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HomeMy WebLinkAboutOrd 3403 03/06/1984ORDINANCE NO. 3403 AN ORDINANCE TO ANL~ID ARTICLE IIVIII ENTITLED "VENDORS° SOLICITORS. TOBACCO DEALERS AND OTitERS ENGAGED IN RETAIL SALES AI~ SERV1CEs~ OF CHAPTER II OF ~ VILLAGE CODE OF ~T PROS~, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES 6th DAY OF MARCH , 1984. Published in pamphlet [o£m by autho£[ty o[ the coEpoEate autho£[ties o[ the Villaqe o[ Nount P£ospect. Illinois the 9th day of MARCH . 1984. · 098R ~ ....... ORDINANCE NO. 3403 AN ORDINANCE TO AI~END ARTICLE IlVIII ENTITLED 'VENDoRs, g0LiCi~0RS, ToBAcCO DEALERs AND OTHERS ENGAGED IN RETAIL SALES AND SERVICES" OF CHAPTER Il OF THE VILLAGE CODE OF I~OUNT PROSPECT' ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY. ILLINOIS: SECTION ONE: Article IXVIII entitled "Vendors. Solicitors, Tobacco Dealers and Others Engaged in Retail Sales and Services" of Chapter II of the Village Code of Mount Prospect. lllinois (1981) as amended is hereby rescinded in its entirety and a new Article IIVIll shall be substituted the£efo£ to read as follows: "ARTICLE IlVIII VENDoRS. SOLICITORS AND OTHERS ENGAGED IN RETAIL SALES AND SERVICEs SECTION: 11.2801 11.2802 11.2803 11.2804 11.2805 11.2806 11.2807 ll. Z808 11.2809 11.2810 11.2811 11.2812 11.2813 11.2814 11.2815 11.2816 Vendors; License Required Application for License Bond Investigation and Issuance of License License Fees Transfer of License Exhibition of License Loud Noises and Speaking Devices Use of Streets Inspections Revocation or Denial of License Solicitors: Registration Application for Reqist£ation Investigation and Issuance of Registration Certificate Limitations on Soliciting Revocation or Denial of Regist£ation Sec. 11.2801. Vendors; License Required. It shall be unlawful for any person to engage in the business of hawker, peddler, itinerant me£chant, transient vendor of merchandise as defined in A[tlcle I of this Chapter or of providing other retail sales or services within the corporate limits of the Village without fi[st obtaining a license therefor as provided he£ein. Sec 11.2802. Application for License. In addition to meeting the requirements contained in Chapter lo of this village Code with £espect to applying for and obtaining a license from the Village Cle£k. an applicant for a license required under this Article shall verify his application and shall provide the following: A brief desc£iption of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced o[ grown by the applicant. If employed, the name and address of the employer, together with c£edentials establishing the exact relationship. C. The length of time fo£ which the right to do business is desired. The place where the goods or property proposed to be sold. or orde£s taken for the sale thereof, are manufactured o£ produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. If a vehicle is to be used. a description of the same. together with liceese number or othe£ means of identification. The place or places, othe£ than the permanent place of business of the applicant where applicant within six (6) months next preceding the date of said application cooducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. A statement of the nature, character and quality of the goods, wares o£ merchandise to be sold or offered for sale by applicant in the Village; the invoice value of such goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or by sample, by direct sale. or by taking orders for future delivery: where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time said application is filed; and Credentials f£om the person for which the applicant proposes to do business, autho£izinq the applicant to act as such representative. Sec. 11.2803. Bond. Before any license applied for pursuant to Section 11.2802 shall be issued for engaging in the business of hawker, peddler, itinerant merchant or transient vendor of merchandise, such applicant shall file with the Village Clerk a bond running to the Village in the sum of one thousand dollars ($1.000.00) executed by the applicant, as principal, and two (2) sureties upon which service of process may be made in the State of Illiuois; said bond to be approved by the Village Attorney. conditioned that the said applicant shall comply fully with all of the provisions of the ordinances of the Villlaqe and the Statutes of the State of Illinois. requlating and concerning the sale of goods, wares and merchandise and will pay all fines or judgments rendered against said applicant fo£ any violation of Said ordinances or Statutes. or any of them. together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrep£eseutation or deception practiced gu any person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owne£s o£ by their servants, agents or employees, either at the time of making the sale or through any adve£tisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the Village to the use of the aggrieved person. Such bond must be approved by the Village Attorney. both as to form. and as to the responsibility of the sureties thereon. Sec. 