As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building, store, or depository in which or where a person
transacts business and deals in the goods, wares and merchandise he
peddles, hawks, vends or solicits in the ordinary and regular course
of business.
HAWKER AND PEDDLER
Include, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place,
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barter, or carries or exposes for sale or barter any goods, or
takes orders for any wares, commodities, merchandise, books, magazines,
periodicals, subscriptions, or any other item or items of value, except
milk, newspapers and food distributed on regular customer routes.
SOLICITOR
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value (except newspapers
or milk) or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery. The term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value
(except newspapers or milk) or for services to be performed in the
future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery at the home or residence of any person
who has been solicited prior thereto by telephone or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
It shall be unlawful for any person within the corporate limits
of the Village of Phoenix to act as a hawker, peddler or solicitor,
or similar vendor of goods, wares or merchandise, or assist such a
person so acting, without first having obtained and paid for, and
having in force and effect, a license or a certificate of compliance
for exempted activities hereunder as provided hereafter.
An application for a license as a solicitor who demands, accepts
or receives payment of deposit of money in advance of final delivery
shall also be accompanied by a cash deposit of $10,000 or a $10,000
surety company bond or other bond secured by sufficient collateral,
said bond to be approved by the Village Attorney as to form and surety
conditioned for making a final delivery of the goods, wares or merchandise
ordered or services to be performed in accordance with the terms of
such order or failing therein that the advance payment on such order
be refunded. Any person aggrieved by the action of any licensed solicitor
shall have the right by action on the bond for the recovery of money
or damages, or both. Such bond shall remain in full force and effect
and, in case of a cash deposit, such deposit shall be retained by
the village for a period of 90 days after the expiration of any such
license unless sooner released by the Village Board.
Any holder of any license who permits it to be used by any other
person and any person who uses such license granted to any other person
may each be guilty of a misdemeanor and the license shall be immediately
revoked.
Whenever a license shall be lost or destroyed on the part of
the holder or his agent or employee, a duplicate in lieu thereof under
the original application and bond may be issued by the Village Clerk
upon the filing with him or her by the licensee of an affidavit setting
forth the circumstances of the loss and what, if any, search has been
made for its recovery.
All licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in that order
in which they are issued, and shall state clearly the kind of vehicle
to be used, the kind of goods, wares and merchandise to be sold or
service to be rendered, the number of his license, the date of issuance
and expiration of the license, the fee paid and the name and address
of the licensee.
Such license shall be for such term as requested by the applicant but shall expire not later than 60 days from the date it was issued. After 60 days, the license holder must reapply as provided in §
140-4 and pay an additional license fee as provided in §
140-12.
Every licensee, while exercising his license, shall carry the
license with him and shall exhibit the same upon demand.
A license issued pursuant to this chapter may be revoked by the Village Clerk if the peddler or solicitor engages in any prohibited acts defined in §
140-14.
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing made in duplicate, or electronic mail, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser, or a copy sent to purchaser by electronic mail,
at the time the deposit is paid to the solicitor.
It shall be the duty of the Village Clerk to keep a record of
all applications and of all licenses granted under the provisions
of this chapter, giving the number and date of each license, the fee
paid and the date of revocation of all licenses revoked.
A violation of any provision of this chapter is hereby declared
to be a violation and shall be punishable by a fine not exceeding
$2,000 or imprisonment of not more than 15 days, or both. A violation
which continues for more than seven days shall constitute a separate
and additional violation for each additional week or part thereof
during which the violation continues.