For the purpose of this article, the following words as used herein shall be construed to have the meaning herein ascribed thereto, to-wit:
REGISTERED SOLICITOR
Includes any person who has obtained a valid Certificate of Registration as hereinafter provided, and which Certificate is in the possession of the solicitor on his or her person while engaged in soliciting.
RESIDENCE
Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING
A. 
Includes any one or more of the following activities:
(1) 
Sale and delivery from place to place in said City any goods, wares, merchandise, food stuffs, of any kind, character or description whatever for any kind of consideration whatever; or
(2) 
Seeking to obtain orders for the purchase of goods, wares, merchandise, food stuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or
(3) 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
(4) 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or
(5) 
Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project.
B. 
Exceptions. The definition of "soliciting" herein shall not apply to delivery of goods or to making any business call to any residence or place of business which was pre-arranged with the consent of the occupant.
A. 
Application for a Certificate of Registration shall be made upon a form provided by the City Clerk of this municipality and filed with such Clerk. The applicant shall truthfully state in full the information requested on the application, to-wit:
(1) 
Name and address of present place of residence and length of residence at such address; also business address if other than residence address; also Social Security number;
(2) 
Address of place of residence during the past three years if other than present address;
(3) 
Age of applicant and marital status; and if married the name of spouse;
(4) 
Physical description of the applicant;
(5) 
Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;
(6) 
Name and address of employer during the past three years if other than the present employer;
(7) 
Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in;
(8) 
Period of time for which the Certificate is applied for;
(9) 
The dates or approximate dates, of the latest previous application for Certificate under this article, if any;
(10) 
Has a Certificate of Registration issued to the applicant under this article ever been revoked;
(11) 
Has the applicant ever been convicted of a violation of any of the provisions of this article, or the Ordinance of any other Illinois municipality regulating soliciting;
(12) 
Has the applicant ever been convicted of a felony under the laws of the State of Illinois or any other State or Federal law of the United States;
(13) 
Also such additional information as the Clerk may deem necessary to process the application.
B. 
All statements made by the applicant upon the application or in connection therewith shall be under oath.
C. 
[Intentionally left blank][1]
[1]
Editor's Note: Former Subsection C, requiring fingerprinting of applicants, was repealed 6-28-2021 by Ord. No. 2021-52.
D. 
No Certificate of Registration or copy thereof issued to the applicant shall be valid unless the seal of the City of Bloomington is placed on said Certificate or copy.
E. 
The Clerk shall cause to be kept in her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all Certificates of Registration issued under the provisions of this article, and of the denial of applications. Applications for Certificates, shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
F. 
No Certificate of Registration shall be issued to any person who has been convicted of a felony under the laws of the State of Illinois or any other State or Federal law of the United States, within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this article, nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provided.
G. 
Any charitable association group or corporation which makes application for and complies with § 38-901 et seq. of Chapter 38 providing for the soliciting of funds on the streets shall be exempt from application of individual certificates of registration herein. If any organization, firm or corporation meeting the definition of § 38-901 aforesaid shall desire to have their solicitors go from door to door and place to place which would require their compliance with the registration of this article, the City Manager upon request of any such organization having an office within Bloomington or Normal, Illinois may make application to the City Manager setting forth the names, addresses of its local solicitors authorized to represent said charitable organization. The City Manager is authorized to waive the filing of the individual applications for Certificate of Registration herein provided, if in his opinion, such organization meets the definition of said § 38-901 of Chapter 38 of the Bloomington City Code.
[Ord. No. 1990-41]
[Ord. No. 1990-41; amended 7-8-2019 by Ord. No. 2019-52]
A. 
The City Clerk or his or her designee, after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such Certificate as herein required, and that the issuance of a Certificate of Registration to the applicant would not be in accord with the intent and purpose of this article. Endorsement shall be made by the City Clerk or his or her designee upon the application of the denial of the application. When the applicant is found to be fully qualified, the Certificate of Registration shall be issued forthwith.
[Amended 6-28-2021 by Ord. No. 2021-52]
B. 
Any Certificate of Registration issued hereunder shall be revoked by the City Clerk if the holder of the Certificate is convicted of a violation of any of the provisions of this article or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a Certificate of Registration under the terms of this article. Immediately upon such revocation written notice thereof shall be given by the City Clerk to the holder of the Certificate in person or by certified U.S. mail addressed to his or her residence address set forth in the application.
[Amended 6-28-2021 by Ord. No. 2021-52]
C. 
Immediately upon the giving of such notice the Certificate of Registration shall become null and void.
D. 
All Certificates of Registration shall expire six consecutive months from the date of approval. Upon receipt of a Certificate, each individual applicant shall pay a fee as set forth in the Schedule of Fees.
E. 
The denial of an application under Subsection A and the revocation of a certificate under Subsection B may be appealed to the City Manager as set forth in this subsection. Any appeal must be made in writing and addressed to the City Manager within 10 days of the notice from the City Clerk of either the denial or revocation. The City Manager shall then hold a hearing to decide whether the denial or revocation complied with the City Code. The City Manager may also designate a hearing officer to hold such a hearing. After the hearing, the City Manager, or hearing officer if so designated, shall render a final and binding decision in writing within 10 days of the hearing.
[Added 6-28-2021 by Ord. No. 2021-52]
It is hereby declared to be the policy of the governing body of this municipality that the occupant or occupants of the residences in this municipality shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residence. If no determination is made as is provided in § 33-106 thereof, then in that event, registration is not required.
A. 
Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this article shall comply with the following directions, to wit:
B. 
Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any residence, shall be given in the manner following:
C. 
A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:
"ONLY SOLICITORS REGISTERED IN CITY OF BLOOMINGTON INVITED"
OR
"NO SOLICITORS INVITED"
(1) 
The letters shall be at least 1/3 inch in height. For the purpose of uniformity the cards shall be provided by the Chief of Police to persons requesting at the cost thereof.
(2) 
Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
A. 
It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located to first examine the Notice provided for in § 33-106 of this article, if any is attached, and be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS REGISTERED IN CITY OF BLOOMINGTON INVITED," the solicitor not possessing a valid Certificate of Registration as herein provided shall immediately and peacefully depart from the premises; and if the notice states "NO SOLICITORS INVITED," then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.
B. 
Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or created 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 soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 33-106 of this article.
It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this article or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, 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 soliciting as herein defined, prior to 9:00 a.m. or after 9:00 p.m. of any weekday, or at anytime on a Sunday or on a State or National Holiday.
Without constituting any limitation upon the provisions of § 33-201 hereof, any of the following acts by any person, firm or corporation shall be deemed included among those that constitute trespasses in violation of the provisions of said § 33-201, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this Ordinance, the aforesaid enumerated acts so included, being as follows, to-wit:
A. 
An entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof, or
B. 
The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof, or
C. 
A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner of occupant thereof, or
D. 
An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right.