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HomeMy WebLinkAboutG10-77 101 VOLUME XXXXII Ordinanance No. G10-77 AN ORDINANCE REGULATING PEDDLERS AND SOLICITORS IN FOUNTAIN SQUARE PLAZA WHEREAS, the City of Elgin has converted a substantial portion of its central business district to a pedestrian shopping mall; and WHEREAS, said improvement is for the benefit of residents of the City of Elgin and surrounding areas who visit or shop in the central business district; and WHEREAS, it is necessary and desirable to promote the use of Fountain Square Plaza in a manner which will tend to encourage the commercial use of the central business district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.46 is hereby added to Title 6 of the Elgin 1inicipal Code, 1976, to read as follows: "6.46 Peddlers and Solicitors in Fountain Square Plaza Mall 6.46.010 Definitions A. "Fountain Square Plaza Mall" is hereby defined as that portion of the public way located on Grove Avenue from Chicago Street to Prairie Street and on DuPage Street from Grove Avenue to Spring Street and the northern most alley from Grove Avenue to Riverside Drive. B. "Peddler," when used in this chapter includes concessionaire and means any person, firm or corporation who, personally or by its agents' going from place to place, sells at retail, offers for sale, sells and delivers, barters or exchanges any goods, wares, merchandise, fruits, vegetables or country produce or any other article or thing whatsoever or any service not ordered directly by telephone, or otherwise, by the householder. "Peddler" shall not include a serviceman who, responding to a prior call, sells replacement merchandise. C. "Solicitor," when used in this chapter, means any person, firm or corporation, who personally or by its agents' going from place to place, without prior appointment or pre- arrangement with the customer, takes orders for future delivery at retail of any merchandise or other article or thing or any service. D. "Tag Day," when used in this chapter, means any rday or days when any person, firm or corporation solicits funds or subscriptions for charitable, religious or educa- tional purposes whether or not goods or merchandise of nominal value are delivered. 6.46.020 License--Required That it shall be unlawful to make sales of food or merchandise or to solicit for funds in Fountain Square Plaza Mall as herein defined without first having obtained a license to do so as provided in this chapter. 6.46.030 License--Application Applications for licenses under this ordinance shall be made to the City Clerk or the License Enforcement Officer of the City of Elgin upon forms providing such information as may be required by the Fountain Square Plaza Mall Commission. Applications shall be forwarded to the Fountain Square Plaza Mall Commission for approval. Notice of approval shall be made to the City Clerk who shall cause the license to be issued; notice of disapproval shall be made to the City Clerk and include reasons in writing for disapproval, which shall be forwarded to the applicant. All applications shall be accompanied by written evidence of liability insurance in amounts not less than $100,000 for property damage and $500,000 for personal injury and shall include the City of Elgin, its agents, employees, boards and commissions, as additional insured. No insurance shall be required for charitable solicitation as otherwise provided in this ordinance. 6.46.040 Standards for Licenses The Fountain Square Plaza Mall Commission shall esta- blish written standards for the issuance of any license as authorized in this ordinance and general policy guide- lines; such written standards and policy guidelines shall be reviewed and approved by the City Council. 6.46.050 Types of Licenses Licenses may be issued as hereinafter provided for the following activities: A. There shall be one 12 month license for the sale of popcorn and peanuts. B. There shall be one 12 month license for the sale of hot dogs and related goods including non-alcoholic beverages. C. There shall be one 12 month license for the sale of flowers. D. There shall be temporary licenses for not more than seven consecutive days for the sale of food or merchandise by a non-profit organizations and no license shall be issued for any day for which a license has already been issued. E. Collective sales by merchants doing business on the Fountain Square Plaza Mall and sponsored by the Fountain Square Plaza Mall Commission. F. There shall be one license for not more than any seven consecutive days for tag days by charitable organiza- tions registered with the Attorney General of the State of Illinois and shall be conducted only from a booth provided by the Fountain Square Plaza Mall Commission. Tag days shall have priority for the use of the booth and there shall be a first right of refusal for those non-profit organizations that have traditionally solicited in the Mall area during the three previous years provided application is made by June 1. G. There shall be one license for special holiday tag days by a non-profit organization for thirty (30) days prior to December 25, and limited to any one location on the Mall. There shall be a first right of refusal for non-profit organizations that have traditionally solicited in the Mall area for the last five years during this holiday period. 