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Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
NONCOMMERICAL DOOR-TO-DOOR ADVOCATE
A person who goes door to door for the primary purpose of disseminating religious, political, social, or other ideological beliefs, and shall include candidates for political office. Nothing within this chapter shall be interpreted to prohibit or restrict noncommercial door-to-door advocates.
PEDDLER
A person who goes from house to house, door to door, business to business, street to street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale the goods, wares, products, merchandise, or other personnel property that the person is carrying or otherwise transporting. For the purpose of this chapter, the term "peddler" shall have the same common meaning as the term "hawker."
PERSON
Any natural individual, group, organization, corporation, partnership, or similar association.
PROFESSIONAL FUNDRAISER
Any person, including a corporation or other entity, who, for compensation, performs any solicitations or other services for a religious, political, social, or other charitable organization.
REGULAR BUSINESS DAY
Any day during which the Village Hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be considered regular business days.
SOLICITOR
A person who goes from house to house, door to door, business to business, street to street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. For purposes of this chapter, the term "solicitor" shall have the same meaning as the term "canvasser."
TRANSIENT MERCHANT
A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty storefront for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than 14 consecutive days.
[1]
Editor’s Note: This ordinance repealed former Ch. 5-4, Peddlers and Solicitors, adopted as part of the 1983 Code.
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A. 
Registration. Subject to the terms of this chapter, all solicitors, peddlers and transient merchants must be registered with the Village.
B. 
License. In addition to registering and subject to the terms of this chapter, all peddlers and transient merchants must be licensed by the Village.
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A. 
For the purposes of this chapter, the terms "peddler" "solicitor," and "transient merchant" shall not apply to:
1. 
Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler.
2. 
Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.
3. 
Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
4. 
Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
5. 
Any person conducting the type of sale commonly known as a "garage sale," "rummage sale," or "estate sale."
6. 
Any person participating in an organized multiperson bazaar or flea market.
7. 
Any person conducting an auction as a properly licensed auctioneer.
8. 
Any officer of the court conducting a court-ordered sale.
B. 
Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another Village ordinance.
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A. 
Certificate required. No person shall conduct business as a peddler, solicitor, or transient merchant within the Village limits without first having obtained the appropriate certificate of registration under the Illinois Retailers Occupation Tax Act,[1] if so required by the Illinois Department of Revenue.
[1]
Editor's Note: See 35 ILCS 120/1 et seq.
B. 
Village license required. Except as otherwise provided for by this chapter, no person shall conduct business within this jurisdiction as a peddler or a transient merchant without first obtaining a Village license. Solicitors need not be licensed but are required to register with the Village pursuant to § 5-4-7.
C. 
Application. An application for a Village license to conduct business as a peddler or transient merchant shall be made at least 14 regular business days before the applicant desires to begin conducting a business operation within the Village. Application for a license shall be made on a form approved by the Village Board and available from the office of the Village Clerk. All applications shall be signed by the applicant. All applications shall include the following information:
1. 
The applicant's full legal name.
2. 
Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer.
3. 
A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like).
4. 
Full address of the applicant's permanent residence.
5. 
Telephone number of the applicant's permanent residence.
6. 
Full legal name of any and all business operations owned, managed, or operated by the applicant, or for which the applicant is an employee or an agent.
7. 
Full address of the applicant's regular place of business, if any exists.
8. 
Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines.
9. 
The type of business for which the applicant is applying for a license.
10. 
If a corporation, LLC or agent, a statement from the Secretary of State that the corporation or LLC is in good standing.
11. 
The dates during which the applicant intends to conduct business.
12. 
Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the Village, including the location where a transient merchant intends to set up his or her business.
13. 
A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses.
14. 
A list of the three most-recent locations where the applicant has conducted business as a peddler or transient merchant.
15. 
Proof of any required certificate of registration under the Illinois Retailers Occupation Tax Law.
16. 
Written permission of the property owner or the property owner's agent for any location to be used by a transient merchant.
17. 
A general description of the items to be sold or services to be provided.
18. 
Any and all additional information as may be deemed necessary by the Village Board.
19. 
