[Adopted 1-19-1993 (Art. IV, Ch. I, Section M, of the 1993
Code); amended in its entirety 11-19-2019 by Ord. No. 7585]
As used in this article, the following terms
shall have the meanings indicated:
Includes any one or more of the following activities:
Seeking to obtain orders for the purchase of
goods, wares, merchandise, foodstuffs, or services of any kind, character
or description whatever (excluding books, periodicals or other periodicals
or subscriptions to such), for any kind of consideration whatever;
or
Seeking to obtain information on the background,
occupation, economic status, social status, religious status, political
status, attitude, viewpoints, occupants of a residence, telephone
number, address, furnishings, or the like of another person for the
purpose of compiling such information as raw data or refined data
into a document, record book or directory to be sold or to be used
wholly or in part for a commercial purpose; or
Seeking to obtain gifts for contributions of
money, clothing, or any other valuable thing for the support or benefit
of any charitable or nonprofit association, organization, corporation
or project.
Includes every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building
or structure.
It shall be unlawful for any person to call
upon any residence in the City of Crystal Lake for the purpose of
soliciting without first securing a license therefor from the Chief
of Police or his/her designated representative.
A.
Application for a license pursuant to the provisions
of this article shall be made on a form provided by the Chief of Police
or his/her designated representative. The applicant shall truthfully
state in full the information requested on the application, as follows:
(1)
Name and address of present place of residence and
length of residence at such address, business address if other than
present residence address, and social security number.
(2)
Address of place of residence during the past three
years if other than present address.
(3)
Physical description of the applicant, including age.
(4)
Name and address of the person, firm, corporation,
association or organization whom the applicant is employed by or represents,
and the length of time of such employment or representation.
(5)
Description sufficient for identification of the subject
matter of the soliciting which the applicant will engage in.
(6)
Period of time for which the license is applied, which
shall not exceed 30 days.
(7)
The date or approximate date of the latest previous
application for a license under this article, if any.
(8)
A statement that the applicant will comply with all
applicable statutes of the State of Illinois and ordinances of the
City of Crystal Lake relating to public health, morals, safety and
fire protection.
(9)
Whether the applicant has ever been convicted of a
violation of any of the provisions of this article, or of any ordinance
of any other municipality regulating soliciting.
(10)
Whether the applicant has ever been convicted
of the commission of a felony under the laws of the State of Illinois,
or any other state or federal law.
(11)
If the applicant is employed by or represents
a charitable organization, the applicant shall furnish, in addition
to the aforementioned information:
(12)
Authorization for the City, its agents and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application.
B.
All statements made by the applicant upon the application
or in connection therewith shall be under oath.
C.
The Chief of Police or his/her designated representative
shall cause an accurate record to be kept of every application received
and acted upon, together with all other information and data pertaining
thereto and all licenses issued under the provisions of this article,
and of the denial of applications. Applications for licenses shall
be numbered in consecutive order as filed, and every license issued
and any renewal thereof shall be identified with the duplicate number
of the application upon which it was issued.
D.
The Chief of Police or his/her authorized representative shall conduct
an investigation into the applicant's moral character and personal
and criminal history. The Chief of Police or his/her authorized representative
may, in his/her discretion, require a personal interview of the applicant,
or require the applicant to provide additional information and/or
identification as shall bear on the investigation.
No such license shall be issued to:
A.
Any person who has been convicted of the commission
of a felony under the laws of the State of Illinois or any other state
or federal law, within five years of the date of application.
B.
Any person who has been convicted of a violation of
any provision of this article, or of an ordinance of any other municipality
regulating soliciting.
C.
Any person whose license issued hereunder has previously
been revoked as herein provided.
D.
Any applicant employed by or representing a charitable organization which failed to furnish the proof required under § 385-10A(11).
E.
Any person who, at the time of application for renewal
of any license issued hereunder, would not be eligible for such license
upon original application.
F.
Any person employed by or representing a firm, corporation
or other organization, if any partner, officer or managing agent of
such firm, corporation or organization would not be eligible for a
license hereunder upon an individual application.
G.
Any person who is not of good moral character, honesty, and integrity.
A.
If the applicant is found to be fully qualified as
provided herein, the Chief of Police or his/her designated representative
shall issue a license pursuant to the provisions of this article,
upon payment of the fee therefor. Such license shall remain in the
possession of the licensee at all times while engaged in soliciting
in the City of Crystal Lake.
B.
Any license issued hereunder shall be revoked by the
Chief of Police or his/her designated representative if the holder
of the license is convicted of a violation of any of the provisions
of this article or any other ordinance of the City of Crystal Lake,
or has made a false material statement in the application, or otherwise
becomes disqualified for the issuance of a license under the terms
of this article. Immediately upon such revocation, written notice
thereof shall be given by the Chief of Police or his/her designated
representative to the holder of the license in person or by certified
United States mail addressed to his or her residence address set forth
in the application. Immediately upon the giving of such notice, the
license shall become null and void.
Any licensed solicitor who shall be guilty of any fraud, cheating
or misrepresentation, whether through himself/herself or through an
employee while acting as a solicitor in the City of Crystal Lake,
or who shall barter, sell or solicit any goods, wares, merchandise
or services other than those specified in his/her application for
a license shall be deemed guilty of a violation of this article.
Any person desiring to prohibit persons from
calling at his or her residence for the purpose of soliciting shall
give notice in the following manner: A weatherproof card, approximately
three inches by four inches in size, shall be exhibited upon or near
the main entrance to the residence, and shall contain the words "NO
PEDDLERS/SOLICITORS INVITED," printed in letters at least 1/3 inch
in height. For the purpose of uniformity, the cards shall be provided
by the Police Department to persons so requesting.
It shall be unlawful and shall constitute a nuisance and trespass for any person, whether licensed hereunder or not, to go upon any premises and ring the doorbell upon or near the 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 commercial or charitable solicitation as defined in this article, in defiance of the notice exhibited at the residence in accordance with the provisions of § 385-14.
The provisions of this article shall not apply
to officers of the City, county, state or federal government, or any
subdivision thereof, when on official business, nor shall the provisions
of this article apply to any news-gathering activity for a bona fide
news medium, or to any solicitation of information for a telephone
book by a telephone company.
Any solicitor shall immediately and peacefully depart any premises
when requested to do so by the occupant or occupants.
It shall be unlawful and constitute a nuisance for any solicitor
to conduct their business before the hour of 9:00 a.m. or after the
hour of 8:00 p.m.
The provisions of this article shall not apply to officers of
the City, county, state or federal government, or any subdivision
thereof, when on official business, nor shall the provisions of this
article apply to any news-gathering activity for a bona fide news
medium, or to any solicitation of information for a telephone book
by a telephone company.
Any person, firm or corporation violating the provisions of this article may, in addition to any penalty imposed under Chapter 248, Fines, of this Code, suffer the penalty of having his/her or its license revoked for any such violation. Revocation shall be in writing signed by the Chief of Police or his/her designee.
