ITINERANT MERCHANTS AND
TRANSIENT VENDORS
Art.
I In General, Secs. 19‑1 ‑
19‑05
Art.
II License
& Fees, Secs. 19‑06 ‑ 19‑10
Art.
III Standards of Conduct, Sec.
19-11
Art.
IV Time Limit-Violation And Penalty, Sec. 19-12--19-13
ARTICLE I. IN GENERAL
Sec. 19‑01. License Required.
It
shall be unlawful for any person, organization, firm or corporation to engage
in or carry on any business, occupation or pursuit thereof, as hereinafter
defined in Section 19-2, within the City of Kankakee without first having
obtained a license therefor, issued in compliance
with the ordinance codified in this chapter, unless exempted herein. (Ord. 92-12,
Sec. 19-02. Definitions.
For
the purposes of this chapter, the following words and phrases shall have the
following meanings unless a different meaning is required by context.
Itinerant Merchant. Any person, who engages in a transient or
temporary business of selling and delivering goods, wares, or merchandise
within the City of Kankakee, and who, in furtherance of such purpose, leases,
uses or occupies any temporary structure, motor vehicle, trailer, tent lot,
street, alley, sidewalk or any other such place, public or private, within the
City of Kankakee for the exhibition and sale of such goods, wares, or
merchandise, or for securing orders for future delivery of such goods, wares,
or merchandise. 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, or
merchant; provided however that such person is not required to obtain a license
under the provisions of Section 19-3.
Person. Any individual, organization, group, association, partnership,
corporation, trust or any combination thereof.
Transient Vendor. See "Itinerant Merchant."
(Code 1965, Sec. 32.08; Amended by Ord. 92-12, 3-16-92)
Sec.
19-03. License - Not Required
When.
The
standards of conduct, as set forth in Section 19-11, and all other applicable
provisions of this chapter relating thereto to itinerant merchants or transient
vendors 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) Any person selling fruit, vegetables or
other farm products at an organized farmers market,
(b) Any person selling goods, wares, or
merchandise at an organized flea market;
(c) Any person selling goods, wares, or
merchandise at a organized charitable, religious, civic, local or any other
not-for-profit organization sponsored event; or,
(d) Any person conducting what is commonly
known as a "garage sale" or "yard sale" at such person’s
residence.
Sec.
19-04. Place of Business.
No
license shall be issued hereunder for any transient or temporary business to be
located on property that is classified in a residential district by the City of
Sec.
19-05. Reserved.
ARTICLE
II. LICENSE & FEES
Sec.
19-06. Application for License.
Except
as provided herein, any itinerant merchant or transient vendor, as defined in
Section 19-2, 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:
(1) The applicants name, current address,
telephone number, date of birth and social security number;
(2) The 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;
(3) 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 rendered;
(4) The applicant's "Illinois Business
Tax Number" as issued by the "Illinois Department of Revenue;"
(5) 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, and the approximate hours of the day that such
function shall be performed;
(6) The place or places where said business
may be carried on, and a written statement, if applicable, from the owner of such
place or places authorizing the applicant to conduct said business;
(7) The date, or approximate date, of the
latest previous application for a license, if any, as submitted to the Office
of the City Clerk;
(8) 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;
(9) A statement as to whether the applicant
or the person or persons having the management or supervision of the
applicant's business have been convicted of any crime, misdemeanor or violation
of any municipal regulations together with the details thereof;
(10) Credentials from the person, firm,
corporation or organization for which the applicant proposes to do business and
authorizing the applicant to act as such representative;
(11) If a motor vehicle and/or mobile trailer
is to be used, a description of same, together with the current license number
of said vehicle and/or trailer as issued by the Secretary of State or such
other identification as will serve to identify said vehicle or trailer and its
owner;
(12) The place or places, other than the
permanent place of business of the applicant, where applicant within the last
six months preceding the date of application conducted a transient business and
stating the nature thereof; and,
(13) 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 doing business in
the City of Kankakee.
(14) A list of the names, addresses, social
security numbers and birth dates of all persons who will participate in any way
in the solicitation for which the license is requested.
(15) Any additional information that the City
Clerk may deem necessary to process the application. (Ord.
92-12, Amending
Sec.
