HomeMy WebLinkAboutOrdinances - MC-93-604 - 11/03/1993 - Ch 19 Solicitors and PeddlersORDINANCE NO. MC-93-604
AN ORDINANCE AMENDING CHAPTER 19, SOLICITORS AND
PEDDLERS, OF THE CITY OF McHENRY MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS, as follows:
SECTION 1. That Chapter 19 of the City of McHenry Municipal Code
shall be amended to read as follows:
"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 of any
tangible personal property or service upon or
along the streets, highways or public places
of the City.
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 represent a
charitable or non-profit organization which is
named on a list of such organizations on file
in the office of the Secretary of State.
Sec. 19-2. License required.
It shall be unlawful for any solicitor to engage in soliciting or
any peddler 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 peddler's license shall not be issued for any
peddling, as defined herein, on any property that has a residential
zoning classification.
Sec. 19-3. License application required; contents.
An application for a solicitor's or peddler's 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 Clerk 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, social security
number and date of birth of the person applying for the
license. If applying for a peddler's license, an Illinois
retailer's occupation tax number is required;
(b) If the applicant is an organization, the names and residence
addresses or the organizations' principal officers and
managers;
(c) The purpose for which such solicitation or peddling is to be
made and the use or disposition to be made of any receipts;
(d) The names and addresses of the person or persons by whom the
receipts of such solicitations or peddling, shall be disbursed;
(e) The name, address and birth date of the person or persons who
will be in direct charge of conducting the solicitation or
peddling; the names of all promoters connected or to be
connected with the proposed solicitation or peddling; and the
year, make, color, plate number and State of registration of
the vehicle(s) being used in the solicitation or peddling;
(f) The hours of the day when such solicitations or peddling will
be made giving the preferred dates for the beginning and
ending of such solicitation or peddling;
(g) A statement to the effect 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 person soliciting or peddling
on its behalf pursuant to the license applied for, has ever
been convicted of a violation of any ordinance of any
municipality regarding soliciting or peddling;
(i) Whether the applicant, or any person soliciting or peddling
on its behalf pursuant to the license applied for has ever
been convicted of the commission of a felony under the laws
of any state or a federal law of the United States;
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(j) A certified copy of the resolution or letter on organization
or company letterhead authorizing such solicitation or
peddling; the certification shall be by the officer having
charge of the organization's records;
(k) If the applicant is a solicitor, and if requested by the City
Clerk, a letter from the Illinois Attorney General certifying
it is a bona fide charitable organization;
(1) Such other information as may be required by the City Clerk
to enable the Clerk to determine the kind and charactor of
the proposed solicitation or peddling and whether such
solicitation or peddling is not adverse to the public welfare.
Sec. 19-4. Licensing standards.
When considering whether to issue a license, the City Clerk shall
consider the following:
(a) No more than two solicitor's licenses in residential areas
shall be issued for the same month for which the application
has been made.
(b) Where solicitation or peddling is to be conducted in the
public places of the City, two licenses may be issued in the
following order of preference with respect to pending
applications:
First: To those applicants whose solicitation request is
coordinated with a national or statewide
financial drive. The following are illustrative
of such drives: Rotary Club, Easter Seal, United
Way, Poppy Day, Salvation Army Donut Day, Kiwanis
Peanut Day, Lion's Candy Day and Knights of
Columbus Tootsie Roll Day.
Second: To such other persons, organizations or groups as
may be approved by the City Clerk.
(c) 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.
(d) Whether control and supervision of the solicitation or
peddling will be under a responsible and reliable person.
Supervision must be by persons who are at least 18 years of
age.
(e) Whether the applicant has engaged in any fraudulent
transaction or enterprise.
(f) No solicitation or peddling shall be permitted of persons in
motor vehicles.
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Sec. 19-5. License fee.
Before any peddler's license is issued, the following fees shall be
paid to the City Clerk:
Basic license fee: . . . . . . . . . . . . . . . . . . $50.00
Additional fee for each person authorized to peddle: . $5.00
Sec. 19-6. License duration.
No license may grant the right to solicit or peddle longer than 30
days from its date, although the City Clerk may extend the license for
not more than 30 days upon a showing that unnecessary hardship would be
created by such failure to extend.
Sec. 19-7. 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 2 days of its date of
expiration, together with all facsimile copies thereof.
Sec. 19-8. Fraud and misrepresentation.
It shall be unlawful for any solicitor or peddler to engage in any
fraud, cheating or misrepresentation, whether through himself or through
an employee, while soliciting or peddling in the City.
Sec. 19-9. 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 24 hours after such change.
Sec. 19-10. 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 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 attention of the occupant of any premises, for
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the purpose of securing an audience with the occupant thereof and engage
in soliciting in defiance of the notice exibited 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. 19-11. 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. 19-12. Appeal.
Any applicant for a solicitor's license or a peddler's license, whose
application is denied by the City Clerk, may seek review of the Clerk's
denial within 15 days thereof before the City Council. This review
process must be exhausted before suit is filed to compel approval of the
application."
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. Any person, firm or corporation violating any provision
of this Ordinance shall be fined not less than Twenty Five Dollars
($25.00) 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 4. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall be in full force and effect upon its
passage, approval and publication in pamphlet form (which publication is
hereby authroized) as provided by law.
PASSED and APPROVED this 3rd day of November, 1993.
AYES: Baird, Lawson, Bates. Locke, Bolger
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None �9
ATTEST : �� (�ltiD
Mayor
City Cler