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HomeMy WebLinkAboutOrdinances - MC-82-238 - 07/19/1982 - Ch 19 Solicitors and Peddlers RegsAN ORDINANCE ORDINANCE NO._ MC-82-23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Chapter 19 of the Municipal Code, City of McHenry, Illinois, be and it is hereby amended to read as follows: SECTION 19-1 DEFINITIONS. As used in this chapter, the following terms shall have the meanings ascribed to them: "Residence" shall mean and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure. "Soliciting" shall mean and include any one or more of the following activities: (a) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, ser- vices of any kind, character or description whatever, for any kind of consideration what- ever; or (b) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or (c) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or (d) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corp- oration or project. "Solicitor" shall mean a person, association, corporation or any entity engaged in soliciting. Solicitors shall be divided into two (2) classes, as follows: (a) Class A Solicitors. Class A solicitors are those solicitors who represent those charit- able or nonprofit organizations which are named on a list of such organizations on file in the office of the Secretary of State. (b) Class B solicitors. Class B solicitors are those solicitors which are not class A solici- tors. SECTION 19-2 LICENSE REQUIRED. It shall be unlawful for anyone to engage in soliciting at any residence or upon any public right of way or property within the City of McHenry without first having obtained a lic- ense to do so from the City of McHenry. SECTION 19-3 LICENSE APPLICATION REQUIRED; CONTENTS. An application for a license to solicit as provided in Section 19-2 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 fifteen (15) days prior to the time of which the license applied for shall become effective; provided, however, that the City Clerk may for good cause shiown allow the filing of an application less than fifteen (15) days prior to the effective date of the license applied for. The application herein required 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 social security number of the person applying for the license; (b) If the solicitor is an organization, the names and residence addresses of the organization's principal officers and managers and a copy of the resolution, if any, authorizing such solicitation, certified to as a true and correct copy of the original by the officer having charge of the organization's records; (c) The purpose for which such solicitation is to be made; If the applicant is a Class A solicitor, the total amount of funds proposed to be raised thereby and the use or disposition to be made of any receipts therefrom; (d) If the applicant is a Class A solicitor, the names and addresses of the person or persons by whom the receipts of such solicitations shall be disbursed; (e) The name and address of the person or persons who will be in direct charge of conducting the solicitation and the names of all promoters connected or to be connected with the proposed solicitation; -2- (f) The hours of the day when such solicitations will be made giving the preferred dates for the beginning and ending of solicitation; (g) If the applicant is a Class A solicitor, a statement that the actual cost of the solicitation will not exceed twenty-five (25) per cent of the total amount to be raised; (h) A statement to the effect that if a license, is granted, it will not be used or represented in any way as an endorsement by the City or by any department or officer thereof. (i) Whether the applicant, or any person solicit- ing on its behalf pursuant to the license applied for hereunder, has ever been convicted of a violation of any ordinance of any munici- pality regulating soliciting. (j) Whether the applicant, or any person solicit- ing on its behalf pursuant to the license applied for hereunder has ever been convicted of the commission of a felony under the laws of the State of Illinois or any other state, or a federal law of the United States. (k) Such other information as may be required b�y the City Clerk to enable the Clerk to deter- mine the kind and character of the proposed solicitation and whether such solicitation is not inimical to the public welfare. Said application may be substantially the followings form: CITY OF McHENRY, ILLINOIS APPLICATION FOR LICENSE TO SOLICIT (1) Name of person, company or organization applying for permit: (2) Applicant's Business Address: (3) Applicant's Business Telephone: (4) Type of soliciting to be employed: (5) Solicitation period requested: (6) Residence address of person signing application. (7) Telephone number of person signing application. (8) Social Security Number of person signing application. -3- (9) If solicitor is an organization, the name, business and residence address, and business telphone number and title of its chief executive officer. (10) Information concerning person or persons supervising the solicitation activity: Name: _ Business and residence address: Date of Birth: _ Year and Make of Auto: _ Auto License Number: State: _ Social Security Number: Name: Business and residence address: Date of Birth: _ Year and Make of Auto: _ Auto License Number: State: Social Security Number: (11) Name, residence addresse, social security number and age of each person engaging in solicitation: (12) The purpose for which the solicitation is to be made: (13) To be answered (a) The total the solicitation. (b) The use or receipts: only by Class A Solitors: amount of funds proposed to disposition to be made by be raised by solicitation (c) The name and address of each person by whom the receipts will be disbursed: (d) State whether or not the actual cost of the solicitation will exceed twenty-five percent of the total amount raised. (14) If applicant is a company or organization, a letter, on said company's or organization's letterhead, auth- orizing the undersigned to sign this application, must be attached hereto. (15) If applicant is a Class A solicitor, and if the City Clerk requests it, a letter from the Attorney General of Illinois certifying it is a bona fide charitable organization must be attached hereto. -4- (16) State whether or not the applicant, or any person soliciting on applicant's behalf pursuant to the license applied for hereunder, has ever been convicted of a violation of any ordinance of any municipality regulating soliciting; if the answer is affirmative,, identify such person, municipality and furnish all details relating to such conviction. (17) State whether or not the applicant, or any person soliciting on applicant's behalf pursuant to the license applied for hereunder has ever been convicted of a felony; if the answer is affirmative, identify such person and furnish a certified copy of the judgment of