(A) Generally: An application for a solicitation permit shall be submitted to the Village Manager and shall be verified under oath. The Village Manager shall acknowledge receipt of such application in writing within five (5) working days of such receipt and shall act upon such application within ten (10) days after its receipt. No application shall be effective until acted upon by the Village Manager. The Village Manager shall issue said permit if the Village Manager determines:
1. The applicant has properly provided all information required by the Village Manager, the application and the material statements made in the application are true, and the applicant has otherwise complied with the requirements of this chapter.
2. The applicant has not had a Village solicitation permit revoked within five (5) years immediately prior to the date of filing of the application.
3. The applicant has not been convicted of violating any provision of this chapter within five (5) years immediately prior to the date of filing of the application.
4. The applicant has not been convicted of a crime under the following laws of the state of Illinois, or the equivalent laws of any other state or of the United States, within five (5) years immediately prior to the date of filing of the application:
a. Aggravated assault, battery, reckless conduct, intimidation, or any other offense of bodily harm described in Article 12 of the Illinois Criminal Code, 720 ILCS 5/12-1 et seq.;
b. Criminal sexual assault, indecent solicitation of a child, sexual exploitation of a child, or any other offense categorized as a “Major Sex Offense” or “Vulnerable Victim Offense” described in Subdivisions 5 and 6 of Article 11 of the Illinois Criminal Code, 720 ILCS 5/11-1 et seq.;
c. Theft or any other or related offense described in Article 16 of the Illinois Criminal Code, 720 ILCS 5/16-1 et seq.;
d. Fraud, deceptive practices, or any other or related offense of deception described in Article 17 of the Illinois Criminal Code, 720 ILCS 5/17-1 et seq.:
e. Robbery, vehicular hijacking, or any other or related offense described in Article 18 of the Illinois Criminal Code, 720 ILCS 5/18-1 et seq.;
f. Burglary, criminal trespass to a residence, home invasion, or any other or related offense described in Article 19 of the Illinois Criminal Code, 720 ILCS 5/19-1 et seq.;
g. Criminal damage or trespass to property or any other or related offense described in Article 21 of the Illinois Criminal Code, 720 ILCS 5/21-1 et seq.; or
h. Any forcible felony as defined in the Illinois Criminal Code, 720 ILCS 5/2-8.
5. The applicant is at least 18 years old.
(B) Solicitation and Disclosure of Information Contained in Solicitation Permit Application-Waiver of Claims: By applying for a solicitation permit, every applicant authorizes any person to disclose, and the Village to investigate, all information pertaining to the applicant’s background, qualifications, and any other matter relevant to the applicant’s application. Every applicant waives any and all claims against the Village and elected and appointed officials, officers, boards, commissioners, attorneys, employees, and agents resulting from or arising out of, or alleged to result from or arise out of, the aforesaid activities. Every applicant will consent to and sign any written authorization, or waiver, as the Village may require in connection with the aforesaid activities.
(C) Denial and Appeal: If the Village Manager determines that the applicant has not met one or more of the conditions for the issuance of a solicitation permit, then the Village Manager shall deny issuance of the solicitation permit and shall give the applicant a written notification and explanation of such denial. The Village Manager’s notice of denial shall be delivered in person or by first class U.S. mail addressed to the applicant’s current residence address as set forth in the application. The solicitation permit shall be deemed denied on the day that the notice of denial is delivered or is placed in the U.S. mail as provided in this subsection.
Any person aggrieved by the Village Manager’s denial or revocation of a solicitation permit shall have a right to appeal such decision to the Village Board of Trustees as provided in this section. Within ten (10) days after receipt of the Village Manager’s notice of denial or revocation, the applicant or permit holder may make a written request for a hearing regarding the denial or revocation to the Village Manager and shall state the basis for the appeal.
Upon the timely filing of an appeal, the Village Manager shall transmit to the Village Board of Trustees all the papers constituting the record upon which the action appealed from was taken. The Village Board of Trustees shall consider the appeal at a regular or special meeting. The board of trustees shall affirm or reverse the decision.
The decision of the Village Manager shall not be reversed unless the Village Board of Trustees finds by clear and convincing evidence that the Village Manager made an error in the application or interpretation of the terms of this chapter, and the burden of proof shall be on the party filing said appeal. The decision of the Village Manager shall not be reversed except by a majority vote of the members of the Village Board of Trustees who are present. The action taken by the Village Board of Trustees shall be final. Any challenge or appeal of the decision of the Village Manager shall be governed by the administrative review law of the state, or any successor law that may exist from time to time.
(D) Form of Permit: A solicitation permit shall be issued by the Village Manager and shall consist of a piece of paper, approximately eight and one half inches by eleven inches in size. The name of the solicitor and the business or organization the solicitor represents, if any, the date(s) solicitation shall occur under the permit, and the effective dates of the permit shall be printed on the solicitation permit in easily readable form. Solicitation permits also shall bear the name of the Village, the signature of the Village Manager and the relevant permit application number. (Ord. 4093, 3-21-2024)