CHAPTER
26
PEDDLERS
AND SOLICITORS
Art. I In General, Secs. 26‑1 ‑
26‑10
Art. II License & Fees, Secs. 26-6 - 26-15
Art. III Standards of Conduct, City Policy, Duties, Secs. 26-26 - 26-20
Art. IV Time Limit, Violation and Penalty, Secs.
26-17 & 26-22 (Ord. 92-12,
ARTICLE
I. IN GENERAL
Sec. 26‑01. License
required for peddling/soliciting.
It shall be unlawful for any person,
organization, firm or corporation to solicit, peddle, or canvass, as
hereinafter defined in Section 26-2, within the City of
Sec. 26-02. Definitions - peddlers and solicitors.
For the purposes of this
chapter, the following words and phrases shall have the following meanings
unless a different meaning is required by context.
Canvasser: Any
person interviewing, examining or obtaining information or attempting to do so
from house to house, building to building or upon any street, highway, sidewalk
or other public right-of-way within the City of Kankakee.
Charitable:
Any benevolent, philanthropic, patriotic Organization or eleemosynary
person or one purporting to be which solicits and collects funds for charitable
purposes.
Charitable Purpose: . Any charitable, benevolent, philanthropic, patriotic or eleemosynary purpose.
Contribution:. Any promise or grant of
money or property or any kind or value, including the promise to pay, except
payments by members or an organization for membership fees, dues, fines or
assessments, or for services rendered to individual members.
Peddler: Any person, going continually from house to
house, building to building, or upon any street, alley, sidewalk or any other such
place, places or public rights-of-way within the City of Kankakee, either on
foot or by motor vehicle, provided such motor vehicle does not exceed 6,000
lbs. Empty weight, who shall sell or attempt to sell any goods, wares,
merchandise, or services of any kind and nature, being carried or transported
for same day delivery or performance.
The person so engaged shall not be relieved from complying with the
provisions of this chapter merely by reason of associating temporarily with any
local dealer, trader, merchant or auctioneer; provided however that such person
is not required to obtain a license under the provisions of Section 26-3.
Person: Any
individual, organization, group, association, partnership, corporation, trust
or any combination thereof.
Residence: Any
separate living unit occupied for residential purposes, by one or more persons,
contained within any type of building or structure located within the City of
Solicitor:
Any person, going from house to house, building to building, or upon any
street, highway, sidewalk or other public right-of-way within the CityKankakee, who shall solicit or attempt to solicit or
take orders for any goods, wares, merchandise, or services of any type or
description including subscription to books, magazines, newspapers or any other
type of publication, or other sale of property or services, or seeking to
obtain gifts or contributions of money, clothing, or any other valuable thing
for the support or benefit of any charitable or nonprofit association,
organization, corporation project. (Ord. 92-12,
Sec. 26-03. License for peddler/solicitor not required.
The standards of conduct, as set forth in
Section 26-16, and all other applicable provisions of this chapter relating thereto
to soliciting, peddling or canvassing shall apply to all persons engaged in
such activity as defined herein.
However, the requirement that a license be obtained shall not apply to
the following:
(a) Regularly established route-men with
regularly established routes within the City of
(b) Officers or employees of the City,
County, State, or Federal Government, or any subdivision thereof, when on
official business;
(c) Any retail merchant, located in the City
of Kankakee, who solicits orders for his goods, wares or merchandise or for his
services on a continuing and ongoing basis; or,
(d) Persons soliciting or calling for
purposes of promoting a political candidate, party, or public policy issue,
unless such solicitation includes a request for donation of funds, in which
case the license provided herein shall be required. (Ord.
92-12,
Sec. 26-04 - 26-05. Reserved.
ARTICLE II. LICENSE & FEES
Sec. 26-06. Application for License - For-Profit
Solicitor, Peddler or Canvasser.
Except as provided herein, any solicitor,
peddler or canvasser, as defined in Section 26-2, shall prior to engaging
therein submit to the City Clerk's Office a written application for a license
on a form furnished by such office which shall contain the following
information requested on the application:
(a) The applicant’s name, present residence
address, telephone number, date of birth, and social security number;
(b) A brief description of the nature of the
business in which the applicant is engaged, and the kind of products or
services to be sold or orders solicited;
(c) Name, address, and telephone number of
the person, firm, corporation or organization which the applicant is employed
by or represents, and the length of time of such employment or representation:
(d) If a motor vehicle is used, a
description of same, together with the current license number of such motor
vehicle as issued by the Secretary of State or such other identification as
will serve to identify the vehicle and its owner;
(e) Two photographs, size one inch by one
inch, taken within the past sixty days, showing the head and shoulders of the
applicant in a clear and distinguishing manner, together with a physical
description of the applicant;
(f) The period of time for which the
license is requested, which in no event shall extend beyond April 30 of the
fiscal year in which the license is issued, the hours of the day that such
function shall be performed, and the approximate area within the City of
Kankakee where the solicitation, peddling or canvassing will take place;
(g) The date, or approximate date, of the
latest previous application for a license, if any, as submitted to the Office
of the City Clerk;
(h) A statement whether a license under the
provisions of this chapter, or any other similar ordinance of the City of
Kankakee or any county or municipality, has been revoked, together with the
details thereof;
(i) A list of
the names, addresses, social security numbers and birth dates of all persons
who will participate or are involved with the solicitation.
