Village of Lincolnwood, IL Article 1 BUSINESS LICENSE ADMINISTRATION AND GENERAL REQUIREMENTS

9-1-1 Purpose and application of article.

(A) The purpose of this Chapter 9 is to promote the general health, safety and welfare of the Village and its residents by identifying business locations and operations within the Village to enhance the efficient delivery of Village services, so as to promote compliance with all planning, zoning, building, tax, and all related Village laws and regulations. This Chapter 9 is not intended as a source of revenue for the Village.

(B) This Article 1 sets forth the general requirements for the application for, issuance of, and administration of business licenses within the Village. The provisions of this Article 1 shall apply to all businesses based within the corporate boundaries of the Village. Specific provisions governing designated types of business activities are set forth in Articles 2 through 11 of this Chapter 9. In the event of a conflict between a provision of this Article 1 and a provision of Articles 2 through 11 with respect to such a designated type of business, the text of the applicable provision of Articles 2 through 11 shall control.

(C) This Article 1 shall not apply to, and no business license shall be required for, the following activities regulated by this Chapter 9:

(1) Daily auction permits, as regulated pursuant to Section 9-3-2 of this Chapter 9;

(2) Solicitor's permits, as regulated pursuant to Article 12 of this Chapter 9;

(3) Garage and rummage sale permits, as regulated pursuant to Article 13 of this Chapter 9;

(4) Raffle licenses, as regulated pursuant to Article 14 of this Chapter 9; and

(5) Firearms licenses, as regulated pursuant to Article 15 of this Chapter 9.

9-1-2 Definitions.

Wherever the following words or phrases are used, they shall, for purposes of this Chapter 9, have the meanings ascribed to them in this Section 9-1-2, except when the context otherwise indicates.

AMUSEMENT

(A) Any amusement park, arcade, golf driving range, golf course, miniature or otherwise, public skating rink (ice or roller), go-cart tracks, public dance hall, pool or billiards hall, bowling alley or shooting gallery;

(B) Any theater, indoor or outdoor, displaying film, television or live dramatic performances; or

(C) Any business used primarily for concerts, athletic contests or exhibitions, public picnics, circuses, carnivals, or flower, animal or dog shows.

ASSAULT WEAPON

Any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon.

AUCTIONEER

Any person who sells real or personal property at public or private auction for another or for himself. Any person who sells his or her own real or personal property at a public or private auction is an auctioneer.

AUTOMATIC AMUSEMENT MACHINE

Any mechanical amusement machine or device, the operation of which is governed or controlled by the deposit of a coin or token including, without being limited thereto, any such coin-controlled instrument or device capable of producing any vocal or instrumental sounds, including jukeboxes.

BUSINESS LICENSE

A license issued pursuant to this Article 1 for the operation of a business based within the Village.

BUSINESS, OCCUPATION, ACTIVITY or ESTABLISHMENT

Any occupation requiring the sale of any commodity, whether at wholesale or at retail, from a fixed location or from a wagon, van or pack, or the application of skilled labor to the property of any other person by the person conducting such trade or business, or the provision of any service, whether professional or technical, or any other occupation involving the maintenance of an office or other facilities within the corporate limits of the Village, except businesses, trades or occupations which have been preempted from municipal licensing and regulation by state and/or federal law.

CERTIFIED MASSAGE THERAPIST

An individual who has a minimum of 500 hours of courses and 100 hours of clinical training and has received a diploma in the field of massage therapy from a state-approved school operating according to state regulations, which school has a current license, and is approved or accredited by the Commission on Massage Training Accreditation/Approval (COMTAA), an independent affiliate of the American Massage Association. Schools offering correspondence courses and not requiring actual class attendance shall not be deemed recognized schools.

CHARITABLE

Includes the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic" or "fraternal," either actual or purported.

CHARITABLE ORGANIZATION

A charitable organization, as that same term is defined in 225 ICLS 460/1, or a not-for-profit organization incorporated pursuant to 805 ILCS 110/0.01 and 110/35, or any other organization that has been granted tax-exempt status from the State of Illinois or the Internal Revenue Service.

CHARITABLE PURPOSE

A charitable purpose, as that same term is defined in 225 ILCS 460/1. For the purpose of this chapter, solicitation for a charitable purpose shall include solicitation for or on behalf of a "charitable organization," as that term is defined herein.

