(A)
It shall be unlawful for any person to engage in solicitation without
securing a required permit therefor pursuant to this article, or in
a manner inconsistent with the issuance of the permit.
(B)
Every person desiring to engage in solicitation, as defined in this Chapter 9, from persons in residences, on streets, highways (only as permitted by state law and Village ordinance) or sidewalks located in the Village, is hereby required to make written application for a solicitation permit as hereinafter provided, and obtain such permit prior to engaging in solicitation within the Village.
(C)
Application for solicitation permits shall be made upon a form provided
by, and shall be submitted to, the Village Manager, and shall be accompanied
by such other documentation as is required pursuant to this article.
(D)
All statements made by the applicant upon the application or in connection
therewith shall be under oath and shall be subscribed and sworn to
by the applicant.
(E)
The Village Manager and the Chief of Police shall cause to be kept
in their offices an accurate record of every application received
and acted upon, together with all other information and data pertaining
thereto, and copies of all solicitation permits issued under the provisions
of this Article 12.
(F)
No solicitation permit shall be issued to any person who has been
convicted of the commission of a felony under the laws of this state
or any other state or federal law of the United States, or misconduct
which constitutes a Class A misdemeanor involving dishonesty or false
statements under Illinois law or similar violation in any other state,
within five years of the date of the permit application. No solicitation
permit shall be issued to any person who has been convicted of a violation
of any of the provisions of this Article 12, nor to any person whose
solicitation permit issued hereunder has previously been revoked,
as herein provided for a period of one year from the date of such
conviction or revocation.
(G)
Every applicant shall submit to a background examination, including
the taking of the applicant's photograph for purposes of issuing an
identification card, to be conducted by the Village, in connection
with the application for a permit hereunder.
(H)
Notwithstanding Section 9-12-1(A) through 9-12-1(G) of this Code, an elementary, junior high or high school student soliciting for the benefit of a school- or a community-based not-for-profit organization, activity or program need not obtain a solicitation permit from the Village, but shall instead prominently display his or her student ID or an ID from his or her school or organization stating the student's name and the school or organization for whose benefit the student is soliciting. All persons soliciting under this Section 9-12-1(H) shall comply with all of the requirements of Section 9-12-14 of this Code if the solicitation is to occur on a public highway.
(A)
The Village Manager, within 30 business days after filing of the
application, after consideration, investigation and review of the
application and all information obtained relative thereto, shall deny
the application if the applicant is not entitled to a permit, pursuant
to the provisions of this Article 12, or if the application does not
contain all of the information and documentation as required herein.
Endorsement shall be made by the Village Manager on the application
of the reason for the denial of the application. If the applicant
has complied with all the provisions of this Article 12, the solicitation
permit shall be issued forthwith. If the application is denied, the
license fee shall be deemed to have covered the cost of investigation
and shall not be returned.
(B)
When any solicitation is conducted by an organized group, the group
shall appoint a group representative who shall provide the Police
Department with a list of names of the solicitors and the geographic
area of the Village in which the solicitation will be conducted not
less than two business days prior to the day of the solicitation.
Every solicitor shall display, on his or her person while soliciting
within the Village, a permit issued by the Village after successful
completion of the application and background examination required
herein. The permits shall be on an easily readable form provided by
the Village and shall contain:
(A)
If for commercial solicitation, the name of the soliciting company
and the product being solicited; or
(B)
If for noncommercial solicitation, the name and address of the noncommercial
solicitor entity;
(C)
The solicitor's birth date and photograph;
(D)
The effective dates of the permit;
(E)
The name of the Village; and
(F)
The signature of the Village Manager.
Any solicitation permit issued hereunder may be revoked by the
Village Manager if the holder of the permit or anyone soliciting under
the permit is convicted of a violation of any of the provisions of
this Article 12, or has made a false material statement in the application,
or otherwise becomes disqualified for the issuance of a solicitation
permit under the terms of this Article 12. Immediately upon such revocation,
written notice thereof shall be given by the Village Clerk to the
holder of the permit in person, or by U.S. mail, return receipt requested,
addressed to his/her residence address set forth in the application.
The permit shall become null and void upon the first to occur of the
following:
Upon expiration of a solicitation permit, the holder shall be
entitled to renew his or her permit, provided that the application
for renewal continues to satisfy all conditions and requirements necessary
to obtain an original permit and provided any changes in the information
originally submitted in the initial application, if any, are made.
The applicant for a renewal of a solicitation permit shall also pay
the fee required for a permit.
(A)
Commercial solicitation permits. An application for a commercial
solicitation permit shall contain the following information regarding
the applicant:
(1)
Full name as it appears on a driver's license, state ID, birth
certificate, birth date and address of present place of residence,
and length of residence at such address.
(2)
Address of place of residence during the past three years, if
other than present address.
