Chapter 22 - Business Regulations
Division 3 - Transient Merchants/Itinerant Vendors
SEC. 22.3-1 DEFINITION. As used in this Division, the following words shall have the meanings respectively ascribed to them in this section:
- Transient Merchant - Any person engaged temporarily
in the retail sale, lease, or rental of goods, wares, or merchandise
within the Town of Normal, and who for the purpose of conducting
such business, displays such goods, wares, or merchandise to
the public outside a building on property in which such person
holds a temporary interest. (Amended 9/5/89)
- Temporary Interest or Temporary Sale, Lease, Or Rental
- For purposes of this definition, it shall be prima facie evidence
that a person is engaged temporarily in the retail sale, lease,
or rental of goods or holds a temporary interest in property
if the person does not own or lease or otherwise have the right
to use for a term of at least six (6) months the property from
which business is conducted. (Amended 9/5/89)
- Person - Any individual, corporation, partnership,
trust, firm association, or other entity.
- Building - A building is any structure built for
the support, shelter, or enclosure of persons, animals, chattels,
or movable property of any kind, and which is permanently affixed
to the ground.
- Itinerant Vendor - Any person who transports tangible, personal property for retail sale, lease, or rental within the Town of Normal who does not maintain in the Town of Normal an established office, distribution house, saleshouse, warehouse, service center or residence from which such business is conducted and such person does not meet the definition of transient merchant. (Amended 9/5/89)
SEC. 22.3-2 PROHIBITION. No person either as principal or agent shall conduct business as a transient merchant within the Town of Normal without first obtaining a license pursuant to the requirements of this Division. No person either as principal or agent shall conduct business as an itinerant vendor within the Town of Normal without meeting the requirements of SEC. 22.3-9.
SEC. 22.3-3 APPLICATION. Any person desiring a transient merchant license shall file an application with the Town Police Chief or his designee. Such application shall contain the following information: (a) Name and permanent residence address of applicant; (b) Date of birth of applicant; (c) Social Security number of applicant; (d) Name and permanent residence address of person or entity employing applicant; (e) Location at which applicant intends to do business; (f) Nature of business applicant intends to conduct; (g) Copy of applicant's Certificate of Registration under State of Illinois Retailer's Occupation Tax Act; (h) Copy of applicant's Certificate of Registration (or application) under the Town of Normal Purchase Tax Ordinance; (i) Copy of applicant's Certificate of Registration (or application) under Town of Normal Business Registration; (j) A complete inventory of goods the applicant intends to offer for sale, lease or rental; (k) A list of all licenses to conduct business as a transient merchant obtained by the applicant in this state in the twelve (12) months preceding the date of the filing of the application; (l) A surety bond or cash deposit shall accompany the application equal to fifty-percent (50%) of the wholesale value of the merchandise the applicant intends to offer for sale, lease, or rental, however the amount of the bond or deposit shall not be less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00); (m) A non-refundable filing fee of one hundred dollars ($100.00) shall accompany the application; (n) An affirmation that the information contained in the application is true and correct. (Amended 9/5/89)
SEC. 22.3-4 LICENSE. The Police Chief or his designee shall review the license application and issue a license to the applicant provided: (a) All of the information requested in SEC. 22.3-3 has been supplied; (b) The applicant has not been convicted of any criminal offense involving fraudulent commercial transactions within the past twenty-four (24) months; (c) The intended sales location is within a zoning district permitting such sales; (d) The proposed activity complies with state and local laws.
SEC. 22.3-5 TERM. A license issued under this Division shall be valid for seven (7) days including date of issue.
SEC. 22.3-6 BOND OR CASH DEPOSIT. The bond or cash deposit posted by applicant shall be transferred to the Attorney General of the State of Illinois within fourteen (14) days after the applicant ceases to do business in the Town. Such bond or cash deposit shall be held by the Attorney General pursuant to terms provided in 225 ILCS 465/4(e). (Amended 6/7/93 by Ord. No. 4143)
SEC. 22.3-7 INVENTORY SEIZURE. If any person makes retail sales, leases, or rentals as a transient merchant without having obtained a license under this Division, the Police Chief or his designee may hold the inventory, truck or other personal property of the person until he obtains a license to conduct business as a transient merchant. If the property has been held by the Town for more than sixty (60) days and the person whose property is being held has not made application for a license under this Division, the Police Chief or his designee may petition the Circuit Court for an order for the sale of the property being held. If the Court finds that the person whose property is being held has not made application for a license under this Division, the Court may order the Police Chief or his designee to sell the property. Proceeds of the sale of the property, less reimbursement to the Town of the reasonable expenses of storage and sale of the property, shall be deposited in the treasury of the Town. (Amended 9/5/89)
SEC. 22.3-8 SUSPENSION. Any transient merchant's license may be immediately suspended by the Chief of Police or his designee if he has reasonable cause to believe the license holder filed a false or incomplete application, violated any provision of this Division, or any other law in connection with sales, leases, or rentals under the license. The Chief of Police or his designee shall immediately notify the license holder of the suspension and the reason therefore. The license holder may appeal the suspension to the City Manager or his designee. The City Manager or his designee shall promptly schedule a hearing on such appeal and provide the license holder with necessary notice. The license holder shall have the burden of proof to show, by a preponderance of the evidence, the suspension is not justified. If the hearing officer finds in favor of the Chief of Police, the permit will be revoked. If the hearing officer finds in favor of the license holder, the license will be reinstated. Failure to appeal the suspension is deemed an automatic revocation of the license. All decisions of the City Manager are final and reviewable in the manner provided by law. (Amended 9/5/89)
SEC. 22.3-9 ITINERANT VENDORS. Itinerant vendors are subject to Division 4 of this Chapter if entering upon residential property for the purpose of making sales, leases, or rentals and subject to the Town Business Registration Act if entering upon non-residential property for the purpose of making sales, leases, or rentals. (Amended 9/5/89)
SEC. 22.3-10 VEHICLES. Any person selling, leasing, or renting from a vehicle in a public right-of-way whether such vehicle is propelled by an engine motor or human power, shall maintain in legible characters on such vehicle the name and address of the owner thereof, words, letters, pictures or designs allowing persons to readily identify such vehicle and its use, an admonition to motorists to be watchful for children in the area of such vehicles, and while parked and in use shall have in operation flashing amber lights visible from the front of the vehicle. (Amended 9/5/89)
SEC. 22.3-11 EXEMPTION. This Division shall not apply to the following: (a) Any person selling on public property pursuant to Town authorization; (b) Any person selling vegetables, fruits, or perishable farm products at any place or market where such articles are usually sold.
SEC. 22.3-12 PENALTY. Any person found guilty of violating any provision of this Division shall be fined not to exceed five hundred dollars ($500.00). A separate and distinct offense shall be deemed committed each day such violation continues.
(ENTIRE DIVISION 3 OF CHAPTER 22 AMENDED 6/5/89)