The applicant's driver's license number or other acceptable form of identification.
20. 
The license plate number registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation.
21. 
The applicant shall provide a recent photograph.
22. 
The applicant shall submit fingerprints to be used for a background check.
23. 
The applicant shall file with his application a statement by a reputable physician of Cook County, Illinois, or Lake County, Indiana, dated no more than 10 days prior to submission of the application, certifying the applicant to be free of infectious, contagious or communicable disease.
D. 
Fee. All applications for a license under this chapter shall be accompanied by the fee as follows: The license fee for a peddler's license shall be $100. The license fee for a transient merchant shall be $100 for each thirty-day increment or fraction thereof. In addition to the license fee, all applicants shall pay a fee of $20 as a processing fee, plus the actual cost of the fingerprint background check charged to the Village.
E. 
An applicant for a license under this chapter must post a surety bond in the sum of $500 with a surety bond licensed in this state in a form acceptable to the Village.
F. 
Procedure. Upon receipt of the application and payment of the license fee, the Village Clerk will, within two regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If the Village Clerk determines that the application is incomplete, the Village Clerk must inform the applicant of the required, necessary information that is missing. If the application is complete, the Village Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. Within 10 regular business days of receiving a complete application, the Village Clerk must issue the license, unless grounds exist for denying the license application under § 5-4-4, in which case the Clerk must deny the request for a Village peddler or transient merchant license. If the Village Clerk denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a public hearing before the Village Board. The Village Board shall hear the appeal within 20 days of the date of the request for a hearing. The decision of the Village Board following the public hearing can be appealed to the Cook County Circuit Court under the Administrative Review Law.[2] The license shall contain the following information:
1. 
Signature and seal of the issuing officer;
2. 
Name, address and photograph of said licensee;
3. 
Class of license issued and the kind of goods to be sold thereunder;
4. 
Amount of fee paid;
5. 
Date of issuance;
6. 
Length of time the license shall be operative;
7. 
License number; and
8. 
Identifying description of any vehicle used in peddling.
[2]
Editor's Note: See 735 ILCS 5/3-101 et seq.
G. 
Duration. A peddler's license granted under this chapter shall be valid for 90 days from the date of issuance. A license granted to a transient merchant shall be valid for not more than 120 days under this chapter. Any license granted under this chapter shall be valid only during the time period indicated on the license.
H. 
Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt group or person shall not be exempt from the requirements of this chapter.
I. 
License exemptions.
1. 
No license shall be required for any person going from house to house, door to door, business to business, street to street, or any other type of place-to-place movement for the primary purpose of exercising that person's state or federal constitutional rights, such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.
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The following shall be grounds for denying a peddler or transient merchant license:
A. 
The failure of an applicant to obtain and demonstrate proof of having obtained any required Illinois Department of Revenue certificate.
B. 
The failure of an applicant to truthfully provide any information requested by the Village as part of the application process.
C. 
The failure of an applicant to sign the license application.
D. 
The failure of an applicant to pay the required fee at the time of application.
E. 
A conviction within the past five years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, or any sex offense as defined by 720 ILCS 5/11 et seq., or any equivalent law of any other state, and any form of actual or threatened physical harm against another person.
F. 
The revocation within the past five years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant.
G. 
When an applicant has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three complaints against an applicant with the Better Business Bureau, the office of the Illinois Attorney General or other State Attorney General's office, or other similar business or consumer rights office or agency, within the preceding 12 months, or three complaints filed with the Village against an applicant within the preceding five years.
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A. 
Generally. Any license issued under this chapter may be suspended or revoked at the discretion of the Village Board for violation of any of the following:
1. 
Subsequent knowledge by the Village of fraud, misrepresentation or incorrect statements provided by an applicant on the application form.
2. 
Fraud, misrepresentation or false statements made during the course of the licensed activity.
3. 
Subsequent conviction of any offense for which the granting of the license could have been denied under § 5-4-4.
4. 
Engaging in any prohibited activity as provided under § 5-4-9 or 5-4-10 of this chapter.
5. 
Violation of any other provision of this chapter.
B. 
Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked.
C. 
