This chapter is enacted for the purpose of regulating
the distribution of certain materials, peddling, soliciting and related
activities within the Village of Yorkville. The licensing of persons
engaged in the above-mentioned activities is required so that the
identity of persons going door to door or distributing materials within
the Village may be established, so that general regulations may be
more effectively enforced, for the protection and maintenance of the
health, safety and welfare of the inhabitants of the Village, and
to prevent dishonest business practices and dishonest solicitation
of funds in the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for service, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as used herein.
PEDDLER
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds or from a stationary
location on any street or other public place.
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who is not a resident
of the Village or does not have a permanent business address in the
Village and who merchandises or sells with the intent to close out
or discontinue such business within a period of one year from the
date of commencement and occupies a room, building, tent, lot or other
premises for the purpose of selling merchandise.
It shall be unlawful for any peddler, solicitor,
distributor or transient merchant to sell, offer for sale or distribute
merchandise, printed material or services within the Village without
first applying for and obtaining a license therefor from the Village
Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person aggrieved by the action of the Chief of Police or of the Village Clerk in the denial of a license, as provided in §
94-6 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in §
94-11 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 1/2 hour before sunset, unless specifically
having been invited into a house by the occupant or having made an
appointment with a person previously.
B. Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Clerk and displaying
his license.
C. Have exclusive right to any location in the public
streets or operate in any congested area where his operations might
impede or inconvenience the public.
D. Leave at a property or house or in any public place
circulars, samples or other matter, except a "newspaper," which shall
be defined as a periodical with a paid circulation of at least 90%
of its total circulation, except when handed to a person willing to
accept the same.
E. Enter or attempt to enter the land of any resident
in the Village without an express invitation from the occupant of
such land.
F. Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G. Shout, cry out, blow a horn, ring a bell or use any
sound-making or -amplifying device upon any of the streets, parks
or public places of the Village or upon private premises in such a
manner that sound of sufficient volume is emitted or produced to be
capable of being plainly heard upon the streets, avenues, parks or
other public places of the Village or upon private premises thereof
for the purpose of attracting attention to any merchandise or services.
H. Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
I. Litter the streets, public places or properties within
the Village with any merchandise or printed material.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who shall commit an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, §
1-14.