11.2804. Investigation and Issuance of License. Sec. A. Upon the receipt of such application fo£ license as specified in Section ll. ZS0Z herein, the Village Clerk shall refer the original to the Chief of Police. who shall cause such investigation of the applicant's business and moral character to be made as is necessary for the protection of the public good. If. as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same. and return the said application to the Village Clerk. who shall notify the applicant that his application is disapproved and that no license will be issued. If. as a result of such investiqatlOno the character and business responsibility of the applicant a£e found to be satisfactory, the Chief of Police shall endorse off the application his approval and return the same to the Village Clerk. Upon payment of the license fee prescribed belowo the Village Clerk shall issue a license to the applicant. 11.2805. License Fees. The fee which shall be charqed by the Village Clerk for a license to engage in the business of hawker, peddler. itinerant merchant or transient vendor shall be seven dolla£s fifty cents ($7.50) per day; thirty seven dolla£s fifty cents ($37.50) per week; seventy five dollars ($75.00) per month; and one hundred fifty dollars ($150.00) per year. The annual fees for persons selling ciqaretteso ciga£s and/or tobacco at retail, whethe£ as a specialty o£ in conjunction with the providing of other retail sales or services, shall be thirty seven dollars fifty cents ($37.50). which fee shall be in addition to any other license fee provided in this Section. The annual fees for such other retail sales and service businesses regulated under this A£ticle (other than solicitors and canvassers) shall be determined as set forth in Article XXXIV of this Chapter. None of the license fees provided for by this A£ticle shall be so applied as to occasion an undue burden upon interstate comme£ce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Village Treasurer for an adjustment of the fee so that it shall not be discriminatory, unreasonable o£ unfair as to such commerce. Such application may be made before, at. o£ within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Treasure£ may deem necessary in order to determine the extent, if any. of such undue burden on such commerce. -3- The Treasurer shall then conduct an investigation. comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this Article is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant an amount that is fair. reasonable and nondiscriminatory, or. if the fee has already been paid. shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Treasurer shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by this Section. Should the Treasurer determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the Village or at the end of each three (3) month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual Iicense as prescribed in this Section. Sec. 11.2806. Transfer. No license shall be transferred without written consent from the Village Clerk as evidenced by an endorsement on the face of the license by the Village Clerk showing to whom the license is transferred and the date of the transfer. Sec. 11.2807. Exhibition of License. Vendors and peddlers are required to exhibit their licenses at the £equ£est of any citizen. Sec. 11.2808. Loud Noises and Speaking Devices. No licensee under this Article nor anyone in his behalf shall shout, make an outcry, blow a horn, £inq a bell o£ use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks o£ other public places of this Village, o£ upon any private premises in the said Village where sound of sufficient volume is emitted o£ produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, ware or merchandise which such licensee proposes to sell. Sec. 11.2809. Use of Streets. No vendor or peddler shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this Article. the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded o£ inconvenienced. Sec. ll.2810, inspections. It shall be the duty of the Director of Community Development and the Fire Prevention Bureau to inspect every premises housing a business providing retail sales and/or services licensed under this Article as well as any other premises used as a base of operations for any other business of hawker, peddler, itinerant merchant. and/or transient vendor licensed under this Article. which inspections shall take place as often as necessary to insure compliance with this Article and all other ordinances relating to businesses licensed hereunde£. Sec. ll. ZSII. Revocation or Denial of License. All licenses issued under this Article may be revoked by the Village Manager. or an application for issuance or renewal of such license may be refused by the Village Clerk, in the manner provided for such proceedings in Chapter l0 of this Village Code. Sec. 11.2812. Solicitors; Registration. It shall be unla%rEul for any person to engage in the business of soliciting or canvassing as defined in Article l of this Chapter upon any premises within the corporate limits o[ the Village