G10-77 101 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