[HISTORY: Adopted by the President and Board of Trustees of the Village of Forrest at time of adoption of Code (see Ch. 100, General Provisions, Art. I). Amendments noted where applicable.]
For the purpose of this article, the following words shall have the meaning prescribed:
CHARITABLE SOLICITOR
Anyone engaging in soliciting or peddling, from a temporary stand on any public way, street or alley, or by traveling door-to-door within the Village, on behalf of an entity that operates without a commercial objective or for the financial benefit of its shareholders or trustees and has been formed for charitable or educational reasons to benefit: the public; a specific group of individuals; or the membership of the charitable or nonprofit organization.
GRATUITOUS DISTRIBUTION
General distribution within the Village of any goods, wares, merchandise, foodstuffs, printed material or services of any kind in the absence of requests or invitations on the part of the recipients. Mere acceptance by recipients does not by itself alter the character of gratuitous distribution. This definition does not apply to distributions effected through the United States mail or to distributions effected at places other than private residences.
PEDDLER
Any person who travels within the Village by foot, vehicle or by other conveyance, selling or offering for sale any commodity or service, excluding food, and rendering immediate delivery of the commodity or service. Charitable solicitors shall be excluded from the definition of peddler.
PERSON
Any individual, organization, group, association, partnership, corporation, trust or any combination thereof.
SOLICITOR
Any person who offers for sale, barter, or exchange any goods, wares, merchandise, foodstuffs, printed material or services of any kind or description, from a temporary stand or by traveling door-to-door within the Village, for future delivery of the property or services by the seller, regardless of whether or not such person collects payment for such property or services at the time of the transaction, but who does not make delivery of such property or perform such service at that time. Charitable solicitors shall be excluded from the definition of solicitor.
A. 
This article is narrowly tailored to the Village's legitimate interest in the health, safety and welfare of the public, preventing fraud, the privacy of its residents, the prevention of crime and conserving Village resources. This article is intended to apply only to commercial activities and the solicitation of funds. This article is expressly not intended to interfere with the exercise of free speech and free exercise of rights protected by the First Amendment.
B. 
As set forth herein, this article shall apply to all solicitors, charitable solicitors, peddlers and persons engaged in gratuitous distribution, and to their agents and employees, regardless of the purpose or motive of their activities. The provisions of this article related to application and permitting shall not apply to:
(1) 
Charitable solicitors;
(2) 
News carriers;
(3) 
Persons seeking to collect legitimate amounts due;
(4) 
Any government agency or official under a certificate of public convenience and necessity;
(5) 
Members or designated representatives of the press engaged in traditional noncommercial press functions;
(6) 
Persons or organizations specifically exempted from this article by virtue of federal legislation or preemptive legislation passed by the state; and
(7) 
Officers or employees of the Village, county, state or federal government, or any subdivision thereof, when on official business.
A. 
No solicitation, charitable soliciting, peddling or gratuitous distribution shall take place before 9:00 a.m. Central standard time or after 7:00 p.m. Central standard time on any day.
B. 
Merchandise distributed gratuitously must be contained in perforated plastic bags. Other gratuitous distributions, such as that of printed matter, must be fastened or deposited in such a way as to prevent it being carried away by the elements and creating litter, unless items are handed to and received by individuals personally.
C. 
Gratuitous distributions of all kinds, including political flyers, handbills, newsletters, and the like, must clearly show the name and address of their originator.
D. 
A permit to carry on the pursuits governed by this article does not give license to obstruct vehicular or pedestrian traffic, nor to harass residents or other persons within the Village. Any such obstruction or harassment shall be punishable by applicable state law or local ordinance, and as elsewhere provided by article.
E. 
No person shall distribute circulars or handbills by placing one or more of such circulars or handbills in or on any part of automobiles parked on a street or public parking place in the Village.
F. 
