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The purposes of the provisions of this subchapter governing highway solicitors and vendors are as follows:
(A) To assure that the public rights-of-way are preserved for their primary and intended use by vehicular and pedestrian traffic; and
(B) To protect the public health, safety and welfare of the public by reasonable regulation of solicitation and vending activities in the public rights-of-way.
(Ord. 02-36, passed 10-22-02)
(A) Permit required. It shall be unlawful for any person to engage in the act of highway solicitation in the city without a permit. Permits for highway solicitors shall be issued only if the following criteria are met:
(1) The solicitation can take place without endangering the safety of the solicitor or any motorist, as determined by the chief of police, provided that the solicitation shall not be permitted if it unreasonably disrupts the orderly flow of vehicular traffic, or interferes with the operation of official traffic control devices;
(2) The solicitation is proposed for a location at which all traffic is required to come to a full stop;
(3) The soliciting agency is:
(a) Registered with the Attorney General as a charitable organization, as provided in "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor", approved July 26, 1963, as amended (ILCS Ch. 225, Act 460, §§ 1 et seq.);
(b) Engaged in a statewide fund raising activity;
(c) Liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of any highway solicitor for the organization; and
(4) Each solicitor is 16 years of age or more and wears a high visibility vest.
(B) Application. Application for a highway solicitation permit shall be made at the office of the police department. Such application shall be made in writing on a form provided by the city, and shall contain the following information, along with any other information required by the chief of police in his reasonable discretion:
(1) The name, address and telephone number of the organization;
(2) Then name, address and telephone number of a local representative of the organization, or of the person making the application;
(3) Proof that the organization is registered as a charitable organization with the Attorney General;
(4) A statement of the nature and scope of the statewide fundraising activity in which the local solicitation proposes to participate;
(5) A certificate of insurance issued by an insurance company authorized to do business in Illinois, showing that the organization is insured against any claims for property damage or personal injury, including death, which is causally related to any act of ordinary negligence by a highway solicitor acting on behalf of the organization. Such certificate shall name the city as an additional insured, and shall provide that the policy may not be cancelled prior to its expiration date without 30 days prior written notice to the city.
(6) The proposed location or locations at which approval to engage in solicitation is being sought;
(7) The days and times of days at which such solicitation is proposed to take place; and
(8) The number of persons proposed to solicit at each location.
(C) Approval. The Chief of Police or a designee shall issue a permit for highway solicitation if the applicant has complied with all of the provisions of state law and this subchapter regarding such solicitation, and if the Chief of Police finds that the locations, times and duration of the proposed highway solicitation and the number of proposed highway solicitors will not result in any unreasonable disruption of the orderly flow of vehicular traffic, or any interference with the operation of official traffic control devices.
(D) Fee. The fee for a permit to engage in highway solicitation shall be $25 per day.
(Ord. 02-36, passed 10-22-02) Penalty, see § 112.21
(A) Permit required. It shall be unlawful for any person to act as a vendor in the city without first obtaining a permit. A vendor's permit shall only be issued if the following criteria are met:
(1) The vendor's proposed stand, if any, shall not exceed ten feet in width, ten feet in length, and eight feet in height;
(2) The equipment used in vending food and beverages shall have a valid permit from the DuPage County Health Department;
(3) The proposed location for the vendor's sales must be in the B-2 through B-5 zoning districts, areas in the M-U zoning district that are used for commercial purposes, or in a public park located in an R-1 through R-3 zoning district during an event sponsored by the city or a park district, and, except for events as specified in a public park, shall not be within 500 feet of the grounds of any elementary or secondary school, of within 500 feet of any church while church is in session;
(4) The proposed time for the vendor's sales shall be within the hours of 8:00 a.m. and sundown as defined by the National Weather Bureau on any day; and
(5) The vendor shall be liable for any claims of property damage or bodily injury, including death, which may arise from operations under or in connection with the license.
