Business Licenses and Regulations
11.04 Registration of Solicitors

Home
11.02 Regulations Applying to All Licenses and Permits
11.04 Registration of Solicitors
11.06 Hawkers and Peddlers
11.08 Itinerant Merchants
11.10 Peddling Ice Cream, Candy, Confection or Beverage
11.12 Junk Dealers or Dealers in any Second Hand Article Whatsoever
11.14 Liquor
11.22 Exhibitions and Carnivals
11.24 Oil and Gas Wells
11.28 Taxicabs

Chapter 11.04

REGISTRATION OF SOLICITORS

Sections:

11.04.010 Definitions.

11.04.020 Certificate of Registration.

11.04.030 Application for Certificate of Registration.

11.04.040 Issuance and Revocation of Certificate.

11.04.050 City Policy on Soliciting.

11.04.060 Notice Regulating Soliciting.

11.04.070 Duty of Solicitors.

11.04.080 Uninvited Soliciting Prohibited.

11.04.090 Time Limit on Soliciting.

11.04.100 Severance Clause.

11.04.110 Penalty.

11.04.010 Definitions. That for the purpose of this Article, the following words as used herein shall be construed to have the meaning herein ascribed thereto, to-wit:

"Soliciting": Shall mean and include any one or more of the following activities:

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

Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

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

Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project; or

Requesting information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings, or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book, or directory to be sold, or to be used wholly or in part for a commercial purpose.

"Residence": Shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

"Registered Solicitor": Shall mean and include any person who has obtained a valid Certificate of Registration as hereinafter provided, and which Certificate is in the possession of the solicitor on his or her person while engaged in soliciting.

11.04.020 Certificate of Registration. Every person desiring to engage in soliciting as herein defined from persons in residences within this Municipality, is hereby required to make written application for a Certificate of Registration as hereinafter provided. Such certificate shall be carried by the solicitor.

11.04.030 Application for Certificate of Registration. Application for a Certificate of Registration shall be made in compliance with the Title provisions relating to applications for licenses. The applicant shall truthfully state in full the information requested on the application, to-wit:

  1. Name and address of present place of residence and length of residence at such address; also business address if other than residence address; also Social Security Number;
  2. Address of place of residence during the past three years if other than present address;
  3. Age of applicant and marital status; and if married the name of spouse;
  4. Physical description of the applicant;
  5. Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;
  6. Name and address of employer during the past three years if other than the present employer;
  7. Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in;
  8. Period of time for which the Certificate is applied for;
  9. The date, or approximate date, of the latest previous application for Certificate under this Ordinance, if any;
  10. Has a Certificate of Registration issued to the applicant under this Ordinance ever been revoked;
  11. Has the applicant ever been convicted of a violation of any of the provisions of this Ordinance, or the Ordinance of any other Illinois Municipality regulating soliciting;
  12. Has the applicant ever been convicted of the commission of a felony under the laws of the State of Illinois or any other State or Federal law of the United States;
  13. Also such additional information as the City Clerk may deem necessary to process the application.

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

The City Clerk shall require every applicant to submit to fingerprinting by the Police Department of this Municipality in connection with the application for Certificate.

The City Clerk shall cause to be kept in his officer an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all Certificates of Registration issued under the provisions of this Ordinance, and of the denial of applications. Applications for Certificates, shall be numbered in consecutive order as filed, and every Certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.

No Certificate of Registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other State or Federal law of the united States, within five years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this Ordinance, nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provided.

11.04.040 Issuance and Revocation of Certificate. The Mayor after consideration of the application and all information obtained relative thereto, shall deny the application if the applicant does no possess the qualifications for such Certificate as herein required, and that the issuance of a Certificate of Registration to the applicant would not be in accord with the intent and purpose of this Ordinance. Endorsement shall be made by the Mayor upon the application of the denial of the application. When the applicant is found to be fully qualified, the Certificate of Registration shall be issued forthwith.

Any Certificates of Registration issued hereunder shall be revoked by the Mayor if the holder of the Certificate is convicted of a violation of any of the provisions of this Ordinance, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a Certificate of Registration under the terms of this Ordinance. Immediately upon such revocation written notice thereof shall be given by the City Clerk to the holder of the Certificate in person or by certified U.S. mail addressed to his or her residence address set forth in the application.

Immediately upon the giving of such notice the Certificate of Registration shall become null and void.

The Certificate of Registration shall state the expiration date thereof.

11.04.050 City Policy on Soliciting. It is hereby declared to be the policy of the governing body of this Municipality that the occupant or occupants of the residences in this Municipality shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residence. If no determination is made as is provided in Section 11.04.060 hereof, then in that event, registration is not required.

11.04.060 Notice Regulating Soliciting. Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this chapter, shall comply with the following directions, to-wit:

Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, or the refusal of invitation to solicitors, to any residence, shall be given in the manner following:

A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:

"ONLY SOLICITORS REGISTERED IN FAIRFIELD INVITED".

OR

"NO SOLICITORS INVITED".

The letters shall be at least one-third inch in height. For the purpose of uniformity the cards shall be provided by the City Clerk to persons requested, at the cost thereof.

Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.

11.04.070 Duty of Solicitors. It shall be the duty of every solicitor upon going onto any premises in the Municipality upon which a residence as herein defined is located to first examine the Notice provided for in Section 11.04.060 of this Chapter, if any is attached, and be governed by the statement contained in the notice. If the notice states "ONLY SOLICITORS REGISTERED IN FAIRFIELD INVITED", then the solicitor not possessing a valid Certificate of Registration as herein provided shall immediately and peacefully depart from the premises; and if the notice sates "NO SOLICITORS INVITED", then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.

Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart form the premises when requested to do so by the occupant.

11.04.080 Uninvited Soliciting Prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 11.04.060 of this ordinance.

11.04.090 Time Limit on soliciting. It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this chapter or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door, or create nay sound in any other manner calculated to attract the attention of the occupant thereof and engage in soliciting as herein defined, prior to 9:00 oclock A.M. or after 9:00 oclock P.M. of any weekday, or at any time on a Sunday or on a State or National Holiday.

11.04.100 Severance Clause. If any section, paragraph, clause or provisions of this Ordinance shall be held invalid, the invalidity thereof shall no affect any of the other provisions of this Chapter.

11.04.110 Penalty. Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be subject to a fine of not less than $5.00 nor more than $500.00 for each offense.