The Village of
Spring Grove Ordinance For Solicitors Require
Permits
Article 2 - Solicitors
808
Definitions
For the purposes of this Article, the
following terms as used in the 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.
809
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.
810
Application for Certificate of Registration
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:
810.1
Name and address of present place of
residence, length of residence at such address,
business address 1f other than residence address,
social security number and date of birth.
810.2
Address of place of residence during the past
3 years if other than present
address.
810.3
Physical description of the applicant, by way
of a state-issued photo identification, and
description of applicant’s vehicle including its
license plate number.
810.4
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.
810.5
Name and address of employer during the past
3 years other than the present employer.
810.6
Description sufficient for identification of
the subject matter of the soliciting which the
applicant will engage in.
810.7
Period of time for which the certificate is
applied for.
810.8
The date, or approximate date, of the latest
previous application for certificate under the
Article, if any.
810.9
A statement of whether a certificate of
registration issued to the applicant under the
Article was ever revoked.
810.10
A statement of whether the applicant was ever
convicted of a violation of any provision of the
Article, or the ordinance of any other Illinois
municipality regulating soliciting.
810.11
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.
810.12
Such additional information as the Village
Clerk or Chief of Police may deem necessary to
process the application.
811
Fingerprinting
The
Village Clerk shall require every applicant to
submit to fingerprinting by the Police Department in
connection with the application for certificate.
812 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.
813 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 the 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.
814
Certificate of Registration
No certificate of registration shall be
issued to any person who has been convicted of the
commission 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.
815
Issuance and Revocation of Certificate
815.1
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.
815.2
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.
816
Policy on Soliciting
It is the policy of the Board of Trustees
that the occupants of the residences in the Village
shall make the determination of whether solicitors
shall be, or shall not be, invited to their
respective residence.
817
Notice Regulating Soliciting
Every person desiring to secure the
protection intended to be provided by the
regulations pertaining to soliciting contained in
the 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.
818
Duty of Solicitors
818.1
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 the 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.
818.2
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.
819
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.
820 Hours of
Soliciting
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.
821 Penalty
Any person, organization, or corporation
which solicits without obtaining a license, as
required under this Article, or is otherwise in
violation of this Article, 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 Article 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.
Village of Spring Grove Municipal Code book –
Chapter 8 Solicitors revised June