G-257 - 09/25/1979 - AGREEMENT - Ordinances '/6/79
ORDINANCE NO. G- 257
AN ORDINANCE AMENDING ARTICLE IV OF
CHAPTER 8 OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, ILLINOIS AND
PROVIDING FOR THE REGULATION OF PEDDLERS
AND SOLICITORS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS,
as follows:
Section 1: That Article IV of Chapter 8 of the
Code of Ordinances of the Village of Oak Brook, Illinois , Sec-
tions 8- 160 to 8-169 , be and is hereby amended to read as fol-
lows :
Section 8-160 : Definitions
(1) "Solicitor" , for the purposes of this Article,
shall mean and include any person or persons doing or performing
any one or more of the following activities :
(a) Seeking to obtain orders either for im-
mediate or future delivery for the purchase of
goods , wares , merchandise , foodstuffs , ser-
vices of any kind, character or description
whatever , for. . any kind of consideration
whatever or
(b) Seeking to obtain prospective customers
for application or purchase of insurance of
any type , kind or character ; or
(c) Seeking to obtain subscriptions to books ,
magazines , periodicals ,. newspapers and every
other type or kind of publication; or
(d) Seeking to obtain contributions on be-
half of any charitable , civic, educational
or religious organizations; or
e) Going upon any premises and ringing the
door bell , upon or near any door , or creating
any sound in any other manner calculated to
attract the attention of the occupant of such
residence , for the purpose of engaging in
any of the activities described in paragraphs
(a) through (d) above ;
Provided, however , that the term "solicitation" shall not include
any of the activities described in paragraphs (a) through (e) above
when undertaken by any person pursuant to a previous appointment or
invitation, or when undertaken by a person under sixteen (16) years
of age whether with or without a previous invitation. Nothing here-
in shall be construed to authorize the employment of persons under
sixteen (16) years of age in violation of the provisions of applic-
able law.
9/6/79
Ordinance No . G- 257
Peddlers and Solicitors
Page two
(2) "Peddler" , for the purposes of. this article shall
mean any person or persons who sell , or offer for sale , property
for immediate delivery from other than a fixed place of business
on private property. "Peddler" shall include any person who engages
in peddling and shall include persons required to be licensed pur
suant to "An Act to Regulate the Business of Transient Merchants
and to Provide Penalties for the Violation of this Act", Chapter 1212
Sections 158 et sequitur , Illinois Revised Statutes , 1977.
Section 8-161 Solicitation - Permit Required
(1) Application . No person shall solicit within the
Village of Oak Brook for any purpose unless a permit application has
been filed by, or on behalf of, such person with the Police Depart-
ment of the Village. The permit application shall contain the follow-
ing information concerning the applicant; to wit :
(a) the full name , mailing address and telephone
number of the person or organization spon
soring , promoting or conducting the proposed
activities ;
(b) the full name , mailing address and telephone
number of the individual person or persons
who will have supervision of and responsibility
for the proposed activities ;
(c) the full name , mailing address and telephone
number of the individual person or persons
.who will be engaged in the proposed solicitation
activities ;
(d) the subject matter of the proposed distribution
or communication, and the purpose thereof;
(e) a description of the proposed activities , in-
dicating the type of communication to be in-
volved;
(f) the dates and hours which the activities or soli-
citation are proposed to begin.., and the expected
duration of the proposed activities ; and
(g) the purpose of the solicitation.
(2) Fees . No fees shall be required in connection with
any solicitation permit application.
(3) Filing. Solicitors for funds must file a perm
it
application at least three (3) days prior to the solicitation of
any funds . All solicitors for funds must comply with "An Act to
Regulate Solicitation and Collection of Funds for Charitable Purposes,
Provid_ng for Violations Thereof, and Making an Appropriation There-
for , C -apter 23, Sections 5101 et sequitur , Illinois Revised Statu-
tes , -977 .
(4) Permit Duration . The permit referred to herein shall
be valid only for a period of thrity (30) days from the date of the
issu—nnce of same. Nothing herein, however, shall prevent the reissuance
of p.--,.4 s to solicitors in compliance with the provisions of this
Codes
Section 8-162 Solicitation-Acceptance of Contributions -
Additional Requirements
If the proposed activity for which a permit is sought in-
cludes the solicitation or acceptance of contributions , the person or
organization sponsoring , promoting or conducting the ` proposed acti-
vities , in addition to meeting the requirements of Section 8- 161,
shall file with the Police Department a financial report containing
the following information , in the form set forth in Appendix A to
this Ordinance .
