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HomeMy WebLinkAboutOrdinance #0966• / . ;- , ~r ,. ORDINANCE N0. 966 AN ORDINANCE AMENDING CHAPTER 2, TITLE 3 OF THE CANTON MUNICIPAL CODE RELATING TO LICENSES FOR CERTAIN OCCUPATIONS. WHEREAS, the Legal and Ordinance Committee has determined that it is in the best interest of the City of Canton to amend Chapter 2, Title 3 of the Canton Municipal Code as hereinafter set forth; and, WHEREAS, the City Council of the City of Canton, Fulton County, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That Chapter 2, Title 3 of the Canton Municipal Code is hereby amended to read as follows: "3-2-1: HAWKERS AND PEDDLERS: (A) No person shall sell or attempt to sell or offer for sale any goods, wares or merchandise, or any article or thing of value by peddling, hawking or public outcry within the City without first having obtained a license therefor. However, this require- ment shall not apply to farmers or gardeners bringing into the City and selling the produce of their farms or gardens, nor to the peddling of fruit or vegetables, nor to the peddling of newspapers. (B) APPLICATION: Every application for a peddler's license shall, as a minimum, state the article(s) to be sold, the proposed manner of sale, the identity and permanent mailing address of the applicant, the Illinois sales tax identifying number assigned to the applicant by the State of Illinois, the term of the license requested, and the area or areas of the City in which sales activities are to be conducted on any given day. Application shall be in writing, upon forms provided by the City and verified by the applicant. (C) LICENSE FEE: At the time of filing the application for the foregoing license, the applicant shall pay to the City Clerk the sum of $15.00 per day (or, portion thereof), for each day requested in the application up to a maximum of 60 days. Such license fee shall be paid in full in cash to the City Clerk before any requested license shall issue. No refunds of license fees (or, of portions thereof), shall be made. Licenses issued hereunder are not transferrable. (D) RESTRICTIONS; Sales activities persons duly licensed as hereinabove provided and suc place between the hours of 9:00 o'clock A.M, and 5:00 Monday through Saturday. Sunday sales are limited to o'clock P.M., local time. shall only be conducted by Z activities shall only take o'clock P.M., local time, 11:00 o'clock A.M. to 4:00 3-2-2: ITINERANT MERCHANTS AND TRANSIENT VENDORS: (A) LICENSE REQUIRED: No person shall sell or attempt to sell or offer for sale at retail any goods, wares or merchandise, or any article or thing of value, from a fixed location within the City, to include parked motor vehicles, for a period of less than 180 days without first having obtained a license therefor. However, this requirement shall not apply to farmers or gardeners bringing into the City or selling within the City the produce of their farms or gardens, nor to the peddling of fruit or vegetables, nor to the peddling of newspapers. (B) APPLICATION: Every application for an itinerant merchant's or transient vendor's license shall, as a minimum, state the article(s) to be sold, the proposed manner of sale, the identity and permanent mailing address of the applicant, the Illinois sales tax identifying number assigned to the applicant '. ~ by the State of Illinois, the term of the license requested, and the fixed location(s) within the City from which sales activities shall be conducted on any given day. Application shall be in writing, upon forms provided by the City and verified by the applicant. (C) LICENSE FEE: At the time of filing the application for the foregoing license, the applicant shall pay unto the City Clerk a cash sum for the entire period of the requested license, such sum to be computed as follows: $15.00 per day, not to exceed 179 days in any one calendar year. No refunds of license fees (or, of portions thereof), shall be made. Licenses issued hereunder are not transferrable. (D) RESTRICTIONS: Sales activities shall only be conducted by persons duly licensed as hereinabove provided and such activities shall only take place between the hours of 8:00 o'clock A.M. and 8:00 o'clock P.M., local time, Monday through Saturday. Sunday sales are restricted to 11:00 o'clock A.M, to 4:00 o'clock P.M., local time. 3-2-3: PRODUCE SALES: (A) No person shall sell or attempt to sell or offer for sale any farm or garden produce, fruit or vegetable without first having obtained a license therefor. (B) APPLICATION: Every application for a produce sales license shall, as a minimum, state the article(s) to be sold, the proposed manner of sale, the identity and permanent. mailing address of the applicant, and the fixed location(s) and/or area or areas of the City in which sales activities are to be conducted on any given day. Application shall be in writing, upon forms provided by the City and verified by the applicant. (C) LICENSE FEE: At the time of filing the application for the foregoing license, the applicant shall pay to the City Clerk the sum of $5.00 per day (or, portion thereof), for each day requested in the application. Request- ed days need not be consecutive days and may be particularily requested by the applicant during a stated produce season, as, for example, Saturdays only. However, requested days shall not exceed in the aggregate 30 days per license. No refunds of license fees (or, portions thereof), shall be made. Licenses issued hereunder are not transferrable. License periods shall not exceed ninety (90) calendar days. (D) RESTRICTIONS: Sales activities shall only be conducted by persons duly licensed as hereinabove provided, except that any such licensee may, at the time of requesting such license, designate in writing, a person to spell or relieve such licensee of sales activities for short periods of