(3)
Physical description of the applicant (including height, weight,
hair and eye color), make and license number of the applicant's automobile
used during soliciting, and applicant's driver's license number and
state of origin of applicant's driver's license.
(4)
Name and address of the person, firm, corporation or association
with whom the applicant is employed or represents and the length of
time of such employment or representation.
(5)
The names and addresses of the officers, directors and chief
executive officer of the person, firm, corporation, limited liability
company or association the applicant represents, if any, and the organization's
registered agent for service in Illinois and in the state in which
the organization was legally established.
(6)
Description sufficient for identification of the subject matter
of the soliciting which the applicant will engage in.
(7)
Information as to whether a solicitation permit has been previously
issued to the applicant either in the Village or in any other jurisdiction
(including the approximate date of the issuance of any such permit),
and if so, whether the permit was ever revoked.
(8)
Information as to whether the applicant has ever been convicted
of a violation of any of the provisions of this Article 12 or of similar
provisions in any other jurisdiction (local, state or federal).
(9)
Information as to whether the applicant has ever been convicted
of the commission of a felony under the laws of this state or any
other state or federal law of the United States, or misconduct which
constitutes a Class A misdemeanor involving dishonesty or false statement
under Illinois law or similar violation in any other state, within
five years of the date of the permit application.
(10)
Illinois retail sales tax identification number, if applicable.
(11)
Methods by which the applicant, and the person, firm, corporation,
limited liability company or association the applicant represents,
if any, will conduct solicitation within the Village.
(B)
Noncommercial (charitable and political) solicitation permits. An
application for a noncommercial solicitation permit shall include
or be accompanied by the following:
(1)
Full name as it appears on a driver's license, state identification
card, birth certificate, birth date, and address of present place
of residence, and length of residence at such address.
(2)
Address of place of residence during the past three years, if
other than present address.
(3)
The name and address of the organization making the application,
its principal address in Illinois, if different, and the name under
which it intends to solicit contributions. If the organization does
not maintain a principal office, the name and address of the person
having custody of its financial records.
(4)
The name and address of the person in charge of the organization
solicitating in the Village.
(5)
Information as to whether the applicant, or the person in charge
of the proposed solicitation, has ever been convicted of the commission
of a felony under the laws of this state or any other state or federal
law of the United States, or misconduct which constitutes a Class
A misdemeanor involving dishonesty or false statement under Illinois
law or similar violation in any other state, within five years of
the date of the permit application.
(6)
The names and addresses of the officers, directors, trustees,
and chief executive officer of the organization the applicant represents,
if any, and the organization's registered agent for service in Illinois
and in the state in which the organization was legally established.
(7)
The principal address of the organization the applicant represents,
if any, and the address of its principal office in Illinois, if different.
If the organization does not maintain a principal office, the name
and address of the person having custody of its financial records.
(8)
For corporate applicants, a copy of the State of Illinois certificate
of incorporation, and, if incorporated in a state other than Illinois,
the date that the applicant became qualified under the Business Corporation
Act of 1983, 805 ILCS 5/1.01 et seq., to do business in Illinois;
(9)
Proof of the applicant's tax-exempt status;
(10)
The purpose for which the organization the applicant represents,
if any, is organized, and the purpose or purposes for which the applicant,
or the organization the applicant represents, will conduct solicitation
within the Village.
(11)
Information regarding whether the applicant, or the organization
the applicant represents, is or has been enjoined by any court from
conducting solicitation within five years of the date of the application.
(12)
Information regarding whether the applicant is a professional
fund-raiser who will conduct solicitation in the Village in that capacity
on behalf of the organization the applicant represents.
(13)
Methods by which the applicant, and the organization the applicant
represents, if any, will conduct solicitation within the Village.
(14)
Such additional information which the Village Manager may from time to time require to verify that persons who will solicit contributions are eligible for a permit under this Section 9-12-6(B).
(15)
The dates and times of day such solicitations are to be made
and the geographic area in the Village wherein such solicitation shall
be conducted at a particular time and day, provided that the maximum
time period for which the permit shall be issued shall not exceed
60 consecutive calendar days, and provided that permit renewals shall
not exceed 60 consecutive calendar days.
(16)
For noncommercial solicitation permits on behalf of a charitable
organization, a written statement of recent date by the Attorney General
of Illinois that the organization is in compliance with the provisions
of 225 ILCS 460/2 of An Act to Regulate Solicitation and Collection
of Funds for Charitable Purposes, and such statute as may hereafter
be amended.
(17)
A written statement from the Internal Revenue Service that the
organization is a tax exempt organization under Section 501(c)(3)
of the Internal Revenue Code of the United States.
