The Village of Spring Grove Ordinance For Solicitors Require Permits

Article 1 - Solicitors

1001 Definitions

For the purposes of this Article, the following terms as used in this Article shall be construed according to the definitions given below.

Soliciting. Any one or more of the following activities constitute the act of soliciting:

A. Seeking to obtain orders, including but not limited to the distribution of coupons, for the goods, wares, merchandise, foodstuffs, services of any kind, character of description whatever, for any kind of consideration whatever; or

B. Seeking to obtain prospective customers for application or purchase of insurance of any type, or kind of character.

C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.

Residence. Every separate living unit occupied for residential purchases by one or more persons, contained within any type of building or structure.

Registered Solicitor. Any person who has obtained a valid certificate of registration as hereinafter provided, and which certificate is in the possession of the solicitor on his person while engaged in soliciting.

1002 Registration of Solicitors

Every person, other than a charitable or non-profit association, organization, corporation or project formally organized as such under the laws of the State of Illinois or any other State, desiring to engage in soliciting as herein defined from persons in residences within this village, is hereby required to make written application for a certificate of registration as hereinafter provided.

1003 Application for Certificate of Registration (Revised Ord. No. 2008-22)

Application for a Certificate of Registration shall be made upon a form provided by the Village Clerk and filed with the Village Clerk. The applicant shall truthfully state in full the information requested on the application and provide the following information:

1003.1 Name and address of present place of residence, length of residence at such address, business address if other than residence address, social security number and date of birth.

1003.2 Address of place of residence during the past 3 years if other than present address.

 

Village of Spring Grove Municipal Code book – Chapter 10 Mercantile Establishments & Merchants Page 3 of 31 revised July 2008

1003.3 Physical description of the applicant, by way of a state-issued photo identification, and description of applicant’s vehicle including its license plate number.

1003.4 Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation.

1003.5 Name and address of employer during the past 3 years other than the present employer.

1003.6 Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in.

1003.7 Period of time for which the certificate is applied for.

1003.8 The date, or approximate date, of the latest previous application for certificate under this Article, if any.

1003.9 A statement of whether a certificate of registration issued to the applicant under this Article was ever revoked.

1003.10 A statement of whether the applicant was ever convicted of a violation of any provision of this Article, or the ordinance of any other Illinois municipality regulating soliciting.

1003.11 A statement of whether the applicant was ever convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law of the United States.

1003.14 Such additional information as the Village Clerk or Chief of Police may deem necessary to process the application.

1004 Fingerprinting (Revised Ord. No. 2008-22)

The Village Clerk shall require every applicant to submit to fingerprinting by the Police Department in connection with the application for certificate.

1005 Fee

The fee for such licenses shall be $50.00 per day for each individual seeking to obtain orders for purchase, prospective customers, obtaining subscriptions of any type of publications as described in this Article.

 

Village of Spring Grove Municipal Code book – Chapter 10 Mercantile Establishments & Merchants Page 4 of 31 revised July 2008

1006 Record Keeping

The Village Clerk shall cause to be kept in his/her office an accurate record of every applicant received and acted upon, together with all other information and data pertaining thereto and 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 and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.

1007 Certificate of Registration

No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law of the United States, within 5 years of the date of 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 whose certificate of registration issued hereunder has previously been revoked as herein provided.

1008 Issuance and Revocation of Certificate

1008.1 The Village Clerk, after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such certificate as herein required, and that the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this Article. The Chief of Police shall make enforcement upon the application of the denial of the application. When the applicant is found to be fully qualified, the certificate of registration shall be issued forthwith. The certificate of registration shall state the expiration date thereof.

1008.2 Any certificate of registration issued shall be revoked by the Village Clerk if the holder of the certificate is convicted of a violation of this Article, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration. Immediately upon such revocation, written notice hereof shall be given by the Village Clerk to the holder of the certificate in person, or by certified U.S. mail addressed to his/her residence address set forth in the application. Immediately upon the mailing of such notice, the certificate of registration shall become null and void.

1009 Policy on Soliciting

It is the policy of the Board of Trustees that the occupants of the residences in this Village shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residence. If no determination is made as is provided in this Section, registration is not required.

 

Village of Spring Grove Municipal Code book – Chapter 10 Mercantile Establishments & Merchants Page 5 of 31 revised July 2008

1010 Notice Regulating Soliciting

Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this Article, shall comply with the following directions, to-wit.

Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors to any residence, shall be giving in the manner following.

A weatherproof card, approximately 3 inches by 4 inches in size shall be exhibited upon or near the main entrance door to the residence, indication the determination by the occupant, containing the applicable words, as follows.

"ONLY SOLICITORS REGISTERED IN SPRING GROVE INVITED"

or

"NO SOLICITORS INVITED"

The letters shall be at least one-third inch in height. For the purpose of uniformity, the Village Clerk shall provide the cards to persons requesting same, at the cost of $2.00. Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

1011 Duty of Solicitors

1011.1 It shall be the duty of every solicitor upon going onto any premises in the Village, upon which a residence as herein defined is located, to first examine the notice provided for in this Section, if any is attached, and be governed by the statement contained on the notice. If the notice states "Only Solicitors Registered in Spring Grove Invited," then the solicitor not possessing a valid certificate of registration as herein provided shall immediately and peacefully depart from the premises. If the notice stated, "No Solicitors Invited," then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.

1011.2 Any solicitor who has gained entrance to any resident, whether or not invited, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

1012 Uninvited Soliciting

It is 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 such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of this Section.

 

Village of Spring Grove Municipal Code book – Chapter 10 Mercantile Establishments & Merchants Page 6 of 31 revised July 2008

1013 Hours of Soliciting (Revised Ord. No. 2008-22)

It is unlawful and shall constitute as nuisance for any person whether registered under this Article 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 7:00 p.m. of any week day, or at any time on a Sunday or on a state or national holiday.

1014 Penalties

Any person, organization, or corporation which solicits without obtaining a license, as required under this Article, or is otherwise in violation of this ordinance, shall be subject to a fine of not less than $50.00 for said violation. In addition, any person, organization or corporation found to be in violation of this ordinance by a court of competent jurisdiction shall also be required, in addition to said fine, to pay to the Village of the license fee of $50.00 each day that a person, organization or corporation solicits without a license shall be considered a separate and distinct offense.