SOLICITOR S PERMIT INFORMATION

Transcription

1 City of Carbondale City Clerk 200 S. Illinois Avenue Carbondale, Illinois Phone (618) Fax (618) Explorecarbondale.com SOLICITOR S PERMIT INFORMATION Attached is an application for a City of Carbondale Solicitor s License. This license may be obtained by filing the attached application with the City Clerk s Office no less than 10 business days in advance of the proposed activity. REGISTRATION FEE: Each applicant shall pay to the City Clerk an annual registration fee of $150 for the term May 1 through April 30 each year, or a fee of $10 per day, per each individual solicitor on behalf of the license holder. If an annual fee is paid after May 1, then the fee shall be prorated on a monthly basis for the remainder of the license year. This license fee is in addition to any fees required for the criminal history check (see last page of application). All fees shall be paid at the time the application is submitted and shall be non-refundable. SOLICITOR S PERMIT APPROVAL: Any Solicitor s Permit issued will expire on April 30 of each year. The permit fee and all pertinent documentation must be submitted before the approval process is initiated. Within 5 days of the receipt of the application, the City Clerk will send copies of the application to the Police Department (for investigation of criminal history) and to the Finance Department (to determine if the applicant has an outstanding debt to the City). These departments must report to the City Clerk within 10 days. Upon receipt of the information, the City Clerk shall cause the permit to be issued within five business days unless it is determined that the license must be denied. SOLICITOR S PERMIT DENIAL: Notification of Denial If the City Clerk determines that the applicant has not met one or more of the above conditions, the City Clerk shall deny the issuance of the permit and shall give written notification of such denial to the applicant by first class mail to the applicant s address listed on the application. SOLICOTOR S PERMIT REVOCATION: A Solicitor s Permit shall be revoked if: 1) the licensee has violated any City Code provision relative to the issuance of a Solicitor s Permit; 2) if the applicant ceases to possess the qualifications and character required in the City Code for the original registration; 3) has made false statements or misrepresentations in the registration application; 4) conducts solicitation activities contrary to the conditions of the permit requirements; 5) or conducts solicitation activities in an unlawful manner or in such manner as to create a public nuisance or in such way as to constitute a danger to the health, safety or welfare of the public. If a permit is revoked, the fee is not refundable. If the permit is denied or revoked, the City Clerk shall provide written notification of such denial or revocation to the applicant in person or by first class mail. Appeals are through the City Manager s Office and the decision of the City Manager is final. PERMIT TO BE CARRIED ON PERSON AND EXHIBITED UPON REQUEST: Every solicitor shall carry the permit issued under this Chapter on his/her person at all times while conducting business as a solicitor in this City. It shall also be the duty of every solicitor to exhibit such permit when requested to do so by any law enforcement officer or other departmental personnel designated by the City Clerk. TRANSFER: No license issued may be transferred, sold or assigned to another person or business.

