It shall be unlawful for any person to engage in the business of peddlers or solicitors, as defined in § 113.02 hereof, within the village without first obtaining a license therefore in compliance with the provisions of this chapter.

(Ord. 1026, passed 7-7-2016)  Penalty, see § 113.99

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   PEDDLER and SOLICITOR.

      (1)   Includes any person traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, from house to house, or from street to street in the village: transporting goods and offering and exposing the same for sale; offering services for sale; or soliciting orders for goods or services to be delivered in any way at a later time.

      (2)   The word PEDDLER shall not include: any person who plans to make or solicit sales only at specific business locations, as opposed to traveling door to door among business locations; or any bona fide not-for-profit organization.

   PERSON. Includes the singular and the plural and shall also mean and include any person, firm, corporation, or organization.

(Ord. 1026, passed 7-7-2016)

Applicants for license under this chapter shall file with the Village Clerk a sworn application in writing on a form to be furnished by the Village Clerk, which shall give the following information:

   (A)   Name and address of the applicant;

   (B)   A brief description of the nature of the business and the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant;

   (C)   If employed, the name and address of the employer, together with credential establishing the exact relationship;

   (D)   The length of time for which the right to do business is desired;

   (E)   If a vehicle is to be used, a description of the same, together with license number or other means of identification;

   (F)   A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

   (G)   A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore;

   (H)   Applicant’s retailer’s occupation tax identification number or a receipt showing that the applicant has already paid the retailer’s occupation tax on the goods to be sold;

   (I)   The number of individuals who will be covered by the license. (If more than the applicant himself or herself, then the information required in divisions (A), (E), (F), and (G) above must be supplied for each such person.);

   (J)   Proof of fingerprinting performed at “Live Scan” vendor;

   (K)   Proof that the fingerprint records referenced in division (J) above have been provided to the State Bureau of Investigation and applicant has paid all applicable fees to the state police; and

   (L)   State police criminal background check records have been submitted for approval by the Village Police Department upon application for applicant’s license hereunder. Applicants and license holders are under a continuing duty to update and/or amend their license applications during the period under which any license issued by the Village Clerk is effective. Thus, if the information submitted with respect to any item identified or outlined in this section changes, the applicant and/or license holder is required to provide the Village Clerk with updated information. Any failure to update and/or amend as described in this paragraph may subject the applicant and/or license holder to a revocation of the license or fines/penalties as described in § 113.99.

(Ord. 1026, passed 7-7-2016)  Penalty, see § 113.99

If, after an applicant follows the procedures outlined in § 113.03, and the issuance of a license is deemed appropriate, a license shall be issued by the Village Clerk, provided the applicant complies with the requirements of § 113.05 and pays the fee provided for in § 113.06. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be conducted, the expiration date of the license, the place where said business may be carried on under the license, and the name or names of the person or persons authorized to carry on the business. The Village Clerk shall either issue a permit or inform the applicant that his or her application is denied within one business day of the filing of the application. For clerical purposes only, charitable groups shall be issued licenses on blue card stock, and noncharitable groups shall be issued licenses on yellow card stock.

(Ord. 1026, passed 7-7-2016)

Before any license shall be issued under § 113.04, the applicant shall file with the Village Clerk an instrument nominating and appointing the Village Clerk as his or her true and lawful agent with full power and authority to acknowledge service of notice or process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license, which instrument shall also contain recitals to the effect that the applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for said license under this chapter, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the Village Clerk, as herein provided, the Village Clerk shall send to the licensee at his or her last known address, by registered mail, a copy of said process.

(Ord. 1026, passed 7-7-2016)

The fee for a license shall be calculated based on the length of time during which the license will be effective. The fees shall be calculated as follows: $100 for the license fee; and $50 per person per day.

(Ord. 1026, passed 7-7-2016)

The license issued under § 113.04 shall be valid only for the time stated in the application and shown on the license. Said license shall be nontransferable.

(Ord. 1026, passed 7-7-2016)

Peddlers are required to exhibit their licenses at the request of any citizen.

(Ord. 1026, passed 7-7-2016)  Penalty, see § 113.99

It shall be the duty of any police officer of the village to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his or her peddler’s license and to enforce the provisions of this chapter against any person found to be violating same.

(Ord. 1026, passed 7-7-2016)

   (A)   The license issued under the provisions of this chapter may be revoked by the Village Clerk, after notice and hearing, for any of the following causes:

      (1)   Fraud, misrepresentation, or false statement contained in the application for license;

      (2)   Fraud, misrepresentation, or false statement made in the course of carrying on his or her business as peddler;

      (3)   Any violation of this chapter;

      (4)   Any conviction involving moral turpitude; and/or

      (5)   Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

   (B)   Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be served upon the licensee at least two days prior to the date set for the hearing.

(Ord. 1026, passed 7-7-2016)

Any person aggrieved by the action of the Village Clerk in the denial of an application for license as provided in § 113.04, or in the decision with reference to the revocation of a license as provided in § 113.10, shall have the right of an appeal to the Public Protection Committee of the Village Board of Trustees. Such appeal shall be taken by filing with the Chairperson of the Committee, within 14 days after the person has received notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Chairperson of the Committee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 113.10 for notice of hearing for revocation. The decision and order of the Committee on such appeal shall be final and conclusive.

(Ord. 1026, passed 7-7-2016)

No person shall engage in any activity described in division (1) of the definition for “peddler and solicitor” in § 113.02 between the time of sundown and 9:00 a.m. or on any Sunday or legal holiday.

(Ord. 1026, passed 7-7-2016)  Penalty, see § 113.99

Any person, firm, corporation, or organization violating any provision of this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not less than $100 nor more than $500. Each day any violation shall continue shall constitute a separate offense.

(Ord. 1026, passed 7-7-2016)