wherein an owner or occupant has posted a sign upon or near the principal entrance inviting therein only solicitors who have registered with the Police Department without such solicitor first registering with the Police Department in the manner provided in this Article. Sec. 11.2813. Application for Reglst£ation. All applicants for registration to solicit or canvass upon premises within the Village. wherein an owner or occupant has posted a sign upon or near the principal entrance inviting therein only those solicito£s who have registered with the Police Department, shall execute an application blank at the office of the Chief of Police. which applicant shall truthfully state the information requested on the application, under oath. to-wit: Name and address of present place of residence and length of residence at such address; also business address if other than residence address; Address of place of residence during the past three (3) years if other than present address; C. Physical description of the applicant; Name and address of the person by whom the applicant is employed or represents and the length of time of such employment or £epresentation; Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in: F. Period of time for which the certificate is applied for; The date. or approximate date. of the latest previous £egistration application under this Article. if any; If a certificate of registration for the applicant or the organization he represents under this Article has ever been denied or revoked, a statement to that effect and the reasons therefor; - 5- If the applicant has ever been convicted of a violation of any of the provisions of this Article o£ the provisions of any other municipality regulating soliciting, a statement to that effect with particulars: and If the applicant has ever been convicted of the commission of a felony under the laws of the State of Illinois or any other State of Federal laws of the United States. a statement to that effect with particulars. Sec. 11.2814. Investigation and Issuance of Registration Certificate. Within 72 hours of the receipt of an application for registration the Chief of Police shall complete his investigation and shall issue a Certificate of Registration to each applicant found to be qualified. The Registration Certificate shall state the expiration date thereof. No Certificate person who has under the laws or Federal law of the date of of Registration shall be issued to any been convicted of the commission of a felony of the State of Illinois or any other State of the United States. within five (5) years the application: nor to any person who has been convicted of a violation of any of the provisions of this Article. nor to any person or organization whose certificate of registration issued or applied for hereunder has previously been revoked or denied as herein provided. No Certificate pt Registration shall be issued to any person or organization whose application, upon oath. contains false material information or statements. The Chief of Police shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, of all certificates of registration issued under the provisions of this Article. and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, shall be identified with the duplicate number of the applicatlon upon which it was issued. Sec. 11.2815. Limitations on Soliciting. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Article or not. to go upon any premises and ring the door bell upon or near any door el 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 as herein defined, prior to nine o,clock (9:00) A.M. or after nine o'clock (9:00) P.M. of any weekday, or at any time on a Sunday. or on a State or National Holiday. or in violation of a notice sign located upon or near the entrance of any premises or an oral notice of the occupant that solicitors are not invited, as provided in Article III Of Chapter 23 of this Village Code. Sec. 11.2816. Revocation or Denial of Registration. Any certificate of registration issued hereunder shall be revoked by the Chief of Police if the holder of the certificate is convicted of a violation of any of the provisions o~ this Article, or has made a false material statement iu the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this Article. Immediately -6-- pon such revocation, written notice thereo[, shall be qiven by the Chie[ o[ Police to the holde£ o[ the certificate in person or by certified U.S. mail addressed to his or her residence address set [orth in the application. Immediately upon the giving of such notice, the certificate o[ registration shall become null and void. Any person or organization whose Certificate of Registration has been revoked as provided herein, shall denied any subsequent Certificate of Registration.' be SECTION TWO: This Ordinance shall be in full fo£ce and effect upon its passage, approval, and publication in pamphlet form in accordance with law. PASSED and APPROVED this 6th day of March 1984. AYES: NAYS: ABSENT: Arthur, Van Gee~ Wattenber9 None Farley, Floros, Murauskis ATTEST: Village Clerk V [ I laqe-}Pres ident - 7 -