CHILDRENS PRODUCT

Any item of furniture manufactured for use by children under eight years of age, including, but not limited to, any crib, playpen, stroller or child carrier.

[Added 5-15-2012 by Ord. No. 2012-3003]

CIGARETTE-TOBACCO DEALER

Any person, at wholesale or retail, selling, offering for sale, furnishing or offering to furnish, cigarettes, cigars, tobacco in any other form or cigarette papers.

COMMERCIAL SOLICITATION

Any one or more of the following activities, not done for charitable purposes, by a person on streets, sidewalks and at residences without invitation within the Village:

(A) The sale of, offer or attempt to sell, or seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuff or services of any kind, character or description, for any kind of consideration whatever.

(B) The sale of, offer or attempt to sell, or seeking to obtain prospective customers for any application or purchase of insurance of any type, kind or character.

(C) The sale of, offer or attempt to sell, or seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any type or kind of publication.

CONTRIBUTION

Includes the words "alms," "food," "clothing, "money," "subscription," "property" or "donations" under the guise of a loan of money or property.

EDUCATIONAL

An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools.

EXTENDED-STAY HOTEL

A hotel or motel that offers services and facilities designed to facilitate guest stays of longer than 30 days, such as laundry and kitchen facilities.

[Added 9-8-2022 by Ord. No. 2022-3632]

FIREARM

Has the same meaning as used in 430 ILCS 65/1.1.

FIREARM AMMUNITION

Any self-contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however:

(A) Any ammunition exclusively designed for use with a device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; or

(B) Any ammunition designed exclusively for use with a stud or rivet driver or other similar industrial ammunition.

FIREARMS DEALER

Any person licensed to deal firearms pursuant to 18 U.S.C. § 923(a)(3)(B), as may be amended, and excluding any person licensed as a collector pursuant to 18 U.S.C. § 923(b), as may be amended

FOOD

Any article used for food by man or animal and every ingredient of such article, except nuts, fruits, cheese, and vegetables, cured meats, meats in process of curing, and cooked animal fats which have been placed in storage under the supervision of the federal government.

FOOD ESTABLISHMENT

All retail and nonretail food establishments as defined herein.

FOOD SERVICE SANITATION CODE

The Illinois Food Service Sanitation Code, 77 Ill. Admin. Code 750, as may be amended.

FOOD VENDING VEHICLE

Any vehicle, including, but not limited to: wagons; motor vehicles; and vehicles propelled by man power, used for the transportation of prepared foodstuffs, beverages (not to include intoxicating liquor), or milk or milk products within the Village for the purpose of retail selling directly to the public.

FRATERNAL

An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.

GARAGE SALE

An occasional sale of used or surplus household goods, wares and other items of personal property owned by the occupier of the residence premises where such sale is held or owned collectively by a group of persons, including the occupier of the premises where such sale is held, and such sale shall include sales commonly known as "basement sales," "house sales," "yard sales," "attic sales," "rummage sales," "estate sales," "patio sales" or other similar occasional sales conducted on an infrequent and unscheduled basis from residentially zoned premises. The term "garage sale" shall not include bulk sales, the sale of multiple new items of the same description, or the sale of consigned merchandise.

GUEST

A person who exercises occupancy or is entitled to occupy a hotel or motel pursuant to a rental agreement, concession, permit, right of access, license, or other agreement.

[Added 9-8-2022 by Ord. No. 2022-3632]

GUN SHOP

The premises of any federally licensed firearms dealer where the business or commercial enterprise conducted on the premises includes the purchase or sale of firearms or firearm ammunition.

GUN SHOW OR EVENT

Any bona fide show or exhibition conducted for a temporary, fixed time period not exceeding three days at a temporary location and sponsored by a national, state, or local organization or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms.

HOTEL or MOTEL

Any building, structure, or private space kept, used or maintained as, or held out to the public to be an inn, hotel, extended-stay hotel, motel, bed-and-breakfast, or public lodging house or place where sleeping or overnight accommodations are furnished for hire to transient guests, whether with or without meals, in which five or more rooms are used for the accommodation of guests. Hotels or motels include the parking lot and other common areas of a hotel or motel.

[Amended 9-8-2022 by Ord. No. 2022-3632]

HOTEL OR MOTEL OPERATOR

The person who is either the proprietor of a hotel or motel or any other person who has the right to rent rooms within the hotel or motel, whether in the capacity of owner, manager, lessee, mortgagee in possession, licensee, employee or in any other capacity.

