GENERAL PROVISIONS

§ 115.01  DEFINITIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HAWKER or PEDDLER. Every person, whether or not the person is an employee of another person, who shall sell or offer for sale, barter, or exchange, at retail, any goods, wares, or merchandise, except milk or cream, traveling from place to place, in, along, and upon the streets, avenues, alleys, or public places of the city, or who shall sell and deliver from any vehicle, going from place to place in the city, whether to regular customers or not, any goods, wares, or merchandise, except milk or cream.

ITINERANT VENDOR. Any person who transports tangible personal property for retail sale within the city who does not maintain in this city an established office, distribution house, sales house, warehouse, service center, or residence from which such business is conducted. The term ITINERANT VENDOR, for purposes of this chapter, shall not apply to:

1. Any person who delivers tangible personal property within the city who is fulfilling an order for such property which was solicited or placed by mail or other means; or

2. Any person holding a valid license, issued by the state or county, to engage in retail sales.

NON‑PROFIT ORGANIZATIONS. Any bona fide charitable, educational, fraternal, labor, religious, or veterans organization that operates without profit to its members.

PERSON. Any individual, corporation, partnership, trust, firm, association, or other entity.

SOLICITOR. Any person who goes from house to house or from place to place in the city selling or taking orders for, or offering to sell or take orders for goods, wares, or merchandise, upon immediate delivery, when the same is to be paid for upon an installment or deferred plan, or for future delivery where a deposit of money is made in advance of final delivery.

TRANSIENT MERCHANT. Any person who is engaged temporarily in the retail sale of goods, wares, or merchandise in the city, and who, for the purpose of conducting such business, occupies any building, room, vehicle, structure of any kind, or vacant lot. The term TRANSIENT MERCHANT, for purposes of this chapter, shall not apply to:

1. Any person selling goods, wares, or merchandise which are raised, produced, or manufactured by him;

2. Any person selling vegetables, fruit, or perishable farm products at an established city market;

3. Any person operating a store or refreshment stand at a resort;

4. Any person operating a stand or booth on or adjacent to property owned by him or upon which he resides;

5. Any person operating a stand or booth at a state or county fair; or

6. Any person operating a stand or booth at a trade show, exposition, convention, or similar event; or

7. Any person holding a valid license, issued by the state or county, to engage in retail sales.

(Ord. 2082, passed 8-18-87)

§ 115.02  PREREQUISITES TO CONDUCTING BUSINESS

It is unlawful for any person, either as principal or agent, to conduct business as a Transient Merchant or Itinerant Vendor in this City without first complying with the requirements of Section 2a of the Retailers' Occupation Tax Act (ILCS Ch. 35, Act 120, § 2a (1995 State Bar Ed.) by obtaining a certificate of registration and by posting bond or other approved security, and without having obtained a license under this Chapter.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed, 5-3-04) Penalty, see § 115.99

§ 115.02A  HAWKERS, PEDDLERS AND SOLICITORS PROHIBITED

It is hereby declared unlawful for any person, either as principal or agent, to conduct business as a Hawker, Peddler or Solicitor in the City of Washington. The prohibition contained in this section does not apply to those individuals identified in §115.27 as being exempted from the licensing requirements.

(Ord. 2530, passed 5-3-04)

§ 115.03  PRIMA FACIE EVIDENCE

It shall be prima facie evidence that a person is a transient merchant or itinerant vendor under this Chapter if the person does not transact business from a fixed location or if the person does not own, or lease, for a term of at least six (6) months, the property from which business is conducted.

(Ord. 2082, passed 8-18-87) Penalty, see § 115.99

§ 115.04  LIMITATION ON HOURS OF OPERATION

It shall be unlawful for any transient merchant, or itinerant vendor to transact business of a transient merchant, or itinerant vendor as defined in § 115.01 of this chapter from door-to-door within the city before the hour of 9:00 a.m. or after 7:00 p.m. Monday through Saturday, except by prior appointment made between said transient merchant, or itinerant vendor and said citizen.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04) Penalty, see § 115.99

§ 115.05  LOCATION OF SALES FACILITIES ON PRIVATE PROPERTY

No transient merchant, or itinerant vendor licensed under the provisions of this chapter may erect or place any display, exhibition, or sales facility of any nature whatsoever upon any parcel of privately owned real property except under the following conditions:

1. Such activity is permitted under all applicable zoning regulations.

2. The structure from which the display, exhibition, or sales facility is operated is provided with water and sewer service in the manner required by the city code of ordinances, and conforms in all respects to the provisions of the City's Building Code as contained in Chapter 160.

