Article I: Administration
7-1-1 APPLICATIONS. Applications for all licenses and permits required by this chapter shall be made in writing to the Village Clerk in the absence of provision to the contrary. Each application shall contain:
(1) the name of the applicant
(2) the permit or license desired
(3) the location to be used, if any
(4) the time covered
(5) the fee to be paid
Each application shall also contain the number of the certificates of registration required under the Retailer’s Occupation Tax Act, Service Occupation Tax Act, and or Use Tax Act, if applicable. Each application shall contain such additional information as may be needed for the proper guidance of the municipal officials in the issuing of the license or permit applied for.
7-1-2 PERSONS SUBJECT TO LICENSE. Whenever, in this Code or in any municipal ordinance, a license or permit is required for the maintenance, operation, or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person, firm, or corporation shall be subject to the requirement if by himself or itself or through an agent, employee or partner, he or it is held forth as being engaged in the business, activity or occupation, or if he or it solicits patronage therefore actively or passively; or if he or it performs or attempts to perform any part of such business, activity or occupation in this municipality.
7-1-3 TERM AND FORM OF LICENSE. No license shall be granted for a longer term than one year, and all licenses, unless otherwise provided by ordinance, shall expire on the last day of April next following their issue. Every license shall be signed by the Mayor and attested by the Village Clerk under the corporate seal, and no license shall be valid until signed and countersigned as aforesaid, nor shall any person be deemed to be licensed until the same shall have been issued to him in due form.
(a) Upon the receipt of an application for a license or permit, where an investigation or inspection is required by ordinance before the issuance of such permit or license, or where an inspection or investigation shall be deemed reasonably necessary or appropriate, the Village Clerk, within 48 hours, shall refer the application to the appropriate official(s) for the making of such investigation or inspection.
(b) The official to whom the application has been referred shall make a report thereon, favorable or otherwise, within 10 days after receiving such application or a copy thereof.
(c) The Chief of Police shall make or cause to be made an inspection regarding such permits and licenses as relate to the care and handling of food, the prevention of nuisances and the spread of disease, and the protection of health. The Mayor shall make or cause to be made any inspections which relate to the compliance with this Code and other related regulations. All other investigations, except where otherwise provided, shall be made by the Chief of Police or by some other officer designated by the Mayor.
(d) Upon receipt of all related investigative reports, the Village Clerk shall forward such reports, together with the application, to the Mayor for evaluation and determination.
(e) If it shall appear to the corporate authorities that the matters and circumstances relating to an application require further information before a proper determination can be made, such application shall be returned to the Village Clerk for the inclusion of such additional information as may be specified necessary and appropriate.
(f) If, after due consideration of the information contained within the application and the related investigative reports, the corporate authorities shall determine that the matters concerning the application are unsatisfactory, they may disapprove such application, indicating the reasons thereof. Thereupon, the Village Clerk shall be directed to promptly notify the applicant that his application is disapproved and that no license or permit will be issued.
(g) If, after due consideration of the information contained within the application and the related investigative reports, the corporate authorities shall determine that the application is satisfactory, they shall approve the application. Thereupon, the Village Clerk shall be directed to promptly notify the applicant that his application is approved and the license or permit may be issued.
7-1-5 FEES. In the absence of provision of the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefore is made to the Village Clerk in the amounts prescribed by the corporate authorities. When an applicant has not engaged in the business or activity until after the expiration of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business or activity has been or will be conducted. Except as otherwise provided, all license and permit fees shall become a part of the corporate fund. In no event shall any rebate or refund be made of any license or permit fee, or part thereof by reason of death or departure of the licensee; nor shall any rebate or refund be made by reason of non-use of the license or discontinuance of the operation or conduct of the licensed establishment, business or activity.
Any person applying for an annual license when the remaining period in the fiscal year is 6 months or less is required to pay only one-half of the annual license fee with no discount.
7-1-6 TERMINATION OF LICENSE. All annual licenses shall be operative and the license year for this municipality shall commence on the first day of May of each year and shall terminate on the last day of April of the following year, where no provision to the contrary is made.