"7 .. Ordinance No . G.- 257
Peddlers and Solicitors
Page three
(A) receipts (revenues) ;
(B) disbursements and expenses ;
(C) balance sheet of assets and liabilities ;
(D) a statement that the person(s) or organi-
zation(s) described in Sections 8-161 (a) -
(c) has not been convicted of a crime involv-
ing fraud within the two years prior to the
filing of the report .
The information contained in the financial report shall
relate to the most recent full calendar year, or in the alternative
at the election of the sponsoring person or organization, the spon-
soring person or organizations most recent full fiscal year.
In lieu of such a financial report, the sponsoring
person or organization may submit a copy of their most recent In-
ternal Revenue Service Form 990 (Return of Organization Exempt
from Income Tax Under Section 501 (c) of the Internal Revenue Code) ,
or other documents containing the information called for in the
financial report form.
No permit for an activity involving the solicitation
and/or acceptance of contributions may be issued unless the financial
report required by this section is on file with the Police Department
however, the contents of the financial report may not be considered
in the permit application process .
Section 8- 163 Issuance of Solicitation Permit
Upon receipt of a completed permit application, the
Police Department must issue a solicitation permit unless one or more
of the following facts exist:
(A) that one or more of the statements in the ap-
plication is incorrect ; provided that the ap-
plicant has been given the opportunity to
correct or amend his application;
(B) if the application is for a permit to - soli-
cit contributions , that the applicant or
any agent or representative of the applicant
who will participate under the permit has been
convicted of an offense involving fraud within
the past two years ;
(C) if the application is for a permit to solicit
contributions , that a completed, current fin-
ancial report for the person or organization
on whose behalf the solicitation will be made
is not on file with the Police Department as
required under Section 8-162 .
Section 8-164 Revocation of Permit
The Chief of the Police Department shall revoke a permit for
a violation of any of the provisions of Sections 8-167 or 8-168
of this Code . When a permittee is notified of the revocation of
such permit, said permittee shall immediately cease all solicitation.
Such revocation shall not preclude the imposition of penalties other-
wise provided for in Section 8-169 hereof for violation of said
Sections 8-167 or 8- 168 .
Ordinance No. G- 2, �
Solicitors and Peddlers
Page four
Section 8-165 Appeal of Revocation
(1) Upon notification of revocation of a permit,
a permittee may within ten (10) days after receipt
thereof, file with the Village Manager a Notice
of Appeal to the President and Board of Trustees .
Upon filing of said Notice with the Village Manager,
the permittee may resume regulated activities , and
such activities shall not be restricted until final
determination of the appeal by the President and
Board of Trustees .
(2) Upon receipt of the Notice of Appeal, the Village
Manager shall set the matter for hearing before the
President and Board of Trustees within twenty (20)
days thereof and shall issue a Notice of Hearing
which shall contain the time and place .of the
hearing .
(3) At the hearing the aggrieved permittee may b'e
represented by counsel .
(4) Testimony shall be taken upon oath orb affirmative,
first of witnesses in support of the revocation of
the permit; the aggrieved permittee may then testify
and present witnesses on his/her behalf .
(5) The findings and order of the President and Board
of Trustees shall within ten (10) days of the conclu-
sion of the hearing be forthwith sent to the permittee
by certified mail return receipt requested, at the
address listed on the permittee 's application .
(6) If the Police Chief' s revocation is affirmed it will
become effective immediately unless a court of competent
jurisdiction rules otherwise .
Section 8-166 Peddler - License Required
(1) License Required. It is unlawful for any person,
firm or corporation to engage in the business of peddling within the
Village of Oak Brook without first obtaining a license in accordance
with the provisions of this Code .
(2) Application for Peddler ' s License - Procedure . Appli-
cation for Peddler ' s license shall be made at the office of the
Police Department , which application shall be in writing on a fora
provided by the Village and shall give the applicant ' s name, address ,
place of birth, age , height , weight , color of hair and eyes , place
of residence , and telephone number of the firms , company, organiza
Lion or association which he or she represents ; make of automobile
or vehicle and license number of the automobile or vehicle., if any,
to be dsed while engaging in such business ; the article or articles
to be S^ld or for which orders are to be taken; and the length of
time *cr which such license is requested.
The application once filed with the Police Department, shall
be submitted to the Chief of Police, who shall deny the issuance of
a license if, after a thorough investigation of the information con-
taire in the application and any other information he may require of
the. applicant, it is found that:
(a) the application is incomplete or incorrect; or
(b) the applicant has previously been convicted of
violating this Ordinance of any other law in-
volving fraud or simialr offenses or
(c) the applicant has not submitted the total appro-
priate license fee as required hereunder .
Ordinance No . G- 257
Solicitors and Peddlers
Page five
(3) Fees . The weekly fee for peddlers shall be twenty
dollars ($20) , the monthly fee shall be fifty dollars ($50) and
the annual fee shall be one-hundred dollars ($100) .
