The purpose of this chapter shall be to improve and promote
the health, safety and general welfare of the community, and the preservation
and protection of the property of the Village of Angola and its inhabitants,
by declaring and enforcing certain regulations and restrictions pertaining
to peddling and soliciting.
For the purpose of this chapter, the terms used herein are defined
as follows:
HAWKER or PEDDLER
Any person who engages in the business of selling or attempting
to sell, or soliciting orders for the sale of, any property or any
services by going from house to house, place of business to place
of business or in any public street or public place.
PERSON
Any individual, firm, partnership, corporation, unincorporated
association and any principal or agent thereof.
The hawking, peddling and soliciting of orders for the sale
of any personal property or any services within the Village of Angola
without having obtained a license therefor from the Village Clerk
of the Village is prohibited. The cost of such license shall be established
by resolution of the Village Board.
Upon receipt of the application and upon compliance with all
of the requirements of this chapter, the Village Clerk shall issue
a license to the applicant specifying the particular business authorized.
This license shall be nontransferable. It shall be in the continuous
possession of the licensee while engaged in the business licensed.
The license shall be produced upon the demand of any police or law
enforcement officer and shall be exhibited to each prospective buyer
or person solicited before making any offer or solicitation.
Every solicitor or peddler shall, at all times, while engaged
in soliciting and peddling within the Village, carry the permit upon
his person and shall exhibit the same upon request to all persons
solicited or to any police officer within the Village. No solicitor
or peddler shall engage in selling or offering for sale, or in seeking
or taking orders or contracts for, any goods, wares, merchandise,
article, device or subscription, nor shall any person use any vehicle
for soliciting or peddling other than the vehicle registered upon
his license.
A. A licensed person shall:
(1) Not willfully misstate any fact about any article offered for sale.
(2) Not willfully offer for sale any article of an unwholesome or defective
nature.
(3) Not call attention to his goods by blowing a horn, by ringing a bell
other than a house doorbell, by shouting or crying or by any loud
or unusual noise, except that peddlers of ice cream and ice cream
products for immediate consumption arc exempted from the foregoing
prohibition of the use of a bell.
(4) Not frequent any street so as to cause a private or public nuisance.
(5) Keep any vehicle or receptacle used by him in his licensed business
in a sound, clean and sanitary condition.
(6) Keep any edible articles offered for sale well protected from dirt,
dust and insects.
(7) Deliver to every person to whom a sale is made, or from whom an order
is taken, a legible written receipt, signed and dated by the licensee,
setting out the total price, a description of the goods or services
sold or ordered and a statement of any payment received by the licensee.
(8) Not enter upon any residential premises clearly displaying a sign
with letters at least one inch in height reading "Peddlers and Solicitors
Prohibited."
(9) Not sell or solicit except between the hours of 9:00 a.m. and 8:00
p.m. on weekdays and not on Sundays, except that this subsection shall
not be applicable to peddlers of ice cream and ice cream products
for immediate consumption and for peddlers selling at any event celebrating
Independence Day.
(10)
Leave all premises promptly upon request of any occupant of
such premises.
B. No license may be issued to any person under 18 years of age.
Each solicitor or peddler shall be issued a permit unless he
shall have been convicted of a crime involving moral turpitude, or
engaged in a business not permitted by law. This permit shall be valid
all days between the hours of 9:00 a.m. and 8:00 p.m., except Sundays,
from the date of issuance for a period of 90 days thereafter, which
permit shall not be transferable, but shall be revocable in the event
of any violation of the terms and conditions thereof.
In the event of the denial of a license to any applicant by
the Village Clerk, the applicant may request a hearing within a period
of 30 days after such refusal or denial. Such request shall be in
writing and shall be made to the Village Board and filed with the
Village Clerk within the period provided herein. The Village Board
shall hear such applicant's request for a review of the determination
of the Village Clerk at its next regularly scheduled meeting following
the filing of the application for review with the Village Clerk. The
Village Board may grant a license to the applicant if it should determine
that the refusal on the part of the Village Clerk was arbitrary or
erroneous. If the Village Board, after such hearing, shall determine
that the decision of the Village Clerk was justified under the circumstances,
the Board shall refuse such license. The decision on any such application
shall be rendered by the Village Board in writing within 30 days after
the hearing thereof and shall be entered in the minutes of the Village
Board.
Any act or omission prohibited by this chapter shall be a violation,
punishable by a maximum fine of $250 or by imprisonment for not more
than 15 days, or both.
In their interpretation and application, the provisions of this
chapter shall be considered to be minimum requirements to promote
and protect the public health, safety, comfort, convenience, prosperity
and other aspects of general welfare. Whenever any provision of this
chapter is in conflict with any other provision hereof or any other
statute, local ordinance or regulation covering any of the same subject
matter, the most restrictive or the one imposing the highest standard
shall govern.