A. Definitions. For purposes of this chapter, the following words and phrases shall have the meanings and be construed in accordance with the definitions set forth in this section:
"Community organization" means any church, school, or religious, charitable, fraternal, patriotic, civic or other organization; provided that, it is located in the Village, draws its membership primarily from among Village residents or from owners or operators of property or businesses located in the Village, and whose operations within the Village are under the direction or control of Village residents or owners or operators of property or businesses located in the Village.
"Peddler" means a person who engages in, supervises or directs peddling, including persons required to be licensed pursuant to the Transient Merchant Act of 1987 (225 ILCS 465/1 et seq.).
"Peddling" means the sale, offering for sale, barter or exchange of any goods, article, commodity or service of any kind, for immediate delivery, from other than a fixed place of business on private property. For purposes of this chapter, peddling shall not include:
1. The sale of books, magazines, periodicals, newspapers or any other type or kind of publication;
2. The sale of food or refreshments by itinerant food vendors at a duly authorized Village fair, sidewalk sale or similar event; or
3. The sale of goods, wares, merchandise or refreshments from a stand or booth at a duly authorized Village fair, sidewalk sale or similar event.
"Solicitation" means the conducting of any one or more of the following activities from other than a fixed place of business on private property:
1. Seeking to obtain orders for the purchase and future delivery of any goods, wares, merchandise, commodity or service of any kind, character or description, from other than a fixed place of business on private property; or
2. Seeking to obtain prospective customers for applications or purchase of insurance of any type, kind or character; or
3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any other type or kind of publication, or offering to sell such items for immediate or future delivery; or
4. Seeking to obtain gifts, pledges or contributions of money, clothing or any other thing of value for the support of any charitable or nonprofit association, organization, corporation or project.
"Solicitor" means a person who engages in, supervises or directs solicitation.
B. Certain Peddling Prohibited. No person shall engage in peddling on any public street, public way or public property within the Village.
C. Permit Required. Unless otherwise provided in this chapter, it is unlawful for any person to engage in peddling or solicitation within the Village without first obtaining a permit as provided in this chapter.
D. Permit Exceptions. A permit for solicitation shall not be required in either of the following instances:
1. The solicitation is directed only to persons who are on the soliciting organization's membership list and who consented to be members of the organization before the solicitation began;
2. The solicitation is conducted only on the solicitor's property and does not involve entry onto any public or private streets, ways, sidewalks or other property by any means other than by telephone.
E. Application for Permit.
1. All applications for peddling or solicitation permits shall be made in writing to the Chief of Police on forms provided by the Village Police Department. All such applications shall be submitted under oath. While an application is pending or during the term of any permit, if there is any change in any information given in the application, the applicant shall notify the Chief of Police of such change within twenty-four (24) hours of its occurrence.
2. Any application for peddling or soliciting by anyone other than a community organization shall set forth the following for each individual person who will be engaged in or have supervisory responsibility for the proposed peddling or solicitation:
a. The applicant's full name, Social Security number, address of present place of residence, length of residence at such address and telephone number,
b. The address of place of residence during the past three years, if other than the present address,
c. The length of time the applicant has been an employee or representative of the person, firm, corporation, association or organization on whose behalf the applicant will engage in the peddling or solicitation,
d. Date of birth,
e. Sex and physical description,
f. All information required under subsection (E)(4) of this section.
3. Applications for solicitation by or on behalf of a community organization shall be subject to the following requirements:
a. If the solicitation is to be conducted by any nonresidents, each nonresident solicitor shall provide all of the information required in subsection (E)(2) of this section;
b. If the solicitation is to be conducted by any resident of the Village over the age of seventeen (17), a list of the name, address, sex and age of each such resident shall be attached to the application;
c. If the solicitation is to be conducted by any resident seventeen (17) years of age or less, the application shall state the number of such solicitors, and shall provide such additional description as the Chief of Police may deem necessary, such as scout troop numbers, grade level, school organization, but in no event shall the names or addresses of such minors be required; and
d. The application shall provide all information required under subsection (E)(4) of this section.