The Village Clerk shall notify all licensees of this municipality of the time of expiration of the license held by the licensee (if an annual), 3 weeks prior to the date of such expiration. Provided, however, that a failure to make such notification or the failure of the licensee to receive it shall not excuse the licensee from the obligation to obtain a new license or a renewal thereof, nor shall it be a defense in action based upon operation without a license.
7-1-7 BUILDING AND PREMISES. No license shall be issued for the conduct of any business, and no permit shall be issued for any purpose or activity, if the premises and building to be used for the purpose do not fully comply with all applicable ordinances and regulations of this municipality and the State of Illinois. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the Zoning Code of this municipality, if any.
7-1-8 CHANGE OF LOCATION. The location of any licensed business or occupation, or the location of any permitted act may be changed provided that 10 days notice thereof is given to the Village Clerk in the absence of any provision to the contrary; provided, however, that all applicable ordinances and regulations of the municipality shall be complied with.
7-1-9 LOCATION. No license for the operation of a business or establishment in this municipality shall be construed to permit the operation of a licensed business or establishment in more than one location in this municipality; a separate license shall be required for each location of a licensed establishment. For the purpose of this Code, the existence of a single location shall be evidence by the fact that all buildings containing the principal or accessory uses shall be connected or shall be located on the same lot or parcel, shall be operated and managed by the same person or owner, and shall be an establishment with the same classification.
7-1-10 NUISANCES PROHIBITED.
7-1-10.1 GENERALLY. No business or establishment, whether or not licensed, shall be so conducted or operated as to constitute a nuisance in fact, and no building, vehicle or structure, yard, lot, premises, or part thereof shall be used, kept, maintained, or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health.
7-1-10.2 UNSAFE OR UNHEALTHFUL BUSINESS.
(A) Refuse Containers. The standard refuse container required by this Code shall be a receptacle of not less than 20 gallons, nor more than 32 gallons capacity, or impervious material and sturdy construction with a tight-fitting cover, and equipped with handles properly placed to facilitate handling.
(B) Duty to Provide Refuse Containers. The occupant of every building, structure, or premises used or maintained in connection with any business or occupation shall provide and maintain in good condition and repair a sufficient number of refuse containers for the temporary storage of all refuse accumulating between collections. All refuse which is placed for collection service outside any building or structure must be kept in standard refuse containers.
(C) Refuse Removal. It shall be the duty of the occupant of every building, structure, or premises used or maintained in connection with any business or occupation to cause to be removed, at his own cost and expense, at least once each week, all refuse produced therein.
(D) Removal of Restaurant Garbage. Every person owing or controlling any hotel, restaurant, café, or retail food establishment where more than 32 gallons or refuse is normally produced weekly shall cause all garbage to be placed in sanitary refuse containers and shall cause all substances deposited in such containers to be removed daily from his premises and to be disposed of at his own expense.
7-1-11 WORKING CONDITIONS.
7-1-11.1 HEALTH REQUIREMENTS. No owner, lessee, manager, or superintendent of any store, factory, workshop, or other place where persons are employed shall cause or permit such place or any room or part thereof, to be overcrowded or inadequate or faulty in respect to light, ventilation, heat or cleanliness.
7-1-11.2 SANITATION. All such places of employment shall be kept in a clean condition, free from effluvia of a sewer, drain, privy, stable or other nuisance; also as far as practicable, such premises shall be free from all gases, vapors, dust or other impurities generated by manufacturing processes or otherwise which are injurious to health. Sufficient washroom facilities for male and female employees shall be provided and such facilities shall be properly ventilated.
7-1-11.3 HEAT REQUIRED.
(A) It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any factory or workshop to maintain a temperature within such factory or workshop of not less than 62 degrees Fahrenheit, within such undue restriction of ventilation as to interfere with proper sanitary conditions to any factory or workshop where the business conducted therein is of such a nature that a higher or lower temperature than 62 degrees Fahrenheit is necessary or expedient for the work or manufacturing process of such business.