[Added 9-8-2022 by Ord. No. 2022-3632]

IDENTIFICATION DOCUMENT

A document that contains the name, date of birth, description and picture of a person, issued by the federal government, the State of Illinois, another state, a county or municipal government subdivision or one of their agencies, including but not limited to: a motor vehicle operator's license, passport, or identification card issued to a member of the Armed Forces. Identification documents also include a passport issued by a foreign government or a consular identification card, issued by a foreign government to any of its citizens or nationals.

[Added 9-8-2022 by Ord. No. 2022-3632]

ITINERANT MERCHANT

Any merchant engaging in business as a merchant in the Village for any period of time not to exceed 180 days, or for which no permanent location of business is established.

[Amended 5-15-2012 by Ord. No. 2012-3003]

JEWELRY

Any precious metal, as defined in this Section 9-1-2, or any precious stone or gem, as defined in this Section 9-1-2, including, but not limited to, earrings, chains, pendants, pins, brooches, bracelets, armbands, rings, head or hair ornaments, diadems, cuff links or similar objects comprising or containing precious metals or precious stones. The term “jewelry” also includes articles comprising or containing precious metals or precious stones, including, but not limited to, optical frames, pens, pencils, flatware or holloware.

[Added 5-15-2012 by Ord. No. 2012-3003]

LABOR ORGANIZATION

An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.

LIMOUSINES

Any public passenger vehicle transporting passengers for hire on a prearranged contract, trip, and hourly or daily non-mileage-metered basis, but not including school buses.

MASSAGE

Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with aid of any mechanical electrical apparatus or appliances with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT

Any establishment having a source of income or compensation derived from the practice of massage as defined herein, and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities described in the definition of "massage" herein.

MINOR

Any person under the age of 18 years.

MOTOR VEHICLE

Any automobile, truck, motor scooter, or other self-propelled vehicle not operated on tracks or from trolleys.

NONCOMMERCIAL SOLICITATION

Seeking to sell, offer for sale, sell and deliver, barter, exchange, or obtain: gifts, contributions of money, clothing, and orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character, or description, insurance, books, magazines, periodicals, newspapers, and every other type or kind of publication or subscriptions therefor, for a "charitable purpose" or political purpose, or on behalf of a "charitable organization," as those terms are defined herein.

NONPROFIT

An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to any one as a result of the operation.

OUTCALL MASSAGE SERVICE

Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment.

OWNER

In the case of a licensee who is an individual, means the licensee, and, in the case of a firm, partnership or association, means each member thereof.

PRECIOUS METAL

Gold, silver or platinum.

[Added 5-15-2012 by Ord. No. 2012-3003]

PRECIOUS STONE or GEM

Any genuine diamond, emerald, ruby, sapphire or pearl of any value and any other genuine stone or gem with a value of more than $100.

[Added 5-15-2012 by Ord. No. 2012-3003]

PUBLIC PARK

Any land or buildings set apart for public recreation and owned by any unit of government.

RAFFLE

A form of "lottery," as defined in Section 28-2(b) of the Criminal Code of 1961,[1] conducted by an organization licensed under this Chapter 9, in which:

(A) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances are to be designated the winning chance; and

(B) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.

RELIGIOUS

Any church, congregation, society or organization founded for the purpose of religious worship.

RESIDENCE

Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

RETAIL FOOD STORE

Any establishment or section of an establishment where food and food products are offered to the customer and intended for, though not limited to, off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged spirits; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; or food and beverage vending machines.

RETAIL FOOD STORE SANITATION CODE

The Illinois Retail Food Store Sanitation Code, 77 Ill. Admin. Code 760, as may be amended.

RETAIL TOBACCO STORE

Defined in Section 10-3-2 of this Code.

[Added 7-16-2024 by Ord. No. 2024-3787]

SCHOOL

Any public or private elementary or secondary school, community college, college or university.

SECONDHAND DEALER

Any person who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any secondhand property, including, without limitation, a salvage dealer or salvage store. Notwithstanding the foregoing, “secondhand dealer” shall not include; 1) itinerant dealers in secondhand clothes; 2) secondhand bottle dealers or exchanges; 3) pawnbrokers, as defined pursuant to Section 9-1-2 of this Code; or 4) sales or exchanges of used articles and materials conducted by charitable or religious organizations.

