The Chicago Municipal Code Regulating peddlers under which artists who sell their speech are included.
Chapter 4-244 PEDDLERS
As
used in this chapter:
“Peddler” means any individual who, going from place to place, shall sell, offer for sale, sell and deliver, barter or exchange any goods, wares, merchandise, wood, fruits, vegetables or produce from a vehicle or otherwise. The word does not include a grower or producer as defined in Section 4-12-010 of this Code.
(Prior Code § 160-1)
4-244-020 Classification
For the purpose of this chapter peddlers are divided into two types as follows:
Food
Peddlers. This class shall include peddlers selling fruits and
vegetables and no other food item from wagons, pushcarts, handcarts
or other vehicles, or from packs, baskets or similar containers. Food
peddlers may peddle non-food commodities to the extent that such
commodities do not comprise more than 15 percent of annual gross
sales.
Non-Food Peddlers. This class shall include peddlers selling and delivering non-food commodities from wagons, pushcarts, handcarts or other vehicles, and from packs, baskets or similar containers.
(Coun.J. 12-9092, p. 25465)
4-244-030 License – Required.
It shall be unlawful for any person to engage in the business of a peddler without a license so to do; provided, however, that the classes of peddlers specifically defined and licensed by other chapters of this Code shall be exempt from the provisions of this chapter.
Any person violating this section shall be fined not less than $50.00 nor more than $200.00 for each offense.
(Coun. J. 12-9-92, p. 25465)
4-244-040 License – Application.
Every individual who desires a license as a peddler shall make application therefor in conformity with the general requirements of this Code relating to applications for licenses, and shall state the class of license sought. Such application shall also state in what commodity or article of merchandise such desires or intends to deal.
(Coun. J. 12-9-92, p. 25465)
4-244-041 Issuance of License; when prohibited
(a) The director of business affairs and licensing shall issue a peddler's license to an applicant who tenders a completed, accurate application and the appropriate fee, unless issuance of a license is prohibited under subsection (b) of this section.
(b) No peddler's license shall be issued (a) to any natural person who is under the age of 16 years on the date of application; (b) to any applicant whose license under this chapter has been revoked within one year immediately preceding the date of application; or (c) to any applicant who already holds a license under this chapter, while the pre-existing license is suspended.
(Added Coun. J. 3-5-03, p. 105167, § 1;Amend Counc. J. 7-27-05, ;. 53211, § 1)
4-244-060 License – Fee.
The fee, payable every two years, for peddlers' licenses shall be as set forth in section 4-5-010.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-15-06. p. 92532, § 1)
4-244-070 Reserved.
Editor's note - Amend Coun. 1. 11-15-06, p. 92532, § 1, repealed § 4-244-070, which pertained to license term.
4-244-080 Identification on peddlers' vehicles.
Every wagon, cart or other vehicle used by a licensed peddler in or about his business shall have the name of the owner and his address plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every such wagon, cart or other vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such wagon, cart or other vehicle is in use during the continuance of the license covering the use of such wagon, cart or other vehicle.
(Coun. J. 12-9-92, p. 25465)
4-244-090 Vehicle emblems.
Every peddler whose license entitles him to use a wagon, motor vehicle, handcart, pushcart or other
vehicle shall obtain from the city clerk, at the time his license is issued, a metal plate or other suitable emblem for each such vehicle to be used by him in or about his business. Such plate or emblem shall have stamped or imprinted thereon the words "Chicago Food peddler," or "Chicago Non-Food Peddler," as
the case may be. Such plate or emblem shall be of a different color
and design for every license period and shall have stamped thereon a
number corresponding to the number of such peddler's license.
(Coun. J. 12-9-92, p. 25465)
4-244-100 Badges.
Every individual having a license as a peddler, while engaged in the business of peddling, shall wear
conspicuously on the outside of his outside coat a metal badge or shield indicating that such individual is
licensed as a "Chicago Food Peddler--Fruits and Vegetables Only" or "Chicago Non-Food peddler."
(Coun. J. 12-9-92, p. 25465)
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4-244-110 Assistants on vehicles.
Upon each wagon or other vehicle licensed under the provisions of this chapter, there shall be permitted but one helper or assistant to the driver or operator of such wagon or vehicle.
(Coun. J. 12-9-92, -. 25465)
4-244-120 Hours of business.
L.:.~ No one shall peddle any article or thing in any public alley on any day in the week between the hours of ~5:00 p.m. and 7:00 a.m., under a penalty of not less than $50.00 and not more than $200.00 for each offense. The provisions of this section shall not apply to a person licensed as a peddler operating in accordance with Section 4-244-130.
