Chapter 118 PEDDLERS, SOLICITORS AND STREET VENDORS

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(A) “Charitable purpose.” Any charitable, benevolent, philanthropic or patriotic purpose.
(B) “Charitable organization.” Any benevolent, philanthropic, patriotic, not-for-profit, or such organization purporting to be such, which solicits and collects funds for charitable purposes.
(C) “Contribution.” The promise or grant of any money or property of any kind of value, including payment for literature in excess of the fair market value of the literature.
(D) “Peddler.” Any person who, going from place to place, shall at retail sell, offer for sale, sell and deliver, barter or exchange any goods, wares, merchandise, wood, oil, fish, fruits, vegetables, country produce or any other article or thing whatsoever or any service from a vehicle or otherwise. It shall not include a serviceman who, responding to a prior call, sells replacement merchandise.
(E) “Solicitor.” Any person who, going from place to place, without prior appointment or pre-arrangement with the customer, shall take orders for future delivery at retail of any merchandise or other article or thing, or any service or any person who solicits and collects funds for charitable purposes.
(F) “Street vendors.” Any person or persons who sell goods and/or services at retail on public or private property in an outside location not affiliated with the current use of the property. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

No person shall engage in the business of a peddler or solicitor within the city without first having obtained a permit; provided, however, that the classes of peddlers engaging in businesses specifically defined and licensed by other provisions of this code shall be exempt from the provisions of this chapter and must be licensed in accordance with those applicable provisions of this code. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

No one shall peddle or solicit from persons in the city by door-to-door solicitation or the use of public streets and public ways without first obtaining a permit. Application for a permit shall be made to the city administrator or his designee and shall include the following information:
(A) The name of the organization, partnership, corporation or proprietorship for whom the applicant works, and the name under which it intends to solicit.
(B) The name, address, and social security number of the person in charge of solicitation in the city, a telephone number of the parent firm or corporation, and an address within Will County where service of process may be had.
(C) The names, permanent addresses, birth dates and social security numbers of all persons who will solicit in the city.
(D) The dates and times of day such solicitations are to be made and the geographic area within the city where such solicitation shall be conducted at a particular time and day.
(E) The number of vehicles, if any, intended to be operated and the kind of merchandise, if any, to be peddled or offered for order. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

(A) All applications shall be submitted to the city administrator or his designee.
(B) If the city administrator or his designee determines that all requirements of this chapter have been met, a permit shall be issued approving the dates and times at which solicitation may take place.
(C) The failure of an applicant to fulfill the requirements of this chapter shall be the sole basis for a denial of the permit by the committee. In the event that any permit is denied for failure to comply with the requirements of this chapter, the applicant shall immediately be notified of the reasons for denial. At least seven business days prior to the proposed peddler or solicitor’s permit, the vendor shall apply to the city administrator or his designee for a peddler or solicitor’s permit on a form provided by the city and pay a temporary permit application fee of $50.
(D) All such permits shall conform to all requirements of this chapter and shall conform to all ordinance and regulations of the city.
(E) The city administrator or his designee may issue a vendor a permit to peddle or solicit for a maximum of 10 consecutive days with no more than four permits issued each year. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

(A) It shall be unlawful for any person, firm, or corporation to solicit, either in person or by agent, upon the public streets, sidewalks or any other public place in the city without having first secured a permit.
(B) A person, firm, or corporation may be issued a permit to stand upon streets or highways within the city for purposes of soliciting from the occupants of vehicles; provided, that the peddlers, solicitors and street vendors shall comply with the following requirements:
(1) Solicitation shall occur only at intersections where all traffic is required to come to a full stop.
(2) Solicitation shall occur at highway intersections only during hours of daylight: from one-half hour after sunrise to one-half hour before sunset.
(3) Persons engaged in solicitation upon streets or highways shall be at least 16 years of age and shall wear a high visibility vest. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

It shall be unlawful for any peddler or solicitor to cheat, deceive or fraudulently misrepresent, whether through himself or herself or through an employee, while acting as a peddler or solicitor in the city, or to barter, sell or peddle any goods, merchandise or wares or to engage in any form of solicitation other than those specified in the application for a permit. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

It shall be the duty of every solicitor or peddler, upon going onto any premises in the city upon which a residence is located, to look for the notice provided for in Section 118.09, and if any is attached, to obey the statement contained on the notice. If the notice contains words such as “No Peddlers, Solicitors and Street Vendors,” then the solicitor or peddler, whether registered or not, shall immediately and peacefully depart from the premises. Any solicitor or peddler who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

It shall be unlawful for any organization to utilize as a solicitor any person who has been convicted of a forcible felony within a period of five years prior to the date of solicitation or who, having been convicted of a forcible felony, has been released from a penal institution for a period of less than three years prior to the date of proposed solicitation. For the purposes of this section, a “forcible felony” means treason, murder, voluntary manslaughter, aggravated criminal sexual assault, criminal assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony which involves the use or threat of physical force or violence against any individual. (Ord. 1604, passed 12-2-03) Penalty see Section 118.99

Any person, firm or corporation violating any provision of this title, for which another penalty is not provided, shall for a first offense be fined not less than $50 nor more than $750, for a second offense within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent offense within one year after the first offense, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1604, passed 12-2-03)