conviction. The undersigned being first duly sworn on oath states that the answers and statements in the aforesaid appl- ication for license to solicit are true. signature of applicant position of person signing application) Subscribed and sworn to before me this day of , 19 Notary Public -5- SECTION 19-4 REFERRAL OF APPLICATION; STANDARDS FOR ISSUANCE. The City Clerk shall refer all applications for solicitation and tag day permits to the license committee of the City Council for review and consider- ation. Said committee shall make a recommendation to the City Council, either in favor of or against said application. Such permit shall thereafter be issued by the City Council if the City Council shall find the following facts to exist: (a) That all of the statements made in the application are true; (b) That the applicant has a good character and reputation for honesty and integrity, or if the applicant is not an individual person, that every member, managing officer or agent of the appli- cant has a good character or reputation for honesty and integrity; (c) That the control and supervision of the solicita- tion will be under responsible and reliable per- sons; (d) That the applicant has not engaged in any fraudulent transaction or enterprise; (e) That the solicitation will not be a fraud on the public; (f) That, where a Class A solicitation is to be conducted in the business areas of the City, no more than one tag day license has been previously issued for the same month for which the application has been made; (g) That the license committee recommendation has been made to the City Council not less than ninety (90) days prior to the date requested by the applicant; M (h) That, where Class A solicitation is to be conducted in the business areas of the City, licenses shall be issued in the following order of preference with respect to pending applications: First: To those applicants whose tag day or solicitation request is coordinated with a national or statewide financial drive. The following are illustrative of such drives: Rotary Club Easter Seal, Cancer Drive, Poppy Day, Salvation Army Doughnut Day, Kiwanis Peanut Day, Lion's Candy Day and K of C Tootsie Roll Day. Second: To such other organizations or groups as may be approved by the City Council. (i) That an officer or authorized representative of the applicant, or the person who is to be in direct charge of the aforesaid drive, has personally appeared in support of the application of the Council meeting at which the application was first presented for consideration or action. (j) That the solicitation is to be supervised by persons who are at least eighteen (18) years of age and that solicitors under the age of eighteen (18) years shall be in the constant sight of an adult supervisor; (k) That no solicitation shall be permitted of motor vehicle traffic. SECTION 19-5 CONTENTS OF LICENSE. The license granted under this article shall bear the name of the person or organization by whom the solicitation is to be made, the number of the license, the date issued, the dates within which the license holder may solicit, and a bold faced statement that the license does not constitute an endorsement by the City or by any of its departments, officers or employees of the purpose or of the person conducting the solicitation. All licenses must be signed by the City Clerk. Said license may be in substantially the following form: -7- CITY OF McHENRY, ILLINOIS SOLICITOR'S LICENSE NONTRANSFERABLE VOID AFTER date Name of Organization Conducting Solicitation Name of Individual Solicitor is hereby authorized of the Ordinances of from the day day of to solicit under the the City of McHenry, of 19 19 provisions Illinois, to the THE ISSUANCE OF THIS LICENSE DOES NOT CONSTITUTE AN ENDORSEMENT BY THE CITY OF McHENRY, OR BY ANY OF ITS DEPARTMENTS, OFFICERS OR EMPLOYEES OF THE PURPOSE OR PERSON CONDUCTING THIS SOLICITATION. DATE ISSUED: City Clerk SECTION 19-6 LICENSE FEE. Before any solicitor's license is issued hereunder, the following fees shall be paid to the City Clerk: (a) Class A Solicitors: Basic license fee: $ 0 _ Additional fee for each person authorized to solicit: $ 0 (b) Class B Solicitors: Basic license fee $ 50.00 _ Additional fee for each person authorized to solicit: $ 5.00 SECTION 19-7 LICENSE DURATION. No license may grant the right to solicit longer than thirty (30) days from its date, although the City Clerk may extend the license for not more than thirty (30) days upon a showing that unnecessary hardship would be created by such failure to extend. SECTION 19-8 LICENSE NONTRANSFERABLE; RETURN ON EXPIRATION. Any license issued under this article shall be nontransferable and shall be returned to the City Clerk within two (2) days of its date of expiration, together with all facsimile copies thereof. SECTION 19-9 FRAUD AND MISREPRESENTATION. It shall be unlawful for any solicitor to engage in any fraud, cheating, or misrepresentation, whether through himself or through an employee, while soliciting in the City, or to barter, sell or peddle any goods, wares, or merchandise other than those specified in his application for a license. SECTION 19-10 ALTERING INFORMATION IN APPLICATION. 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. SECTION 19-11 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 solicit- ors, or 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 atten- tion 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 pre- mises in accordance with the provisions of this division. (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. SECTION 19-12 HOURS OF SOLICITATION. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed 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 engaqe in soliciting, prior to 10:00 a.m. or after 7:00 p.m. of any weekday, or at any time on a Sunday or on a state or national holiday. SECTION 19-13 RECISSION OF CONTRACTS. Any contract entered into between an occupant of a residence in the City, and a solicitor acting in violation of any of the provisions of this chapter is declared to be against the public policy of the City and such contract shall be voidable at the option of the occupant who entered the contract, within sixty days from the date of execution thereof. The contract shall be voided by the occupant or occupants sending a letter to the solicitor or his principal stating in substance that the contract is voided or cancelled, and identifying the contract generally. No contract shall be voided unless the wares of the solicitor left with the occupant or occupants are returned, unless the contract does not give the address of the solicitor or his principal. -10- SECTION 2. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this 19 day of July , 1982. AYES: Nolan, Pepping, Datz, Harker, Wieser, Smith, Serritella, Meurer NAYS : None ABSTAINED: None ABSENT: None APPROVED this 19thday of July , 1982. ATTEST: CIT`YCL�Ek - 11 - E_ �/� Z " j