2 DISCLOSURE REQUIREMENTS: Every person soliciting shall, before entering any dwelling, identify himself to the occupant by name, state which individual, partnership, corporation, group, or association he represents and state the identity of the merchandise or services he is offering to sell. If the solicitor takes a sales order for the later delivery of the merchandise, then at the time the order is taken, the following information shall be provided the buyer in a written statement: 1) The terms of the agreement; 2) The amount paid in advance, whether in full, partial, or no advance payment is paid; 3) The name, address and telephone number of the seller; 4) The deliver or performance date; and, 5) Whether a guarantee or warranty is provided and, if so, the terms thereof. POSTED PREMISES: No person shall solicit on any premises if the premises is posted against solicitation by means of a notice prominently displayed on, which is printed the following legend, or words of similar meaning: NO SOLICITORS, NO PEDDLERS. PROHIBITED PRACTICES: A solicitor shall not misrepresent or make false, deceptive, or misleading statements concerning the quality, quantity, or character of any merchandise offered for sale, the purpose or his identity, or the identity of the organization he represents. A solicitor shall not sell or barter any goods, services, merchandise or wares other than those specified in his solicitor s permit. No person shall impede the free use of sidewalks or streets by pedestrians or vehicles. No person shall stand in or on a public street for soliciting contributions from the occupant of a motor vehicle. No person shall solicit at, or remain on the premises of any dwelling or business premises after having been asked by the occupant or businessperson thereof to leave the premises. No solicitor shall conduct himself in a disorderly or unlawful manner. No solicitor shall make, or cause to be made, any loud or obnoxious noise of such volume sufficient to disturb the peace of the residents of the City. No person shall solicit at residential dwellings without prior written consent of the occupant except between the hours of 9 a.m. and 9 p.m. Monday through Saturday and noon and 9 p.m. on a Sunday or on a national holiday. EXCEPTIONS: The registration and fee requirements of this Chapter shall not apply to the following: 1) Officers or employees of the City, County, State or Federal Government or any subdivision thereof, when on official business; 2) Persons soliciting funds on behalf of a 'bona fide' not-for-profit organization ; 3) Persons soliciting on behalf of a candidate for public office or on behalf of a political party; 4) any person under the age of 17 years is not required to register as a solicitor with the City Clerk s Office, but shall disclose to any business or resident their organizational affiliation and purpose of the solicitation. NO AGREEMENT TO EVADE: It shall be unlawful for a nonresident of the City to enter into an oral or written business arrangement or agreement with a resident of the City for the purpose of evading this City Ordinance. SEVERABILITY: If any part, section, subsection, sentence, clause or phrase of this Chapter is, for any reason, declared to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect or impair the constitutionality or validity of the remaining portions thereof. PENALTY: Any person who violates any provision of this Chapter shall be subject to a fine of not less than $50 nor more than $750 for each offense. A separate offense shall be deemed committed on each day that a violation continues. All violations of this Chapter are hereby determined to be a nuisance, which may be abated or enjoined by the City. Nothing in this Chapter shall exempt the City or any person from seeking civil remedies against any person who is in violation of this Chapter.

3 City of Carbondale City Clerk 200 S. Illinois Avenue Carbondale, Illinois Phone (618) Fax (618) Explorecarbondale.com SOLICITOR S PERMIT REGULATIONS : REGULATIONS SPECIFIC TO SOLICITORS (COMMERCIAL AND NONCOMMERCIAL): A. Soliciting: No person shall solicit on any premises if the premises is posted against solicitation by means of a notice prominently displayed, on which is printed the following legend, or words of similar meaning: NO SOLICITORS, NO PEDDLERS, or NO TRESPASSING. It shall be the duty of each solicitor to first examine any premises for the above-referenced notice and, if present, to immediately and peaceably depart. Any peddler/solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. B. Hours: Soliciting shall not occur except between the hours of 9:00 A.M. and 6:00 P.M. Monday through Saturday and between 12:00 noon and 6:00 P.M. on Sundays, and State or national holidays. C. False, Deceptive Or Misleading Statements: A solicitor shall not misrepresent or make false, deceptive, or misleading statements concerning the quality, quantity, or character of any merchandise offered for sale, his/her identity, or the identity of the organization which he or she represents. D. Complaints: If a verbal or written complaint is filed alleging that a solicitor has violated any provision of this chapter, the City Clerk shall promptly send a copy of the written complaint to the solicitor, together with a notice that an investigation will be made as to the truth of the complaint. The solicitor shall be invited to present exculpatory evidence to the City Clerk's Office. If the City Clerk, after reviewing all relevant material, finds the complaint to be supported by a preponderance of the evidence, the complaint shall be certified. E. Non-Commercial Solicitation Are Exempt From Licensing Requirements: Licensing requirements for door-to-door solicitation shall not apply to government employees when on official business, persons soliciting on behalf of a bona fide not-for-profit organization, persons soliciting on behalf of a candidate for political office or on behalf of a political party, and a person of the age sixteen (16) and under, who is participating in fundraising programs for, or sponsored by, a public or private elementary or high school or bona fide children's organization including, without limitation, Boy Scouts, Girl Scouts, or youth sports. (Ord )

