An applicant for a solicitation permit shall file with the chief of police a properly completed application therefor on a form provided for such purpose by the chief of police. The applicant shall be given a copy of this chapter, acknowledge its contents, and agree to comply with all its requirements. The applicant shall verify under oath all statements made on or in connection with the following information on the application:
(A) The names and addresses of the charitable or commercial organization(s)/person(s) and the name or names under which it/he/she intends to engage in solicitation as well as the solicitation methods that the applicant and the applicant’s business or organization will employ within the village.
(B) The name and address of the person to be in charge of such solicitation, as well as the following:
1. The name and address of a principal officer, director, or chief executive officer of the applicant’s business or organization who is authorized to determine matters related to the application, and the registered agent for the business or organization for service in Illinois, if any.
2. The name and address of the business or organization or other person or entity that the applicant represents for purposes of the solicitation for which the permit is sought.
(C) The names and addresses of all persons who will engage in such solicitation in the Village as follows:
1. The applicant’s local address, whether temporary or permanent, if different from the applicant’s current residence address.
2. The applicant’s name and current residence address, and the length of time the applicant has resided at such address.
3. The applicant’s business address, if different from the applicant’s residence address.
4. The applicant’s driver’s license number or other form of government issued identification.
5. The applicant’s physical description, including sex, height, weight, hair color, and eye color.
6. Two (2) copies of a two inch by two-inch (2" x 2") photograph showing the full facial features of the applicant. Such photograph shall have been taken within thirty (30) days immediately prior to the date of filing of the application.
7. If more than one solicitor will be soliciting on behalf of a business or organization, then the names(s), address(es), and telephone number(s) of all person(s) who will be in direct charge of the solicitors on behalf of such business or organization.
8. If the applicant seeks a permit to conduct charitable solicitation, a written confirmation or registration by the Illinois attorney general, made within six (6) months immediately prior to the date of filing of the application, that the business or organization represented by the applicant is in full compliance with all applicable provisions of Illinois’ Solicitation for Charity Act, 225 ILCS 460/0.01 et seq.
9. If the applicant is subject to payment of the Retailers’ Occupation Tax, a copy of the applicant’s solicitation permit issued by the State of Illinois under the Municipal Retailers’ Occupation Tax imposed by Section 60-3 of this Code.
10. A solicitation permit fee in an amount equal to Seventy-Five Dollars ($75.00) per applicant and Thirty-Five Dollars ($35.00) for each solicitor on behalf of the applicant, or, in the case of solicitors who are transient merchants, an amount equal to One Hundred Dollars ($100.00) per applicant and Thirty-Five Dollars ($35.00) for each additional solicitor on behalf of the transient merchant applicant.
(D) An acknowledgment stating that the names and addresses of all persons who will engage in such solicitation in the Village shall be verified by valid State identification with visible photo.
(E) statement acknowledging both the identity of the soliciting organization, agency or project and that the same must be engaged in a Nationwide or Statewide fundraising activity when soliciting within the Village.
(F) A statement of the dates and times of the day when such solicitation will occur and the geographic area within the Village wherein such solicitation will be conducted at that particular time and day.
(G) A statement of the date, or approximate date, of the applicant’s last previous application for a solicitation permit under this chapter, if any.
(H) A statement as to whether a solicitation permit issued to the applicant under this chapter has ever been suspended or revoked and any violation, within the previous five (5) years, of any provision of any previous Village solicitation regulation, of any of the provisions of this chapter, or of any local, state, or federal solicitation regulation.
(I) A statement as to whether the applicant has ever been convicted of a violation of any of the provisions of state law, this chapter, or any other municipal ordinances related to solicitation regulations.
(J) A written statement of recent date issued by the Attorney General of Illinois that the charitable organization has complied with the provisions of “An Act to Regulate Solicitation and Collection of Funds for Charitable Purposes...”, 225 Illinois Compiled Statutes 460/1 et seq., or a written statement by the Attorney General of exemption under 225 Illinois Compiled Statutes 460/3 (applies only to charitable solicitation).
(K) A copy of the most recent annual report filed with the Illinois Attorney General pursuant to 225 Illinois Compiled Statutes 460/4. In the event a charitable organization has not yet been required to file an annual report, a copy of the registration statement filed with the Attorney General of Illinois pursuant to 225 Illinois Compiled Statutes 460/2, may be utilized (applies only to commercial solicitation).