4. All applications shall contain the following information:
a. The full name, mailing address and telephone number of the person or organization on whose behalf or under whose name the applicant intends to conduct the peddling or solicitation;
b. If the peddling or solicitation is being sponsored, promoted or conducted by any firm, corporation, association, organization or entity other than an individual, the full name, mailing address, position and title, and telephone number of the representative of such entity who shall be responsible for directing or supervising the activities of the peddler or solicitor;
c. The nature of the business or activities conducted by the person or organization on whose behalf the proposed peddling or solicitation will be conducted and whether the organization is a community organization as defined in this section;
d. A description of either the subject matter of the solicitation in which the applicant will engage or of the goods, articles, commodities or service that will be the subject to the peddling or solicitation;
e. The number and description of any vehicles intended to be used in the peddling or solicitation, including the vehicle make, model year, model and style, color and license number;
f. The period of time, not to exceed ninety (90) days, during which the proposed peddling or solicitation will be conducted;
g. A statement of whether each person to be engaged in the proposed peddling or solicitation or the person or organization sponsoring, promoting or conducting the proposed peddling or solicitation has been convicted of any one or more of the following within the past five years:
1. A violation of any of the provisions of this chapter, or the ordinance of any other Illinois municipality, or any Illinois statute, regulating peddling or solicitation,
2. A felony under the laws of the state of Illinois, of any other state, or of the federal laws of the United States, or
3. Any crime involving fraud, misrepresentation, unauthorized entry to property or moral turpitude;
h. A statement of whether a permit issued to any person to be engaged in the proposed peddling or solicitation or the person or organization sponsoring, promoting or conducting the proposed peddling or solicitation under this chapter or its predecessors has ever been denied or revoked;
i. Evidence that the applicant is authorized to peddle or solicit for the organization represented;
j. Whether the applicant or the organization represented is subject to the Transient Merchant Act of 1987 (225 ILCS 465/1, et seq.) or the Solicitation for Charity Act (225 ILCS 460/1, et seq.) and, if so, evidence of compliance with such Acts; and
k. Such additional information as the Chief of Police may deem necessary to process the application.
F. Issuance or Denial of Permit.
1. Within ten (10) business days of receipt of an application (weekends and holidays excluded), the Chief of Police shall recommend to the Village Manager that the permit for peddling or solicitation either be issued or be denied, whereupon the Village Manager shall promptly make a final determination on issuance or denial of the permit. The permit shall be issued unless the Chief of Police recommends, and the Village Manager finds, that there are grounds for denial of the permit, as defined in this chapter.
2. The Chief of Police shall sign the application at the time of submitting his or her recommendation to the Village Manager. The Village Manager shall sign the application at the time of his or her issuance or denial of the permit for peddling or solicitation. The Village Manager shall also sign every permit issued under this chapter.
G. Grounds for Denial of Permit. The Chief of Police shall recommend denial, and the Village Manager shall deny, an application for a permit for peddling or solicitation only upon making one or more of the following findings, which shall be specified on the application:
1. That any information or statement contained in the application is incomplete or incorrect; provided that, the applicant has first been given an opportunity to correct or amend the application;
2. That, within the past five years, the applicant or the person or organization who will be sponsoring or conducting the proposed peddling or solicitation has been convicted of:
a. A violation of one or more of the provisions of this chapter,
b. A violation of an ordinance of any other Illinois municipality regulating peddling or soliciting,
c. A felony under the laws of the state of Illinois or any other state or federal laws of the United States,
d. A violation of the Transient Merchant Act of 1987 (225 ILCS 465/1, et seq.),
e. A violation of the Solicitation for Charity Act (225 ILCS 460/1, et seq.), or
f. Any other crime involving fraud, misrepresentation, unauthorized entry to property or moral turpitude;
3. That the applicant or the person or organization who will be sponsoring or conducting the proposed peddling or solicitation had a permit issued under this chapter revoked within the past five years;
4. That the applicant or the person or organization who will be sponsoring or conducting the proposed peddling or solicitation:
a. Will use a method of peddling or solicitation that will violate any Village ordinance or any state or federal law,
b. Will use a method of peddling or solicitation that will unreasonably impede the passage of pedestrians or vehicles along public sidewalks or streets or other public property,
c. Will use a method of peddling or solicitation that will intentionally make physical contact with others without their consent, or
d. Has not agreed to clean up or pay the cost of clean up of litter in the streets or public places if such litter results from the peddling or solicitation;
5. That the person to be engaged in the proposed peddling is under the age of fourteen (14) years;
6. That the person or persons to be engaged in the proposed solicitation are under the age of fourteen (14) years, unless the person or organization who will be sponsoring or conducting the proposed solicitation agrees in writing that all such solicitors shall be accompanied by an adult; or
7. That the issuance of the permit would cause the total number of permits in effect at any time during the period of time covered by the application to exceed fifteen (15); provided that, for the purpose of determining the number of permits under this section, where solicitation is conducted by or on behalf of a community organization, a single permit shall be issued to cover all solicitors who are residents of the Village.
