[HISTORY: Adopted by the Board of Trustees of the Village of Tilton as Ch. 5.44 of the Village Code; amended in its entirety11-21-2024 by Ord. No. O2024-1121 .[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also amended the title of this chapter, formerly "Peddling and Soliciting."
Unless the language or context clearly indicates that different meanings are intended, the following words, terms and phrases shall, for the purposes of this chapter, be given the meanings provided in this section:
CONSUMER
One who uses an article purchased.
PEDDLER
Any person who shall sell or offer for sale, barter or exchange, for any consideration whatsoever and for immediate delivery, any goods, wares or merchandise by traveling from place to place in, along and upon the streets, avenues, alleys or public thoroughfares of the Village; or who shall sell and deliver from any vehicle goods, wares or merchandise, by going from place to place in the Village, whether to regular customers or not. The term shall also mean every person who moves from house to house or from place to place in the Village selling or taking orders for goods, wares or merchandise for future delivery. The term shall not include the following persons: farmers and gardeners who sell the produce of their farm or garden; persons who, without receiving compensation for their services, solicit contributions or sell goods, wares or merchandise for civic, patriotic, fraternal, educational, religious or benevolent organizations; persons who sell goods, wares or merchandise as part of an event sponsored or approved by the Village; and, persons who sell at events which are sponsored by civic, patriotic, fraternal, educational, religious or benevolent organization goods, wares or merchandise which they have made themselves.
SOLICITOR
Any person traveling from place to place, from house to house, from building to building, or from street taking or attempting to take orders for future delivery for the purchase of any goods, wares, merchandise, foodstuffs, services or property of any kind, character or description whatsoever, for any kind of consideration whatsoever. The principal focus of this definition is a person selling on a door-to-door basis without prior invitation of the occupant of the premises.
TEMPORARY PREMISES
Any hotel, rooming house, storeroom, building or any part of any building whatsoever, tent, vacant lot, freight station, railroad car, motor truck, trailer or other vehicle, or any public or quasi-public place temporarily occupied for business.
TRANSIENT RETAIL MERCHANT
Includes every person, firm or corporation, acting for himself or itself, or representing any other person, firm or corporation, who or which brings into temporary premises in the Village a stock of goods, wares or magazines, or other articles of trade, and who or which solicits, sells or offers to sell, or exhibits for sale, such stock of goods, wares or magazines, or other articles of trade, at retail. This definition shall continue to apply until such person, firm or corporation shall be continuously engaged at such particular place in the Village for a period of one year.
TRANSIENT WHOLESALE MERCHANT
Includes any person, firm or corporation, acting for himself or itself, or representing any other firm, person or corporation, who or which brings into temporary premises in the Village any goods, wares or magazines, or other articles of trade, and who or which solicits, sells or offers to sell, or exhibits for sale, such stock of goods, wares or magazines, or other articles of trade, at wholesale. This definition shall continue to apply until such person shall be continuously engaged at such particular place in the Village for a period of one year.
A. 
Every person who conducts, operates, transacts, engages in or carries on any part of the industries, trades, pursuits, professions, vocations or businesses within the Village specified and enumerated in this chapter shall first apply for and obtain a license therefor from the Village.
B. 
The fees for such licenses shall be as set from time to time by the Board of Trustees.
C. 
Any license issued by the Village shall be subject to the following restrictions:
(1) 
No one shall engage in the activities associated with a license issued by the Village pursuant to this chapter except during the hours of 10:00 a.m. until 4:00 p.m.
(2) 
No one shall engage in the activities associated with a license issued by the Village pursuant to this chapter at any residence or business at which there is displayed upon or near the main entrance door a notice which states "NO PEDDLERS OR SOLICITORS ALLOWED" or words to that effect.
(3) 
No one shall remain at any residence after being asked by an occupant to leave.
(4) 
No one shall use sound or noise amplification systems or other mechanical sound devices in any peddling or solicitation.
(5) 
No one shall interfere with vehicular or pedestrian traffic on the public right-of-way.
D. 
No more than two licenses shall be issued for peddlers or solicitors who are operating on behalf of the same person or entity. No more than five licenses shall be issued under this chapter at any one time.
A. 
Every person required by this chapter to obtain a license must, before commencing business, file with the Village Clerk an application in writing, subscribed and sworn to by the applicant before an officer of this state authorized to take oaths. The application must set forth:
(1) 
The name of the applicant;
(2) 
His place of permanent residence;
(3) 
His local headquarters, if any;
(4) 
The time of his arrival in the Village;
(5) 
The character of the license applied for, namely: peddler, solicitor, transient retail merchant and/or transient wholesale merchant;
(6) 
The city or county from which the last license, if any, was received;
(7) 
Whether he is acting as principal, agent or employee;
(8) 
If acting as agent or employee, the name and place of business of his principal or employer;
(9) 
A brief description of the articles, goods, wares, merchandise or services being offered;
(10) 
Whether payment or deposits of money are collected when orders are taken or in advance of final delivery;
(11) 
The period for which the license is requested.
