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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSER or SOLICITOR. Any individual, whether a resident of the village or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street taking, or attempting to take, polls, surveys, orders, sales, or subscriptions for goods, wares, merchandise, including magazines, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries, or exposes for sale, a sample of the subject of the sale or whether he or she is collecting advance payment for the sales or not. This definition shall include any person who for himself, herself, or another person hires, leases, uses, or occupies any building, structure, tent, railroad car, boat, hotel room, lodging house, apartment house, shop, or any other place within the village for the sole purpose of exhibiting samples and taking orders for future delivery.
CHARITABLE ORGANIZATION. Any patriotic, philanthropic, social service, welfare, athletic, political, benevolent, education, civic, or fraternal organization which was organized and exists as a not for profit entity.
ITINERANT MERCHANTS and TRANSIENT VENDORS. All persons, principals, agents, or employees who engage in a temporary or transient business in the village, either in one locality or traveling from place to place within the village to sell goods, wares, and merchandise, whether or not the persons, for the purpose of carrying on the business, hire, lease, or occupy any building or structure, room, place, space, vacant lot, railroad boxcar, boat, vessel, or vehicle of any kind for the exhibition and sale of goods, wares, and merchandise. The terms shall also include all persons, principals, agents, or employees who transiently or temporarily engage in the business of assembling and trucking or assembling and transporting in any manner whatsoever any goods, wares, or merchandise for the purpose of selling and delivering the same in wholesale lots or quantities and at wholesale prices to any retail dealer. However, this does not apply to any person selling goods, wares, or merchandise which are raised, produced, or manufactured by him or her, to any person selling vegetables, fruit, or perishable farm products at an established city or village market, to any person operating a store or refreshment stand at a resort, to any person operating a stand or booth on or adjacent to property owned by him or her or upon which he or she resides, to any person operating a stand or booth at a state or county fair, any school sponsored event, any event approved by the village, or to any person operating a stand or booth at a trade show, exposition, convention, or similar event.
LICENSEE. Any permit or license holder under this chapter.
PEDDLER. Any person, whether a resident of the village or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, house to house, or street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden trucks, farm products, or provisions, and offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and further provided that one who solicits orders and as a separate transaction makes delivery to purchasers as a part of the scheme or design to evade the provisions of this chapter shall be deemed a PEDDLER subject to the provisions of this chapter. The word PEDDLER shall include the words HAWKER and HUCKSTER.
TAG DAYS. A day or days upon which a charitable organization may solicit contributions in the village at locations other than on public ways by means of distributing emblems, flowers, edible items, or tags to persons who make a contribution to the charitable organization.
TEMPORARY or TRANSIENT. Any business transacted or conducted for which definite arrangements have not been made to remain in the village conducting and transacting the business for at least 30 consecutive days.
(Ord. 08-26, passed 3-23-09)
(A) License. No person shall engage in, operate, or conduct the business of a peddler, itinerant merchant, canvasser, solicitor, or transient vendor or merchant in the village without first obtaining a license.
(B) License fee; determination; combination license fee. The non-refundable fee for a license required by this chapter shall be a sum equivalent to $50 for the first person licensed, and $35 for each additional person licensed, provided, however, that no fee shall be charged to a charitable organization. Fee is payable at time of application.
(C) Term of license. Each license shall be valid for a term of three consecutive days provided however that a license(s) may be granted to solicit for television, internet, phone and related services for up to three consecutive periods of 30 consecutive days each, each 30-day period to require and constitute a separate license. Except as provided above, no more than one license shall be issued to any individual per calendar year. No business entity shall conduct activity under this chapter more than once per year. Charitable organizations are not limited to one event per year.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-13, passed 9-14-15) Penalty, see § 117.99
Applicants for a license required by this chapter must file with the Village Clerk a sworn written application on forms to be furnished by the Village Clerk, which shall give the following information.
(A) The name, physical description, and social security number of the applicant.
(B) The permanent and local address of the applicant.
(C) A brief description of the nature of the business or activity, and a description of the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant.
(D) If the applicant is employed, the name and address of his or her employer, together with credentials establishing the exact relationship; and if the employer is a corporation, the name and address of the local registered agent and the employee’s immediate supervisor.
(E) The three consecutive dates or 30 consecutive days for which the right to do business is desired (must be at least ten business days from date of application).
(F) If a vehicle is to be used, a description of the vehicle, including make, model and year, together with the current license number.
(G) A photograph of the applicant taken within 120 days immediately prior to the date of filing of the application; the picture shall be at least two inches square showing the head and shoulders of the applicant in a clear and distinguishing manner.
(H) The fingerprints of the applicant.
(I) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance; the nature of the offense and the punishment or penalty assessed therefor.
(J) Any other available evidence as to the good character and business responsibility as will enable an investigator to properly evaluate the applicant’s character and business responsibility.
(K) Such additional information as the Chief of Police may deem necessary to process the application.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-13, passed 9-14-15)
(A) Upon receipt of the application required by this chapter, the original shall be referred to the Chief of Police who shall cause an investigation of the applicant’s business and moral character to be made.
(B) If the investigation reveals the applicant’s character or business responsibility to be unsatisfactory, the Chief of Police shall endorse on the application his or her disapproval and his or her reasons, returning the application to the Village Clerk, who shall notify the applicant that the application is disapproved and that no license will be issued.
(C) If the investigation reveals the character and business responsibility of the applicant to be satisfactory and the Chief of Police so notes on the application or, if the Chief of Police fails to make a return of the application within ten business days, the Village Clerk shall, upon payment of the prescribed license fee, deliver to the applicant the license applied for in this chapter.
(Ord. 08-26, passed 3-23-09)
(A) Each licensee under this chapter shall be issued and shall wear conspicuously the license card issued by the Village Clerk.
(B) Licensees are required to exhibit their license card at all times when working.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
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