[Added 5-15-2012 by Ord. No. 2012-3003]

SECONDHAND PROPERTY

Any previously owned audiovisual equipment, digital audio or video disc, camera, personal electronic device (including, without limitation, cellular telephones, personal digital assistants, and computers), computer hardware, children’s product, construction tools and materials (including, without limitation, plumbing, electrical, roofing, masonry and carpentry supplies), jewelry, article made of precious metal, precious stone, or precious gem, sporting or athletic gear or equipment (including, without limitation, a bicycle), or watch.

[Added 5-15-2012 by Ord. No. 2012-3003]

SEXUAL OR GENITAL AREA

Genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female.

SOLICITATION

Commercial and noncommercial solicitation as defined herein, and shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.

SOLICITOR

Any person engaged in commercial or noncommercial solicitation.

TAXICAB

All public vehicles driven by mechanical power used for the carriage of persons for hire except those vehicles commonly known as "buses" or as "limousines."

TAXIMETER

A mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled or for waiting time, or for both, and upon which such charge shall be indicated by means of figures.

TOBACCO ACCESSORIES

Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines and other items, designed primarily for the smoking or ingestion of tobacco products or of substances made illegal.

VETERANS

An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.

VIDEO SURVEILLANCE SYSTEM

A continuous digital surveillance system including cameras, cabling, monitors, and digital video recorders.

[Added 9-8-2022 by Ord. No. 2022-3632]

[1] Editor's Note: See 720 ILCS 5/28-2.

9-1-3 Business license required.

It shall be unlawful for any individual, firm or corporation to operate or conduct a business based within the Village without first having obtained a business license therefor in accordance with this Chapter 9; provided, however, that no license shall be required to operate a home occupation (as that term is defined in Chapter 15 of this Code).

9-1-4 Business license classifications.

(A) License categories. There shall be the following classes of business licenses:

(1) Food establishments. Food establishments include bakeries, catering services, dairy retail dealers, fruit and vegetable markets, grocery stores, ice cream parlors, meat markets and/or butcher shops, and restaurants.

(2) Manufacturing. Manufacturing includes foundries and machine shops.

(3) Retail. Retail includes animal care and sales facilities, automotive dealerships, beverage dealers, candy and/or confectionery dealers, retail liquor stores, computer and/or electrical appliance stores, convenience stores, florists and/or plant shops, hardware stores, lumberyards, paint stores, pharmaceutical stores, tire and automotive parts stores, video and/or music stores.

(4) Service establishments. Service establishments include ambulance providers, banks and financial services facilities, barbershops and beauty salons and/or spas, brokers, carters, cleaning and dyeing facilities, day-care (both child and adult) facilities and/or providers, food delivery dealers, food handlers, gas stations, hospitals, internet sales establishments, laundromats and/or laundry facilities, nail salons and/or spas, nursing homes, parking garages and/or lots, pawnbrokers, sheltered care homes, and travel agents.

(5) State-licensed professionals. State-licensed professionals include offices and/or facilities for accounting, dental, insurance, legal, medical, or real estate brokerage services.

(6) Warehouse. Warehouse includes any structure or building adapted for hire for the storage and receipt of goods and merchandise as contrasted to separate storage units of varying sizes leased, rented or owned by the general public on an individual basis.

(7) Wholesale. Wholesale includes beverage bottlers and dairy processors.

(8) Amusements:

(a) Class 1a: auditorium, theater, or tent provided with a screen, stage, arena or other space for a theatrical, dramatic, musical or spectacular performance, motion-picture show, circus, rodeo, animal act, athletic contest, sport or similar exhibition, designed, used or intended to be used for the amusement or entertainment of an audience or spectators and not for participation by the public assembly.

(b) Class 1b: outdoor athletic stadium.

(c) Class 2: amusement park, arcade, hall, billiard and poolroom, bowling alley, skating rink, swimming pool, or other public resort, exclusive of such parts thereof as fall within Class 1 places of amusement, designed, used or intended to be used principally for the participation in the amusement or entertainment by the public.

(9) Businesses not classified. For any business for which there is no specific classification set forth in Section 9-1-4(A) of this Code, the business operator shall obtain a business license for that classification that is most similar to the proposed business, as determined by the Village Finance Director.