3. Parking and loading facilities available on the parcel meet the requirements established under the provisions of the city zoning ordinances.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04) Penalty, see § 115.99

§ 115.06  VEHICLES TO BE MARKED

Every vehicle or conveyance used by a person licensed hereunder shall have with the name of such person or his or her employer and the number of his or her license conspicuously displayed thereon.

(Ord. 2082, passed 8-18-87) Penalty, see § 115.99

§ 115.07  RESTRICTIONS ON USE OF PUBLIC STREETS

1. Except as permitted in paragraph (B) of this section, it shall be unlawful for any person licensed hereunder, for the purpose of dispensing or displaying any goods, wares, foodstuffs, or other merchandise or tangible personal property of any nature whatsoever, to erect or place any temporary or permanent stand, cart, wagon, or other structure or vehicle upon any street, alley, sidewalk, or other location owned or maintained by the city.

2. Any person licensed hereunder may, if so indicated on the face of such license, conduct licensed operations from a single specific fixed location identified on the face of the license, which location is on property owned or maintained by the city. Conduct of licensed operations from more than one (1) location shall require a separate license and payment of an additional license fee for each such location. No such location shall be within fifty (50) feet of any entrance or exit to any building. All such locations shall be within areas of the city which are zoned C‑1, C‑2, or C‑3 under the city zoning ordinances. No licensee may conduct licensed operations from any location where such operations would reasonably interfere with the intended or primary use of the public place in question. No license shall be issued for any location on property owned or maintained by the city which is within three hundred (300) feet of any location for which a current valid license has been issued.

(Ord. 2082, passed 8-18-87) Penalty, see § 115.99

§ 115.08  COMPLIANCE WITH SIGN REQUIREMENTS

Except as otherwise permitted in this chapter, no transient merchant, or itinerant vendor shall establish or display a sign without first complying with the city ordinances applicable to signs.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04) Penalty, see § 115.99

§ 115.09  FRAUD AND MISREPRESENTATION

Any licensed transient merchant, or itinerant vendor who shall be guilty of any fraud, cheating, misrepresentation, or imposition, whether himself or through an employee, while engaged in his trade within the city or who shall broker, sell, or peddle any goods other than those specified in his application for a license shall be deemed guilty of a violation of this chapter.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04) Penalty, see § 115.99

§ 115.10  DOOR‑TO‑DOOR SOLICITING

1. It shall be unlawful for any person licensed hereunder, or any agent or employee of any person licensed hereunder to go in or upon any private residence, apartment, or other premises in the City for the purpose of selling or soliciting from the occupants thereof or canvassing for orders for publications, goods, wares, and merchandise or services of any character or description, or for the purposes of offering to give or to furnish or giving or furnishing any publications, goods, wares, merchandise, or services to any such occupants or inviting such orders without first having obtained the consent of the occupant thereof.

2. It shall be unlawful for any person licensed hereunder, or for any agent or employee of any person licensed hereunder, to go in or upon any private residence, apartment, or other premises in the city for the purpose of selling or soliciting from the occupants thereof or canvassing for orders for publications, goods, wares, and merchandise or services of any character or description, or for the purposes of offering to give or to furnish or giving or furnishing any publications, goods, wares, merchandise, or services to any such occupants or inviting such orders where any such occupant has forbidden such soliciting or canvassing, or caused to be placed on such premises, in a conspicuous place near the entrance thereof, a sign bearing the words "no trespassing", "no peddlers", "no soliciting", or any similar notice indicating in any manner that the occupants of such premises do not desire to have their right of privacy disturbed, unless such occupant has specifically requested such solicitation or canvassing.

(Ord. 2082, passed 8-18-87) Penalty, see § 115.99

LICENSING

§ 115.20  LICENSE AND BOND REQUIRED

1. It shall be unlawful for any person as principal or agent, to conduct business as a Transient Merchant or Itinerant Vendor within the city without first complying with the requirements of Section 2a of the Retailer’s Occupation Tax Act, ILCS Ch. 35, Act. 120, § 2a, by obtaining a certificate of registration and by posting bond or other appropriate security, and without having obtained a license hereunder.