(Coun. J. 12-9-92, p. 25465)
4-244-130 Peddling in vicinity of Wrigley Field.
Notwithstanding the limitations of Section 4-244-120 but subject to the limitations of Section 4-244-140 (b) and Section 4-388-175(h), a person licensed as a peddler may peddle merchandise within 1,000 feet of Wrigley Field; provided that only a peddler selling from packs, baskets or similar containers may peddle merchandise on the public way. A peddler operating under this section shall be mobile, and shall not set up tables, stands or other structures, or obstruct or block the public way with his wares or merchandise. However, a peddler operating under this section may peddle merchandise from a cart, table or temporary stand on private property without obstructing the public way, if the peddler possesses written permission from the property owner to do so.
(Coun. J. 12-9-92, p. 25465; Amend coun. J. 3-1-06, p. 71708, § 1)
4-244-140 Prohibited districts (view maps of districts)
(a) .No one having a peddler's license shall peddle any merchandise or any other article or thing whatsoever, at any time, within districts which have been or shall be hereafter designated by the city council. A description of such districts shall be kept in the office of the city clerk.
(b) No person shall peddle any merchandise on the sidewalk immediately adjacent to Wrigley Field; such sidewalk consisting of the north side of Addison Street, the east side of Clark Street, the south side of Waveland Avenue, and the west side of Sheffield Avenue. For purposes of this subsection (b), the term "sidewalk" shall mean that portion of the public way extending from the perimeter of the Wrigley Field stadium structure to the street curb or curb line.
Peddling of any merchandise or other articles whatsoever within the following designated area is prohibited:
The area bounded by Pulaski Road (the east side of the named boundary street between 75th Street and 83rd Street and both sides of the named boundary street from 83rd Street to 87th Street) on the west, 75th Street (south side) on the north. Damen Avenue (both sides) on the east and 87th Street (north side) on the south.
1) Peddling is prohibited on both sides of North Milwaukee Avenue, between North Kedzie Avenue and West Belmont Avenue and on intersecting streets between North Kedzie Avenue and West Belmont Avenue within 100 feet of the closest right-of-way line of North Milwaukee Avenue.
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Peddling is prohibited on North Cicero Avenue (west side) to West Fullerton Avenue (north) to North Lamon Avenue (east side) to West Clybourn Avenue (south). Peddling is prohibited on West Le Moyne Street (south side), North Lawndale Avenue to West North Avenue (south side) to North Central Park Avenue.
3) Peddling is prohibited at any time within the following designated district:
Beginning at the intersection of West Belmont Avenue and the centerline of the north branch of the Chicago River; thence northerly on the centerline of the north branch of the Chicago River to West Wilson Avenue; thence east on West Wilson Avenue to North Western Avenue; thence north on North Western Avenue to West Gunnison Street; thence west on West Gunnison Street to North Rockwell Street; thence north on North Rockwell Street to West Winnemac Avenue; thence east on West Winnemac Avenue to North Western Avenue; thence north on North Western Avenue to West Foster Avenue; thence east on West Foster Avenue to North Winchester Avenue; thence south on North Winchester Avenue to West Winona Avenue; thence east of West Winona Avenue to North Wolcott Avenue; thence north on North Wolcott Avenue to West Foster Avenue; thence east on West Foster Avenue to North Ashland Avenue; thence south on North Ashland Avenue to West Lawrence Avenue; thence east on West Lawrence Avenue to North Dover Street; thence south on North Dover Street to West Montrose Avenue; thence west on West Montrose Avenue to North Clark Street; thence southerly on North Clark Street to West Byron Street; thence west on West Byron Street to North Greenview Avenue; thence south on North Greenview Avenue to West Grace Street; thence west on West Grace Street to North Ravenswood Avenue; thence south on North Ravenswood Avenue to West Addison Street; thence west on West Addison Street to North Western Avenue; thence south on North Western Avenue to West Belmont Avenue; thence west on West Belmont Avenue to the place of beginning.