No person shall obstruct or harass a person duly authorized pursuant to the provisions of this article, or his/her agents and/or employees, while in the legitimate pursuit of the activities for which a permit has been granted. Any such obstruction or harassment shall be punishable by applicable state law or local ordinance, and as elsewhere provided by this article.
G. 
Solicitors, charitable solicitors, peddlers or persons making gratuitous distributions dispensing food, beverages or confections shall comply fully with all applicable state law, and local ordinances of the Village regulating restaurants and food handlers. All foods, beverages and confections dispensed from a vehicle shall be packaged by the manufacturer at an approved location.
H. 
No person issued a permit in accordance with the provision of this article shall operate beyond the scope of or contrary to the terms of the permit or contrary to the regulations of this article.
I. 
No person shall sell, or display any goods, wares, merchandise, foodstuffs, or exchange printed material, solicit or distribute in any manner whatsoever on any public street, roadway or right-of-way within the Village's corporate limits.
J. 
No person, other than the owner of the premises, shall solicit, distribute or sell any items, as described in this article, on any vacant property without filing a copy of the lease or other written permission from the owner of record with his/her application for a permit.
K. 
Issuance of a permit pursuant to this article does not grant waivers or relief from other ordinances, regulations, land use contracts or covenants applicable to the land use or activity specified. Each permit holder shall be subject to all requirements, standards, controls and limitations specified in the Village's zoning ordinances, building codes, and other federal, state and local laws as may pertain to the subject land use activity.
A. 
The occupants of any residence in the Village shall be permitted to make the determination as to whether solicitors, charitable solicitors, peddlers or gratuitous distributors shall or shall not be invited to their residence. Every person desiring to secure this protection shall give notice of this determination to refuse to invite solicitors, charitable solicitors, peddlers or gratuitous distributors to his/her residence by exhibiting a card, decal or sign not less than three inches by four inches in size upon or near the main entrance, point of approach or entry to the residence containing these words "NO SOLICITORS INVITED." For the purpose of uniformity, cards shall be provided by the Police Department to persons requesting them. Such card, decal or sign so exhibited shall constitute sufficient notice to any solicitor, charitable solicitor, peddler or gratuitous distributor that he/she is prohibited from trespassing upon the premises.
B. 
It is hereby declared to be unlawful and shall constitute a trespass for any person to go upon any premises and ring the doorbell or create any sound in any other manner calculated to attract the attention of the occupant(s) of such residence for the purpose of securing an audience with the occupant(s) thereof and engage in soliciting, charitable soliciting, peddling or gratuitous distribution in defiance of the notice exhibited at the residence.
C. 
It shall be unlawful for any person engaged in soliciting, charitable soliciting, peddling or gratuitous distribution to use sales or other tactics based on force, threat of force, intimidation or psychological pressure or to knowingly misrepresent himself/herself or their product or to make or cause to be made any contract, order form or instrument of indebtedness without the full knowledge of the customer.
Complaints of infractions of the provisions of this article shall be promptly investigated by Village authorities. For occasional and inadvertent violations, warning may be given in lieu of revocation of the permit and/or charges, but persistent violations, even of a minor character, may result in revocation of all permits issued to the applicant.
Any person who violates or fails to comply with any of the provisions of this article shall be fined not less than $50 nor more than $500. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
A. 
Applicants seeking a permit for the activities regulated by this article shall submit to the Village a solicitor permit application form, provided by the Village, and include such information as is required by the Village to establish the reliability, character and accountability of the applicant, as well as the exact nature of the proposed activity and its proposed extent and duration. The application shall include a clause consenting to independent verification of the applicant's statements, and a clause agreeing to abide by the terms and regulations prescribed in this article and by the terms of any permit issued thereunder. Each applicant may, at the time of application, identify up to 15 employees and/or agents who may work for or with the applicant and engage in soliciting, peddling or gratuitous distribution on behalf of the applicant. No such employee(s) and/or agent(s) shall solicit, peddle or engage in gratuitous distribution until authorized to do so by the Village.
