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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.
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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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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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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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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.