H. Records of Applications and Permits.
1. The Chief of Police shall cause to be kept in his or her office an accurate record of every application received and acted upon, together with all other information and data pertaining to such record on all applications for permits issued, withdrawn or denied under the provisions of this chapter.
2. Any application for a permit to engage in peddling or solicitation and all permits for peddling or solicitation shall be a matter of public record and shall be available, subject to the provisions of the Illinois FOIA, for inspection by members of the public at the Police Department.
I. Permit Term. Any permit issued under this chapter shall be effective for the time period specified in the permit; provided, however, that such time period shall not exceed ninety (90) days from the date of issuance.
J. Permit Conditions. All permits for peddling and solicitation shall be subject to the following conditions:
1. Respect of Owner or Occupant Right to Privacy. No peddler or solicitor shall enter upon any premises if the owner(s) or occupant(s) of such premises have expressed their desire to maintain their privacy in any manner pursuant to subsection M of this section. A list of the addresses of all premises for which a signed registration form has been filed with the Police Department in accordance with subsection (M)(2)(a) of this section shall be attached to all permits issued pursuant to this chapter.
2. Permitted Hours. There shall be no peddling or solicitation upon any premises, other than upon prior invitation of the occupant of any such premises, prior to nine a.m. or after nine p.m. of any Saturday or weekday.
3. Prohibited Days. There shall be no peddling or solicitation upon any premises, other than upon prior invitation of the occupant of any such premises, on any Sunday or state or national holiday.
4. Maximum Number of Peddlers or Solicitors. No more than two persons may engage in peddling or solicitation at any given time at any given premises.
5. Identification. Immediately upon making initial contact with a prospective customer or donor, any person engaged in peddling or solicitation shall verbally identify himself or herself and the purpose of the peddling or solicitation, and shall display the permit authorizing such peddling or solicitation under this chapter. Upon request of the police, any Village official, or any person subjected to peddling or solicitation, any person engaged in peddling or solicitation shall produce identification which identifies such peddler or solicitor and the organization on behalf of which the peddling or solicitation is being made.
K. Permit Revocation.
1. Any permit issued under this chapter shall be subject to revocation if either the person permitted to engage in peddling or solicitation or the person or organization sponsoring, promoting or conducting the peddling or solicitation:
a. Engages in any practice or conduct which is prohibited by this chapter or which violates a condition of the permit;
b. Is convicted of a violation of any of the provisions of this chapter; or
c. Has made a false material statement in his or her application, or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter.
2. In the event the Chief of Police finds that any of the above described grounds for revocation exist, he or she shall prepare a written notice of the revocation, which shall specify the grounds for the revocation and shall be signed by both the Chief of Police and Village Manager. The notice of revocation shall be delivered to the holder of the permit either in person or by certified mail addressed to his or her residence address as set forth in the application. The notice shall become effective immediately upon its delivery.