9-1-5 Application for business license.

(A) New applicants. An applicant for a new business license shall file an application therefor with the Village Finance Director, on a form provided by the Village, which application shall include, without limitation, the following information:

(1) The name, home address, and personal telephone number of: (a) the primary owner or officer of the proposed business; and (b) the primary owner of the property at which the business will be operated, if different;

(2) The business name, corporate name (if different), business address, and business phone number of the proposed business;

(3) The proposed business' Illinois retail sales tax identification number and federal tax identification number, if applicable;

(4) Identification of any other businesses: (a) in operation at the proposed business address; or (b) operated by the applicant;

(5) A statement of the nature of the proposed business;

(6) A statement of whether the proposed business will include vending machines, and if so, the product to be sold or distributed by the machine;

(7) A statement of whether the proposed business will include: (a) automatic amusement machines; (b) the sale of food products; (c) the sale of alcoholic liquor or tobacco products; or (d) the sale of gasoline;

(8) A statement of whether any construction or improvements to the proposed business location will be performed prior to the commencement of operation of the business;

(9) A statement of whether the owner or operator has ever been convicted of a felony under the laws of the State of Illinois or the United States;

[Amended 4-24-2023 by Ord. No. 2023-3683]

(10) Written authorization for the Village and its authorized employees, representatives and agents to investigate the proposed business location in accordance with Section 9-1-6 of this Code;

(11) Identification of at least one person, other than the individuals identified pursuant to Section 9-1-5(A)(1) of this Code, with possession of keys or other form of access to the business location;

(12) A statement of whether the business location includes: (a) a Knox box; (b) a sprinkler system; (c) a fire alarm system; or (d) a burglar alarm system;

(13) If a license from the State of Illinois is required for the operation of the proposed business, proof that the applicant has either applied for or obtained the required state license;

(14) If required pursuant to Section 9-1-14 of this Code, a certificate of insurance, demonstrating proof of automobile liability insurance coverage covering the period for which the requested business license will be effective, as required pursuant to Section 9-1-14 of this Code;

(15) Any additional information required pursuant to the applicable provisions of Articles 2 through 11 of this Chapter 9; and

(16) Payment of the business license fee for the specific class of business license sought, in the amount set forth in the Annual Fee Resolution.[1]

[1] Editor's Note: See Ch. A25, Fees.

(B) Renewal applicants. A business licensee may request the renewal of a business license by filing an application therefor with the Village Finance Director, on a form provided by the Village, which application shall include, without limitation, any change in the information required pursuant to Section 9-1-5(A) of this Code that has occurred since the date of the business license application filed by the applicant for the previous calendar year.

9-1-6 Inspections of proposed businesses and business locations.

(A) Life safety inspection. Prior to issuance of a business license, the Village Fire Chief, or his or her designee, shall physically inspect the proposed business location to ensure compliance with the applicable public and life safety regulations of this Code and other law. The Fire Chief, or his or her designee, shall report his or her findings and recommendations to the Village Finance Director within a reasonable time after receipt of a complete application filed pursuant to this Article 1.

(B) Zoning review. Prior to issuance of a new business license, the Village Director of Community Development, or his or her designee, shall review the nature of the proposed business to ensure compliance with the applicable provisions of Chapter 15 of this Code. The Director of Community Development, or his or her designee, shall report his or her findings and recommendations to the Village Finance Director within a reasonable time after receipt of a complete application filed pursuant to this Article 1.

(C) Police background check. Prior to the issuance of a new business license, the Village Chief of Police, or his or her or designee, shall investigate the moral character and business responsibility of the applicant, as deemed necessary for the protection of the public health, safety, and order.

(D) Vending machine inspections. The Village shall have the right to enter any licensed premises on which vending machines are operated, upon reasonable notice, to determine whether such machines comply with the applicable provisions of this Code. The owner or operator of such machines shall grant access to, and allow the Village to inspect, the interior of the machines.

9-1-7 Approval or denial of application.