B. 
At the time of filing the application, the applicant must accompany the application with the sum specified in § 208-2 as the fee for the character and period of license for which applied, and if such applicant is an agent he must further accompany the application with the principal's acknowledgment of such agency.
C. 
The Chief of Police shall make or cause to be made an investigation to determine the character and reputation of the applicant and entity for which the applicant is applying for a license. A license shall be issued unless it is found:
(1) 
The applicant is under the age of 14;
(2) 
The applicant has been convicted or completed any sentence of imprisonment within the last five years of any offense relating to theft, burglary, fraud, or the applicant has ever been convicted of a felony sex offense as defined in the Illinois Criminal Code, felony offense related to the use of a firearm, manslaughter, first or second degree murder, home invasion, or any similar offense under the laws of the United States or another state;
(3) 
The applicant or his employer has had a license issued pursuant to this chapter revoked;
(4) 
The applicant or his employer has had an application submitted under this chapter denied in the last three years; or
(5) 
The applicant has knowingly furnished false or misleading information on any application for a license required under this chapter or any investigation into such application.
Every application made by a solicitor taking orders for future delivery and collecting advance payments, deposits or guarantees thereon under the terms of §§ 208-1 through 208-3 shall be accompanied by a bond in an amount set from time to time by the Board of Trustees, executed by a surety company licensed to do business in this state, or by two responsible freeholders residing in the county, whose names appear upon the assessment roll of the county (or, in lieu thereof, a cash bond of equal value) and approved by the Clerk, conditioned upon making a final delivery of the goods, wares, magazines or other articles of trade, or farm, orchard, vineyard or garden products, or performing the services in accordance with the terms of such order, or failing therein, that the money advanced by his customers be refunded. Any person aggrieved by the action or misrepresentation of any such solicitor shall have a right of action on the bond for the recovery of his money advanced or damages and costs. Such bond shall remain in full force and effect for a period of six months after the expiration of any such license, and shall be held to assure only business transacted under the authority of the license issued pursuant to the application which such bond accompanied.
Every peddler and solicitor doing business under the provisions of this chapter must, upon demand of any person, exhibit his license and permit the same to be then and there read by the person making such demand. Every transient retail merchant and transient wholesale merchant doing business under the provisions of this chapter shall at all times keep the license conspicuously posted in or upon his place of business. Any peddler or solicitor who fails or refuses to exhibit his license, as above provided, and any transient retail merchant or transient wholesale merchant who fails to post and keep posted his license, as above provided, is guilty of a violation of this chapter.
Whenever in the judgment of the Mayor of the Village any licensee under this chapter is conducting the industry, pursuit, profession, occupation, vocation, business and/or trade so licensed in a manner which violates any ordinance or regulation under the general police power of the Village, or in any manner detrimental to the public health, morals or welfare, he may suspend such license by notice to that effect, personally served upon the licensee or left at his place of business with the person in charge thereof. The license shall thereupon stand suspended. At the next regular meeting of the Board of Trustees or at any special meeting thereof called for this purpose, such suspension of the license shall be taken up and considered by the Board. The Board shall then have the power and authority to vacate such suspension, continue the suspension for any period not exceeding 60 days, or revoke the license by majority vote of the Board entered in the minutes of the proceedings of the Board, a copy of which order shall be personally served upon the licensee or left at his place of business with any person in charge thereof. Such license shall thereupon stand renewed, suspended or revoked, as specified in the order. When revoked, the balance of the license fee collected thereon shall be refunded to the licensee upon claim or demand, provided that such claim and demand for refund is made by the licensee within 30 days after such revocation; otherwise the fee shall not be refunded.
The Clerk of the Village is charged with the collection of the licenses provided for in this chapter, and applications for licenses, accompanied by the fee therefor, shall be filed with the Clerk of the Village. The Clerk shall prepare all blanks for applications and licenses and all books of account in connection therewith. All expenses in connection with the administration of this chapter shall, so far as possible, be charged against the funds collected under this chapter.
Every person licensed under the provisions of this chapter shall be subject to regulation, inspection, control and supervision under the general police power of the Village and all of the provisions of this Code or which may hereafter be adopted in aid of such police power and regulation. Each license shall be subject to suspension and revocation as provided in § 208-6.
No peddler, solicitor, traveling salesman or door-to-door vendor shall enter any private dwelling in the Village without being admitted into the same, nor shall be insist upon showing or selling his goods to any person therein after being told that such person does not wish to purchase them. He shall not refuse to leave the premises when requested, nor shall be otherwise vex or annoy any person.
Any person or firm who or which is found guilty of violating any provision of this chapter shall be subject to penalties as set forth in Chapter 55, Article I, General Penalty, of the Village Code.