(j) The designation of a resident of the
City of Kankakee as a registered agent for purposes of receiving notices from
the City of Kankakee or other claims or process, as a result of soliciting or
doing business in the City of Kankakee.
(k) A statement whether the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
regulations, together with the details thereof;
(l) Any vendor who sells food of any kind
needs to show proof of having been granted a license from the County Health Department
before being issued a permit from the City of
(m) Any additional information that the City
Clerk may deem necessary to process the application. (Ord. 92-12,
Sec. 26-07. Application for License - Not-For-Profit
Solicitor, Peddler or Canvasser.
Except as provided herein, any solicitor,
peddler or canvasser, as defined in Section 26-2, or nonprofit corporation or
organization involved, shall prior to engaging therein submit to the City
Clerk's Office, at least five days prior to the date of soliciting, a written
application for a license to solicit solely for charitable, community, or
religious purposes, on a form furnished by such office which shall contain the
following information requested on the application:
(a) The name of the organization and the
name under which it intends to solicit contributions;
(b) The name of the person in charge of
solicitation in the City of
(c) The names and addresses of the persons
who will solicit contributions in the City of
(d) The dates and times of day such
solicitations are to be made and the general area of solicitation within the
City of Kankakee; not more than seven days (including one weekend) shall be permitted
in one year;
(e) Satisfactory proof that the organization
is a charitable organization as defined in Section 26-2 herein;
(f) A written statement of recent date by
the Attorney General of Illinois that the organization has complied with the provisions
of "An Act to regulate Solicitation and Collection of Funds for Charitable
Purposes", Illinois Revised Statutes, Chapter 23, Section 5101, et seq.,
or such other reasonable proof as may be acceptable to the City Clerk that the
organization intends to solicit for a valid and legitimate purpose;
(g) Satisfactory proof that the organization
is a tax-exempt organization under the Internal Revenue Code, Section 501 (c)
(3); and,
(h) Any additional information that the City
may deem necessary to process the application.
(Ord. 92-12,
Sec. 26-08. License
(Issuance & Revocation) - For –Profit Solicitor, Peddler or Canvasser.
(a) After consideration of the application
and all information and data obtained relative thereto, the City Clerk shall
license the applicant as a solicitor, peddler, or canvasser, if he determines
that the applicant has the qualifications and meets the requirements of this
Chapter and all other applicable laws and Ordinances; if not, the application
shall be denied and the applicant shall not solicit, peddle, or canvass in the
City of Kankakee. (Ord. No
98-12, Sec. 1,
(b) The application shall be denied if the
applicant or any person who is to participate in the solicitation or any person
having management or supervision of the applicant's business has been convicted
of a felony, or a misdemeanor which involves lack of moral character, honesty,
or integrity, as determined by the result of an investigation conducted by the
Chief of Police within ten years prior to the date of the application; or if he
or any person who is to participate in the solicitation has at any time violated the provision of this Chapter or any
other applicable laws or Ordinance of the City of Kankakee or any County or
municipality for a period of ten years prior to the date of the application, or
if a license or other such permit to engage in or carry out such business
defined herein has been revoked by the City or any other governmental agency or
body. This application shall also be
denied if the purpose of the business is otherwise unlawful.
(c) If the application for a license is
approved, the City Clerk shall forthwith issue the applicant a license,
provided the applicant complies with the requirements of Section 26-6 and pays
the appropriate fee as determined in Section 26-12.
(d) The license shall contain a permanently
affixed photograph of the applicant, and copies thereof shall contain the
names, addresses and the photograph of each person who is authorized to solicit
on behalf of the applicant.
(e) At all times while soliciting, peddling
or canvassing in the City of Kankakee, the applicant, or any person soliciting,
peddling or canvassing on behalf of the applicant shall prominently display
said license and shall exhibit same whenever he is requested to do so by any
police officer or by any person who is approached for purposes of soliciting,
peddling, or canvassing. (Ord. No. 98-12, Sec. 1,
(f) Any license issued hereinafter shall be
revoked by the City Clerk if the holder of the license is convicted for a
violation of this chapter or any other law or ordinance, or ceases to possess
the qualification required for licensing here under, or has made a false
material statement in the application, or otherwise become disqualified for the
issuance of a license under this chapter.