19-07. License - Issuance and
Revocation.
(a) After consideration of the application
and all information and data obtained relative thereto, the City Clerk shall
license the applicant as a itinerant merchant or transient vendor, 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 engage in or carry out
any business herein defined, 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 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
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. This application shall also be denied if the
purpose of the business is otherwise unlawful. (Ord.
No. 98-12, Sec. 26-08,
(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 19-6 and pays
the appropriate fee as determined in Section 19-9.
(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. (Ord. No. 98-12, Sec.
26-08,
(e) At all times engaging or carrying out
such business as defined herein, in the City of
(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 applicable law or ordinance, or ceases
to possess the qualifications required for licensing hereunder, or has made a
false material statement in the application, or otherwise becomes disqualified
for the issuance of a license under this chapter. (Ord.
No. 98-12, Sec. 26-08,
(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, Amending
Sec.
19-07.01. 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.
19-08. License - Records to be
kept.
The
City Clerk of the City of
Sec.
19-09. License Fee.
Each
applicant shall pay an initial fee of fifteen and no/100s dollars ($15.00) for
handling and processing of each application.
Upon approval and prior to the issuance of a license by the City Clerk
pursuant to this Article, a fee shall be paid in the amount as described in
Chapter 21 Section 21.04 of this Municipal Code. (Ord
04-24, Sec 8)
No
license shall be issued to extend beyond April 30 of the fiscal year in which
the license is issued. (Code 1965, Sec. 32.08; Ord.
92-12, Amending Ch. 19, 3-16-92)
Sec.
19-10. Reserved.
ARTICLE
III. STANDARDS OF CONDUCT
Sec.
19-11. Standards of Conduct.
All
itinerant merchants or transient vendors engaged in or carrying on any
business, occupation or pursuit thereof, as defined in Section 19-2, in the
City of Kankakee, whether required to be licensed under the provisions of this
chapter or not, shall conform to the following standards of conduct:
(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, clearly reveal to the prospective buyer, the product or service they are
selling or securing orders for future delivery, the company they are employed
by or represent, and the exact price and conditions of the 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 itinerant
merchant or transient vendor 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) A statement shall also be included as to
the time permitted to cancel any order and the method for such cancellation at
no penalty. (Ord.
92-12,
ARTICLE
IV. TIME LIMIT - VIOLATION AND PENALTY
Sec.
19-12. Time Limit on Activities.
No
person shall engage in or carry on any such activities permitted by this
chapter prior to: sunrise or after
sunset on any day except Sundays and 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. However, any
person who, by reason of associating temporarily with any local dealer, trader,
or merchant shall be deemed exempt from such restrictions provided that any
activity permitted by this chapter shall take place on the premises of said
dealer, trader, or merchant, and, only during such dealer, trader, or
merchant's regular business hours.
Sec.
19-13. Violation and Penalty.
Any
person violating any of the provisions of this chapter, or who makes a false
material statement upon an application for a license, as provided herein,
shall, upon conviction thereof, be subject to a fine of not less than
twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00)
for each offense. (Code
1965, Sec. 32.08; Amended by Ord. 92-16, 3-16-92; Ord. No. 98-88, Sec. 19-13, 11-2-98).
ITINERANT
MERCHANTS AND TRANSIENT VENDORS
Definitions ‑ Itinerant Merchant.................................................................................... 19 - 02
License Required for itinerant merchants...................................................................... 19 - 01
Application for License ‑ itinerant
merchant..................................................................... 19-06
19-05 RESERVED 19-10 RESERVED..................................................................................
License ‑ itinerant merchant.......................................................................................... 19
- 07
License ‑ Not Required
‑ itinerant merchant.................................................................. 19
- 03
License ‑ Records to be Kept ‑
itinerant merchant........................................................ 19
- 08
License Fee ‑ itinerant merchant................................................................................... 19
- 09
Penalty for violating
Peddler Regulations.................................................................... 19
- 07.1
Place of Business for itinerant merchants....................................................................... 19
- 04
Standards of Conduct ‑ itinerant
merchant.................................................................... 19
- 11
Time Limit on Activities ‑
itinerant merchant.................................................................. 19
- 12
Violation and Penalty ‑ itinerant
merchant...................................................................... 19
- 13