VILLAGE OF ADDISON CODE

Chapter 16 – Peddlers and Solicitors

§16-1.              Definitions.

§16-2.              Solicitation--Permit Required.

§16-3.              Issuance of Solicitation Permit.

§16-4.              Revocation of Permit.

§16-5.              Hearing Regarding Revocation.

§16-6.              Peddler--License Required.

§16-7.              Restrictions Applicable to All Solicitors and Peddlers.

§16-8.              Trespass--Prohibited Solicitation and Peddling.

§16-9.              Penalty for Violation.

Sec. 16-1.        Definitions.  [back to top]

Solicitor, for the purposes of this Chapter, shall mean and include any person or persons doing or performing any one or more of the following activities:

(A)       Seeking to obtain orders for future delivery for the purchase of goods, wares, merchandise, food stuffs, services of any kind, character, or description whatever, for any kind of consideration whatever; or  (Ord. 06-39)

(B)       Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

(C)       Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or

(D)       Seeking to obtain contributions on behalf of any charitable, civic, educational or religious organization; or

(E)       Going upon any premises and ringing the door bell, upon or near any door or creating any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of engaging in any of the activities described in paragraphs (A) through (D) herein;

Provided, however, that the term "solicitation" shall not include any of the activities described in paragraphs (A) through (E) herein when undertaken by any person pursuant to a previous appointment or invitation. (Ord. 02-74)

Peddler, for the purposes of this Chapter, shall mean any person or persons who sell, or offer for sale, property for immediate delivery from other than a fixed place of business on private property.  "Peddler" shall include any person who engages in peddling and shall include persons required to be licensed pursuant to "An Act to Regulate the Business of Transient Merchants and to Provide Penalties for the Violation of this Act." (Ord. 81-74)

Sec. 16-2.        Solicitation--Permit Required.  [back to top]

(A)       Application. No person shall solicit within the Village of Addison for any purpose unless a permit application has been filed by, or on behalf of, such person with the Police Department of the Village.  The permit application shall contain the following information concerning the applicant, to-wit:

(1)        The full name, mailing address and telephone number of the person or organization, if any, sponsoring, promoting or conducting the proposed activities;

(2)        The full name, mailing address, and telephone number of the individual person or persons, if any, who have supervision of and responsibility for the proposed activities;

(3)        The full name, mailing address, date of birth and telephone number of the individual person or persons who will be engaged in the proposed solicitation activities;

(4)        The dates and hours which the activities or solicitation are proposed to begin, and he expected duration of the proposed activities.

(B)       Fees.  There will be a charge of $50.00 at the time of application for a solicitor permit and a fee of $25.00 for each person listed on the application as a solicitor.  For not-for-profit, charitable organizations, a total fee of $65.00 shall apply and shall include the application fee and the fee for all solicitors, but the fee may be waived by the Village Manager for an annual solicitation conducted by a not-for-profit organization.  The permit shall be valid for 90 days from the date of permit issuance.  Thereafter, a new application must be filed and a new fee must be paid.

No permit application or fees shall be required of any person who is not engaged in soliciting as defined in Section 16-1, including persons who engage in the dissemination of religious or political messages. (Ord. 05-169; 06-39)

(C)       Filing.  Solicitors for funds must file a permit application at least three business days prior to the solicitation of any funds.  All solicitors for funds must comply with "An Act to Regulate Solicitation and Collection of Funds for Charitable Purposes, Providing for Violations Thereof, and Making an Appropriation Therefor."

(D)       Permit duration. The permit referred to herein shall be valid only for a period of sixty (60) days from the date of the issuance of same.  Nothing herein, however, shall prevent the reissuance of permits to solicitors in compliance with the provisions of this Code.

Sec. 16-3.        Issuance of Solicitation Permit.  [back to top]

An applicant for a solicitor's permit shall file a request for such permit with the office of the Village Manager.  The request shall thereupon be referred to the Police Department for investigation.  The Police Department shall report the results of its investigation to the Village Manager.  Within three (3) days after receipt of the investigation report, the Village Manager shall approve the request, deny the request or require the applicant to provide additional information as may be necessary.  (Ord. 0-81-74; 93-105)

Sec. 16-4.        Revocation of Permit.  [back to top]

The Chief of the Police Department may seek revocation of a permit for alleged violation of any of the provisions of this Chapter.  He shall do so by mailing written notice by registered mail to the person or organizations designated in Subsection 16-2(A)(1) herein.  Said notice shall contain the time, date and place of the hearing before the Mayor and Board of Trustees of the Village.  Said hearing shall be no sooner than five (5) days from the date of mailing.  The notice shall also specify that the person or organization may be represented by counsel with the right to confront and cross-examine adverse witnesses.  (Ord. 84-74)

Sec. 16-5.        Hearing Regarding Revocation.  [back to top]

(A)       At the hearing, the aggrieved permittee may be represented by counsel with the right to confront and cross-examine witnesses against him.

