[Added 3-7-1961; amended 4-24-1961]
No person shall engage in the business of entertainment
and recreation in McLean County, as defined herein, without first
making application for and then obtaining a license in the manner
hereinafter provided.
A.Â
Applications herein required shall be made to the
County Clerk of McLean County by the person desiring to engage in
business and shall be in writing. The application shall set forth
the following:
(1)Â
The name of the owner, or if a partnership of all
the partners, or if a corporation the name of all stockholders holding
a ten-percent interest or more.
(2)Â
The location and legal description of the premises
where the person is to engage in business.
(3)Â
The manner in which the person proposes to engage
in business.
(4)Â
That all persons whose names are required to be listed
on the application are of good character and reputation and that none
have been convicted of a felony.
(5)Â
That the applicant has complied with all the provisions
of this article.
B.Â
Liability insurance. Said application shall be accompanied
by a certificate of insurance showing that the applicant has public
liability insurance in the amounts of $50,000 (for one person) and
$100,000 (for each occurrence) written in the name of the applicant.
(1)Â
Said applicant shall further agree to indemnify and
keep harmless the County of McLean and its officers and employees
from any and all suits or actions at law or in equity, damages, costs,
expenses and legal fees that may be incurred or sustained by said
County of McLean for or on account of injuries or damages sustained
by any person or persons either as to their person or property occasioned
in any manner by the granting of the license, privilege or permission
asked for herein.
(2)Â
Said agreement shall also be recited in the license
issued hereunder and the acceptance of said license shall be a further
agreement to so indemnify said County, and a failure to properly indemnify
said County shall be grounds to revoke the license issued.
C.Â
License fee. Each application shall be accompanied
by the license fee provided herein.
D.Â
Approval by the County Board. The County Clerk shall
issue the license herein provided upon approval of the County Board
or such committee of said Board as may have been designated to approve
applications. It shall be the duty of the Board or its committee to
investigate the applications made and to determine whether or not
applicants qualify for licenses. It shall also be its duty to oversee
the enforcement of this article.
[Amended 2-17-2015]
Before any license is issued hereunder, the person applying therefor shall pay to the County Clerk of said County of McLean a license fee as set forth in Chapter 205, Fees, payable in advance.
Said license shall not be transferable or refundable
and shall be issued until the following March 1. All licenses must
be reapplied for on March 1 of each year.
All places of entertainment and recreation shall
be kept in a good state of repair and in a condition so as to not
endanger the safety of persons or property, and the management of
said establishment shall be responsible for the conduct of the participants
and shall see that said participants do not disturb the peace and
quiet of others.
A.Â
Qualified personnel. It shall be the further duty
of the management of a place of entertainment and recreation to see
that qualified personnel are on hand at all times to administer and
oversee the operations of the establishment.
B.Â
Additional provisions. All places of entertainment
and recreation shall comply with the following:
(1)Â
No alcoholic beverages in any form shall be sold,
delivered or consumed at any place of entertainment and recreation.
(2)Â
A place of entertainment and recreation may be operated
only within the following hours on the following days: 9:00 a.m. to
10:30 p.m. on Monday through Saturday, and 12:30 p.m. to 10:30 p.m.
on Sunday. However, any place of entertainment and recreation where
only vehicles with four-cycle engines equipped with adequate mufflers
to abate noise may be used may operate from the hours of 9:00 a.m.
to 12:00 noon Monday through Saturday, and from 12:30 p.m. to 12:00
midnight on Sunday.
(3)Â
No place of entertainment or recreation shall be located
within 1,000 feet of any private dwelling, church or school unless
said place of entertainment and recreation was in operation prior
to the effective date of this article.
(4)Â
Adequate fire extinguishers shall be kept readily
accessible on the premises at all times during the operation of the
business.
(5)Â
No person so engaged in business shall permit any
dust condition or exhaust smoke which is detrimental to the adjoining
property owners.
Acceptance of a license herein shall be deemed
a consent by the person licensed to permit the premises to be inspected
by the Sheriff of McLean County and/or the County Board to determine
whether any violations of this article are being committed.
The violation of any provisions of this article
or the making of a false application shall be grounds for the revocation
of the license issued.
A.Â
Hearing. A hearing shall be held by the Board of Supervisors
or its committee after notice has been made by certified mail to the
person licensed at the last-known address of said person. The notice
shall contain the date of hearing, which shall be set for a date not
less than three days after mailing, and shall contain a brief statement
as to the alleged violation. Within 10 days after hearing there shall
be an order entered.
Any person violating any of the provisions of
this article shall be fined in the sum of not less than $50 nor more
than $200 for each offense. Each day that said offense continues shall
constitute a separate offense hereunder.
