempt to use any entrance other than the front or main entrance to the residence. Every itinerant vendor upon going onto any premises in the City upon which a residence is located shall first look for the Notice provided for in this Ordinance and examine the Notice, if any is attached, and said itinerant vendor shall be governed by the statement contained in the Notice. If the Notice is present, then the itinerant vendor shall immediately and peacefully depart from the premises. In addition, any itinerant vendor who has gained entry to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. Failure to comply with a Notice or other request shall constitute a trespass and also a violation of this Ordinance.
(2) Notice by the occupant of a residence restricting solicitation by an itinerant vendor shall be given in the manner following: a card or sign shall be exhibited upon or near the main entrance door to the residence indicating either “NO SOLICITORS” or “NO SOLICITING” or similar message; the letters shall be at least one inch in height.
(3) No itinerant vendor shall go upon any premises upon which a residence is located and ring the doorbell, or knock upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof to solicit sales or orders, in defiance of the Notice exhibited at the residence in accordance with the provisions of this Ordinance.
(4) No itinerant vendor shall go upon any premises in the City upon which a residence is located and ring the doorbell, or knock upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant to solicit sales or orders prior to 9:00 a.m. or after sunset or 6:00 p.m. whichever is earlier, nor on any Sunday or any State of Illinois holiday.
(F) No itinerant vendor shall stop, stand, or park and make or solicit sales or orders at any location except in compliance with the following requirements:
(1) No itinerant vendor shall stop, stand, or park and make or solicit sales or orders within the public right-of-way, including without limitation, upon streets, alleys, and sidewalks, except areas where parking is authorized by the provisions of Title VII of the Revised Code of Ordinances.
(2) No itinerant vendor shall occupy more than one parking space.
(3) No itinerant vendor shall stop, stand, or park and make or solicit sales or orders upon any City property, upon any property owned by another public entity, or upon private property except as may be specifically allowed in writing by the City, by the other public entity, or by the private owner; which written permission must be on the person of the itinerant vendor and displayed to the City and its agents immediately upon request.
(4) No itinerant vendor shall stop, stand, or park and make or solicit sales or orders upon any vacant parcel. For purposes of this section, a parcel is considered “vacant” unless it contains a building that may be occupied pursuant to applicable building codes.
(5) No itinerant vendor may locate or operate on the same or adjoining property or location more than two days per week.
(6) No itinerant vendor shall block fire lanes, designated traffic lanes or ingress or egress to or from a building or street.
(7) An itinerant vendor may operate each day beginning at 7:00 a.m. and ending at sunset, unless otherwise more restricted within the property owner’s permission.
(8) No tents, tables, chairs, or other displays (including A-frame signage) shall be placed at the vending location if the itinerant vendor is operating within the public right-of-way, except as permitted in conjunction with a street closure for a special event.
(9) Itinerant vendor vehicles must be kept in good mechanical and structural condition and must be licensed and equipped in accordance with the rules and regulations of all local, state and federal agencies having jurisdiction over such vehicles.
(10) Itinerant vendor vehicles shall only operate, stand, stop, or park in areas where same is legally permitted and itinerant vendor vehicles shall not operate, stop, stand or park in any area of the right-of-way that is intended for use by moving vehicular travel (i.e. roadway, travel lane), except in the event of a street closure for a special event.
(11) Itinerant vendor vehicles may not operate, stop, stand or park that in any way impedes the flow of traffic, that interferes with ingress or egress to or from any property or that presents an unsafe condition for patrons, pedestrians or other vehicles.
(12) The operator of an itinerant vendor vehicle shall not place the vehicle in reverse in order to make or attempt a sale.
(13) An itinerant vendor vehicle shall park facing the same direction as traffic at a distance of no more than 18 inches between the curb face or edge of pavement and with the service window of the vehicle facing the curb or edge or pavement. Customers may be served from the side of the itinerant vendor vehicle that is furthest from the area customarily used for motor vehicle travel.
(14) When an itinerant vendor vehicle is allowed to operate in the public right-of-way, no itinerant vendor vehicle shall be located within or make sales within 50 feet of an intersection, except as permitted in conjunction with a street closure for a special event.