(g) Immediately upon such revocation,
written notice thereof shall be given by the City Clerk to the holder of the
license by certified mail, return receipt requested, addressed to the
applicant's residence address as set forth in the application. Immediately upon the mailing of such notice,
the license shall become null and void.
(Ord. 92-12,
Canvasser.
(a) After consideration of the application
and all information and data obtained relative thereto, the City Clerk shall
license the applicant as a solicitor, peddler or canvasser if he determines
that the applicant has the qualifications and meets the requirements of this
Chapter and all other applicable laws and Ordinances; if not, the application
shall be denied and the applicant shall not solicit, peddle or canvass in the
City of Kankakee.
(b) The Application shall be denied if the
applicant or any person who is to participate in the solicitation or any person
having management or supervision of the applicant's business has been convicted
of a felony, or a misdemeanor which involves the lack of moral character,
honesty or integrity, as determined by the result of an investigation conducted
by the Chief of Police within ten years prior to the date of the application;
or, if he or any person who is to participate in the solicitation has at any
time violated the provisions of this Chapter or any other applicable laws or
Ordinances of the City of Kankakee or any County or municipality for a period
of ten years prior to the date of the application; or if a license or other
such permit to engage in or carry out such business defined herein has been
revoked by the City or any other governmental agency or body. The application shall also be denied if the
purpose of the business in otherwise unlawful.
(c) If the applicant is approved, the City
Clerk shall issue a license to the applicant, setting forth the detailed
permission to carry out the solicitation in the City of
(d) The license shall contain a permanently
affixed photograph of the applicant, and copies thereof shall contain the
names, addresses and the photograph of each person who is authorized to solicit
on behalf of the applicant.
(e) At all times while soliciting, peddling
or canvassing in the City of Kankakee, the applicant or any person soliciting,
peddling or canvassing on behalf of the applicant, shall prominently display
said license and shall exhibit the name whenever he is requested to do so by
any police officer or by any person who is approached for purposes of
soliciting, peddling or canvassing. (Ord. No. 98-12,
Sec. 1,
(f) Immediately upon such revocation,
written notice thereof shall be given by the City Clerk to the applicant in
person or by certified or registered mail, return receipt requested, addressed
to applicant's address set forth in the application. Immediately upon the
delivering or mailing of the notice, the license shall become null and
void. (Ord.
92-12,
Sec. 26-10. Penalty for violating Peddler/Solicitor Regulations.
Any person violating any of the
provisions of this Chapter, or who makes a false statement upon an application
for license provided herein shall, upon conviction, be subject to a fine of not
less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars
($500.00). Any person who conducts
solicitations or any business described in this Chapter, without first
obtaining a license as described herein, shall be assessed a fine of not less
than Two Hundred and Fifty Dollars ($250.00) and not more than Five Hundred
Dollars ($500.00). (Ord. No
98-12, Sec. 1,
Sec. 26-11. License - Records to be kept for
peddlers/solicitors.
The City Clerk of the City of
Sec. 26-12. License fees - peddlers/solicitors.
Each applicant shall pay an initial fee
of fifteen dollars ($15.00) for the handling and processing of such
application. Upon approval and prior to the
issuance of a license by the City Clerk, to solicit, peddle or canvas, a fee
shall be paid in the amount described in Chapter 21 Section 21.04 of this
Municipal Code. There shall be no
additional fees charged for solicitors or canvassers other than the initial
application fee. No application fee
shall be charged for solicitors or canvassers representing a charitable,
community or religious organization. (Ord 04-24, Sec
10 4/5/04)
Sec. 26-13 - 26-15. Reserved.
ARTICLE III.
STANDARDS
OF CONDUCT, CITY POLICY DUTIES, TIME LIMIT, VIOLATION AND PENALTY
Sec. 26-16. Standards of Conduct - peddlers/solicitors.
All persons soliciting, peddling, or
canvassing, in the City of
(a) Such persons shall conduct themselves at
all times in an orderly and lawful manner, and shall not make, or cause to be
made, any loud or obnoxious noise of such volume sufficient to disrupt the peace
of the residents of the City of Kankakee.
(b) Such persons shall, when requested
identify themselves by the license issued by the City
of
(c) Such persons shall, within a reasonable
time, at the residence of a buyer or prospective buyer, clearly reveal the
product or service they are selling, the company they are employed by or
represent, and the exact price and conditions of proposed sale.
(d) Such persons shall, at the time of
taking of any order for the purchase of the product or service they are
selling, deliver to the purchaser a copy of a written order or receipt which
shall set forth the following in language that is clear and free of ambiguity;
1. All terms and conditions of the sale,
with specification of the total amount the purchaser will be required to pay,
including all interest, service charges and fees, and other costs and expenses;
2. The name and address of the solicitor,
peddler or canvasser and the company selling such product or service;
3. A statement whether the contract or
negotiable instrument signed by the purchaser in connection with the sale may
be sold or assigned by the seller to a third party; and,
4. Statement shall also be included as to
the time permitted to cancel any order and the method for such cancellation at
no penalty.
