Chapter 7 – Business Code

CHAPTER 7

BUSINESS REGULATIONS

ARTICLE I – JUNK DEALERS

7-1-1 LICENSE. A person desiring to establish or operate a junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility within the corporate boundaries of the Village, must submit a completed application to the corporate authorities of the Village requesting a license to so establish or operate a junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility within the corporate boundaries of the Village. Said application shall include:

(A) An application fee of Two Hundred Fifty Dollars ($250.00) payable to the Village

(B) A plat of the site prepared by a licensed professional engineer showing the location where the person intends to establish and operate the proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility, and showing the distance between the proposed junk yard, mobile home salvage yard, or automobile graveyard, or scrap processing facility and those residential structures, churches, restaurants, places of public accommodation and schools within one thousand five hundred (1,500) feet of the proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility.

(C) A water drainage and water detention study prepared by a licensed professional engineer showing the site when the person intends to establish and operate the proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility.

(D) A completed license application.

7-1-2 LICENSE RENEWAL AND LICENSE FEE. Prior to issuance of a license to establish and operate a proposed junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility, the applicant shall pay annual license fee of One Thousand Dollars ($1,000.00) to the Village. All licenses to establish and operate a junk yard, mobile home salvage yard, automobile graveyard, or scrap processing facility shall expire one (1) year from the date of issuance, and must be renewed annually by paying to the Village the annual license fee. The Village Board may refuse to renew any license granted hereunder for failure to comply with applicable state, federal, or local laws or regulations, including but not limited to this Article. The license granted hereunder shall not be assignable or transferable. In the event a license granted hereunder is assigned or transferred for any reason whatsoever, the license granted hereunder shall terminate immediately. The Village Board may refuse to grant or renew a license if it determines that the location of the junk yard would be detrimental to the health and safety of the Village and its residents or if it determines that the junk yard does not meet the aesthetic requirements of the Village.

ARTICLE II

SOLICITORS/PEDDLERS, ITINERANT VENDORS, TRANSIENT MERCHANTS,

CANVASSERS

7-2-1 DEFINITIONS. For the purpose of this Chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto, to-wit:

LICENSED VENDOR shall mean and include any person who has obtained a valid Vendors License for engaging in the activities as hereinafter described as a solicitor, peddler, itinerant vendor, transient merchant, or canvasser, and which license is in the possession of said person on his or her person while engaged in such activities.

VENDOR shall mean and include any person engaging in the activities as hereinafter described as a solicitor, peddler, itinerant vendor, transient merchant, or canvasser.

RESIDENCE shall mean and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.

SOLICITOR shall mean a person engaging in any one (1) or more of the following activities, provided that such activity is attempted by the solicitor by physically calling at residences or places of business without the previous consent of the occupant thereof:

(A) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatsoever, for any kind of consideration whatsoever or;

(B) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication or;

(C) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation or project;

PEDDLER shall mean a person engaging in the selling, bartering, or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways, or public places of this Municipality or from house-to-house, whether at one place thereon or from place-to-place, from any wagon, truck, pushcart, or other vehicle or from movable receptacles of any kind, or from but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items. Nor shall ‘peddle’ be taken to include the solicitation of orders by sample where the goods or services are not delivered at the time the order is taken.

ITINERANT VENDOR shall mean any person who transports tangible personal property for retail sales within the village limits who does not maintain within the city an established office, distribution house, sales house, warehouse, service center, or residence from which such business is conducted. “Itinerant vendor” does not apply to any person who delivers tangible personal property within the village who is fulfilling an order for such property which was solicited or placed by mail or other means.

TRANSIENT MERCHANT means any person who is engaged temporarily in the retail sale of goods, wares, merchandise or services within the village limits and who, for the purpose of conducting such business, occupies any building, room, vehicle, structure of any kind, or vacant lot.

CANVASSER means any person calling at residences or places of business without the previous consent of the occupant thereof for the purpose of seeking information.