(4) Except where otherwise allowed under this chapter, peddling is prohibited at any time within the following designated district, which may be referred to as the "Central District":
Beginning at the intersection of the south bank of the Chicago River and Lake Michigan; thence west to the north side of Lake Street; thence west to the west side of Halsted Street; thence south to the south side of Depot Street; thence east on Depot Street and Depot Street, extended to the centerline of the south branch of the Chicago River; thence north to the south side of Roosevelt Road; thence east to the west side of State Street; thence south to the north side of 13th Street; thence east to the west side of Michigan Avenue; thence south to the north side of Cermak Road; thence west to the centerline of Clark Street; thence north to the north side of Cullerton Street; thence west extended to the centerline of Grove Street; thence southwest to the Pennsylvania Central Railroad; thence south to the south side of Cermak Road; thence east to the west side of Princeton Avenue; thence south to the south side of 24th Place; thence east to the east side of Wentworth Avenue; thence north to the south side of Cermak Road; thence east to the west side of Dr. Martin Luther King, Jr. Drive; thence south to the north side of 24th Street; thence east extended to Lake Michigan; thence north along Lake Michigan to the place of beginning.
Peddling is prohibited at anyt time within the following designated areas:
South Ewing Avenue(both sides) between South Mackinaw Avenue and South State Line Road;
East 106 Street (both sides between South Mackinaw Avenue and South State Line Road;
South Baltimore Avenue (both sides) between 13000 and South Brainard Avenue;
South Brandon Avenue (both sides) between 13200 and South Brainard Avenue;
East
132nd Street between South Houston Avenue and South Burley
Avenue;
East 133nd Street between South Houston Avenue and South Burley Avenue;
East 134nd Street between South Houston Avenue and South Burley Avenue;
East 135nd Street between South Houston Avenue and South Burley Avenue; and
6) Peddling is prohibited at any time within the following designated areas:
The area know as:
Beginning at the intersection of North Western Avenue and West Cornelia Avenue extended; thence north on North Western Avenue to West Addison Street; thence east on West Addison Street extended to the northwest corner of West Addison Street and North Ravenswood Avenue; thence south extended to the northwest corner of North Ravenswood Avenue and West Cornelia Avenue; thence west extended back to the northeast corner of North Cornelia Avenue and North Western Avenue.
and
The area know as:
Beginning at the intersection of the northeast corner of North Ravenswood Avenue and West Addison Street extended north to the southeast corner of North Ravenswood Avenue and West Grace Street; thence east extended to the northwest corner of North Ashland Avenue and West Grace Street; thence south extended to the northwest corner of West Addison Street and North Ashland Avenue; thence west extended to the northwest corner of West Addison Street and North Ravenswood Avenue.
and
Beginning at the intersection of the northwest corner of West Wilson Avenue and North Western Avenue extended to the southwest corner of North Lincoln Avenue and North Western Avenue; thence continuing north to the southwest corner of North Lincoln Avenue and West Gunnison Street; thence west extended along West Gunnison Street to the southeast corner of the intersection of West Gunnison Street and North Rockwell Street; thence west extended to the Chicago River; thence south along the Chicago River extended to West Wilson Avenue; thence east extended to the northwest corner of West 'Wilson Avenue and North Western Avenue.
7) Peddling of any merchandise or other articles whatsoever within the following designated areas is prohibited:
South Dr. Martin Luther King, Jr. Drive (both sides) between 7500 and 9500 south;
South Cottage Grove Avenue (both sides) between 7100 and 7900 south;
South Cottage Grove Avenue (both sides) between 7900 and 9200 south;
South Lafayette Avenue, between 6900 and 7900 south;
South State Street, between 6900 and 9500 south;
East 69th Street, between South Wentworth Avenue and South Cottage Grove Avenue;
East 71th Street, between South Vincennes Avenue and South Cottage Grove Avenue;
East 75th Street, between South Perry Avenue and South Cottage Grove Avenue;
East 79th Street, between South State Avenue and South Cottage Grove Avenue;
East 87th Street, between South State Avenue and South Cottage Grove Avenue;
East 95th Street, between South State Avenue and South Dr. Martin Luther King, Jr. Drive;
8) Retail sales of any article shall be prohibited along the right-of-way of the City of Chicago or on any vacant lot within the 50th Ward boundaries which are:
The southwest comer of West Howard Street to the southwest comer of North Western Avenue traveling south on North Western Avenue to West Touhy Avenue; east on West Touhy Avenue to North Ridge Boulevard, preceding southeasterly on North Ridge Boulevard to a point at West Columbia Avenue; thence east on West Columbia Avenue to North Ravenswood Avenue, south on North Ravenswood Avenue to West Granville Avenue, west on West Granville Avenue to North Oakley Avenue, south on North Oakley Avenue to West Glenlake Avenue, west on West Glenlake Avenue to North Campbell Avenue, south on North Campbell Avenue to West Peterson Avenue, west on West Peterson Avenue to North Lawndale Avenue, north on North Lawndale Avenue to West Granville Avenue, west on West Granville Avenue to North Ridgeway Avenue, north on North Ridgeway Avenue to West Devon Avenue, east on West Devon Avenue to North Kedzie Avenue, north on North Kedzie Avenue to West Howard Street, east on West Howard Street to the place of beginning.