2. It shall be unlawful for any person as principal, agent, or employee to conduct business as a Transient Merchant or Itinerant Vendor to transact any business within the city without having first obtained a license therefor for each such person who will be conducting such business in the City.

3. No license required in paragraph (A) shall be issued until the applicant therefor has filed the bond required in paragraph (B).

4.  The applicant for a license as a Transient Merchant or Itinerant Vendor shall file with the Chief of Police a surety bond or shall make a cash deposit. The amount of the bond or deposit shall be equal to fifty percent (50%) of the wholesale value of the merchandise that the applicant intends to offer for sale; however, the amount of the bond or deposit shall not be less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00). The City shall transfer said deposit or bond to the Attorney General of this state within fourteen (14) days after the applicant ceases to do business in the city; and the Attorney General shall hold such deposit or bond for two (2) years for the benefit of any person who suffers loss or damage as a result of the purchase of merchandise from said person licensed hereunder or as the result of the negligent or intentionally tortuous act of the person licensed hereunder. The Attorney General will pay any portion of the bond or deposit to any person in accordance with the order of a court without making an independent filing as to the amount of the bond or deposit that is payable to that person. Any balance of said deposit held by the Attorney General two (2) years after the expiration of a license of a person hereunder shall be refunded to the person

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04) Penalty, see § 115.99

§ 115.21  APPLICATION; FINGERPRINTING OF APPLICANT

1. Applications for a Transient Merchant or Itinerant Vendor license as required by § 115.20 shall be made in writing to the Chief of Police and shall state thereon the following:

1. Applicant's full name and permanent address (which must include a street address);

2. The residence address of the principal (and, if applicant is a corporation, the residence address of all of its officers);

3. The applicant's date of birth, if the applicant is an individual;

4. The applicant's social security number or federal employer's identification number;

5. The applicant's driver's license number and the State of issuance of such driver's license;

6. The location(s) at which the applicant intends to do business;

7. The nature of the business the applicant intends to conduct;

8. A copy of the applicant's, or the applicant’s employer’s, certificate of registration under the Retailer's Occupation Tax Act;

9. A complete inventory of the goods the applicant intends to offer for sale; and

10. A list of all licenses to conduct business as a Transient Merchant or an Itinerant Vendor obtained by the applicant in the state in the twelve (12) months preceding the date of filing of the application.

2. If the applicant desires to operate from property owned or maintained by the city in accordance with the provisions of § 115.07 of this chapter, the applicant shall describe the location from which the applicant desires to operate.

3. In addition to the foregoing, before issuing a license, each Applicant must submit to the Chief of Police the following:

1. A fully completed and executed authorization in such form as may be proscribed from time to time by the Chief of Police granting the City of Washington authority to request criminal history and/or conviction information from the Illinois State Police; fingerprints of such persons;

2. A properly and fully completed Conviction Information Request form, or such other form as the Illinois State Police may required from time to time, including the applicant’s original fingerprint images; and

3. A check made payable to the Illinois State Police to cover the necessary Illinois State Police fees and expenses of processing the conviction information/criminal history background check.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04)

§ 115.22  ISSUANCE; EXPIRATION

Upon submission of the information required by §115.21 to the Chief of Police, and upon receipt of the conviction information/criminal history background check results from the Illinois State Police by the Chief of Police, the Chief of Police shall then issue the specific license applied for, which license shall expire on December 31 of the year it was issued; however, no such license shall be issued to an applicant whose conviction information/criminal history background check results indicate, or if the Chief of Police otherwise obtains information indicating the applicant has, a conviction for:

1. A felony, or any offense which if committed in the State of Illinois would have been a felony;

2. A sex offense for which the applicant is required to register as a sex offender; or

3. An offense involving fraud or deceit.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04)

§ 115.23  FEES

No license to transact business as a Transient Merchant or Itinerant Vendor hereunder shall be issued until a fee of one hundred dollars ($100.00) has been paid to the City Clerk.  An additional fee may be required of certain licensees under the provisions of § 115.07.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04)

§ 115.24  TRANSFERENCE OF LICENSE

No license issued pursuant to the provisions of this chapter shall be transferable.