(e) Such persons shall strictly adhere to
the terms of the invitation or lack of invitation in accordance with Section
26-18, and the failure of such persons to so adhere shall constitute a
trespass.
(f) No persons soliciting, peddling, or
canvassing shall have the exclusive right to any location in the public
streets, sidewalks, or alley, nor shall any such persons be permitted to
operate in any congested area where their operations might impede or the
creation of traffic obstruction, hazards or congestion created. (Ord. 92-12,
Sec. 26-17. City Policy - No Solicitors signs.
It is the policy of the City of
Sec. 26-18. Residential Notice of Refusal of Invitation
to Solicitors.
Every resident desiring to state his
policy of invitation, including a refusal or limitation of invitation, to
persons engaged in any soliciting, peddling, or canvassing, shall exhibit upon
or near the main entrance door to the residence a weatherproof card containing
the following words:
or,
"ONLY SOLICITORS, PEDDLERS, OR CANVASSERS LICENSED
OR
AUTHORIZED BY THE CITY OF
For purposes of uniformity, the City of
Sec. 26-19. Duty of Solicitors, Peddlers and Canvassers.
It shall be the duty of every solicitor,
peddler, or canvasser, upon going onto any residential premises in the City of
"ONLY SOLICITORS, PEDDLERS, OR CANVASSERS
LICENSED
OR AUTHORIZED BY THE CITY OF
then the solicitor, peddler,
or canvasser, whether registered or not, shall immediately and peacefully
depart from the premises. Any solicitor, peddler, or canvasser who has gained entrance to any
residential premises, whether invited or not shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
Sec. 26-20. Uninvited Soliciting, Peddling, and
Canvassing.
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 of a residence located thereon, 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, peddling, or canvassing as defined in Section 26-1, in defiance of
the notice exhibited at the residence in accordance with the provisions of
Section 26-18. (Ord.
92-12,
ARTICLE
IV. TIME LIMIT, VIOLATION AND PENALTY
Sec. 26-21. Time Limit on Soliciting, Peddling and
Canvassing.
It is unlawful and shall constitute a
nuisance for any person, whether registered under the provisions of this
chapter or not, to go 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 which the occupant thereof and engage in soliciting,
peddling, or canvassing, prior to:
sun-up or after sun-down on any day except Sundays or national holidays;
prior to twelve noon, or after six p.m. or sun-down, which ever first occurs,
on Sundays; and, at any time on national holidays.
Sec. 26-22. Violation by solicitors/peddlers - Penalty.
Any person violating any of the
provisions of the Ordinance in this chapter, or who makes a false material
statement upon an application for a license, as provided herein, shall, upon
conviction shall be subject to a fine of not less than Fifty Dollars ($50.00)
and not more than Five Hundred Dollars ($500.) for each offense. Some offenses
may be imposed as provided in Section 36-12 of the Municipal Code of the City
of
PEDDLERS AND SOLICITORS
ARTICLE
1.
IN GENERAL........................................................................................................ 26
Definitions ‑
peddlers and solicitors .............................................................................. 26
- 02
License required for
peddling/soliciting.......................................................................... 26
- 01
When
license for peddler/solicitor not required.............................................................. 26
- 03
ARTICLE
II. LICENSE & FEES............................................................................................... 26
Application for License ‑
solicitor, peddler etc.............................................................. 26
- 06
Issuance &
Revocation ‑ solicitor/peddler, etc.............................................................. 26
- 08
Issuance and Revocation ‑
Not‑For‑Profit.................................................................... 26
- 09
License
‑ Records for peddlers/solicitors...................................................................... 26
- 11
License
fees ‑ peddlers/solicitors.................................................................................. 26
- 12
License‑Not‑For‑Profit
solicitor/peddler....................................................................... 26
- 07
ARTICLE
III. STANDARDS OF CONDUCT, CITY POLICY DUTIES, .......................... 26
City
Policy ‑ No Solicitors signs................................................................................... 26
- 17
Duty
of solicitors, peddlers and canvassers................................................................... 26
- 19
Residential notice to
solicitors....................................................................................... 26
- 18
Standards
of Conduct ‑ peddlers/solicitors..................................................................... 26
-16
Uninvited
Soliciting, Peddling, and Canvassing.............................................................. 26
- 20
ARTICLE
IV. TIME LIMIT, VIOLATION AND PENALTY................................................. 26
Penalty for violating
peddler/solicitor regulations…………………………………..26 - 10
Time Limit on
soliciting, peddling, etc............................................................................ 26
- 21
Violation
by solicitors/peddlers ‑ Penalty....................................................................... 26
- 22