4 City of Carbondale City Clerk 200 S. Illinois Avenue Carbondale, Illinois Phone (618) Fax (618) Explorecarbondale.com SOLICITOR S PERMIT APPLICATION NOTE: This application must be submitted no less than 10 business days before the proposed sale. Name of Company BUSINESS INFORMATION Address of Company Company Phone IBT Number or FEIN Contact Person Contact Phone Contact Name of the product you are representing Description of product General location in which the applicant intends to solicit Will you receive any monetary compensation or portion of monies collected? Date(s) when applicant intends to solicit (Maximum30 days) From If a motor vehicle is to be used in conjunction with the applicant s licensed activities, the following information is required Make & Year Color License Plate Number State Yes To No SOLICITOR INFORMATION Name Phone Address Have you ever been convicted of a criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction? If yes, please list each conviction with the date and prosecuting jurisdiction. Yes No Have you previously applied for a Solicitor s Permit in the City of Carbondale? If yes, give the approximate date of application Yes No

5 PERMITTED SOLICITING HOURS Between the hours of 9:00 A.M. and 6:00 P.M. Monday through Saturday and between the hours of 12:00 Noon and 6:00 P.M. on Sundays and State or National Holidays. CERTIFICATION I, the undersigned, do hereby certify that to the best of my knowledge and belief the above information is true, correct, and complete. I understand that failure to correctly and completely answer the above questions will be cause for denial of this license. Signature Date State of County of Notary Public Subscribed and sworn to before me this Day of 20 CRIMINAL BACKGROUND AND CREDIT CHECK AUTHORIZATION FOR CARBONDALE CITY LICENSES I authorize and empower the City of Carbondale or agent thereof or any other outside service company engaged by the City of Carbondale for this purpose, now or subsequently, to obtain prepare, use, and furnish information concerning my current and former employment, education, credit, general reputation, criminal history information through correspondence, contact, or personal interviews with law enforcement agencies. Upon written request, I understand that said City will provide me with information regarding the nature and scope of the investigation if on is made. Print Name SSN Signature Date FOR OFFICE USE ONLY Date of Application Number of Days Total Fees w/back Ground Date Paid Notes : REGULATIONS SPECIFIC TO SOLICITORS (COMMERCIAL AND NONCOMMERCIAL): A. Soliciting: No person shall solicit on any premises if the premises is posted against solicitation by means of a notice prominently displayed, on which is printed the following legend, or words of similar meaning: NO SOLICITORS, NO PEDDLERS, or NO TRESPASSING. It shall be the duty of each solicitor to first examine any premise for the above-referenced notice and, if present, to immediately and peaceably depart. Any peddler/solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. B. Hours: Soliciting shall not occur except between the hours of 9:00 AM and 6:00 PM Monday through Saturday and between 12:00 noon and 6:00 PM on Sundays, and State or national holidays.

6 C. False, Deceptive or Misleading Statements: A solicitor shall not misrepresent or make false, deceptive, or misleading statements concerning the quality, quantity, or character of any merchandise offered for sale, his/her identity, or the identity of the organization which he or she represents. D. Complaints: If a verbal or written complaint is filed alleging that a solicitor has violated any provision of this chapter, the City Clerk shall promptly send a copy of the written complaint to the solicitor, together with a notice that an investigation will be made as to the truth of the complaint. The solicitor shall be invited to present exculpatory evidence to the City Clerk s Office. If the City Clerk, after reviewing all relevant material, finds the complaint to be supported by a preponderance of the evidence, the complaint shall be certified. E. Non-Commercial Solicitation are Exempt from Licensing Requirements: Licensing requirements for door-to-door solicitation shall not apply to government employees when on official business, persons soliciting on behalf of a bona fide not-for-profit organization, persons soliciting on behalf of a candidate for political office or on behalf of a political party, and a person of the age sixteen (16) and under, who is participating in fundraising programs for, or sponsored by, a public or private elementary or high school or bona fide children s organization including, without limitation, Boy Scouts, Girl Scouts, or youth sports.