(A) Approval. The Finance Director shall approve a business license application, and issue a business license to the applicant, upon the occurrence of each of the following:

(1) Receipt of a complete application for a new or renewal business license, in accordance with Section 9-1-5 of this Code;

(2) Receipt of the findings and recommendations of the Fire Chief and the Director of Community Development pursuant to Section 9-1-6 of this chapter;

(3) The determination by the Finance Director that the application satisfies all applicable provisions of this Code, including, without limitation:

(a) All applicable public and life safety regulations of this Code and other applicable law;

(b) All applicable zoning regulations set forth in Chapter 15 of this Code; and

(c) All applicable regulations specifically applicable to the proposed business pursuant to Articles 2 through 11 of this Chapter 9.

(B) Denial. The Finance Director may deny any application for a new or renewal business license that satisfies any of the following conditions:

[Amended 4-24-2023 by Ord. No. 2023-3683]

(1) The making of a false or misleading statement on the business license application required pursuant to this Article 1;

(2) The application does not satisfy any applicable provision of this Code;

(3) The applicant has failed to pay any taxes, fees or fines owed the Village;

(4) The owner or operator of the proposed business has been convicted of any felony (as defined in Section 2-7 of the Illinois Criminal Code of 2012, 720 ILCS 5/2-7, as may be amended) related to the business for which the business license was applied;

(5) The business has not applied for or obtained any license required pursuant to state statutes or regulations; or

(6) The applicant refused to permit inspections by Village staff as may be required pursuant to this chapter.

9-1-8 Multiple businesses in one location.

Where a business or activity is held by the same ownership and operates a closely related operation from the same premises but would otherwise be subject to obtaining more than one business license pursuant to this Chapter 9, unless otherwise noted, the license fee required to be paid in such instance shall be limited to only the highest single business license fee amount identified for the operation. Cumulative license fees associated with the operation shall not be assessed.

9-1-9 Term of licenses.

All business licenses shall commence on May 1 of each year and shall expire on April 30 following the date of issuance. No business license shall be granted for a period longer than one year.

9-1-10 Transfer or alteration of license.

(A) No business license may be assigned, sold, loaned, transferred, used as collateral or otherwise encumbered. No person, firm or corporation shall use or display any license certificate, tag, badge, or sticker which has been improperly acquired.

(B) No person, firm or corporation shall alter, deface, forge, or counterfeit any license, certificate, plate, tag, badge or sticker issued by the Village.

9-1-11 Location change restriction.

(A) The location of any licensed business may not be changed without notice given and review and approval granted by the Village.

(B) Except as otherwise specifically provided in a business license, no business license shall be construed to permit operation of the licensed business in more than one location in the Village; a separate license or permit shall be required for each location. For the purpose of this Chapter 9, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses are:

(1) Connected or located on the same lot or parcel;

(2) Operated and managed by the same person or owner; and

(3) Part of an establishment with the same classification.

9-1-12 Licensee compliance requirements.

(A) Posting license. It shall be the duty of any person conducting a business in the Village to keep the business license posted at all times in a prominent place on the business premises.

(B) Nuisance restriction. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.

9-1-13 License certificate or insignia loss.

In case any licensee who has been furnished a business license shall lose the same, the Finance Director shall issue a duplicate license upon the payment of a fee in the amount set forth in the Annual Fee Resolution.[1]

[1] Editor's Note: See Ch. A25, Fees.

9-1-14 Automobile liability insurance.

Any business required to maintain automobile liability insurance pursuant to Articles 2 through 11 of this Chapter 9 shall maintain at all times automobile liability insurance, in an amount not less than the amount set forth in the Annual Fee Resolution,[1] and naming the Village of Lincolnwood as an additional insured. The insurance shall be obtained from an insurer qualified to do business in Illinois, and shall be applicable to all automobiles used by the licensee in the conduct of the business.

[1] Editor's Note: See Ch. A25, Fees.

9-1-15 Penalties.

(A) Unless otherwise expressly provided in this Chapter 9, any person, firm, corporation or other entity convicted of violating any provision of this Chapter 9: (1) shall be fined in the amount set forth in the Annual Fee Resolution;[1] and (2) may be subject to any additional penalties as set forth in the applicable regulations specifically applicable to the business pursuant to Articles 2 through 11 of this Chapter 9.

[1] Editor's Note: See Ch. A25, Fees.

(B) The third and subsequent conviction of any provision of this Chapter 9 within any twelve-month period shall be deemed to be misdemeanors, and the person, firm or corporation guilty thereof may be imprisoned for a period not to exceed six months, in addition to any fine imposed pursuant to this Section 9-1-15(A).

