Chapter 13: Peddlers, Solicitors and Itinerant Merchants

Sec. 13-1. Peddler's License Required

It shall be unlawful for any person to engage in the business of peddler without having first obtained a
license therefore.

a. Peddler means any person who transports tangible personal property for retail sales within this
Village who does not maintain, in the Village, an established office, distribution house, sales house,
warehouse, service center or residence from which such business is conducted. However, this Act
does not apply to any person who delivers tangible personal property within this Village who is
fulfilling an order for such property, which was solicited or placed by mail or other means. This Act
does not apply to any person holding a valid permit issued by this Village to engage in retail sales.

b. Person means any individual corporation, partnership, trust, firm, association or other entity.

Cross-reference - Licenses generally, 10-1 et seq.

Sec. 13-2. Application for Peddler's License; Content

Applications for a license as a peddler shall be made in writing to the Village Clerk, and shall state the
number of vehicles, if any, intended to be operated, the kind of article or merchandise to be peddled and the
permanent address of the peddler.

Sec. 13-3. Fee for Peddler's License

A. The fee for a peddler's license shall be as follows:

a. For peddlers using a car, wagon, automobile or other vehicle the fee shall be fifty dollars
($50.00) for each vehicle for an annual license and five dollars ($5.00) for each such vehicle
for a daily license.

b. For peddlers not using any vehicle, the fee shall be fifty dollars ($50.00) for an annual license
and five dollars ($5.00) for a daily license.

B. A daily license shall be effective from 7:00 a.m. to 5:00 p.m. only.

Sec. 13-4. Cheating and Fraud

Any person who shall be guilty of any fraud, cheating or misrepresentation, whether through himself or
through an employee, while acting as a peddler, solicitor or itinerant merchant in the Village or who shall
barter, sell, peddle or take orders for any goods, wares or merchandise other than those specified in his
application for a license shall be guilty of a violation of this Code and the Village President may revoke his
license for such offense.

Sec. 13-5. Conducting Business on Private Premises when Uninvited

It shall be unlawful for any peddler, solicitor or itinerant merchant to go upon any private premises for the
purpose of conducting his business when he is not invited to do so, fails to leave any private premises when
requested to do so by the owner or occupant.

Sec. 13-6. - 13-15. Reserved

Sec. 13-16. Defined

For the purpose of this article "itinerant merchant" shall mean any merchant temporarily engaging or
intending to engage in business as a merchant in the Village for a period of time not exceeding one hundred
(100) days. Peddlers shall not be considered itinerant merchants.

Sec. 13-17. License Required

It shall be unlawful to do business in the Village as an itinerant merchant without having first secured a
license therefore.

Cross-reference - Licenses generally, 10-1 et seq.

Sec. 13-18. Application; Contents

Every application for such a license required by this article shall set forth the commodities to be sold, and the
place intended to be occupied or used for the business.

Sec. 13-19. License Fee

The fee for a license required by this article shall be twenty dollars ($20.00) for one (1) month and five
dollars ($5.00) for one (1) day.

Sec. 13-20. Cleanup and Garbage Disposal

Every itinerant merchant shall be responsible for cleaning up and properly disposing of garbage and litter
at the end of each business day at the place the said merchant is occupying as his, her or its place of business
and it shall be unlawful for an itinerant merchant to fail to do so. (Ord. 2009-10; 5/26/09).

Sec. 13-21. to 13-29. Reserved

Sec. 13-30. Defined

For the purpose of this Article, the term “solicitor” shall mean any person calling at residences without the
previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions, or business of any
kind. (Ord. 2022-18; 12/12/22)

Sec. 13-31. Exemptions from Article

The provisions of this article shall not apply to officers or employees of the village, county, state or federal
government, or any subdivision thereof, when on official business.

Sec. 13-32. Registration Required

a. A registration fee of $100.00 shall accompany each Village of Durand permit application, covering
a period expiring thirty (30) days after the date of registration, except if the applicant is a member
in good standing of the Durand Area Retailers Trades and Services organization ("DARTS"), in
which case the registration fee shall be $100.00, covering a period expiring one (1) year after the
date of registration.

b. A licensing fee of $25.00 per person shall accompany the permit application, unless the applicant
is a member in good standing of DARTS, in which case the individual licensing fee is waived.
(Ord. 2022-18; 12/12/22)

Sec. 13-33. Registrant to Give Information

Any person registering as a solicitor shall give his name, address, signature, the name of his employer, the
nature of the products or services he intends to solicit, the names of the manufacturers of such products, or of
the organization which he is representing, the proposed method of operation in the Village, and any such other
information as the Chief of Police may deem necessary to process the applicant. (Ord. 2015-10; 08/24/15)

Sec. 13-34. Defined

For the purpose of this Article, the term "solicitor" shall mean any person who engages in the door-to-door
activity of seeking to sell goods, wares, merchandise, foodstuffs, services of any kind, nature or character for
any kind of consideration for delivery at the premises where sold; or seeking to obtain orders for the purchase
of goods, wares, merchandise, foodstuffs, services of any kind, character or description for any consideration

whatsoever for delivery at a future date; or seeking to obtain prospective customers for application or purchase
of insurance of any type of character; or seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication, unless said business is performed on behalf of a
school, religious institution, licensed not -for-profit organization, or falls under the definition of non -
commercial activity. Non­ commercial activity shall be defined as activities that are not commercial in nature,
such as activities that do not involve the sale of any commercial item, but rather which are solely consisting of:

a. Religious or political free speech without any corresponding financial or commercial activity;

b. Solicitation of gratuitous donations for non -commercial entities or undertakings such as charities,
political organization, churches or similar matters without the provision of any non -gratuitous
consideration, product or service; or

c. Other similar activities not involving commerce or trade or the sale of any commercial item. If there is
any element of commercial activity, a given activity shall not qualify as non-commercial activity (e.g.,
the solicitation of payments in exchange for a commercial item shall be deemed commercial activity.
(Ord. 2022-18; 12/12/22)

Sec. 13-35. Issuance of Certificate of Registration

Each registrant who shows evidence of good character and who pays the required fee shall be furnished a
certificate indicating that he has registered and the dates covered by such registration.

Sec. 13-36. Duty to Carry and Exhibit Registration Certificate

Each person shall at all times while soliciting in the Village carry upon his person the registration
certificate issued pursuant to this article and the same shall be exhibited by the registrant whenever he is
required to do so by any police officer or by any person solicited.

Sec. 13-37. Revocation; Grounds

Any registration certificate issued pursuant to this article may be revoked by the Village President or the
chief of police for any state or federal law, or whenever the registrant shall cease to possess the qualifications
and character required in this article for the original issuance of the certificate.

Sec. 13-38. Special Requirements for Charitable Solicitations

a. Any person who desires to solicit in the Village for charitable purposes shall first apply to the Village
Board of trustees and shall prove to the satisfaction of the Board of trustees that the purpose of the
solicitation is, in fact, charitable.

b. The Village Board of Trustees, upon being satisfied that the purpose of the proposed solicitation is
charitable shall fix dates when the solicitation may be made. No solicitation shall be made on any days
other than those established by the Board of trustees.

Sec. 13-39. Penalty

Any person, firm or corporation violating any provision of this Article shall be subject to a penalty of

$100.00 per day for each offense, and a separate offense shall be deemed committed on each day on which or
during which a violation occurs or continues. (Ord. 2015-10; 08/24/15)

1Cross reference - Distributing handbills and samples, 3-17.
State law reference - Authority of Village to regulate peddlers, transient vendors, itinerant merchants, Ill. Rev.
Stat. Ch. 24, 11-42-5.