No transient merchant shall solicit sales within the Village
of Sherwood without a license as set forth herein. No person shall
solicit contributions or request anything of value for a purported
charitable organization without a license as set forth herein.
As used in this article, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
Any organization that is described in Section 501(c)(3) of
the Internal Revenue Code and exempt from taxation, or a person or
organization that purports to be established for a charitable purpose,
whether religious, patriotic, philanthropic, benevolent, educational,
civic or fraternal.
SOLICITING CONTRIBUTIONS
Requesting, directly or indirectly, a contribution and stating
or implying that the contribution will be used for a charitable purpose
or benefit a charitable organization.
SOLICITING SALES
Selling or offering for sale goods and services where the
sale or offer is either personally solicited or consummated by the
seller at the residence of the buyer or at the seller's transient
quarters. Persons involved in soliciting such sales shall be considered
transient merchants, except for persons involved in soliciting contributions
for charitable organizations.
TRANSIENT MERCHANT
Any peddler or solicitor, whether principal, agent or employee,
engaged in soliciting sales.
Soliciting sales and soliciting contributions shall not include:
A. Any
person delivering newspapers, fuel, dairy products, bakery products
or other goods to regular customers on established routes.
B. Any
person selling merchandise at wholesale to dealers in such merchandise.
C. Local
merchants delivering goods in the regular course of business.
D. Any
person selling agricultural goods which the person has grown.
E. Local
service, charitable or educational groups or organizations exempt
by resolution of the Village Board.
F. Any
person who has an established place of business where the goods and
services being sold are offered for sale on a regular basis, and where
the buyer has initiated contact with and specifically requested a
home visit.
G. Any
sale required by statute or order of any court or conducted by a bona
fide auction.
Any person desiring to solicit sales or solicit contributions
shall apply to the Village Clerk-Treasurer and complete an application/license
form provided by the Village Clerk-Treasurer. The form shall include
information pertaining to the name, address, and identity of the person(s)
who will be soliciting; the name, address and identity of the person
or organization on whose behalf such solicitations will be made; the
nature of things intended to be sold or the purpose of the contributions
solicited; the identification and registration of any vehicles to
be used; and the length of time of the solicitation.
The Village Clerk-Treasurer shall approve or deny the application
within seven business days of submittal. The Village Clerk-Treasurer
shall refer any application to any appropriate law enforcement agency
for further investigation and recommendation. The Village Clerk-Treasurer
may deny a license if the application contains a material omission
or materially incorrect statement or complaints of a material nature
have been received against the applicant by authorities in other jurisdictions
relating to the applicant's fitness to engage in commercial or charitable
solicitations.
In the event of license denial, the Village Clerk-Treasurer
shall notify the applicant by certified mail, stating the reasons
for denial. The notice shall indicate a time and date for review by
the Village Board and the right of the applicant to appear. The Village
Board shall hear any person for or against granting the license and
shall render a decision to grant or deny a license.
A license may be revoked by the Village Board if the application
contains any material omission or intentionally inaccurate statement;
if the licensee has violated the terms of this article; or if the
licensee was convicted of any crime or violated any other ordinance,
statute or rule which is related to the licensee's fitness to solicit
sales or contributions. The Village Board shall notify the licensee
by personal service or certified mail, stating the reasons for revocation,
at least 72 hours prior to the date and time set for a hearing on
the revocation by the Village Board.
License fees shall be as prescribed in Chapter
40, Fees and Penalties, of this Code.
Violations of this article shall be punishable as prescribed in Chapter
40, Fees and Penalties, of this Code.