(C) Each day on or during which any person violates any of the provisions of this chapter shall constitute a separate and distinct offense.

(D) Vending machines. With respect to any vending machine that is operated within the Village and that was not identified in the application for a business license, or operated in violation of this Code, the Chief of Police, or his or her designee, shall have the right, but not the obligation, to:

(1) Render the machine inoperable by removing any electrical or other utility connection to the machine, turning the machine with its face to a wall, or install some lock or other device to render the machine inoperable, and affix to the machine a notice indicating that the operation of the machine constitutes a violation of the ordinances of the Village;

(2) Render such machine inoperable by covering it with some material which must be broken or torn in order to operate the machine, and affix to the machine a notice indicating that the operation of the machine constitutes a violation of the ordinances of the Village;

(3) Impound the machine and remove it to any secure place within the Village, in which event the business licensee shall be responsible for the payment of all costs incurred by the Village in connection with such impoundment and removal.

9-1-16 Suspension and revocation of business license.

(A) Grounds for suspension or revocation. The Village Manager may, in his or her discretion and in accordance with the procedures set forth in this Section 9-1-16, suspend or revoke any business license upon the occurrence of any of the following:

(1) The making of a false or misleading statement on the business license application required pursuant to this Article 1;

(2) Violation of any applicable provision of this Code;

(3) Any action or condition that would render the business licensee ineligible for the issuance of the business license;

(4) Failure by the licensee to pay any taxes, fees or fines owed the Village;

(5) Creation of any condition, or the conducting or performing of any act, practice, or trade, that would be classified as a nuisance, or would result in an annoyance or discomfort to the public, or be detrimental to the health or safety of the inhabitants of the Village;

(6) Interference with any duly authorized employee, representative or agent of the Village in the performance of his or her duties;

(7) Conviction of the owner or operator of the business of any felony (as defined in Section 2-7 of the Illinois Criminal Code of 1961, 720 ILCS 5/2-7, as may be amended) related to the business for which the business license was applied or issued;

(8) Failure to obtain, or the loss of, any license required pursuant to state statutes or regulations; or

(9) Refusal to permit inspections by Village staff as may be required pursuant to this chapter.

(B) Procedure for suspension or revocation.

(1) Except as provided in Section 9-1-16(B)(2) of this Code, no business license may be suspended or revoked except after a hearing held before the Village Manager in accordance with the following provisions:

(a) Written notice of the date, time, and place of, and the general reasons for the hearing shall be transmitted to the business licensee at the licensed premises by personal service, if possible, and/or by certified United States mail, affording the business licensee an opportunity to appear and defend.

(b) No public hearing authorized by this Section 9-1-16 may be conducted less than five days prior to receipt by the business licensee of the notice required pursuant to Section 9-1-16(B)(1)(a) of this Code.

(c) The Village Manager shall hold the hearing at the date, time and place set forth in the notice, and shall give the business licensee an opportunity to be heard.

(2) The Village Manager may, upon a reasonable belief that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, order a licensed premises closed for not more than 10 days, pending a hearing on the suspension or revocation of the business license upon the issuance of a written order stating the reason for such conclusion. Any order issued pursuant to this Section 9-1-16(B)(2) shall include the notice of public hearing required pursuant to Section 9-1-16(B)(1)(a) of this Code.

(3) Within 14 days after the hearing, the Village Manager shall issue a written order setting forth any penalties to be assessed against or imposed upon the business licensee, and the reasons therefor. A copy of the written order shall be served upon the business licensee by personal service or by certified United States mail.

(4) In addition to, or in lieu of, the suspension or revocation of the business license, the Village Manager shall have the right, but not the obligation, to require the business licensee to reimburse the Village for its third-party costs, including attorneys' fees, incurred in connection with the suspension or revocation proceedings conducted pursuant to this Section 9-1-16(B).

9-1-17 Appeal.

(A) In the event that the Finance Director denies an application for a business license pursuant to Section 9-1-7(B) of this Code, the applicant shall have the right to appeal the denial to the Village Manager. Such appeal shall be made in writing and filed within 30 days after receipt by the applicant of written notice of the denial from the Director. The Village Manager shall consider and decide such appeal within 30 days after the filing thereof, or such further time to which the applicant shall agree.

(B) Any decision of the Village Manager made pursuant to Section 9-1-16 or 9-1-17(A) of this Code shall be final.