Section 8- 167 Restrictions Applicable to All Solicitors
and Peddlers
(1) It shall be unlawful for any person to engage in
solicitation or peddling at any time prior to 9 a.m. or after
8 p .m. local time on any weekday, or at any time on a Sunday or on
a state or national holiday.
(2) It .shall be unlawful for any person to engage in
solicitation or peddling upon any premises or in any dwelling house,
apartment or other residence located thereon, after having been
asked by the owner or occupant thereof to leave such premises .
(3) It shall be unlawful for any person to engage in
solicitation or peddling upon any premises, dwelling house, apartment
or other residence located thereon if such premises or residence is
posted against solicitation or peddling by means of a prominently
displayed notice as defined in Section 8-168 of this Code .
(4) It shall be unlawful for any person who engages in
solicitation or peddling to use any plan, scheme or ruse or make
any statement which indicates or implies that the purpose of such
person.' s visit is other than to obtain contributions or orders for
sales of goods or services.
(5) It shall be unlawful for any person who engages in
solicitation or peddling to misrepresent the right of a buyer to
recind or cancel a sale under the provisions of applicable law.
(6) It shall be unlawful for any person who engages in
solicitation or peddling to cheat, deceive, or fraudulently mis
represent, whether through himself or through an employee, while
acting as a peddler or solicitor in the Village, or to barter, sell
or peddle any goods , merchandise or wares other than those specified
in his application for a license .
(7) No solicitor or peddler shall interfere with either
vehicular or pedestrian traffic on the public right-of-way.
(8) It shall be unlawful for any solicitor or peddler
to use sound or voice amplification_ systems or other mechanical sound
devices in any solicitation or peddling.
(9) Each permittee shall wear an identification badge on
outer garments so as to be visible at all times , which badge shall
be issued by the Police Department and which shall contain, in a
form authorized by the Police Department, the following:
(a) name of the permittee ;
(b) address of the permittee ;
(c) telephone number of the permittee , and
(d) name of the group or organization, if
any, on whose behalf the permittee is conducting
regulated activities
Section 8-168 Trespass-Prohibited .Solicitation and Peddling
(1) The Village Clerk shall make available , at the Police
Department, at no cost, decals or other insignia, of a size not less
than four (41') inches in diameter and with lettering thereon not
less than one-third (1/3") inch in height . Decals shall be inscribed
with the legend advising that no peddlers or solicitors are allowed
on the premises
Ordinance No . G- 257
Solicitors and Peddlers
Page six
(2) Any land. owner or tenant resident upon the premises
desiring to take advantage of this Section may obtain such decals
at the Village Hall . Such decal shall then be prominently displayed
on the front door or the window nearest thereto , and in any event, _
where it can be readily seen from the public sidewalk or other '
entryway in front of the premises .
(3) Any peddler or solicitor entering any premises so
posted with a decal shall be guilty of violating this Section and
may be prosecuted accordingly for violating this Section .
Section 8- 169 Penalty for Violation
Any person, firm or corporation violating any of the
provisions of this Article shall be fined not less than twenty-
five dollars ($25) nor more than five-hundred dollars ($500) for
each offense, and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
Section 2 : That Ordinance G-95. passed November 12,
1968 and all other Ordinances , Rules and Regulations of the *Village
of Oak Brook which are in conflict with the provisions of this
Ordinance, are hereby repealed to the extent of such conflict
Section 3: That the provisions of this Ordinance are
deemed to be severable_ and the validity or invalidity of any part of
this Ordinance shall not affect the validity of any remaining por
tions of this Ordinance .
Section 4 : That the Village Clerk is hereby authorized
and directed to publish this Ordinance in pamphlet form in the
manner provided by law.
Section 5 : This Ordinance shall be in full force and
effect from and after its passage, approval and publication in;pam-
phlet form all as required by law.
Passed this 25th day of September .,, 1979 .
Ayes : Trustees Brown, Congreve, Marquardt, Philip, Reynolds
Nays :_ None
Absent: Trustee Rush
Approved this day of , 1979
Village Pre,`ident
ATTEST: r
Villac-e Clerk
Approved as to Form:
!Vii 1 ge A torney
Not Published
Published 9/26/79 Pamphlet
Date Paper
APPENDIX A
FINANCIAL REPORT FOR ORGANIZATIONS
SOLICITING
For the calendar year 19 or fiscal year beginning 19 ,
and ending 19 ' _
INSTRUCTIONS: All persons or organizations wishin to conduct solici
tation activities under Section 8-160 of Article IV of Chapter 8 of
the Code must have a_completed , current financial report on file with
the Police Department. This report will be available for public
inspection. While no permit to solicit or accept contributions will
be granted unless the person or organization on whose behalf such .
solicitation will be made has filed a financial report with the
Polce Department , the contents of the report will not be used as a
basis for denying or granting a permit to any individual.