(Ord. 2082, passed 8-18-87) Penalty, see § 115.99

§ 115.25  POSSESSION OF LICENSE REQUIRED AT TIMES WHEN ENGAGED IN ACTIVITY

Any person licensed pursuant to this chapter shall, at all times while engaged in the activities defined in § 115.01, keep said license in his possession and display the same upon the demand of any police officer or upon the request of any person whose premises he seeks to enter.

(Ord. 2082, passed 8-18-87) Penalty, see § 115.99

§ 115.26  REVOCATION

Without excluding other just grounds for revocation, the Chief of Police may revoke any license required under this chapter which is obtained under an application containing a false or fraudulent statement, or for violation of any of the provisions of this chapter, any other ordinances of the city, any state or federal statutes, or any other grounds specified by law, or the selling or offering to sell or soliciting or canvassing for orders for any goods, wares, merchandise, or services other than those specified in his application for license.

(Ord. 2082, passed 8-18-87)

§ 115.27  EXEMPTIONS

The following, if not previously exempted from this chapter, shall be exempt from the provisions and requirements of §§ 115.20 through 115.26 of this chapter, and the prohibition against Hawkers, Peddlers, and Solicitors:

1. Previous invitation. Any person who, for the purpose of selling or taking orders for the sale of merchandise or services, has been previously invited by the occupant of a residence to call thereon.

2. Nonprofit organization. Any person selling, peddling, hawking, soliciting, or taking orders for any goods or services not prohibited by law on behalf of a nonprofit organization sponsored by or participated in by a local chapter of such organization; or by a national nonprofit organization not represented locally but which has filed a statement of registration with the Chief of Police specifying the name of the nonprofit organization, its permanent address, the names of its principal officers and the names of those persons who are authorized to sell, peddle, hawk, or solicit or take orders for goods and services within the city.

3. Celebration. Any person selling, peddling, hawking, soliciting, or taking orders for any goods or services not prohibited by law while invited to participate in any celebration, fair, festival, or similar activity sponsored by the city or a nonprofit organization.

4. Farmers or gardeners. Any person who sells the produce of his own farm, vineyard, orchard, or garden, on the premises and such sales are made upon the same property whereupon the produce has been grown, harvested, picked, or cultivated; provided such person does not obstruct streets, sidewalks or other public places within the city. However, nothing herein contained shall be construed to authorize the sale of alcoholic, spirituous, malt, or other intoxicating liquors, or peddling of any kind whatsoever in any public park.

5. Newspapers vendors. Any person who, on behalf of the publisher of any newspaper of general circulation within the city, peddles the same within the city.

6. Book canvasser. Any person who solicits subscriptions for books, periodicals, and other publications for future delivery within the city.

(Ord. 2082, passed 8-18-87; Am. Ord. 2530, passed 5-3-04)

§ 115.99  PENALTY

1. Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this chapter the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this chapter shall be punished by a fine of not less than fifty dollars ($50.00) and not exceeding seven hundred fifty dollars ($750.00).  A separate offense shall be deemed committed for each day any violation of any provision of this chapter shall continue.

2. If any person makes retail sales as a transient merchant or itinerant vendor without having obtained a license under §§ 115.20 through 115.23 of this chapter, the city may hold the inventory, truck, or other personal property of the person until he obtains a license to conduct business as a transient merchant or itinerant vendor.  If the property has been held by the city for more than  sixty (60) days and the person whose property is being held has not obtained a license under this chapter, the city may petition the circuit court for an order for the sale of the property being held.  If the court finds that the person whose property is held has not obtained a license under this chapter, the court may order the city to sell the property.  Proceeds of the sale of the property, less reimbursement to the city of the reasonable expenses of storage and sale of the property, shall be deposited in the treasury of the city.

3. Any person who violates the provisions of this Chapter relating to Soliciting Without a Permit or License (Code §115.20), shall be fined not less than fifty dollars ($50.00) for a first offense, seventy five dollars ($75.00) for a second offense, and one hundred dollars ($100.00) for a third offense, and not more than seven hundred and fifty dollars ($750.00) for all subsequent offenses. Violations of §115.20 may be enforced by issuance of a “Notice to Violation” for the fine amount enumerated herein, or by issuance of a Notice to Appear.

(Ord. 2082, passed 8-18-87; Am. Ord. 2876, passed 3-1-10)