Ordinance 1983-10 ORDINANCE NO . /��3 -/0 AN
ORDINANCE PR60VIDIN FOR THE L=SING
AND REGULATION OF SOLICITORS, HAWKERS
AND ITINERANT MERCHANTS
WHEREAS , the City Counsel has considered it in
the best interest of the public health, safety and welfare
that identification be required of itinerant merchants,
hawkers and solicitors ; and
WHEREAS, it is considered in the best interests
of the UNITED CITY OF THE VILLAGE OF YORKVILLE that the
residents of said City need to be protected from fraudulent
practices and cheating or misrepresentation on the part
of certain of such hawkers, solicitors and itinerant merchants .
NOW THEREFORE, BE IT ORDAINED by the City Counsel
of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Illinois
as follows :
SECTION 1 : License required.
It shall be unlawful for any person, firm or
corporation to engage in the business of solicitor, hawker
or itinerant merchant of any merchandise, article or thing
without having first secured a license therefor.
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SECTION 2 : Definitions.
The term "hawker" , as used in this_ Ordinance,
means one who carries goods about and sells them by offering
them in the streets; his sales are not made from one established
spot, excepting where they are made in the street or other
public place, and he makes delivery at the time of. sale.
Whether or not he collects at the same time is immaterial.
The` term "solicitor" (also .called a c4nvasser) ,
as used in this Ordinance, means one who takes orders for
future deliveries or for .intangible services, or solicits
subscriptions in public places or from house to house, and
not from an established place on private premises (solicitation
of funds or orders by telephone is not considered canvassing
in the sense of the word) .
The term "itinerant merchant (also called transient
merchant or transient vendor) , as used in this Ordinance,
means one who sells commodities from private premises but
remains at one place for the purpose for temporary periods
only, generally not more than six weeks.
SECTION 3. Applications
Applications for such licenses shall be made
to the City Police Department located at 131 E . Hydraulic
Avenue , Yorkville, Illinois , or at any location to which
it is subsequently moved. The applicant shall give his
complete identification, his signature , the name of
his employer, if any, the nature of the products or services in which
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he is interested, the name of the manufacturers of such
products or of the organization which he is representing,
the description and number of vehicles , if any, intended
to be operated, his permanent address , and the proposed
method of operation in the City.
SECTION 4: Fee
The fee for such license shall be $15 . 00 for a license
which shall be good for 30 days .
Each applicant who shows evidence of good character
and who pays the fee provided for herein shall be furnished
a license , indicating that he or she has applied and showing
the dates covered by such license .
Each person must , at all times while hawking,
soliciting or carrying on a business as an itinerant merchant
in the City, carry upon his person the license , and the
same shall be exhibited by such licensee whenever he is
requested to do so by any police officer or by any person
solicited. Each person selling or hawking a product or service
for an applicant shall either submit a current photograph
or have a photograph of themself taken by the Yorkville Police
Department at the time of applying for a license hereunder.
No fee shall be charged of a solicitor, hawker or
itinerant merchant sponsored by or working for a religious ,
educational or charitable organization, where such organization
is entirely a non-profit organization.
No person shall be eligible to obtain a license
if they have been convicted of a felony, or any criminal
offense involving moral turpitude .
SECTION 5 : Street Sales
No hawker, solicitor or itinerant merchant shall
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ply his vocation on any street, sidewalk, park, parkway
or in any other public place unless his license specifies
that such activity in such public place is permitted thereunder.
SECTION 6 : Fraud.
Any licensed hawker, solicitor or Itinerant merchant
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who shall be juilty of any fraud, cheating or misrepresentation,
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whether through himself or through an employee, �while acting
as a hawker, solicitor or itinerant merchant in the City who
shall barter or sell any goods; merchandise or wares other
than those specified in his application for a license, shall
be deemed guilty of a violation of this Ordinance.
SECTION 7: R�tgocation.
Any�:I*uch license may be revoked by tee Mayor
or the Chief of Police because of any violatioY} :by the
licensee of this Ordinance, or of any other Ordinance of
the City, or of any State of Federal law, or whenever the
'icensee shall cease to possess the qualifications and
character required by this Ordinance for the original registration.
SECTION 8: Consent of occupant.
The pragtice of going in and upon private' residences
in the City by solicitors, hawkers and itinerant merchants
not having been requested or invited so - to do by the owner
or- owners, occupant or occupants of said private residences
for the purpose of soliciting orders for the sale of goods,
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wares and merchandise, and/or for the purpose of disposing
Of or hawking the same, is declared to be a nuisance .
SECTION 9 : Penalty
Any person, firm or corporation violating any
provision of this Ordinance , shall be fined not less than
$25 . 00 nor more than $500 . 00 for each offense , and a separate
offense shall be deemed committed on each day during or
on which a violation occurs or continues . The offense shall
be considered a petty offense .
SECTION 10 :
This Ordinance shall be in full force and effect
from and after its passage and publication as provided
by law.
SECTION 11 :
The effective provisions of Ordinances passed
heretofore and not inconsistent with the provisions of
this Ordinance are hereby expressly ratified, and all provisions
inconsistent herewith are expressly repealed.
PASSED this q'51J day of August A. D. , 1983.
(-14'Y CLERK
S I GNID AND APPROVED thi s q�s7`(-day of August
A . D. , 1983
MAYOR