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HomeMy WebLinkAboutOrdinances - MC-08-954 - 02/11/2008 - AMEND CH 19 SOLICITORS AND PEDDLERSORDINANCE NO. MC-08- 954 An Ordinance Amending the 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COUNTY, as follows: SECTION 1: That Chapter 19 Solicitors and Peddlers of the City of McHenry Municipal Code is hereby repealed in its entirety and replaced with the following language: MUNICIPAL CODE CHAPTER 19 SOLICITORS AND TRANSIENT MERCHANTS* (MC-93-604; MC-07-914) Sec. 19-1.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 association, organization, corporation or project, except for the sale of books, periodicals and other publications to be delivered at a date later than that of the sale or offer of sale. Solicitor. A person, association, corporation or any entity engaged in soliciting. 1 Insurance Company. See the definition of "Company" as given in the Illinois Insurance Code, 215 ILCS 5/2(e). Sec. 19-2. Insurance Companies Exempt. Nothing in this Chapter shall be applied so as to impose any fee on an insurance company or any agent or employee thereof. All other provisions of this Chapter, including penalty provisions, shall nonetheless apply in full force to insurance companies and their agents and employees to the extent permitted by the Illinois Insurance Code. Sec. 19-2-19-10. Reserved. * Cross Reference - Peddling alcoholic liquor prohibited. Sec. 4-19; soliciting alms or contributions in parks, Sec. 16-32; peddling in parks, Sec. 16-40. ARTICLE 1. TRANSIENT MERCHANTS Sec. 19-11. Number of Licensees Permitted. The City hereby creates twelve transient merchant's peddlers licenses to be annually issued within the City. Ten 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. 19-12. License required. 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. 19-13. 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 City 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 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 City Administrator to enable them to determine the kind and character of the proposed peddling and whether such peddling is adverse to the public welfare. Sec. 19-14. Licensing standards. When considering whether to issue a transient merchant's peddling license, the City 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. 3 (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 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. 19-15. Licensing Preferences. (a) Where peddling is to be conducted in 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 licenses shall be issued for City-wide peddling activity, whereas ten licenses shall be reserved for Riverwalk peddling activity. The Riverwalk shall have ten 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 licenses shall be issued for the Riverwalk to transient merchants providing the same or similar goods for sale, [i.e. no more than two apparel merchants, or no more than two flower merchants]. Sec. 19-16. 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. 19-17. License duration. 4 No license may grant the right to peddle longer than thirty days from its date, unless it is on the Riverwalk. A license may be granted for a period of up to one year from its date for the Riverwalk transient merchants. Sec. 19-18. License non -transferable; return on expiration. Any license issued under this Article shall be non -transferable and shall be returned to the City Clerk within two days of its date of expiration, together with all facsimile copies thereof. Sec. 19-19. 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. 19-20. 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 hours after such change. Sec. 19-21. Transient Merchant not to enter or remain on premises of another after notice. (a) No transient merchant/peddler 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 transient merchant/peddler remain upon the land of another, after receiving such notice. (b) A transient merchant/peddler 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/Peddlers" 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 transient merchant/peddler 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. 19-22. 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. 19-23. Appeal. Any applicant for a transient merchant's license, whose application is denied by the City Administrator, may seek review of such denial within fifteen days thereof before the City Council. This review process must be exhausted before suit is filed to compel approval of the application. Sec. 19-24. Penalty. Any person, firm or corporation found in violation of any section of this Article 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. Sec. 19-25-19-30. Reserved. ARTICLE 2. SOLICITORS Sec. 19-31. Number of Permits Allowed. The City hereby allows a maximum of twenty-four solicitor's permits to be issued annually within the City. A maximum of two solicitor's permits shall be issued per calendar month with no more than one allowed per weekend within the City. No solicitation shall be permitted from motor vehicles. Sec. 19-32. Permit required. It shall be unlawful for any solicitor to engage in soliciting upon any public right- of-way or property within the City without first having obtained a permit to do so from the City. Sec. 19-33. Permit application required; contents. An application for a solicitor's permit shall be made to the City Clerk upon forms provided by the City. Such applications shall filed with the City Clerk at least 15 days prior to the time of which the permit applied for shall become effective. The City may, for good cause shown, allow the filing of an application less than 15 days prior to the effective date of the permit applied for. The application shall contain the following information: 6 (a) The name of the organization, contact name, address and telephone number of the person applying for the permit; (b) The purpose for which such solicitation is to be made and the use or disposition to be made of any receipts; (c) The hours of the day when such soliciting will be made giving the preferred dates for such solicitation; (d) Such other information as may be requested by the City. Sec. 19-34. Soliciting Permit Preferences. (a) Solicitation Permits shall be issued on a first -come first -served basis. (b) No more than two solicitation permits shall be issued in any given calendar month. (c) No more than one solicitation permit allowing soliciting to be conducted in public places in the City shall be issued on any given weekend. Such permits allowing soliciting to be conducted in the public places of the City may be issued in the following order of preference with respect to pending applications: First: To those applicants who have a not -for -profit base or site within the City of McHenry. Local not -for -profit organization applications shall have preference over out-of- town businesses. Second: To those applicants not having a base or site within the McHenry city limits. Sec. 19-35. Permit fee. No permit fee shall be required for a solicitor's permit. Sec. 19-36. Permit duration. The terms of the permit duration shall be clearly stated on the permit. Sec. 19-37. Permit non -transferable. Any permit issued under this Article shall be non -transferable. Sec. 19-38. Fraud and misrepresentation. It shall be unlawful for any solicitor to engage in any fraud, cheating or misrepresentation, while soliciting in the City. Sec. 19-39. 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/Peddlers" 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. 19-40. Hours of Soliciting in a public place. It is hereby declared to be unlawful and shall constitute a nuisance for any person to conduct solicitation activities prior to 9:00 a.m. or after 9A9 7:00 p.m. on any weekday or weekend. Sec. 19-41. Hours of solicitation in residential areas. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether permitted pursuant to this Article, 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 7:00 p.m. on any weekday, or any time on a Sunday or on a state or national holiday, during which no solicitation is permitted. Sec. 19-42. Appeal. Any applicant for a solicitor's permit, whose application is denied by the City may seek review of such denial within fifteen days thereof before the City Council. This review process must be exhausted before suit is filed to compel approval of the application. Sec. 19-43. Penalty. Any person, firm or corporation found in violation of any section of this Article of the City Code shall be subject to a fine not less than $100, plus attorney's fees incurred by the City in prosecution of all such violations. 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 full force and effect. SECTION 3: All ordinances or parts thereof in conflict are hereby repealed to the extent 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, GLAB, SCHAEFER, MURGATROYD, '011MMER, PETERSON CONDON Voting Nay: NONE Not Voting: NONE Abstaining: NONE Absent: NONE Passed and approved this 11 T H th day of F E B R U A RY 2008. APPROVED:` Mayor ATTEST: ity Clerl 10