The commissioner of consumer services is herewith authorized to enforce the restriction against peddlers in the prescribed areas and is granted the authority with the aid of the police department to close any peddling operation, to cease and desist upon discovery within the above described zone.
9) Peddling of any merchandise or other articles whatsoever within the following designated areas is prohibited:
a) South Stony Island Avenue (both sides) between 6700 and 7500 south;
b) East 71th Street (both sides) between South Yates Avenue and South Cottage Grove Avenue.
c) Any person who shall be found in violation of this section shall be fined not less than $200.00 nor more than $500.00 for each offense, and each day such violation shall continue shall be deemed a distinct and separate offense.
(Coun.1. 12-9-92, p. 25465; Amend Coun. 1. 6-9-93, pp. 33609, 33610, 33612; 7-13-95, p. 4599; Amend Coun. J. 6-10-96, p. 23876; Amend Coun. J. 6-4-97, p. 46441; Amend Coun. 1. 5-12-99, p. 2313; Amend Coun. 1. 7-29-03, p. 5693, § 1; Amend Coun. 1. 7-29-03, p. 5695, § 1; Amend Coun. 1. 10-1-03, p. 8863, § 1; Amend Coun. 1. 6-29-05, p. 52172, § 1; Amend Coun. J. 9-14-05, p. 54713, § 1; Amend Coun. 1. 12-14-05, p. 67159, § 1; Amend Coun. 1. 3-1-06, p. 71708, § 1; Amend Coun. 1. 6-2806, p. 79234, § 1)
4-244-141 Speech peddling – Additional area allowed.
(a) Definitions. For purposes of this section, "speech peddling" shall mean where a licensed sells or exchanges for value anything containing words, printing or pictures that predominantly communicates a non-commercial message.
For purposes of this section, a "non-commercial message" may include, without limitation, a message relating to political, religious, artistic, and/or any other non-commercial idea(s). Where the words, printing and/or pictures do nothing more than identify a product, such as a brand name or logo, or identify the peddled item's origin or place of manufacture, or otherwise do nothing more than advertise or promote the product itself, the item shall be not be deemed to communicate a "non-commercial message."
For purposes of this section, "predominately communicates" shall mean that the non-commercial message is the primary purpose of the item which is being sold. Factors that should be considered in determining whether an item predominantly communicates a non-commercial message include: (i) the percentage of the item containing non-commercial printing and/or pictures, (ii) the size of the lettering or pictures, and (iii) any other factor otherwise indicating that the primary purpose of the item being sold is to communicate a non-commercial message. In no event may there be any commercial message which occupies more space on the item than does the non-commercial message.
For purposes of this section, items that may, under the relevant criteria, predominantly communicate a non-commercial message may include T-shirts, books, audiotapes, videotapes, compact disks, posters, flags, banners, signs, buttons, toys, balloons or any other item.
(b) Speech peddling locations. There shall be at least ten locations within the Central District, where peddling is otherwise prohibited under Section 4-244-140 above, including at least four locations within Grant Park, where speech peddling by up to five peddlers per location shall be allowed by permit. Such locations shall be selected by the department of business affairs and licensing with the advice of the department of planning, the department of transportation, and the police department, regarding pedestrian and vehicular traffic flow, use, density and public safety; provided that, for locations in Grant Park near special events sponsored by the city, the mayor's office of special events shall select the sites during the relevant time periods and the number of Grant Park sites may change. In addition, because of anticipated high demand for speech peddling during special events, permits shall be issued for four-hour time slots and may be issued for more than five persons at a time per location. No person shall be . allowed to engage in speech peddling within the Central District without a speech peddling permit, and doing so without such a permit shall be a violation of this section.
c) Speech peddling permits.
1) All licensed peddlers who wish to apply for a speech peddling permit must complete and submit to the department of business affairs and licensing a written permit application, which shall require the following information:
A. Name and peddler's license number.
B. Any preferred location(s).
C. A description of the item(s) he or she will be selling that "predominantly communicates a noncommercial message," including description of the type of item( s) to be sold, the nature of the communication, and a picture or graphic depicting the item(s). This information is requested solely for purposes of determining that the item is within the definition of "speech peddling", and it shall not be used for evaluating the message itself.
