(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.
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.
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;
Any theater, indoor or outdoor, displaying film, television
or live dramatic performances; or
Any business used primarily for concerts, athletic contests
or exhibitions, public picnics, circuses, carnivals, or flower, animal
or dog shows.
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.
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.
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.
A license issued pursuant to this Article 1 for the operation
of a business based within the Village.
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.
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.
Includes the words "patriotic," "philanthropic," "social
service," "welfare," "benevolent," "educational," "civic" or "fraternal,"
either actual or purported.
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.
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.
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]
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.
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:
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.
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.
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.
Includes the words "alms," "food," "clothing, "money," "subscription,"
"property" or "donations" under the guise of a loan of money or property.
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.
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]
Has the same meaning as used in 430 ILCS 65/1.1.
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:
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
Any ammunition designed exclusively for use with a stud or rivet
driver or other similar industrial ammunition.
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
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.
All retail and nonretail food establishments as defined herein.
The Illinois Food Service Sanitation Code, 77 Ill. Admin.
Code 750, as may be amended.
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.
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.
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.
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]
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.
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.
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]
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]
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]
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]
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]
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.
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.
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.
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.
Any person under the age of 18 years.
Any automobile, truck, motor scooter, or other self-propelled
vehicle not operated on tracks or from trolleys.
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.
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.
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.
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.
Gold, silver or platinum.
[Added 5-15-2012 by Ord. No. 2012-3003]
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]
Any land or buildings set apart for public recreation and
owned by any unit of government.
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:
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
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.
Any church, congregation, society or organization founded
for the purpose of religious worship.
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
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.
The Illinois Retail Food Store Sanitation Code, 77 Ill. Admin.
Code 760, as may be amended.
Defined in Section 10-3-2 of this Code.
[Added 7-16-2024 by Ord. No. 2024-3787]
Any public or private elementary or secondary school, community
college, college or university.
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]
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]
Genitals, pubic area, buttocks, anus or perineum of any person,
or the vulva or breasts of a female.
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.
Any person engaged in commercial or noncommercial solicitation.
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."
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.
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.
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.
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.
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).
(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.
(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;
(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.
(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.
(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;
(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.
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.
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.
(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.
(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:
(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.
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]
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.
(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.
(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.
(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).
(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.
