§ 32-3. Registration required; exemptions.

(a)

Every person wishing to engage in peddling or solicitation must submit an application to the city clerk or the city clerk's designee and receive approval before engaging in such peddling or solicitation activities. Such application shall include:

(1)

The applicant's name.

(2)

The applicant's home address, phone number and email address.

(3)

Two passport-sized photos of the applicant taken within the last ninety (90) days.

(4)

Physical description of applicant.

(5)

Contact person's name.

(6)

Contact person's phone number.

(7)

Business address.

(8)

Description of the items to be peddled.

(9)

The location and time frame within which this activity will occur.

(10)

Vehicle license number, make, model year and color (if applicable).

(11)

A non-refundable payment per section 32-4(a).

(12)

Every applicant must provide written proof to the city clerk or designee at time of application that all certifications, permits, licenses and any other required authorization needed to perform peddling or solicitation activities has been received in advance.

(13)

If applicant is a third-party representative, a copy of a current, valid signed contract must be attached to application.

(b)

Every person wishing to engage in a charitable solicitations campaign must make application for a permit with the government operations committee of the city council no less than thirty (30) days prior to initiation of the campaign. Upon achievement of a permit, all persons engaging in such charitable solicitation shall have a copy of the permit on their person at all times during any such solicitation. The application shall state the person's name, a contact person's name, phone number, address, the date(s) the campaign will operate, state the purpose of the charitable solicitations campaign and/or the purpose for which the funds are to be raised, and stating the exact locations of said campaign within the city. Such charitable solicitation shall be confined to house-to-house canvassing and/or solicitation in the public ways or places of the city, and shall not be conducted upon the highways, streets, alleys and vehicular thoroughfares of the city unless proof of the following criteria are provided to the committee's satisfaction:

(1)

The soliciting agency is registered with the attorney general as a charitable organization as provided by "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefore."

(2)

The soliciting agency is engaged in a state- or nationwide fund raising campaign.

(3)

The soliciting agency will provide reflective safety vests for solicitors to wear at all times while soliciting in the public ways and further agrees to be liable for and hold the city harmless from any injuries to person or property during any permitted solicitation, and agrees to name the city as a primary, non-contributory additional insured under a policy of general liability insurance covering any and all solicitation activities and participants soliciting in the public right-of-way. A certificate of insurance shall be submitted to the city at the time of application as indicated in subsection (b) herein. Said liability insurance shall have minimum coverage limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate.

(c)

Every registrant pursuant to this chapter shall, as part of said registration document, stipulate that no individual employees, independent contractors, employees of independent contractors, volunteers or any other such person associated with the registrant is a convicted "Sex offender" as defined by the State of Illinois Statute 730 ILCS 150/2 and as may similarly be applicable to any by other law enforcement jurisdictions throughout the United States. Every registrant shall include the names, addresses and dates of birth for every person who will be working with them in the city for the registered purpose, and shall provide an affidavit certifying that such persons, including the registrant, have not been convicted of any felony, nor convicted on two (2) or more occasions of driving under the influence of alcohol or drugs. Such certification as required in this subsection (c) shall be updated whenever any change in persons occurs for the registrant at any time during the registered year.

(d)

Each corporation, partnership, limited liability company or any other organization applying for a permit under this chapter shall be limited to registering a maximum of ten (10) individual persons to engage in door to door peddling or soliciting within the city on its behalf.

(e)

For purposes of this section only, organizations engaged in door-to-door distribution of political campaign literature or religious materials are not subject to the registration requirements set forth in this section, provided that such organizations are not soliciting contributions, in any way, while distributing such materials. "Political campaign literature" as used in this section means a communication supporting or opposing a candidate or election to a federal, state or local public office which is published in a handbill, flier, newspaper, magazine, pamphlet, circular, bumper sticker, or other similar written form of communication. Notwithstanding the above, such organizations are subject to all requirements set forth in article II of this chapter.

(Ord. No. O06-03, § 1(32-3), 1-24-06; Ord. No. O07-62, § 1(32-3), 5-22-07; Ord. No. O07-97, § 1, 8-28-07; Ord. No. O08-117, § 1, 12-9-08; Ord. No. O12-018, § 2, 3-13-12; Ord. No. O15-028, Att., 6-23-15; Ord. O18-077, (Exh. A), 9-25-18)

Editor's note

Ord. No. O15-028, Att., adopted June 23, 2015, changed the title of § 32-3 from "Registration required" to read as set out herein.