§ 26-111. Requirements; application procedure; standards for issuance.

(a)

Requirements.

(1)

Any person who is an itinerant merchant, peddler or solicitor shall obtain a license before engaging in such activity within the village.

(2)

The fee for the license required by this article shall be $75.00 for a seven-day period. In the event a second list of employees to have background checks is submitted during the seven day period, a second fee of $75.00 will be charged.

(3)

No license issued under this article shall be transferable.

(4)

Reserved.

(5)

Any entity which is conducting outdoor sales shall obtain a license at least seven days prior to engaging in such activity within the village. The fee for the outdoor sale license shall be $150.00. In the event a license is not obtained at least seven days prior to the sale, the fee shall increase to $250.00. All outdoor sales licenses are valid for seven days from the first day of the sale.

(b)

Application procedure.

(1)

All applicants for licenses required by this article shall file an application with the clerk. This application shall be signed by the applicant if any individual, or by all partners if a partnership, or by the president if a corporation. The applicant shall be required to provide information concerning the following items:

a.

Full name, date of birth, social security number of individual who is to engage in such activities regulated by this article; the address of every person engaged in activities regulated by this article, including the business address if it is other than the residence address of every person engaged in activities regulated by this article. The applicant shall be required to show his driver's license or other identification suitable to the village clerk to identify the applicant, and the name and address of the person, firm or corporation or association of whom the applicant is employed or represents.

b.

The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the village; the local address of such individual; the permanent address of such individual; and the capacity in which such individual will act.

c.

The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation.

d.

The time period during which it is proposed to carry on the applicant's business.

e.

The nature, character, and quality of goods or services to be offered for sale or delivered; if goods, their invoice value and whether they are to be sold by sample as well as from stock; if goods, where and by whom such goods are to be manufactured or grown, and where such goods are at the time of application; the nature of the advertising proposed to be done for the business; and whether or not the applicant, or the individual identified in subsection (b)(1)b. of this section, or the person identified in subsection (b)(1)c. of this section has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.

f.

A signed application stating that the applicant does not engage in door-to-door peddling and soliciting between the hours of 5:00 p.m. and 12:00 noon.

g.

A statement that the applicant is aware that he cannot engage in activities regulated by this article on a notice bearing the words "No Solicitors" or words of similar import indicating that such persons are not wanted on such premises, is painted, affixed, or otherwise exposed to public view.

h.

Sales tax identification numbers where applicable.

i.

List of the number of licenses issued to the principals of each association whose current application is pending with the village over the last two years.

(2)

Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under subsection (a) of this section:

a.

A description of the applicant.

b.

Applicants for peddlers, solicitors or commercial home merchandising licenses may be required to provide further information concerning the following items, in addition to that requested under subsection (b)(1) above:

1.

A description of the applicant;

2.

A description of any vehicle proposed to be used in the business, including its registration number and license number.

(3)

All applicants for licenses required by this article shall attach to their application, if required by the village, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.

(c)

Standards for issuance.

(1)

Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.

(2)

The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals or general welfare. In particular, tangible evidence that the applicant has:

a.

Been convicted of a crime or moral turpitude;

b.

Made willful misstatements in the application;

c.

Committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors and the like;

d.

Committed prior fraudulent acts; or

e.

A record of continual breaches of solicited contracts;

Will constitute valid reasons for disapproval of an application.

(Code 1974, § 11-27; Ord. No. 2004-3, § 1a.—d., 2-17-2004; Ord. No. 2006-10, § 1, 4-18-2006; Ord. No. 2016-35, § 2, 9-27-2016; Ord. No. 2017-11, § 1, 6-6-2017)