HomeMy WebLinkAboutOrdinances - MC-07-914 - 06/04/2007 - AMEND AND UPDATE CHAPTER 19 SOLICITORS AND TRANSIEORDINANCE NO. MC-07- 914
An Ordinance Amending City of McHenry Municipal Code
Chapter 19 Solicitors and Peddlers
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, as follows:
SECTION 1: That Chapter 19 Solicitors and Peddlers of the City of McHenry
Municipal Code is hereby repealed in its entirety and replaced as follows:
MUNICIPAL CODE
CHAPTER 19
SOLICITORS AND TRANSIENT MERCHANTS*
(MC-93-604)
Sec. 19-1. Definitions.
Terms used in this Chapter shall mean as follows:
Peddling. The selling, bartering or exchanging or the offering for
sale, barter or exchange any tangible personal property or
service upon or along the streets, highways or public places
of the City, where the person does not own or lease for a
term of at least 6 months the property from which the
selling, bartering or exchanging business is conducted.
Transient
Merchant. A person, association, corporation or any entity engaged in
peddling.
Residence. Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of
building or structure.
Soliciting. Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any
charitable or non-profit association, organization,
corporation or project.
Solicitor. A person, association, corporation or any entity engaged in
soliciting who represents a charitable or non-profit
organization.
Sec. 19-2. Number of Licensees Permitted.
The City hereby creates twelve (12) transient merchant's peddlers licenses to be
annually issued within the City. No more than ten (10) of these transient merchant's
peddlers licenses shall be issued for peddling on or adjacent to the Riverwalk. No
peddling shall be permitted from motor vehicles
Sec. 19-3. License required.
1) Solicitors. No license shall be required for a solicitor as defined herein, provided,
that the charitable or non-profit organization has a license on file with the office of the
Secretary of State.
2) Transient Merchants. It shall be unlawful for any transient merchant to engage in
peddling upon any public right-of-way or property within the City without first having
obtained a license to do so from the City. A transient merchant's license shall not be
issued for any peddling, as defined herein, on any property that has a residential zoning
classification, unless the transient merchant obtains a Temporary Use permit as defined in
the Zoning Ordinance.
Sec. 19-4. License application required; contents.
An application for a transient merchant's peddling license shall be made to the
City Clerk upon forms provided by the City. Such applications shall be sworn to and filed
with the City Clerk at least 15 days prior to the time of which the license applied for shall
become effective. The Assistant City Administrator may, for good cause shown, allow
the filing of an application less than 15 days prior to the effective date of the license
applied for. The application shall contain the following information, or in lieu thereof, a
detailed statement of the reason or reasons why such information cannot be furnished:
(a) The name, business and residence addresses and date of birth of the person
applying for the license. For transient merchants, an Illinois retailer's
occupation tax number is required;
(b) If the applicant is an organization, the names and addresses of the
organizations' principal officers and managers;
(c) The purpose for which such peddling is to be made and the use or
disposition to be made of any receipts;
(d) The name, address and birth date of the person or persons who will be in
direct charge of conducting the peddling; the names of all promoters
connected or to be connected with the proposed peddling; and the year,
make, color, plate number and State of registration of the vehicle(s) being
used in the peddling;
(e) The hours of the day when such peddling will be made giving the
preferred dates for the beginning and ending of such peddling;
(f) The proposed location for the peddling. (Note. No Transient Merchants
shall be located adjacent to or within 250-feet of an existing merchant or
business in the City selling the same or similar items as determined by the
Assistant City Administrator;
(g) A statement that if the license is granted, it will not be used or represented
in any way as an endorsement by the City or by any of its departments or
officers;
(h) Whether the applicant or the transient merchant on its behalf pursuant to
the license applied for, has ever been convicted of a violation of any
ordinance of any municipality regarding peddling;
(j) Whether the applicant or any person peddling on its behalf pursuant to the
license applied for has ever been convicted of committing a felony or any
law involving dishonesty under the laws of any state or a federal law of
the United States;
(k) Such other information as may be required by the Assistant City
Administrator to enable him to determine the kind and character of the
proposed peddling and whether such peddling is adverse to the public
welfare.
Sec. 19-5. Licensing standards.
When considering whether to issue a transient merchant's peddling license, the
Assistant City Administrator shall consider the following:
(a) Whether the applicant is of good character and has a reputation for
honesty and integrity. In the event the applicant is not an individual
person, whether every member, managing officer or agent of the applicant
is of good character and has a reputation for honesty and integrity.
(b) Whether control and supervision of the peddling will be under a
responsible and reliable person. Supervision must be by persons who are
at least eighteen (18) years of age.
(c) Whether the applicant has been convicted of any crimes involving
dishonesty or fraudulent transactions or enterprises.
(d) Whether the applicant has previously been issued a peddler or solicitors
license within the City failing to return the license to the City upon its
expiration.
Sec. 19-6. Licensing Preferences.