(B)       Testimony shall be taken upon oath or affirmation, first of witnesses in support of the revocation of the permit; the aggrieved permittee may then testify and present witnesses on his/her behalf.

(C)       The findings and order of the Mayor and Board of Trustees shall, within ten (10) days of the conclusion of the hearing, be forthwith sent to the permittee by certified mail, return receipt requested, at the address listed on the permittee's application.

(D)       If the permit is revoked, it will become effective immediately upon personal service on the person or firm designated previously in Section 16-2(A)(1) or upon mailing, whichever occurs sooner, unless a court of competent jurisdiction rules otherwise.  (Ord. 81-74)

Sec. 16-6.        Peddler--License Required.  [back to top]

(A)       License required.  It is unlawful for any person, firm or corporation to engage in the business of peddling within the Village of Addison without first obtaining a license in accordance with the provisions of this Code.  Each individual from a corporation, firm or other business entity must have a license.

(B)       Application for peddler's license--procedure.  Application for peddler's license shall be made at the office of the Police Department, which application shall be in writing on a form provided by the Village, and shall give the applicant's name, address, place of birth, age, date of birth, height, weight, color of hair and eyes, place of residence and telephone number of the firms, company, organization or association which he or she represents; make of automobile or vehicle and license number of the automobile or vehicle, if any, to be used while engaging in such business; the article or articles to be sold or for which orders are to be taken; and the length of time for which such license is requested.

The application, once filed with the Police Department, shall be submitted to the Chief of Police who shall, within three (3) business days, grant the issuance of a license, unless after a thorough investigation of the information contained in the application, it is found that:

(1)        The application is incomplete or incorrect, provided that the applicant has been given the opportunity to correct or amend the application and has not done so within three (3) business days after being so notified.

(2)        The applicant has not submitted the total appropriate license fee as required hereunder.

(C)       Fees.  The fee for peddlers shall be twenty-five dollars ($25.00) per day/two hundred dollars ($200.00) per season.  (Ord. 81-74) 

Sec. 16-7.        Restrictions Applicable to All Solicitors and Peddlers.  [back to top]

(A)       It shall be unlawful for any person to engage in solicitation or peddling at any time prior to 9:00 A.M. or after 9:00 P.M., local time.

(B)       It shall be unlawful for any person to engage in solicitation or peddling upon premises or in any dwelling house, apartment or other residence located thereon, after having been asked by the owner or occupant thereof to leave such premises.

(C)       It shall be unlawful for any person to engage in solicitation or peddling upon any premises, dwelling house, apartment or other residence located thereon if such premises or residence is posted against solicitation or peddling by means of a prominently displayed notice as defined elsewhere in this Chapter.

(D)       It shall be unlawful for any person who engages in solicitation or peddling to use any false plan, scheme or ruse or to make any false statement which indicates or implies that the purpose of such person's visit is other than to obtain contributions or orders for sales of goods or services.

(E)       It shall be unlawful for any person who engages in solicitation or peddling to misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law.

(F)       It shall be unlawful for any person who engages in solicitation or peddling to cheat, deceive or fraudulently misrepresent, whether through himself or through an employee, while acting as a peddler or solicitor in the Village, or to barter, sell or peddle any goods, merchandise or wares other than those specified in his application for a license.

(G)       No solicitor or peddler shall interfere with either vehicular pedestrian traffic on the public right of way.

(H)       It shall be unlawful for any solicitor or peddler to use sound or voice amplification systems or other mechanical sound devices in any solicitation or peddling.

(I)        Each permittee shall wear an identification badge on outer garments so as to be visible at all times, which badge shall be issued by the Police Department, and which shall contain, in a form authorized by the Police Department, the following:

(1)        Name of the permittee;

(2)        Name of the group or organization, if any, on whose behalf the permittee is conducting regulated activities;

(3)        Expiration date of permit or license.  (Ord. 81-74)

Sec. 16-8.        Trespass--Prohibited Solicitation and Peddling.  [back to top]

(A)       There shall be made available, at the municipal building, at no cost, decals or other insignia, inscribed with the legend advising that no peddlers or solicitors are allowed on the premises.

(B)       Any land owner or tenant resident upon the premises desiring to take advantage of this Section may obtain such decals at the municipal building.  Such decal shall then be prominently displayed on the front door or the window nearest thereto, and in any event, where it can be readily seen from the public sidewalk or other entryway in front of the premises.

(C)       Any peddler or solicitor entering any premises so posted with a decal shall be guilty of violating this Section and maybe prosecuted accordingly for violating this Section.

Sec. 16-9.        Penalty for Violation.  [back to top]

Any person, firm or corporation violating any of the provisions of this Article shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.  (Ord. 81-74)

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