[HISTORY: Adopted by the Township Board of the Township of Egelston as Ch. 10, Art. IV, of the 2006 Code of Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
SOLICITOR or CANVASSER
Includes partnerships, unincorporated associations, corporations or any other entity, whether for profit or nonprofit and whether a resident of the Township or not, traveling either by foot, wagon, automobile, truck, bus or any other type of vehicle or conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise, books or magazines, or personal property of any nature whatsoever for future delivery upon the sale thereof, whether or not such individual, partnership, unincorporated associations, corporations or any other entity, has, carries or exposes for sales, samples of such property, or whether he is collecting advance payment on such sales or not, and such definition shall further include any entity as above described, who for himself or itself hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel, lodginghouse, motel room, apartment, shop or any other place within the Township for the sole purpose of exhibiting samples and taking orders for future delivery. In other words, the term "solicitor" includes the term "canvasser."
No such entity shall engage in the business of soliciting or canvassing within the Township without first obtaining a license therefor. The said license shall be reviewed by the Township Supervisor and shall be approved by him. Any person who engages in soliciting or canvassing as defined in this article, without such license being issued, is hereby declared to be engaging in a nuisance and is in violation of this article, for which penalties shall be incurred as hereinafter set forth.
The license application shall be in a form authorized by the Township Board and may be revised from time to time, on recommendation of the Supervisor, without further action by the Township Board. No application shall require any person to state information regarding his race, religious creed, ethnic background, nationality or color, and no such information shall be used in any way as a basis for the refusal of granting of a license. Said license application shall contain at least the following:
A. 
The name of the applicant, including any trade names, corporation names, or other assumed names or aliases.
B. 
The permanent home address or address of the main place of business of the applicant, and the full local address of the applicant, if any, or if different from the permanent address.
C. 
If an individual, the license applicant shall disclose the name and address of his employer and any other party for whom he solicits in the Township, together with the type of credentials in his possession, establishing the relationship between himself and the person upon whose behalf he acts.
D. 
A brief description of the nature of the business and of the items and goods to be sold, solicited or canvassed for.
E. 
If the licensee will be taking orders for future delivery of goods, the place where the goods or property are proposed to be sold, solicited or orders taken for are manufactured or produced, where such products or goods are located at the time the said application is filed, and the proposed method of delivery.
F. 
A photograph of the applicant, taken within 60 days immediately prior to the date of filing the application, which picture shall be at least two inches by two inches in size, showing the head and shoulders of the applicant in a clear manner.
G. 
Such evidence as from time to time is required by the Supervisor, evidencing the good character and business responsibility of the applicant as well as any entity the applicant represents shall be requested.
A letter as to whether or not the applicant has been convicted of any crime, the nature of the said offense and the punishment or penalty given therefor may be required by the Supervisor as a condition of issuing the license.
Upon filing the application for a soliciting license, the applicant shall also deposit with the Township Supervisor or Clerk the sum as established by resolution. In no case, however, shall the fee for a soliciting and canvassing license be so applied as to occasion an undue burden on interstate commerce or discriminate between applicants on the basis of race, creed, color or national origin.
The Supervisor may consider the information supplied by the applicant and any other information that he deems relevant to the application for a license, and may examine the applicant for said purpose, before issuing the said license. The Supervisor shall not deny the license without just cause but may deny the license when it appears from information reasonably available to the Supervisor that the applicant may be engaging in practices which are illegal in the state, may be exhibiting obscene material, may be soliciting for the sale of merchandise which is of lesser quality or type than that advertised and promoted by the solicitor or canvasser, may be engaged in fraudulent practice or misrepresentation, or that incomplete and unreliable arrangements have been made for the continued delivery of products, either by subscription or later deliveries, after payment of all or part of the purchase price has been made by the proposed purchasers. The Supervisor may deny the license for other grounds that are deemed reasonably related to the health, safety and welfare of the residents of the Township, in relation to the activities being carried on by the solicitors or canvassers applying for said license.
After the granting of a license, if upon proper investigation and the receiving of reasonable and competent evidence results in a determination by the Supervisor that the licensee is carrying on the solicitation and canvassing allowed by the license in a manner detrimental to the health, safety and welfare of the residents of the Township, or in contradiction to the standards set forth in the previous section, the Supervisor may issue a notice of revocation of the said license. In the event of said notice, the licensee shall be entitled to a hearing before the Township Board regarding the revocation of the said license. The said hearing may, at the option of the licensee, be recorded. The Township Board shall have the option to use recording equipment or a court reporter, as it determines appropriate. In the event the licensee wishes to have the hearing recorded in a more expensive manner than that chosen by the Township Board, the said recording shall be at the licensee's expense. After such hearing, the Township Board may make a decision regarding the revocation of the license, either certifying to the Supervisor that it concurs and that the license revocation is approved by the Township Board, or that the Township Board recommends the re-issuance of the license, either on terms or by full re-instatement. Said hearing shall be held no later than five days after the Supervisor's initial action regarding revocation.
Persons under 18 years of age, when engaged in soliciting on foot in the neighborhood of their residence, under the direct supervision of any school or recognized charitable or religious organization, shall be exempt from the requirements of this article.