(A)
Applications for all licenses and permits required by this chapter
shall be made in writing to the Municipal Clerk in the absence of
provision to the contrary.
(C)
Each application shall also contain the number 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.
Whenever a license or permit is required in this Code or in
any municipal ordinance 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
therefor actively or passively; or if he or it performs or attempts
to perform any part of such business, activity or occupation in this
municipality.
Every license shall be signed by the Mayor and attested by the
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 Clerk, within
48 hours, shall refer the application to the appropriate official(s)
for the making of such investigation or inspection,
(B)
The official(s) 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 or the County Health Department 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. (If a Zoning
Code is in effect, the Zoning Administrator shall make or cause to
be made any inspections which relate to compliance with the Zoning
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 Clerk shall
forward such reports, together with the application, to the Mayor
for evaluation and determination.
(E)
If it shall appear to the Mayor 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
Clerk for the inclusion of such additional information as may be specified
necessary and appropriate.
(F)
If, after due consideration of the information contained with the
application and the related investigative reports, the Mayor shall
determine that the matters concerning the application are unsatisfactory,
he may disapprove such application, indicating the reasons therefor.
Thereupon, the 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 Mayor shall
determine that the application is satisfactory, he shall approve the
application. Thereupon, the Clerk shall be directed to promptly notify
the applicant that his application is approved and the license or
permit may be issued.
In the absence of provision to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the 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 or permittee;
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.
All annual licenses shall be operative and the license year
for this municipality shall commence on May 1 of each year and shall
terminate on April 30 of the following year, where no provision to
the contrary is made.
The Clerk shall notify all licensees of this municipality of
the time of expiration of the license held by the licensee (if an
annual), three 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 an action based upon operation without a license.
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 this Code and/or other applicable regulations
of this municipality.
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 Clerk, in the absence of any provision
to the contrary; provided further, however, that all applicable ordinances
and regulations of this municipality shall be complied with.
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 evidenced 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.
No business or establishment, whether licensed or not, 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.
(A)
No building or structure utilized, constructed or maintained
in connection with any business or occupation shall evidence an unsanitary,
unsafe or dangerous condition.
(B)
No substance, matter or thing of any kind whatsoever, which
would be dangerous or detrimental to health, shall be allowed to exist
in connection with any business or occupation, or be used in any work
or labor performed in this municipality.
(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.
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All refuse which is placed for collection service outside any
building or structure must be kept in standard refuse containers.
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(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 owning or controlling
any hotel, restaurant, cafe, or retail food establishment where more
than 32 gallons of 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.
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.
All such places of employment shall be kept in a clean condition,
free from effluvia of a sewer, drain, privy, stable or other nuisance(s);
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.
[1]
Editor's Note: Former Section 7-1-11.3, Heat required, was
repealed 9-27-2010 by Ord. No. 10-5.
The Mayor or the Chief of Police 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(s)
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 having first presented
a warrant authorizing such entry.
When the conduct or 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 any license
or permit for a period not to exceed 10 days.
Within eight 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.
Licenses and permits issued in this municipality, unless otherwise provided, may be revoked by the Mayor after notice and hearing as provided in Subsections 7-1-13.4 and 7-1-13.5 of this section 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 Code 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
owed 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.
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Such revocation, if ordered, shall not preclude prosecution
and imposition of any other penalties provided for the violation of
other applicable Code regulations of this municipality.
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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 five days prior to
the date set for the hearing.
At the hearing, the attorney for the municipality shall present
the complaint and shall represent the 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.
Any person aggrieved by the decision of the Mayor regarding the denial of an application for a business license as provided in Section 7-1-4 or in connection with the revocation of a license or permit as provided in Section 7-1-13 shall have the right to appeal to the Village Board. Such appeal shall be taken by filing with the 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 Mayor 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 Village Board on such appeal shall be final.
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.
Whenever the number of vehicles used is the basis in whole or
in part for a license fee, the 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 a conspicuous place on
each business vehicle.