time, not to exceed two (2) hours per sales day. Sales activities shall only take place between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M., local time, Monday through Saturday. Sunday sales are limited to 11.00 o'clock A.M, to 4:00 o''clock P.M., local time. 3-2-4: MISCELLANEOUS LICENSES: It shall be unlawful for any person to engage in or carry on any business, occupation or pursuit hereinafter mentioned, within the limits of the City, without first having obtained a license therefor, in the manner heretofore provided; and there shall be taxed and collected for issuing and registering each license, payable strictly in advance, the following license fees. Application shall be in writing, upon forms provided by the City and verified by the applicant. Canvassers of books, maps or other publications or articles, per month, - $25.00; per day, - $10.00. Vendors of patent medicines, sold on the streets or in public places, per day, - $50.00; vendors of any patent invention or any article or invention of any kind sold on the streets or in public places, per day- $25.00. Pawnbrokers, - $50.00 per month. Circus parades on the public streets, - $25.00 per day; and the person seeking said license shall furnish a good and sufficient bond to the City, in the sum of five hundred dollars ($500.00), conditioned that said licensee shall be fully responsible for and shall repair any and all damage occasioned by said parade to any street, crossing, walk or any other public or private property in the City. ~~ Peanut, pop, lemonade, fruit, fish, hamburger or candy stands, when not engaged in as a regular business or avocation in some building kept for such purpose, - $5.00 per day. Baby racks or stands, spindle wheels, cane, knife or pin racks, paddle games or any similar devices or means whereby articles are sold by means of numbers, characters or the like, the specific articles being unknown to the purchaser, when not engaged in as incident to a regularly established business in some building, -$10.00 per day. Public scales, per annum, - $10.00. Shooting galleries - $5.00 per day; $25.00 per month, $100.00 per annum; provided, no license for the conducting of any shooting gallery or place for target shooting shall authorize the firing of any gun or firearm within the City in contravention of any provision of this Code, nor shall any license issue for the establishment of any such shooting gallery in any alley of the City, or in or upon any place not being within a substantial building, nor under any circumstances when it shall appear to the Mayor that due safe-guards and precautions have not been taken for the safety and protection of life and property. 3-2-5: EXCEPTIONS: Nothing in this Chapter shall be construed as requiring any additional fee from any person, partnership or corporation holding a valid license or franchise under some other portion of this Code for which a license fee, franchise fee, or tax is paid, providing, however, that such other fee, franchise or tax is currently paid in full, and, further, providing, that the registration requirements of this Chapter must still be met by any such person, partnership, or corporation, and each their respective agents and employees. Nor, shall any license fee be charged of any not-for-profit organization, however, the registration requirement shall not be abated. 3-2-6: FALSE OR MISLEADING APPLICATTON; In addition to being subject to penalty as hereinafter set forth, any person, partnership or corporation which obtains a license as herein provided by furnishing the City with a false or misleading application shall, upon the discovery thereof, suffer an immediate revocation of such license and forfeiture of all fees paid. 3-2-7: PENALTY: Any person who violates any provision of this Chapter shall be subject to a fine of not less than $50.00 nor more than $500.00 upon conviction for each offense. Each calendar day (or, portion thereof), during which any person makes, causes or continues a violation of any provision of this Chapter shall be deemed a separate offense or violation." 2. That this Ordinance shall passage by the City Council of the approval by the Mayor thereof and PASSED by the City Council of a regular meeting this 1St day of vote as follows: be in full force and effect 10 days after its City of Canton, Fulton County, Illinois and publication in pamphlet form as provided by law. the City of Canton, Fulton County, Illinois at March , 1983 upon a roll call AYES: Aldermen Hammond, Savill, Sarff, Carl, Larsen, Horr. NAYS: None. ABSENT: Aldermen Kovachevich, Grant, APPROVED: Donald E. Edwards, Mayor. ATTEST: Nanc Whites, City Clerk. ~` ; ~ . CITY OF CANTON U~:Dli:r~i3CE N0. 966 ADOPTED BY TIDE CITY COUNCIL OF THE CITY OF CANTON THIS 1 st DAY OF March 1983• Published in pamphlet =orm by authority of the City Council of ti,e City of Canton, Fulton County, Illinois, this 2~- day of March , 19 83 ' ST~,TE OF ILLINOIS, ) SS. COU,?TY OF FULTON. ) I, the undersigned, cer~~~y that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on March 1 st 19 83 the Corporate Authorities of the aforesaiu municipalityy assed and approved the afore- said Ordinance IQo. 966 entitled AMEN~ING CHAPTER 2, TITLE 3 OF THE CANTON MUNICIPAL CODE RELATING-T~TI~ER~ES FOR CERTA whic~z provided by its ter-s ~:~a~ it sizould be publsLzed in I a.~:p:~i.s~ io -:i. The pamphlet form of t^~~ a~oresaid Ordinance No. 96g including the Ordinance and a cover s'_;=et thereof was prepared, and a cony of s~:ch Ordinance c•~as posted in tie City Building, 210 E. Chestnut Street, Carton, Illinois, commencing on March 2nd , 19 83 and continuing for at least ten (10) days there~~ter. Copies o such Ordinance were also available for public inspec`ion upon request in the Office of the Cit;- Clerk. DATED at Canton, Illir_o.s this 2nd day of March I9 83 ~~-~-' City Cleric. (S EAL)