B. 
The Police Department shall conduct a background investigation on all applicants, employees and/or agents. No permit authorized pursuant to this article shall be issued to a person who is a registered sex offender as defined in the Illinois Sex Offender License Act (730 ILCS 150/1 et seq.), as amended.
C. 
Applications shall be considered on their merits, with due consideration for the rights of residents to peaceful enjoyment of privacy, to avoidance of environmental pollution (visual, olfactory and auditory), to frequency and prevalence of similar activity, and to the character and reliability of applicants, their employees and/or agents. When it appears the proposed activity would be patently detrimental to the public interest, the application shall be denied. Otherwise, the application shall be granted, subject to the terms of this article.
D. 
Authority to solicit, peddle or engage in gratuitous distribution shall be evidenced by a permit issued by the Village to an applicant and the applicant's employee(s) and/or agent(s). Each permit shall identify the names of all persons who will operate thereunder. Sufficient copies of any such permit shall be provided by the Village to the principal permit holder to provide each of his/her employees and/or agents so engaged, with a copy thereof. Photocopying or duplicating the permit in any form is prohibited and will deem the permit invalid.
A. 
Unless otherwise exempted pursuant to this article, it shall be unlawful for any solicitor, peddler or person engaged in gratuitous distribution to solicit, peddle or distribute anywhere within the corporate limits of the Village, without first applying for and being issued a permit from the Village as provided in this article.
B. 
Upon the Village's approval of an application submitted pursuant to this article, the Police Department shall cause a permit and corresponding photo identification to be issued to the applicant and to each employee and/or agent. Such permit and photo identification shall not be less than four inches in diameter, shall bear an identifying permit number and shall be prominently displayed, attached to a lanyard provided by the Village, during the hours his/her activity is conducted in the Village.
C. 
No person issued a permit under this article shall, while engaged in activities subject thereto, fail to wear on an outer layer of clothing and clearly visible, his/her photo identification and a legible copy of the permit authorizing such activities, or fail to produce the photo identification and permit for inspection at the request of a person approached in the course of such activities, or on demand of any Village official, or fail to state to the best of his/her knowledge whether or not his/her principals have complied with the terms of this article.
D. 
All permits issued pursuant to this article shall expire 60 days from the date of issuance.
As a condition to the issuance of a permit to operate as a solicitor, peddler, or to distribute gratuitous material pursuant to this article, the applicant shall pay to the Village the sum of $50 for the principal permit holder, and $35 for each additional employee and/or agent who will be operating under the same permit. Upon issuance of the permit, no additional employees and/or agents shall be added to the permit. If after issuance of a permit, the principal permit holder or any additional employee and/or agent, under any circumstance loses their issued lanyard/permit, the principal permit holder, additional employee and/or agent may, one-time, obtain a replacement lanyard/permit, upon payment to the Village of a $5 replacement fee. Failure to comply with the immediately foregoing requirement shall result in the forfeiture of the permit.
The Chief of Police or his or her designee shall cause to be maintained an accurate record of applications made and permits issued, for ready referral in case of public queries or complaints, and shall cause actions in revocation of any permit, as well as charges of violations, to be fully documented. Notice of revocation shall be served by the Chief of Police or his or her designee, on the principal permit holder in each case and shall take effect immediately thereupon, except that a two-hour grace period may be granted to permit such principal to inform his/her agents or employees, if any, of such revocation. A copy of such notice shall be posted at the Police Department.
Any permit issued under the provisions of this article may summarily be revoked by the Chief of Police or his or her designee on a showing of falsification of application information, or an infraction of the particular terms of the permit or of the terms of this article, or in the case of a principal permit holder, or his/her employees and/or agents, refusing or evading such surveillance as may be necessary to ensure compliance with such terms. Upon revocation of a permit, all fees paid in connection therewith shall be forfeited.