(15) No itinerant vendor vehicle may operate in a location that is situated within 200 feet of another itinerant vendor vehicle or in a location that impedes the ingress to or egress from another business or otherwise causes undue interference with access to another business or in a location that blocks the lawfully placed signage of another business or that prevents access to another business by emergency vehicles.
(16) No sounds may be produced by an itinerant vendor vehicle or by the vendor which can be heard outside of the vehicle from 75 or more feet from the vehicle’s location.
(17) No itinerant vendor vehicle may use stakes, rods or any other method of support that must be drilled, driven or otherwise fixed into or onto asphalt, pavement, curbs, or buildings.
(18) The area of an itinerant vendor operation must be kept neat and orderly at all times. Operation of an itinerant vendor vehicle in an area is deemed acceptance by the operator of the responsibility for cleanliness of the area (not less than 50 feet from all parts of the vehicle) surrounding the operations regardless of the occurrence or source of any waste in the area.
(19) (a) Signage for each itinerant vendor vehicle shall be limited to signs on the exterior or interior of the vehicle and one A-frame sign unless prohibited by paragraph (F)(8) above. All signs on the exterior of the vehicle shall be secured and shall not project more than six inches from the vehicle.
(b) One A-frame sign (unless otherwise prohibited) may be placed outside the itinerant vendor vehicle, provided that the base of the sign must be placed no further than two feet beyond the itinerant vendor vehicle. The A-frame sign shall not exceed eight square feet per side with maximum height of 48 inches and shall not obstruct or impede pedestrian or vehicular traffic.
(20) Each itinerant vendor vehicle must maintain all motor vehicle insurance coverage required by applicable state and federal laws and regulations; and itinerant vendor must have and maintain liability insurance in a minimum sum of one million dollars ($1,000,000.00), issued by companies licensed to do business in the State of Illinois. The insurance certificate evidencing the coverage shall contain an agreement signed by the insurance company that, prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City by said insurance company.
(21) An itinerant vendor vehicle operating at a location for a duration of more than three hours must have a written agreement, available upon request by the City, that permits the operator and/or employees to have access to a flushable restroom no more than 200 feet of the vending location during all hours of operation.
(G) Each transient merchant immediately upon expiration of his license shall remove all temporary buildings and structures erected by him or by his benefit and each transient merchant or itinerant vendor shall at all times maintain the location at which he makes sales in a clean and neat condition. No transient merchant or itinerant vendor shall advertise, represent, or hold forth the sale of goods, wares, or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver, wholesale, manufacturer’s wholesale, closing-out sale, or any sale of goods damaged by fire, smoke, water, or otherwise, unless he shall as part of the description of his inventory in his application for license under oath state the facts supporting such description of such sale.
(I) (1) A person authorized and participating in an event, as recommended by the City Manager and as approved by the City Council, designated as a community-oriented event shall not be deemed to be a transient merchant or itinerant vendor during the event at the event site for purposes of this Ordinance.
(2) The Mt. Vernon Fall Festival, Cedarhurst Craft Fair, Mt. Vernon Farmer’s Market, Fourth of July Salute to Freedom, Festival’s Inc. Market Days, Paw Fest, Mt. Vernon Homebrewer’s Festival, Midwestern Herb and Garden Show, Southern Illinois Home and Outdoor Expo, Southern Illinois Steel Guitar Show, Midwest Light Aircraft Expo, Jefferson County Historical Village Heritage Festival, Mt. Vernon Knife Show, Ash Bash Music & Art Festival, United Way Food Truck Fest, Christmas Craft Fair, and Exotic Pet Expo are each designated within this Ordinance by the City Council as a community-oriented event; other events may be so designated by Resolution of the City Council.
(J) In addition to any suspension or revocation of a license or other remedy provided herein, any person who violates or omits or refuses to comply with this Ordinance shall upon conviction thereof be fined the sum of $500.00; a separate offense shall be deemed to have been committed on each day that a violation occurs. In addition, any person who violates or omits or refuses to comply with the provisions of this Ordinance may be enjoined as provided by law upon the filing of a petition therefor in the Circuit Court of Jefferson County, Illinois from engaging in any activity or conduct as a transient merchant or itinerant vendor within the City.
(Prior Code, Art. 11, § 11.7)