7-2-2 LICENSE REQUIRED; EXEMPTIONS. It shall be unlawful for any person, firm or corporation to engage in the activities described in the Definitions section above as a solicitor, peddler, itinerant vendor, transient merchant or canvasser as defined herein without having first secured a Vendors License therefor. Each and every person who would be conducting such activities must secure a license and pay the requisite fee, regardless of whether the person is a principal, agent, or employee of the business. However, no such license shall be required for any of the following activities:

A) The selling of services or goods, wares, merchandise, other articles of personal property, or services incident thereto, to persons other than the ultimate customer thereof;

(B) Raw produce that was raised or grown by the vendor;

(C) Selling actual newspapers or newspaper subscriptions for newspapers printed within a 200 mile radius of the village limits;

(D) Religious publications and articles offered at no cost to the occupant;

(E) All activities involving sales that fall under the sponsorship of the villages chamber of commerce’s, any North Clay Unit #25 school or school related organization, any national or Illinois charitable organization, any local charitable organization generally known as a permanently established charity in Clay County, IL., and any religious organization which has a permanently established presence within Clay County, IL.;

(F) Auctions, yard sales, garage sales and rummage sales;

(G) Persons employed or representing an established merchant, business firm, or corporation located and regularly doing business in the Village;

(H) Farmers living in Clay County, IL. selling any food items raised or produced by themselves;

(I) Permanently established residents who are registered voters in the Village, or their children, regardless of their activities conducted;

(J) Engaging in any of the activities described herein this Article by physically calling at residences or places of business with the express prior consent of the owner or occupant thereof;

(K) Solicitation by telephone or mail or internet;

(L) The selling of any type of insurance by an agent of any insurance company licensed to do business in the State of Illinois.

(M) All political activities.

7-2-3 APPLICATIONS. A person desiring a Vendors License as herein described may obtain the same by making application with the Village Clerk and providing the following information:

(A) Name, social security number, and physical description of applicant.

(B) Permanent home address, and local address if operating from such an address.

(C) A brief description of the business and of the activities to be conducted.

(D) Name and address of the employer, if any.

(E) The length of time for which the right to do business is desired.

(F) Evidence that the agent is acting on behalf of the corporation he represents.

(G) The last three (3) municipalities where the applicant carried on business as described herein immediately preceding the date of application to this Municipality, the address from which such business was conducted in those municipalities, and the employer of the applicant while conducting such activities as described herein at those last three municipalities.

(H) Provision of at least two photo identification cards, one of which must be a valid drivers license or state identification card.

All statements made by the applicant upon the application or in connection therewith shall be under oath.

7-2-4 INVESTIGATION OF APPLICANTS. Upon receipt of each application, it shall be referred to the Mayor or his designee, who shall investigate the business and moral character of the applicant. If the facts show the applicant unfit to receive the license, then it shall be denied.

7-2-5 APPROVAL OF APPLICATIONS; REVOCATION. The Mayor or his designee, 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 or if the issuance of a Vendors License to the applicant would not be in accord with the intent and purpose of this Article. Endorsement shall be made by the Mayor or his designee upon the application of the denial of the application. When the applicant is found to be fully qualified, the Vendors License shall be issued forthwith.

Any Vendors License issued hereunder shall be revoked by the Mayor if the holder of the License is convicted of a violation of any provision of this Article, or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a Vendors License under the terms of this Article. Immediately upon such revocation, written notice thereof shall be given by the Mayor to the holder of the Vendors License in person if possible or by regular U. S. Mail, addressed to his or her residence address set forth in the application, and the Vendors License shall be immediately surrendered by the applicant. Immediately upon the giving or mailing of such notice, the Vendors License shall become null and void.

The Vendors License shall state the expiration date thereof.

7-2-6 HOURS. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed under this Article or not, to engage in any of the activities described herein prior to 9:00 A.M. or after 8:00 P.M. on Monday through Saturday, or at any time on a Sunday or at any time on a State or National holiday.

7-27 FRAUD. No licensed peddler or hawker shall may commit any fraud, cheating or misrepresentation, whether through himself or through an employee while acting as a peddler in this Municipality, or shall barter, sell or peddle any goods or merchandise or wares other than those specified in his application for a license.

7-2-8 UNWANTED PRESENCE. Nothing contained in this Chapter nor the issuance of any license hereunder shall entitle the licensee to go in or upon any private residence or place of business for the purpose of engaging in activities as herein described if such licensee, his agents or employees are directed to depart from said private residence or place of business by the owner or person in charge thereof.

7-2-9 UNWANTED ENTRY AS NUISANCE. The practice of entering a private residence in the Village by solicitors, peddlers, itinerant merchants, transient vendors or canvassers, whether licensed or not, without having been requested or invited to so enter by the owner or occupant of said private residence for the purpose of engaging in any of the activities described herein is hereby declared to be a nuisance and is punishable as a violation of this Code.

