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Ordinance 1975-18 FHD:GKH ORDINANCE NO. , AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF SOLICITORS, HAWKERS AND ITINERANT MERCHANTS WHEREAS, the City Council has considered it in the best interests 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 Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE , Illinois as follows : SECTION l: 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. 19-1975 -2- SECTION 2 : Definitions. The term "hawker" , as used in this Ordinance, means one who carries goods about and sells them by crying 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 canvasser) , 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 Village Clerk. 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 -3- 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 an annual license. 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 shall, 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. 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. SECTION 5 : Street sales. No hawker, solicitor or itinerant merchant shall -4- 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 who shall be guilty of any fraud, cheating or misrepresentation, 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: Revocation. Any such license may be revoked by the Mayor or the Chief of Police because of any violation by the licensee of this Ordinance, or of any other Ordinance of the City, or of any State of Federal law, or whenever the licensee shall cease to possess the qualifications and character required by this Ordinance for the original registration. SECTION 8: Consent of occupant. The practice 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 , -5- 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 $50 . 00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 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 2L--day of , A.D. 1975. City Perk SIGNED and APPROVED this day of �� � A.D. 1975. Mayor