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               Charitable Highway Solicitation

§16-10.             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 

(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, date of birth (if a person), mailing address and telephone number of the person or organization, if any, sponsoring, promoting or conducting the proposed activities;

(2)        The full name, date of birth, 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, date of birth, mailing address, 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 the 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 any person who engages in the dissemination of religious or political messages.

(C)       An application, but no permit fee, shall be required of any person engaged in the solicitation of publication subscriptions, as provided in Section 16-1(C). 

(D)       Filing.  Solicitors must file a permit application at least thirty (30) days prior to the solicitation.  For charitable solicitation permits, a written statement of recent date by the Attorney General of Illinois that the organization is in compliance with the provisions of “An Act to Regulate Solicitation and Collection of Funds for Charitable Purposes,” 225 ILCS 460/2, and such statute as may hereafter be amended, is required.  A written statement from the Internal Revenue Service that the organization is a tax exempt organization under the Internal Revenue Code of the United States, Section 501 (c) (3), is required.

(E)       Permit duration. The permit referred to herein shall be valid only for a period of ninety (90) 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.

(F)       A certificate of insurance issued by an insurance company licensed to do business in Illinois shall be provided to the Village of Addison with the application, insuring the solicitors and their organization for liability for damages for personal injury and property damage causally related to an act of ordinary negligence of the soliciting agent, is required except as otherwise prohibited by law.  The certificate must state that it shall not be cancelled during the period of solicitation and will provide at least the following coverage:

(1)        Personal Injury: $500,000.00 per person, $1,000,000.00 per occurrence

(2)        Property Damage $100,000.00

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

Upon receipt of a completed application, the Police Department shall conduct a background investigation within thirty (30) days.  The results of that investigation shall then be forwarded to the Village Manager.  The Village Manager shall approve the request, deny the request or require the applicant to provide additional information as may be necessary.

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

Provided that the solicitor/peddler has been given a prior opportunity to respond to charges of a violation, the Chief of the Police Department may suspend or revoke a permit for alleged violation of any of the provisions of this Chapter.  The solicitor/peddler may request a review hearing by notifying the Village Manager within five (5) days of the revocation or suspension. 

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 Village Manager 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 reinstated, 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.

(E)       If the permit is revoked or suspended, the permittee may file an appeal with the corporate authorities of the Village within ten (10) days of the Village Manager’s decision.  The corporate authorities shall conduct a review of the Village Manager’s decision based upon the record of the hearing and shall render a decision either affirming, revising or remanding the decision for further proceedings  The decision of the corporate authorities shall be final.

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 or at Village Hall, 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. 

(C)       A certificate of insurance issued by an insurance company licensed to do business in Illinois shall be provided to the Village of Addison with the application, insuring the solicitors and their organization for liability for damages for personal injury and property damage causally related to an act of ordinary negligence of the soliciting agent, is required unless otherwise prohibited by law.  The certificate must state that it shall not be cancelled during the period of solicitation and will provide at least the following coverage:

(1)        Personal Injury: $500,000.00 per person, $1,000,000.00 per occurrence

(2)        Property Damage $100,000.00

(D)       Fees.  The fee for peddlers shall be twenty-five dollars ($25.00) per day/two hundred dollars ($200.00) for ninety (90) days.

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 or 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)        Issue and expiration date of permit or license.

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 may be prosecuted accordingly.

Sec. 16-9.        Charitable Highway Solicitation.  [back to top]

(A)       Permit Required.  It shall be unlawful for any person, firm or corporation to go upon any public street in the Village for the purpose of soliciting from motorists or others using the public street; provided, however, charitable solicitation may be permitted on public streets in accordance with the provisions of this Section when a permit therefor has been issued. 

(B)       Number of Charitable Solicitation Permits Limited.  The number of charitable solicitation permits for use of public streets shall be limited to 24 permits.  Each permit shall be valid only for one period of three consecutive days during the course of a calendar year.  The permit shall only be valid during daylight hours on the dates specified and for the public street locations identified in the permit.  No charitable organization shall be issued more than one charitable solicitation permit in any calendar year.

(C)       Eligibility.  Charitable solicitation permits under this section shall be issued only to bona fide religious, charitable, labor, fraternal, educational or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years immediately before making application for a license and which have had during that entire five‑year period a bona fide membership engaged in carrying out their objectives.

(D)       No solicitation shall be permitted at any time at a specific location if the adjacent right of way or the roadway is under construction.

(E)       Any person engaged in the act of solicitation shall be sixteen (16) years of age or more and shall be wearing a high visibility vest.

(F)       In no event shall solicitors obstruct or impede the flow of traffic on the roadway.

(G)       Application for Charitable Solicitation Permit.

            (1)        Any eligible organization seeking to conduct charitable solicitation on public streets shall file an application for a permit with the Police Department in the same calendar year as, and not less than thirty (30) days before, the date that the solicitation is proposed to occur.

            (2)        The application shall contain the following information, which must be updated by the applicant as circumstances warrant: 

            (a)        The name, address and telephone number of the person signing the application. 

            (b)        The name, address and telephone number of the authorized and responsible leaders of the organization. 

            (c)        The date(s) of the proposed charitable solicitation.

            (d)        The public streets on which the charitable solicitation will occur. 

            (e)        The approximate number of people who will participate in the charitable solicitation.

            (3)      Except as hereafter provided, all applications for a charitable solicitation permit shall be processed on a first‑in‑time basis.  During the first business day of each calendar year, the Police Department shall accept all applications for a charitable solicitation permit filed hereunder without giving priority to applications filed first in time.  Any conflict between or among two or more such applications filed during that period for the same day shall be resolved by a lottery to be conducted by the Police Chief or his designee.  Applications for charitable solicitation permits received during the first business day of the calendar year shall be given priority over applications received thereafter.

            (4)        No eligible organization shall be entitled to more than one charitable solicitation permit for three consecutive days during any calendar year.

Sec. 16-10.      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 one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
 

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