(a) Where peddling is to be conducted in the public places of the City,
licenses may be issued in the following order of preference with respect to
pending applications:
First: To those applicants who own or operate a business within
the City of McHenry. Local business applications shall
have preference over out-of-town businesses.
Second: Based on the selected location of such peddling. Two (2)
licenses shall be issued for City-wide peddling activity,
whereas ten (10) licenses shall be reserved for Riverwalk
peddling activity. The Riverwalk shall have ten (10)
designated areas where such peddling activity may take
place. These designated areas are on a first come, first
served basis.
Third: Based on the desired goods for sale. No more than two (2)
licenses shall be issued for the Riverwalk to transient
merchants providing the same or similar goods for sale,
[i.e. no more than two (2) apparel merchants, or no more
than two (2) flower merchants].
Sec. 19-7. License fee.
Before any peddler's license is issued, the following fees shall be paid to the City:
Basic transient merchant license fee:........... $100.00
Additional fee for each person authorized to peddle: $5.00
Sec. 19-8. License duration.
No license may grant the right to peddle longer than thirty (30) days from its date,
unless it is on the Riverwalk. A license may be granted for a period of up to one (1) year
from its date for the Riverwalk transient merchants.
Sec. 19-9. License non -transferable; return on expiration.
Any license issued under this Chapter shall be non -transferable and shall be
returned to the City Clerk within two (2) days of its date of expiration, together with all
facsimile copies thereof.
Sec. 19-10. Fraud and misrepresentation.
It shall be unlawful for any peddler to engage in any fraud, cheating or
misrepresentation, whether through himself or through an employee, while peddling in
the City.
Sec. 19-11. Altering information in application.
If, while any application is pending, or during the term of any license granted
thereon, there is any change in information given in the application, the applicant shall
notify the City Clerk in writing thereof within twenty-four (24) hours after such change.
Sec. 19-12. Solicitor not to enter or remain on premises of another after notice.
(a) No solicitor shall enter upon the land, or any part thereof, of another after
receiving notice, prior to such entry, from the owner, occupant or person entitled to
possession of the premises, that there are to be no solicitors. Nor shall a solicitor remain
upon the land of another, after receiving such notice.
(b) A solicitor shall be deemed to have received notice from the owner, occupant
or person entitled to possession of the premises, within the meaning of this Section, when
he has been notified personally, either orally or in writing, or if a printed or written notice
stating "No Solicitors" has been conspicuously posted or exhibited at the main entrance
to the land or premises.
(c) It is hereby declared to be unlawful and shall constitute a nuisance for any
person to go upon any premises and ring the doorbell upon or near any door, or create
any sound in any other manner calculated to attract the attention of the occupant of any
premises, for the purpose of securing an audience with the occupant thereof and engage
in soliciting in defiance of the notice exhibited at any premises in accordance with the
provisions of this Section.
(d) Any solicitor who has gained entrance to any residence, whether invited or
not, shall immediately and peacefully depart from the premises when requested to do so
by the occupant.
Sec. 19-13. Hours of solicitation in residential areas.
It is hereby declared to be unlawful and shall constitute a nuisance for any person,
whether licensed pursuant to this Chapter, or not, to go upon any premises and ring the
doorbell upon or near any door of a residence located thereon, or rap or knock upon any
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 soliciting, prior to 9:00 a.m. or after 9:00 p.m. on any weekday, or
any time on a Sunday or on a state or national holiday.
Sec. 19-14. Hours of Peddling.
It is hereby declared to be unlawful and shall constitute a nuisance for any person,
whether licensed pursuant to this Chapter, or not, to conduct peddling activities prior to
9:00 a.m. or after 9:00 p.m. on any weekday or weekend.
Sec. 19-15. Appeal.
Any applicant for a transient merchant's license, whose application is denied by the
Assistant City Administrator, may seek review of such denial within fifteen (15) days
thereof before the City Council. This review process must be exhausted before suit is
filed to compel approval of the application.
Sec. 19-16. Penalty.
Any person, firm or corporation found in violation of any section of this Chapter
19 of the City Code shall be subject to a fine not less than $100, plus attorneys fees
incurred by the City in prosecution of all such violations.
Cross Reference - Peddling alcoholic liquor prohibited. Sec. 4-19; soliciting alms
or contributions in parks, Sec. 16-32; peddling in parks, Sec. 16-40.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or
provision of this ordinance shall be adjudged by any Court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or
nullify the remainder thereof, which remainder shall remain and continue in fi.ill
force and effect.
SECTION 3: All ordinances or parts thereof in conflict are hereby
repealed to the extend of such conflict.
SECTION 4: This ordinance shall be in full force and effect upon its
passage, approval and publication in pamphlet form as provided by law.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Not Voting: None.
Abstaining: None.
Absent: None.
Passed and approved this 4 h day of June, 2007.
APPROVED:
Mayor
ATTEST:------ -- Len "-- ------ ----------
t City Cl
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