(B) Application. Application for a vendor's permit shall be made at the office of the police department. Such application shall be made in writing on a form provided by the city, and shall contain the following information, along with any other information required by the Chief of Police, in his reasonable discretion:
(1) The name, home and business addresses of the applicant, and the name and address of the owner, if any other than the applicant;
(2) A description of the type of food, beverage or merchandise to be sold;
(3) A description of the location where the vendor proposes to conduct its business;
(4) A statement of the proposed time during which the vendor proposes to conduct its business;
(5) A diagram depicting the exact size of any stand to be used by the vendor in the conduct of its business;
(6) A copy of a valid permit from the DuPage County Health Department for any equipment used in selling food and beverages; and
(7) A certificate of insurance, issued by an insurance company authorized to do business in Illinois, showing that the permittee is insured against claims for property damage or personal injury, including death, which may arise from the operations of the vendor under or in connection with the permitted activities. Such insurance certificate shall name the city as an additional insured, and shall provide that the policy may not be cancelled prior to the expiration date without 30 days prior written notice to the city.
(C) Issuance or denial. The Police Chief shall notify the applicant of the decision concerning issuance of denial of the permit within 30 days after the filing of a completed application for a vendor's permit. The Police Chief shall consider the standards set forth in this subchapter in determining whether to issue a permit. If the permit is issued, it shall state the approved location from which the vendor may conduct its business and the approved times of day for the conduct of its business, and shall identify the approved stand and items to be sold. If the permit is denied, the applicant shall be provided with a statement of the reasons for such denial. A permit maybe denied for fraud or misrepresentation on the application .submitted for the vendor's permit, and for any other reasonable cause in the discretion of the chief of police, including but not limited to the chief's determination that the location or times proposed will unreasonably impede the flow of pedestrian or vehicular traffic.
(D) Fee. The fee for a vendor''s permit shall be $25 per day.
(E) Term and renewal. A vendor's permit shall be valid for a period of 30 days, subject to one period of renewal if the vendor applies for such renewal no less than ten days before its expiration, and if the vendor has not violated any provisions of this subchapter governing vendors and is still qualified for such a permit; provided that no more than two vendor's permits shall be issued to any individual, business or group within a calendar year.
(Ord. 02-36, passed 10-22-02; Am. Ord. 06-35, passed 12-12-06)
No vendor shall violate any of the following restrictions on the conduct of its business:
(A) The business shall be conducted only in the location and at the times specified in the permit issued to the vendor;
(B) The size of the vendor's stand shall comply with the diagram submitted with the application and with the restrictions established in §112.18(A) (1) of this subchapter;
(C) The vendor's permit and the permit from the DuPage County Health Department for any equipment used in selling food and beverages shall be displayed at all times during the conduct of its business;
(D) No advertising shall be permitted on any stand, except for the posting of the vendor's prices, the name of the product sold, and the name of the vendor.
(E) The vendor's stand shall not be left unattended at any time.
(F) No food or beverages shall be sold for immediate consumption unless the vendor has a litter receptacle available for the use of patrons;
(G) The vendor shall not leave the location in which its business is conducted on any day without first cleaning the area and removing and. disposing of all trash or refuse remaining in the area from its sales;
(H) All items relating to the conduct of the vendor's business shall be in, on or under the vendor's stand;
(I) The vendor shall not set up, maintain or permit the use of any table, crate, carton, rack or any other device to increase its sales or the display capacity of the vendor's stand unless such devices were identified and described in the application and approved in the permit issued;
(J) No vendor shall solicit or conduct business with persons in motor vehicles;
(K) No vendor shall sell anything not identified in the application submitted and the permit issued;
(L) No sound devices shall be used to produce any noise to attract the attention of the public, including but not limited to any loud speaker, public address system, radio, sound amplifier or similar device;
(M) No vendor shall conduct its business without the insurance coverage specified in the insurance certificate submitted with the application; and
(N) No vendor shall conduct its business from a stand on the public sidewalk that is allowed to lean against or hang from any building or other structure that is lawfully placed on public property without the permission of the owner of the building or structure, or from a stand that is located within five feet of an entranceway to a building not owned by the vendor, within 50 feet of any driveway entrance to a police or fire station or within ten feet of any other driveway, or within 50 feet of a crosswalk at any intersection.
(Ord. 02-36, passed 10-22-02) Penalty, see § 112.21
A vendor's permit may be suspended or revoked if the Chief of Police finds any of the following causes:
(A) Fraud or misrepresentation on the application submitted for the permit;
(B) Fraud or misrepresentation made in the course of carrying on the vendor's business;
(C) Conduct of the vendor's business in a manner that creates a public nuisance or constitutes a danger to the public health, safety, morals and welfare; or
(D) Violation of any restriction on the vendor's business as set forth in this subchapter.
(Ord. 02-36, passed 10-22-02) Penalty, see § 112.21
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