§ 8-7-14. Solicitors.

A.

Definitions.

1.

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

a.

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

b.

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

c.

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

d.

Seeking to obtain gifts or contributions of money, clothing or other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation or project.

2.

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.

3.

Business shall mean and include every enterprise licensed under this Article 8.

4.

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.

B.

License Required. Every person desiring to engage in soliciting as herein defined from persons in residences or businesses located in Hoffman Estates is hereby required to make written application for a license. A corporation may make application for minors if the solicitation is on behalf of a not-for-profit corporation.

C.

Regulations. The applicant shall comply with all applicable regulations of the Police Department before license shall be issued.

D.

Village Policy on Soliciting. It is hereby declared to be the policy of the governing body of this municipality that the occupant or occupants of any residence or business located within the Village of Hoffman Estates shall make a determination of whether solicitors shall be or shall not be invited to their respective residence or business.

E.

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

Notice of the determination by the occupant of the refusal of invitation to solicitors to any residence or business, shall be given by displaying a card upon or near the main entrance door to the residence or business, containing such language as:

"NO SOLICITORS"

"NO SOLICITORS INVITED"

or such other language as would indicate that solicitors are not to enter or engage in solicitation on the premises.

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

F.

Duty of Solicitors. It shall be the duty of every solicitor upon going onto any premises in the Village upon which a residence or business, as herein defined, is located, to first examine the notice provided for in Sub-Section E if any is attached, and be governed by the statement contained thereon. If the notice states "No Solicitors", or "No Solicitors Invited", then the solicitor shall immediately and peacefully depart from the premises.

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

G.

Uninvited Solicitors Prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner, calculated to attract the attention of the occupant of such residence or business, for the purpose of securing an audience with the occupant thereof, and engage in soliciting, as herein defined, in defiance of the notice exhibited at the residence or business in accordance with the provisions of Subsection E of this Code.

H.

Time Limit on Soliciting. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go about any premises and ring the doorbell, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof, and engage in soliciting as herein defined prior to 10:00 a.m. or after 8:00 p.m. of any weekday, prior to 10:00 a.m. or after 6:00 p.m. on Saturday, or at any time on a Sunday or on a State or National holiday, except that a not-for-profit may solicit from 10:00 a.m. to 6:00 p.m. on a Sunday.

I.

False Statements or Misrepresentations. No person or organization engaged in solicitation shall misrepresent the purpose of his solicitation or use any false, deceptive or misleading misrepresentation to induce a sale or contribution, or use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call.

J.

Penalties. Any person or organization engaged in solicitation who commits an offense under this Chapter shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense. Prior violations shall be considered valid cause to deny subsequent license applications.

(Ord. No. 4238-2011, § 3(Exh. A), 5-2-11; Ord. No. 4346-2012, § 1, 12-17-12; Ord. No. 4556-2016, § 2, 8-15-16)