7-2-10 PUBLIC SQUARE. No person required to be licensed hereunder this Article shall conduct any of the activities described herein in the Villages public square or the businesses located thereon without the express consent of the owner or occupants thereof.

7-2-11 FEES. The license fees per person to be charged for a Vendors License as described herein, each payable in advance, are hereby fixed and established as follows:

(A) Daily License: $10.00 per person per day

(B) Annual License: $50.00 per person per year

7-2-12 POLICY ON SOLICITING. It is declared to be the policy of this Village that the occupant or occupants of the residences or places of businesses in this Village shall make the determination of whether Vendors as herein described shall be or shall not be invited to their respective residences or places of businesses.

7-2-13 NOTICE REGULATING SOLICITING. Every person desiring to secure the protection intended to be provided by the regulations pertaining to Vendors contained in this Article shall comply with the following directions:

(A) Notice of the determination by the occupant of the refusal of invitation to Vendors to any residence or place of business shall be given in the manner provided in paragraph (B) of this Section.

(B) A weatherproof card, approximately three inches by four inches (3 x 4) in size shall be exhibited upon or near the main entrance door to the residence or place of business indicating the determination by the occupant and containing the applicable words, as follows:

ONLY REGISTERED VENDORS INVITED

OR

NO VENDORS/SOLICITORS/CANVASSERS INVITED

(C) The letters shall be at least one-third (1/3) inch in height.

(D) Such card so exhibited shall constitute sufficient notice to any Vendor as defined herein of the determination by the occupant of the residence or place of business of the information contained thereon.

7-2-14 COMPLIANCE BY VENDORS. It is the duty of every Vendor as defined herein upon going onto any premises in this Village upon which a residence or place of business is located to first examine the Notice Regulating Solicitation provided for in the Article if any is attached and be governed by the statement contained on the notice.

If the notice states ONLY REGISTERED VENDORS INVITED, then a Vendor not possessing a valid Vendors License as herein provided for shall immediately and peacefully depart from the premises; and if the notice states, NO VENDORS/SOLICITORS/CANVASSERS INVITED, then the Vendor, whether licensed or not, shall immediately and peacefully depart from the premises.

Any Vendor who has gained entrance to any residence or place of business, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

7-2-15 UNINVITED SOLICITING PROHIBITED. It is declared to be unlawful and shall constitute a nuisance for any Vendor, whether licensed or not, 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 premises for the purpose of securing an audience with the occupant thereof and engage in soliciting or other activities as herein defined, in defiance of the Notice Regulating Solicitation exhibited at the premises.

VILLAGE OF LOUISVILLE

BUSINESS LICENSE APPLICATION

APPLICATION NO. _________________ ANNUAL LICENSE FEE DUE MAY 1ST: $______

(PLEASE TYPE OR PRINT)

1. Applicant’s Name:_____________________________________ PHONE ( )

2. Applicant’s Address

City_________________________________ State_______________ ZIP

3. Length of resident at above address ________years ____________months

4. Applicant’s Date of Birth ___/___/___ Social Security No.

5. Marital Status ___________________ Name of Spouse

6. Citizenship of Applicant

7. Business Name________________________________________ PHONE ( )

8. Business Address

City_________________________________ State_______________ ZIP

9. Length of Employment _________years _____________months

10. All residences and addresses for the last three (3) years if different than above:

_____________________________________________________________________

______________________________________________________________________

11. Name and Address of employers during the last three (3) years if different than above:

__________________________________________________________________________

__________________________________________________________________________

12. List the last three (3) municipalities where applicant has carried on business immediately preceding the date of application:

__________________________________________________________________________

13. A description of the subject matter that will be used in the applicant’s business:

__________________________________________________________________________

14. Has the applicant ever had a license in this municipality? [ ] Yes [ ] No

If so, when _______________________________________________________________

15. Has a license issued to this applicant ever been revoked? [ ] Yes [ ] No

If “yes”, explain: _____________________________________________________________

16. Has the applicant ever been convicted of a violation of any of the provisions of this Code, etc.?

[ ] Yes [ ] No If “yes”, explain:

_________________________________________________________________________

17. Has the applicant ever been convicted of the commission of a felony? [ ] Yes [ ] No

If “yes”, explain:

18. LICENSE DATA: Term of License

Fee for License $

Sales Tax Number

License Classification __ ____

19. LIST ALL OWNERS IF LICENSE IS FOR LOCAL BUSINESS (PERMANENT):

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

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