(B) It shall be the duty of any person owning or controlling the heating plant, which furnishes heat to any office, store, or other place of employment to maintain a temperature therein of not less than 62 degrees Fahrenheit, without such undue restriction of ventilation as to interfere with proper sanitary conditions therein, between the hours of 8:00 a.m. and 6:00 p.m. form October 1st of each year to June 1st of the succeeding year, Sundays and legal holidays excepted.
7-1-11.4 INSPECTION. The Chief of Police and the Mayor shall visit or cause to be visited all places of employment in this municipality as often as they shall deem necessary to assure compliance with the provisions of this section, and to have such arrangements made as may be deemed necessary for the health and safety of the employees.
(A) Whenever inspections of the premises for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to assure compliance with the provisions of any ordinance or regulation of this municipality, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to admit thereto for the purpose of making the inspection, any officer or employee of this municipality who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
(B) Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of any ordinance or regulation, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to give to any duly authorized officer or employee of this municipality requesting the same, sufficient samples of such material or commodity for such analysis upon official request.
(C) In addition to any other penalty which may be provided, the Mayor may revoke the license of any owner or operator of a licensed business in this municipality who refuses to permit any duly authorized officer or employee to make such inspection or to take adequate sample of said commodity, or who interferes with such officer or employee while in the performance of his duties; provided, however, that no license shall be subject to revocation for such cause unless such officer or employee has been refused permission to enter upon the premises in the name of this municipality after first having presented a warrant authorizing such entry.
7-1-13 SUSPENSION, REVOCATION OF LICENSE OR PERMIT.
7-1-13.1 NUISANCE. When the conduct of operation of any business or establishment, whether or not licensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, the Mayor shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of nay license or permit for a period not to exceed 10 days.
7-1-13.2 HEARING. Within 8 days after he has so acted, the Mayor shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.
7-1-13.3 REVOCATION. Licenses and permits issued under the ordinances of this municipality, unless otherwise provided, may be revoked by the Mayor after notice and hearing as provided in Sections 7-1-13.4 and 7-1-13.5 of this Chapter for any of the following causes:
(A) Any fraud, misrepresentation or false statement contained in the application for the license or permit;
(B) Any violation by the licensee or permittee of ordinance provisions relating to the license or permit, the subject matter of the license or permit, or the premises occupied;
(C) Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude;
(D) Failure of the licensee or permittee to pay any fine or penalty owing to this municipality;
(E) Refusal to permit an inspection or sampling, or any interference with a duly authorized officer or employee in the performance of his duties in making such inspections, as provided in Section 7-1-12.
Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of this municipality.
7-1-13.4 HEARING NOTICE. Notice of the hearing for revocation of a license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the licensee or permittee at his last known address at least 5 days prior to the date set for the hearing.
7-1-13.5 COUNSEL. At the hearing, the Village Attorney shall present the complaint and shall represent this municipality. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Mayor shall preside and shall render the decision.
7-1-14 APPEAL. Any person aggrieved by the decision of the Mayor in regard to the denial of an application for the business license, as provided in Section 7-1-4 herein, or in connection with the revocation of a license or permit, as provided in Section 7-1-13 hereinabove, shall have the right to appeal to the municipality. Such appeal shall be taken by filing with the Village Clerk within 10 days after notice of a denial of an application or a revocation of a license or permit, a written statement under oath, setting forth specifically the grounds for appeal. The municipality shall thereupon set the time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in Section 7-1-13 hereof. The decision of the municipality on such appeal shall be final.
7-1-15 LICENSE TO BE POSTED. It shall be the duty of every person conducting a licensed business in this municipality to keep his license posted in a prominent place on the premises used for such business at all times.
7-1-16 BUSINESS VEHICLE STICKER. Whenever the number of vehicles used is the basis in whole or in part for a license fee, the Village Clerk shall furnish the licensee with a tag or sticker for each vehicle covered by the license and such tag or sticker shall be posted or affixed in ca conspicuous place on each such vehicle.