In lieu of completing this report , applicants may submit a copy of
their most recently submitted IRS Form 990 (Return of Organization Ex-
empt from Income Tax) . (Additional schedules to Form 990 need not
be submitted) .
The information requested in this report must be from either the
most recent calendar year or the most recent fiscal year .
Use additional pages , if necessary. Amounts may be rounded to the
nearest dollar.
A. Name of Organization
B . Address (Number and Street)
C . City or Town , State and ZIP Code
Receipts (Revenues)
1 . Gross sales or receipts from all business activities
(state nature)
2 . Interest . . . . . . . . . . . . . . . . . . . . .
3 . Dividends . . . . . . . . . . . . . . . . . . . .
4 . Gross Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S . Gross Royalties . . . . . . . . . . . . . . . . . . . . . . . .
6 . Gross. amounts received from sale of assest , excluding
inventory items . . . . . . . . . . . . . . . . . . . . . .
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7. Other income (State nature - Do not include con-
tributions , gifts , grants , etc .) . . . . . . . . . . . . . . . . . .
8 . Total gross sales and receipts from other sources
(Enter total of lines 1 through 7) . . . . . . . . . . . . .
9. Cost of goods sold . . . . . . . . . . . . . . . . . .
10 . Cost or other basis and sales expenses of assests
sold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Gross income - - line 8 less sum of lines 9 and 10 . . . :
12 . Gross dues and assessments from members and
affiliates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Gross contributions , gifts, grants and similar
amounts received . . . . . . . . . . . . .
14 . Total - - add lines 11, 12 , and 13 . . . . . . . . . . . . . . . . .
Expenses and Disbursements
15 . Contributions , gifts , grants and similar amounts
paid . .
16 . Disbursements to or for members
17 . Compensation of officers , directors and trustees
18 . Other wages and salaries . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 . Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 . Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . De:D-eciation (and depletion) . . . . . . . . . . . . . . . . . . . .
23. Other (state nature)
24 . Total - - add lines 15 through 23 . . . . . . . . . . . . . . . . . . . . . . .
2S . Excess of receipts over expenses and disbursements - -
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line 14 less 24 - - increase (or decrease)
innet worth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Balance Sheets Beginning of Taxable End of Taxable
Year Year
Assets (A)Amount (B) Total (C)Amount (D)Total
26 . Cash: (a) Savings and
interest-bearing ac-
counts . . . . . . . . . . . . . . . . — —
(b) Other. . . . . . - - - - - - - - - - - - - - - - - - -
27. Accounts receivable
net . . . . . . . . . . . . . . . . . . — — - - —
28 . Notes receivable net . .
29 . Inventories . . . . . . . . . . - _ _
30 . Government obligations
(a) U.S. and instru-
mentalities . . . . . . . . ...
(b) State , subdivi-
sions , thereof,
etc .
31. Investments in nongov
ernmental bonds , etc . . — _ _ - — -
32 . Investments in corpor-
ate stocks . . . . . . . . . . _ _
33 . Mortgage loans (number
of loans . . . . . . . — — - — —
34 . Other investments
35 Depreciable (depletabl
assets . .
(a). Less - accumulated — — — — —
depreciation. (deple
tion) —
_ i
36 . Land . . . . . . — — — — —
37 . Other assets (state
nature) . . . . . . . . . . . . . —
9/ b/ /y
Balance Sheets Beginning of Taxable End of Tax_�le .
Year Year
Assets (A)Amount (B)Total j
(C)Amount ; (D)Total
38 . Total assets
(line 12 , Part I) . . . . .
Liabilities
39 . Accounts payable . . . . .
40 . Contributions , gifts ,
grants , etc . , payable .
41. ('a) Bonds and notes
payable
(b) Mortgages payable . - — – — – --
42 . Other liabilities –
(state nature) . . . . . . . .
43. Total Liabilities
Net Worth
44 . Capital stock or prin-
cipal fund balance . . .
4S . Paid-in or capital _
surplus . . . . . . . . . . . . . .
46 . Retained earnings or
income fund balance . . .
47 . Total net worth
48 . Total Liabilities and
Net Worth . . . . . . . . . . .
I hereby certify that the person or the organization on whose behalf
this solicitation will be conducted and any person who will apply for a
permit to solicit funds in that behalf has not been convicted of a crime
involving fraud within the past two (2) years .
All t e information contained in this report is true, correct and com-
plete to 1e best of my knowledge and belief.
!Ta- e- - - - - - - - - - - - - - - - - – –
. Signature of Officer or Trustee .Title– – –