Notice. Prior to revoking or suspending any license issued under this chapter, the Village shall provide a license holder with written notice of the alleged violation and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application or, if no residential address is listed, to the business address provided on the license application.
D. 
Public hearing. Upon receiving the notice provided in Subsection C of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the Village Clerk within 10 days following the service of the notice, the Village may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request for the public hearing. Within three regular business days of the hearing, the Village Board shall notify the licensee of its decision.
E. 
Emergency. If, in the discretion of the Village Board, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the Village Board may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in Subsection C of this section.
F. 
Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision to the Court of Cook County under the Administrative Review Law.
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No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued.
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A. 
All solicitors and any person not exempt from the licensing requirements of this chapter under § 5-4-2 shall be required to register with the Village prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no fee shall be required in addition to the processing and background check fee. The Village Clerk shall issue to the registrant a certificate of registration upon compliance with the provisions contained in § 5-4-3E. Registration shall be denied or revoked pursuant to §§ 5-4-4 and 5-4-5. Certificates of registration shall be nontransferrable.
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A. 
Required. Every peddler, solicitor and transient merchant shall, prior to engaging in such activity in the Village, receive from the Police Department a badge not to exceed two inches in diameter bearing the words "Thornton registered canvasser" or words of similar import, together with a serial number and expiration date.
B. 
Deposit; return. As a condition to receiving such badge and to guarantee its return, such peddler, solicitor or transient merchant shall deposit with the Village the sum of $3. Every peddler, solicitor or transient merchant shall, on completing his activity as such peddler, solicitor or transient merchant in the Village, surrender his badge to the Police Department; and upon doing so, the Village shall refund to him his deposit of $3.
C. 
Replacement; investigation. In case any such badge is lost, stolen or mutilated, it is the duty of the peddler, solicitor or transient merchant to whom it was issued to report such fact to the Police Department; and upon his statement of the circumstances and such investigation as the Police Department considers necessary, and upon payment by him of the cost to the Village of such badge ($5), a duplicate badge shall be issued to him.
D. 
Issuance and record. It shall be the duty of the Police Department, not more than 14 days after any peddler, solicitor or transient merchant has furnished the information required of him in this chapter, and upon the deposit of $3 as provided in this section, to issue to such peddler, solicitor or transient merchant a badge as described in this section and to keep a record of the serial number of each badge issued and the name of the person to whom it has been issued.
E. 
Wearing badge. It shall be the duty of any person engaging as a peddler, solicitor or transient merchant in a residential area within the Village to wear in a conspicuous place on his outer garment the badge issued to him by the Police Department as provided in this section. It shall be unlawful for any person to engage as a peddler, solicitor or transient merchant within the Village without so wearing and displaying his badge.
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No peddler, solicitor, transient merchant, noncommercial door-to-door advocate, or other person engaged in other similar activities, including the exceptions listed in § 5-4-2, shall conduct business in any of the following manners:
A. 
Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure.
B. 
Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way.
C. 
Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public.
D. 
Conducting business before 8:00 a.m. or after 8:00 p.m., or sunset, whichever is earlier.
E. 
Failing to provide proof of license, or registration, and identification when requested.
F. 
Using the license or registration of another person.
G. 
Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the Village solely based on the Village having issued a license or certificate of registration to that person.
H. 
Remaining on the property of another when requested to leave.
I. 
Otherwise operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive.
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A. 
Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, noncommercial door-to-door advocate, or other person engaged in other similar activities, including the exceptions listed in § 5-4-2, shall enter onto the property of another for the purpose of conducting business as a peddler, solicitor, transient merchant, noncommercial door-to-door advocate, or similar activity when the property is marked with a sign or placard of a conspicuous nature stating "No Peddlers, Solicitors or Transient Merchants," "Peddlers, Solicitors, and Transient Merchants Prohibited," or other comparable statement.
B. 
No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section.
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The Chief of Police shall cause to be kept an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, under the provisions of this chapter and a record of the denial of any and all applications.
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Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to fine of not more than $750 for each offense.
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If any provision of this chapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
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This chapter shall be in full force and effect from and after its passage and approval and publication as required by law.