2) Speech peddling permit applications shall be accepted by the department of business affairs and licensing on a monthly basis for speech peddling in the following month. Permits issued shall pertain only to the item(s) described in the permit application. Where the application shows that the "speech peddling" definition has been met, then the permit request shall be granted, unless the demand for permits is greater than availability. Where demands exceed availability, the department shall assign permits on a lottery basis and may not be able to fulfill requests for specific locations. There shall be a preference lottery for applicants who failed to receive permits in prior permit lotteries. Applicants shall be notified of the permit grant or de,nial within a reasonable time, as further specified by regulation.
(3) Applicants who were denied a speech peddling permit because of heavy demand may make a request, at the time of their next application, that their application be put in a preference lottery. Applicants who were denied a speech peddling permit (i) because their request was outside the scope of the "speech peddling" definition, or (ii) after not receiving a permit after two consecutive applications, may appeal to the director of business affairs and licensing, or his or her designee, on a form provided by the department. Any such appeal must be filed within ten calendar days of such denial. The appeal form, together with the relevant application(s) and denial(s), shall be reviewed by the director, or his or her designee, and he or she shall issue a written determination within one week whether to uphold or reverse the denial or to grant an alternative permit date.
(d) Identification. All speech peddlers must carry identification and permit authorization from the department, in a form to be further described by regulation.
(e) No pushcarts. A selling in a speech peddling location pursuant to permit may only sell
from packs, baskets or similar containers, shall be mobile, shall not set up tables, stands or other structures, and shall not use pushcarts, place items on the sidewalk or street, or otherwise obstruct or block the public way with his wares or merchandise.
(f) Regulations. The department of business affairs and licensing has the authority to, and shall, promulgate regulations governing speech peddling permits and activities under this section. The mayor's office of special events has the authority to, and shall, promulgate regulations governing the locations, time, and manner of speech peddling during all city-sponsored special events, including during their set-up and cleanup.
(g) Violations. Any person who shall be found in violation of this section, including the implementing regulations, shall be fined not less than $50.00 nor more than $200.00 for each offense, and each day such violation shall continue shall be deemed a distinct and separate offense.
(Added Coun. J. 5-12-99, p. 2313; Amend coun. J. 7-27-05, p. 53211, § 1)
4-244-145 Peddling in vicinity of Comiskey Park.
No person shall peddle merchandise of any type on any portion of the public way within 1,000 feet of Comiskey Park. A person holding a valid peddler's license may peddle merchandise while on private property within 1,000 feet of Comiskey Park only from a cart, table or temporary stand on private property without obstructing the public way, and pursuant to prior written permission from the property owner to do so. The provisions of this section shall be in addition to any other limitation on or regulation of peddlers. Any person who violates any provision of this section shall be fined not less than $200.00 nor more than $500.00 for each offense, and each day such violation shall continue shall be deemed a distinct and separate offense.
(Added Coun. J. 3-8-93, p. 29484)
4-244-146 Peddling in vicinity of New Maxwell Street Market.
No person shall peddle merchandise of any type on any portion of the public way within 1,000 feet of any portion of the New Maxwell Street Market, as set forth in Section 4-11-010.
(Added Coun. J. 4-13-94, p. 49201)
4-244-147 Peddling in vicinity of United Center.
No person shall peddle merchandise of any type on any portion of the public way within 1,000 feet of the United Center. A person holding a valid peddler's license may peddle merchandise while on private property within 1,000 feet of the United Center only from a cart, table or temporary stand on private property without obstructing the public way, and pursuant to prior written permission from the property owner to do so. The provisions of this section shall be in addition to any other limitation on or regulation of peddlers. Any person who violates any provision of this section shall be fined not less than $200.00 nor more than $500.00 for each offense, and each day such violation shall continue shall be deemed a distinct and separate offense.
(Added Coun. J. 10-2-95, p. 8258)
4-244-150 Flower peddling prohibited.
No person licensed hereunder shall have the privilege of peddling flowers, growing plants, or floral bouquets or designs; provided, however, that nothing in this section prohibits the peddling of flowers within a duly licensed tavern or restaurant, with the consent of the licensee of the tavern or restaurant.
(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-4-02, p. 92885, § 1)
4-244-170 Violation – Penalty.
Editor's note: Amend Coun. 1. 10-3-01, p. 68139, § 2 repealed § 4-244-160, which pertained to National Kids' Day peanut sales. See the Code Comparative Table.
4-244-170 Violation – Penalty.
Any peddler who shall be guilty of any fraud or misrepresentation, or who shall violate any of the provisions of this chapter, shall be fined not less than $50.00 nor more than $200.00 for each offense, where no other penalty is provided in this chapter.
(Coun. J. 12-9-92, p. 25465)
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