City of Waverly, IL
Morgan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Waverly as Ch. 21 of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 103.
Licenses — See Ch. 178.
Offenses — See Ch. 209.
Streets and sidewalks — See Ch. 258.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person, whether a resident of this City or not, traveling from place to place, from house to house or from street to street, for the purpose of selling or soliciting for sale goods, wares, merchandise or services; and shall also mean and include any person transacting a temporary business within the City at an established place of business. The word "peddler" shall include the terms "solicitor," "transient or itinerant merchant or vendor" or "transient or itinerant photographer."
The provisions of this chapter shall not apply to solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity in the City.
Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises, or his agent, to leave the same and not return to such premises shall be deemed guilty of a misdemeanor.
It shall be unlawful for any peddler to enter upon any private premises when the same are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect.
It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his goods, wares, merchandise or services for the purpose of inducing another to purchase the same.
It shall be unlawful for any peddler to engage in the business of peddling within the City between the hours of one-half hour before sunset and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.
It shall be unlawful for any peddler to use a telephone for the peddling of goods, wares, merchandise or services or the solicitation of funds or any other activity connected to the business of peddling or soliciting.
It shall be unlawful for any person not a legal resident of this City to engage in business as a peddler within this City without first obtaining a permit so to do.
The application for a permit required by the provisions of this article shall contain the following information:
A. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any state or federal law or municipal ordinance or code; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction.
B. 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment, or deposit, of money in advance of final delivery.
C. 
The period of time the applicant wishes to engage in business within this City.
D. 
The local and permanent address of the applicant.
E. 
The local and permanent address and the name of the person, if any, whom the applicant represents.
F. 
The kind of goods, wares, merchandise or services the applicant wishes to engage in such business within the City.
G. 
The last five cities or towns wherein the applicant has worked before coming to this City.
H. 
Such other relevant information as may be required for the investigation of the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
At the time of filing his application for a permit required by this article, the applicant shall present a valid driver's license or other photo identification to the City Clerk.
It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit required by this article.
At the time of making application for a permit required by this article, the applicant may be required to submit to fingerprinting and photographing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Before any permit shall be issued under the provisions of this article, the applicant therefor shall pay a fee as set forth in the fee schedule adopted by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The application for a permit required by the provisions of this article shall be accompanied by a bond in an amount set by the City Council, signed by the applicant and signed, as surety, by some surety company authorized to do business in this state or other surety acceptable to the City Council, conditioned for the final delivery of goods, wares, merchandise or services in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond, or to an agent or employee of such principal.
Before any permit shall be issued under this article, there shall also be filed with the City Clerk an instrument in writing, signed by the applicant under oath, nominating and appointing the City Clerk his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of such applicant, and service of summons in any action brought upon the applicant's bond shall be deemed made when served on the City Clerk.
A. 
No permit shall be issued under the provisions of this article until the applicant shall have complied with all the provisions and requirements of this chapter.
B. 
No peddler's permit shall be issued to a corporation, partnership or other impersonal legal entity, but each individual person engaging in the business of peddling within the City shall be required to have a permit, whether acting for himself or as an agent or representative of another.
Every peddler having a permit issued under the provisions of this article and doing business within the City shall display his permit upon the request of any person, and failure so to do shall be deemed a misdemeanor.
Every permit issued under the provisions of this article shall be valid for the period of time stated therein, but in no event shall any such permit be issued for a period of time in excess of 12 months.
Any permit issued under the provisions of this article may be revoked for the violation by the permittee of any applicable provision of this Code, state law or City ordinance. Upon such revocation, such permit shall be immediately surrendered to the City Clerk, and failure to do so shall be a misdemeanor.