(L) A statement by the applicant listing the names and addresses of the person(s) or organization(s) whom the applicant is employed by or represents, and the length of time of such employment or representation (applies only to commercial solicitation).
(M) A description sufficient for identification of the subject matter of the solicitation which the applicant will engage in (applies only to commercial solicitation).
(N) A statement as to whether the applicant has ever been convicted of the commission of a felony or has been convicted of a misdemeanor for a crime involving moral turpitude or truth and veracity, under the laws of the State of Illinois or any other state, or of a Federal law of the United States and the nature of any such conviction (applies only to commercial solicitation).
(O) A statement by the applicant acknowledging that no person shall stand on any street, highway or roadway within the Village, or on any right-of-way of the same for the purpose of peddling or soliciting contributions except that persons soliciting charitable contributions from the occupant of any vehicle may do so upon satisfying all requirements of this chapter.
(P) A statement by the applicant acknowledging that solicitation under this chapter shall be allowed only at intersections where all traffic is required to come to a full stop.
(Q) A statement by the applicant acknowledging that solicitation shall be limited to a specific intersection or intersections and within a one-hundred-foot (100') distance along each leg of the said specific intersection(s).
(R) A statement by the applicant acknowledging that the soliciting organization shall be responsible for supervising and controlling the conduct of all persons soliciting as listed on the approved application for a solicitation permit.
(S) A statement by the applicant acknowledging that all persons soliciting for the contribution of funds or anything of value on any public street shall not obstruct vehicular traffic or pedestrian traffic and shall fully comply with all local and State traffic regulations.
(T) A statement by the applicant acknowledging that all persons engaged in the act of solicitation on a roadway shall be a minimum of seventeen (17) years of age and shall wear a high visibility vest at all times. The high visibility vest shall be provided by the soliciting organization and subject to Village approval. Further, said individual shall have readily visible on their person the Village of Willowbrook solicitation permit identification provided by the Chief of Police.
(U) A statement by the applicant acknowledging that any solicitation on the roadway shall only be allowed where there is a center dividing median area separating vehicle travel lanes.
(V) A statement by the applicant acknowledging that every solicitor engaged in soliciting on any real property owned by the Village or within the Village and the business or organization represented by the solicitor shall be liable for all injuries to any person or property that occurs during or as a result of such solicitation and which is casually related to an act of ordinary negligence of the solicitor or the business or organization the solicitor represents.
(W) A statement by the applicant acknowledging that the solicitation permit approving its solicitation on a given intersection of a public street within the Village limits shall be restricted to one soliciting organization soliciting on the public streets within the Village at one time; and, that a solicitation permit approval list shall be determined by the order in which complete applications for the said certificates are filed with the Village.
(X) A statement by the applicant acknowledging the following: 1) that all persons engaging in solicitation on its behalf are prohibited from engaging in any act of “aggressive solicitation” as that term is defined in Section 3-13-5 (q) of this chapter; 2) that any person who commits an act of “aggressive solicitation” prohibited by this chapter shall be subject to a fine as provided in the general penalty provisions of Title I, Chapter 4, Section 1-4-1 of this Code.
(Y) Felons as Solicitors: It shall be unlawful for any person or organization to utilize as a solicitor any person who has been convicted of a felony under the laws of the State of Illinois or any other state, or under the Federal law of the United States, within five (5) years of the date of the application. Every registrant pursuant to this chapter shall, as part of said registration application, stipulate that no individual employees, independent contractors, employees of independent contractors, volunteers or any other such person associated with the registrant is a convicted “sex offender” as defined by 730 Illinois Compiled Statutes 150/2 and as may similarly be applicable to any other law enforcement jurisdictions throughout the United States. Every registrant shall include the names, addresses and dates of birth for every person who will be working with them in the Village for the registered purpose and shall provide an affidavit certifying that such persons, including the registrant, have not been convicted of any felony, nor convicted on two (2) or more occasions of driving under the influence of alcohol or drugs. Such solicitation permit as is required in this chapter shall be updated whenever any change in such persons occurs for the registrant at any time during the registered year.
(Z) Fraudulent Misrepresentation and Misstatement Prohibited: No person shall misrepresent his name, occupation, financial condition, social condition or residence, and no person shall make or perpetrate any other misstatement, deception or fraud, in connection with any charitable or commercial solicitation, or in any application or report filed under this chapter. (Ord. 21-O-41, 9-13-2021)