For the purposes of this chapter, the words and terms defined in this section shall have the following meanings:
COMMERCIAL SOLICITOR: | Any person, whether a resident of the City or not, traveling from place to place, from house to house, from building to building, or from street to street, and selling goods or taking or attempting to take orders for sales of goods for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she is collecting advance payments on such sales or not. This chapter does not apply to students of educational institutions located within the City limits participating in fundraising events or charitable activities. |
FAIR: | A gathering for competition, or exhibition of various products, often with amusements and educational displays. Fairs do not include products for sale. Fairs do not require a license. |
FARMER'S MARKET: | A common facility or area where the primary purpose is for farmers to gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers. Farmers' Markets shall be conducted consistent with Kendall County Health Department regulations and in conformity with the rules and regulations of the Illinois Department of Public Health and the Illinois Farmers Market Food Safety Guide. |
FESTIVAL: | A collection of games, activities, sales booths, etc. |
FLEA MARKET: | Any location other than a permanent retail store at which space is rented or otherwise made available to others to conduct business as transient merchants, itinerant vendors, hawkers, peddlers or similar sales or transactions for a period of not more than seventy-two (72) consecutive hours. |
FUNDRAISING EVENT: | An event in which all proceeds are used to benefit a NONPROFIT ORGANIZATION as defined below. |
GROUP SALES EVENT: | A temporary event of three (3) or less consecutive days at a fixed location consisting of contiguous selling areas sponsored or arranged by a person, local unit of government or charitable or religious institution and which includes three (3) or more transient merchants. |
ITINERANT VENDORS: | Any person who transports tangible personal property for display or retail sale within the City who does not maintain in this City an established office, distribution house, in-sales office, warehouse, or service center from which said business is conducted. However, this chapter does not apply to any person who delivers personal tangible property within this City who is fulfilling an order for such property which was solicited or placed by mail or other means. |
NONPROFIT ORGANIZATION: | An organization which is legally chartered as nonprofit, and charitable or educational in nature. |
SPECIAL EVENT: | This chapter does not apply to permanently established businesses holding short duration (defined as 1 to 7 days) events on their premises or on other property within the City with the permission of the property owner. Such events could include tent sales, customer appreciation days, and similar events. |
TRANSIENT BUSINESS: | Any entity conducting business within the City of Plano which: a) does not intend to conduct business continuously for a twelve (12) month period (except for normal holiday and vacation closures), or b) does not conduct business in the City of Plano from a permanent building with street address, connected to public water and sewer services or private well and septic systems. Types of this business include, but are not limited to, itinerant vendors, transient merchants, commercial solicitors, group sales events, peddlers, door to door salesmen, canvassers, and hawkers. |
TRANSIENT MERCHANT: | Any person, who is engaged temporarily in the retail sale of goods, foodstuffs, wares or merchandise, either new or used, in the City and who, for the purpose of conducting such business, occupies any fixed location, including but not limited to: any non-permanent structure of any kind, vacant lot, or vehicle. Provided, however, this chapter shall not apply to any farmer, fruit and vine grower, and gardener who shall have an undisputed right to sell produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper in conformity with the provisions of section 70/1 of the Illinois Compiled Statutes 1 and no license shall be required for such activity. (Ord. 2017-3, 1-9-2017; amd. Ord. 2017-27, 6-12-2017; Ord. 2021-1, 3-8-2021) |
Notes
| 1 | 505 ILCS 70/1 - Farm Products Marketing Act. |