[Amended 2-17-2009 by L.L. No. 4-2009]
As used in this chapter, the following terms
shall have meanings indicated:
A license issued pursuant to this chapter.
Any person holding a license issued pursuant to this chapter.
One or more natural persons, corporations, partnerships,
associations, joint-stock companies, unincorporated associations,
their agents and employees, and all other entities of any kind.
A.
No person shall carry on any trade, occupation, business,
or activity named or specified in any article of this chapter without
first procuring a license from the Village Clerk.
B.
Upon the filing of the required application and payment
of the required fee and posting of any required bond, together with
proof of required insurance coverage and such other documentation
and information as may be required by the Clerk, and upon its review
and approval of same, the Village Clerk shall issue to the applicant
a license, signed by the Village Clerk. However, no license shall
be issued if the licensee, or the trade, occupation or business for
which the license is sought, does not comply with federal, state,
and local laws, ordinances, and regulations applicable thereto, or
if the licensee is a convicted felon, or if there exists any other
reason set forth in this chapter for the denial of same. If the application
is denied, the Village Clerk shall notify the applicant, in writing,
stating the reason for denial.
C.
Licenses shall be numbered in the order in which they
are issued. Each license shall state clearly:
(1)
The name and address of the licensee;
(2)
The date of issuance;
(3)
The date of expiration;
(4)
The trade, occupation, or business being licensed,
and the identification of any vehicle used therein;
(5)
The permitted location within the Village for the
licensed operation of said trade, occupation, or business; and
(6)
Any other information or provision reasonably deemed
appropriate by the Village Clerk.
D.
No junk business or junk dealer business shall operate
within the Village of Canton, and no license for same shall be issued.
Licenses shall be subject to such other restrictions or conditions
as may be provided pursuant to specific articles of this chapter,
or as may be provided by federal, state, and local laws, ordinances,
and regulations applicable thereto.
E.
The Village of Canton shall not be liable for any
act of any person licensed pursuant to this chapter or any of its
articles.
Every person securing a license under the provisions
of this chapter shall conspicuously display the license at all times
during the operation of the licensed trade, occupation or business,
and shall produce the same upon the request of any police officer
of the Village of Canton, or of the Code Enforcement Officer or other
lawful authority of the Village of Canton.
A.
A license issued under the provisions of this chapter
may not be assigned or transferred by or from the licensee to any
other person, nor may the location of the licensed operation be changed,
without prior written approval of the Village Clerk. Any approved
assignment, transfer, or location change shall be endorsed upon the
license by the Village Clerk.
B.
Any licensee who assigns, transfers, or permits its
license to be used by any other person or in any location not permitted
by the license, and any person who uses a license issued to any other
person or in any location not permitted by the license shall each
be guilty of a violation of this chapter.
A.
Licenses under this chapter shall expire on the date
specified thereon, which shall not be later than one year following
the date of issuance. In the absence of a specified date, the license
shall expire on the first day of January next following the date of
issuance.
B.
The Village Clerk may at any time revoke any license
granted if the license holder is found to have violated or to have
permitted the violation of any provision of this chapter, or any other
federal, state, and local law, ordinance, and regulation pertaining
to the licensee or the trade, occupation or business for which the
license has been issued.
(1)
Written notice of revocation, setting forth the reasons
for same, shall be provided to the licensee by registered or certified
mail to the address set forth on the license application.
(2)
Within 30 days thereafter, the licensee may appeal
such revocation to the Village Board of Trustees by filing with the
Village Clerk a written notice of appeal. The Board of Trustees shall
consider and determine the appeal within 30 days of its filing; an
extension of this time may be granted by agreement of the Board and
the licensee. Written notice of the Board's decision shall be provided
to the licensee by registered or certified mail to the address set
forth on the license application.
(3)
When a license has been revoked, no refund of any
unearned portion of the license fee shall be made.
(4)
When a license has been revoked, the person to whom
such license was issued shall not be eligible to receive any other
license under this chapter until a period of at least 12 months have
elapsed since the last previous revocation.
A.
The Code Enforcement Officer and any Village police
officer shall be severally authorized to issue an appearance ticket
upon any person deemed to be in violation of any provision of this
chapter.
B.
A person who is determined to be in violation of any
provision of this chapter shall be guilty of a violation, and shall
be liable for each violation to a fine of not less than $100 nor more
than $250, or imprisonment for a term not to exceed 15 days, or by
both such fine and imprisonment. A separate violation shall be deemed
to have been committed on each day during which such violation is
found to exist.