L. Appeal of Permit Denial or Revocation. Denial or revocation of a peddling or solicitation permit may be appealed in accordance with Section 5.04.150 of this code.
M. Owner or Occupant Right to Privacy.
1. The owner or occupant of any premises located within the corporate limits of the Village shall have the right to determine whether peddlers or solicitors shall or shall not be invited onto their respective premises.
2. The owner or occupant of any premises located within the corporate limits of the Village wishing to express a determination that peddlers or solicitors shall not be invited onto their respective premises may do so in any of the following ways:
a. By filing a signed registration form with the Police Department stating that the owner or occupant of the specified premises does not wish to invite peddlers or solicitors onto their premises;
b. By erecting or constructing a sign at the entrance(s) to any private road, which sign shall comply with Section 15.60.070(B)(5) of this code, and shall contain language which indicates that the owner(s) or occupant(s) of premises accessed by way of such private road does not wish to invite peddlers or solicitors onto their premises; or
c. By attaching or exhibiting upon or near the main front door, and the main rear or side door (if any and if to be protected), a sign stating such of the following as may be appropriate, in letters at least one-third inch in height: "Solicitors and Peddlers Forbidden" or "Solicitors and Unlicensed Peddlers Forbidden."
3. A list of all premises for which the Police Department has received a registration as provided in subsection (M)(2)(a) of this section shall be attached to and incorporated into every permit issued under this chapter.
4. For the convenience of Village residents and for purposes of uniformity, signs containing the legend set forth in subsection (M)(2)(c) of this section shall be made available at the Village Hall at a reasonable cost.
N. Prohibited Practices and Conduct.
1. Peddling or Soliciting Without Permit. It is unlawful for any person to engage in peddling or solicitation without a valid permit issued pursuant to this chapter.
2. False Statements in Application. It is unlawful for any applicant to knowingly provide false or misleading information in any application for a permit under this chapter.
3. Violation of Conditions of Permit. It is unlawful for any person engaged in peddling or solicitation by authority of a permit issued pursuant to this chapter to violate any of the terms or conditions of the permit.
4. Activities Beyond Those Authorized by Permit. It is unlawful for any person engaged in peddling or solicitation to barter, sell, peddle or solicit any goods, wares, merchandise or services, or to request gifts, donations, loans, pledges, advances or promises to pay other than those for which express authorization has been granted under the terms of the permit authorizing such peddling or solicitation.
5. Request to Leave Premises. It is unlawful for any person engaged in peddling or solicitation to remain on any premises after having been asked by the owner or occupant of such premises to leave such premises.
6. Misleading Statements. It is unlawful for any person engaged in peddling or solicitation to misrepresent the purpose of the peddling or solicitation; to use any false, deceptive or misleading misrepresentation to induce a sale or contribution; to use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call or the organization on whose behalf the call is being made; or to otherwise knowingly mislead the person being solicited regarding the use of the solicited contribution, the activities and purposes of the organization for which the contribution is solicited or the costs of solicitation incurred by such organization or solicitor.
7. Use of Obscene Language Prohibited. It is unlawful for any person engaged in peddling or solicitation to use abusive, vulgar, obscene or offensive language during his or her contact with a prospective customer or donor.
8. Use of Threat or Force. It is unlawful for any person engaged in peddling or solicitation to threaten to use force against a prospective customer or donor, his or her family or his or her property.
9. Use of Disturbing Sounds or Noises. It is unlawful for any person engaged in peddling or solicitation to use any sound or noise of any kind by crying, calling or shouting or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, or voice amplification system or any other device which causes loud or disturbing noises for the purpose of advertising or of attracting the attention or inviting the patronage of any person while engaged in peddling or solicitation.
10. Misuse of Contributions. It is unlawful for any person engaged in solicitation by authority of a permit granted pursuant to this chapter to expend for such person's personal use the contributions solicited, except for contributions received in the form of salary, commissions or employee benefits which were fixed before the solicitation began.
11. Fraud. It is unlawful for any person engaged in peddling or solicitation to cheat or defraud any person in the Village.
(Prior code § 32.11)