6.46.060 License Fees License fees shall be as follows: A. For the sale of popcorn and peanuts, hot dogs and related goods and flowers, the fee shall be prepaid in monthly installments of $50.00 for the months of April through October and $10. 00 for all other months. B. For sales by non-profit organizations of less than seven consecutive days the fee shall be $20.00 per day for the use of the Mall and the booth or $1.00 per day if limited to the booth only. C. There shall be no fee for collective sales by merchants doing business on the Fountain Square Plaza Mall sponsored by the Fountain Square Plaza Mall Commission, but with approval required by the City Manager. D. For tag days the fee shall be $1. 00 per day and shall have priority for the use of the booth. E. For special holiday tag days the fee shall be $1.00 for the entire period. 6.46.070 Payment of Fees All fees shall be payable in advance for periods of one month or less and shall be submitted together with the application for license. 6.46.080 Renewals e°' Licenses for the sale of popcorn and peanuts, hot dogs and related goods, and flowers must be renewed thirty (30) days before the expiration of their current license. All other licenses shall not be renewable within a period of ninety (90) days following the last day for which a license was previously issued and shall be issued on a first came, first serve basis with those applicants that have standard year-to-year dates given preference when conflicts occur. 6.46.090 Exemptions No license shall be required for the sale of food in Fountain Square Plaza by merchants engaged in the restaurant business making sales in the area adjacent to their commercial establishment and not more than thirty (30) feet from the front of any establishment. 6.46.100 Hours Sales and solicitation as otherwise permitted by this ordinance, shall be made only between the hours of 9:00 a.m. and 9:00 p.m. , Monday through Saturday and 12:00 noon and 5:00 p.m. Sunday. eft 6.46.110 Food Sales No person shall sell or deliver food as provided in this ordinance unless said person holds a food dealers license as provided in Sections 9. 08 and 9.12 of the Elgin Municipal Code, 1976. 6.46.120 Transfer No license shall be transferred without written consent from the Fountain Square Plaza Mall Commission as evidenced by an endorsement on the face of the license by the City Clerk showing to whom the license is transferred and date of transfer. 6.46.130 Exception Chapter 6.46 of the Elgin Municipal Code, 1976, insofar as said section provides for the sale of food or merchandise as described in this ordinance, shall not be applicable to Fountain Square Plaza Mall." (0°. 105 VOLUME XXXXII Section 2. That Section 6.45.100 of the Elgin Municipal Code, as amended, entitled "Confection sale permitted when" be and is hereby repealed. "'* Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 2 1977 Passed: March 2, 1977 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RECOGNIZE PERSONS PRESENT Councilman West read the following resolution and requested that same be placed of record. "Whereas , Illinois House Bill 911 became law on September 25 , 1975 and is known as Public Act 79- 1092; and Whereas , Public Act 19- 1092 requires the implementation of a "911 " emergency telephone system in all areas of Illinois by the end of 1985 ; and Whereas , a "911 " emergency telephone system will enhance the general health, safety, and welfare of the citizens of South Elgin; and Whereas , the Village of South Elgin and the City of Elgin share a common telephone prefix, it is more economical to have a "911 " system in conjunction with the City of Elgin . Now, Therefore, Be It Resolved by the Village Board of Trustees of South Elgin that the President of the Village Board appoint a repre- sentative to work with the City of Elgin , and the County of Kane to find the most efficient and economical "911 " system for the Village of South Elgin and the South Elgin and Countryside Fire Protection District in conjunction with the City of Elgin. Presented : February 21 , 1977 s/ Thomas J . Rolando, President Adopted: February 21 , 1977 Vote: 5 Ayes 0 Nays 1 Absent Recorded: February 21 , 1977 Attest : s/ Dale D. W. Stevens , Clerk