(18)
Where the solicitation will be conducted on streets or highways,
a certificate of insurance issued by an insurance company licensed
to do business in Illinois shall be provided, 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. The certificate must state that it shall
not be canceled during the period of solicitation and will provide
at least the following coverage.
|
Personal injury
|
$500,000 per person; $1,000,000 per occurrence
| |
|
Property damage
|
$100,000
|
(C)
Intersection solicitation prohibited. Nothing in the foregoing sections
shall be construed to give permission to any solicitor to enter into
traffic intersections for the purpose of soliciting in contravention
of any state or Village ordinance prohibiting such intersection solicitation.
(A)
Original permit; commercial solicitation. The fee to be charged for
a commercial solicitation permit shall be in the amount set forth
in the Annual Fee Resolution, which fee shall entitle the applicant
to one permit card. Additional permit cards, for use by additional
solicitors operating under the commercial solicitation permit, shall
be issued by the Village upon payment of the fee set forth in the
Annual Fee Resolution.
(B)
Original permit; noncommercial solicitation. No fee shall be charged
for the first permit card issued in connection with a noncommercial
solicitation permit. Additional permit cards, for use by additional
solicitors operating under the noncommercial solicitation permit,
shall be issued by the Village upon payment of the fee set forth in
the Annual Fee Resolution. The permit period shall be for 60 consecutive
days from the date of issuance.
(C)
Replacement permit card. The fee to be charged for the issuance of
a replacement card shall be in the amount set forth in the Annual
Fee Resolution.
(A)
Any occupant of a residence located within the Village may prohibit
solicitors from entering upon the residential property by posting
a notice upon or near the main entrance door to the residence containing
such language as "No Solicitors," "No Solicitors Invited," or such
other language as would indicate that solicitors are not to enter
or engage in solicitation on the premises.
(B)
Such card so exhibited shall constitute notice to any solicitor of
the determination by the occupant of the residence of the information
contained thereon. Any person or solicitor who enters upon a property
on which a "No Solicitors" notice is posted, and who does not immediately
and peacefully depart from the property, shall be deemed a trespasser.
Any solicitor who has gained entrance to any residence or residential
property, whether or not invited, shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
It shall be unlawful and shall constitute a nuisance and a trespass for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in solicitation, when notice is exhibited at the residence in accordance with the provisions of Section 9-12-8 of this Code.
(A)
It shall be unlawful and shall constitute a nuisance for any person
to go about any residence and ring the doorbell, or rap or knock upon
any door, or create any sound in any other manner calculated to attract
the attention of the occupant of such residence, for the purpose of
securing an audience with the occupant thereof and engage in commercial
or noncommercial solicitation before the hour of 10:00 a.m., or after
the hour of 9:00 p.m.
(B)
It shall be unlawful to engage in solicitation on sidewalks, streets,
highways (only as permitted by state law and Village ordinance) or
other public places within the Village before the hour of 7:00 a.m.
or after the hour of 9:00 p.m.
(A)
It shall be unlawful for any individual to solicit on any highway
or street within the Village without wearing a high-visibility vest.
(B)
It shall be unlawful for any person to file an application for permit
which contains false, misleading or untrue information.
(C)
Nothing contained in this Article 12 shall release or relieve any
person from complying with any additional license requirement established
by the Village.
(A)
The Village President shall hear appeals on the denial of an application
for a solicitation permit or revocation of a permit by the Village
Manager. A written appeal must be filed in the Village President's
office within 21 days after the date of denial of the application
or revocation of the permit by the Village Manager.
(B)
Where a hearing is waived, the appealing party shall submit what
documentation it desires to have the Village President consider with
the written appeal, and the Village President shall render a decision
within 30 days after the filing of the written appeal.
(C)
The written decision of the Village President shall be made available
to the appealing party not later than 10 days after the hearing on
the appeal is concluded.
No person shall stand on a roadway for the purpose of soliciting
contributions from the occupant of a vehicle unless such person shall
comply with the provisions of this Article 12 and the following requirements:
(A)
Solicitation on roadways will be permitted only at the discretion
of the Village Manager after receipt of a written application submitted
30 days prior to the day requested for such solicitation. All such
applications shall be filed with the Village Manager, who shall forward
a copy thereof to the Board of Trustees with a recommendation by the
Police Department. The Board shall consider the location, the number
of solicitors and the various other factors which relate to the safety
of the solicitors and the traveling public. The decision shall also
take into account the orderly flow of traffic and may not allow interference
with the operation of official traffic-control devices.
(B)
The soliciting agency shall be registered with the Attorney General
as a charitable organization in accordance with applicable state law.
(C)
Any person engaged in the act of solicitation shall be 16 years of
age or more and shall be wearing a high-visibility vest.
(D)
Solicitation on roadways shall not be permitted except at intersections
where all traffic is required to come to a full stop.
(E)
Any individual agency desiring to solicit on roadways shall be liable
for injuries to any person or property during the solicitation which
is causally related to an act of ordinary negligence of the soliciting
agent.
