[HISTORY: Adopted by the City Council of the City of Waverly as Ch. 16 of the 1973 Code. Amendments noted where applicable.]
It shall be unlawful for any person to engage in any business, occupation or activity for which a license fee is imposed by the provisions of this chapter without first obtaining a license so to do.
Whenever a license is required by this Code of Ordinances or by City 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 shall be subject to the requirements of this chapter if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation, or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the City.
Applications for all licenses required by this Code or City ordinance shall be made in writing to the City Clerk in the absence of any specific provision to the contrary. Each application shall state the name of the applicant; the license desired; the location to be used, if any; the time covered; the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the City officials in the issuing of the license applied for.
Forms for all licenses and applications therefor shall be prepared and kept on file by the City Clerk.
Each license issued under the provisions of this Code or City ordinance shall bear the signatures of the Mayor and the City Clerk in the absence of any provision to the contrary.
Upon receipt of an application for a license, where ordinances of the City necessitate an inspection or investigation before the issuance of such license, the City Clerk shall refer such application to the proper officer for making such investigation within 48 hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within 10 days after receiving the application or a copy thereof.
The Health Officer shall make or cause to be made all inspections in connection with such licenses for the protection of health, the care and handling of food, the prevention of nuisances and of the spread of disease.
The Building Inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures.
All other investigations, except where otherwise provided, shall be made by the Chief of Police or by some other officer designated by the Mayor.
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by provisions of this Code or any other ordinance of the City, or are reasonably necessary to secure compliance with any such provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making such inspection any officer or employee of the City who is authorized or directed to make such inspection at any reasonable time that admission is requested. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any such provision of this Code or City ordinance or to detect violations thereof, it shall be the duty of any licensee whose business is governed by such provision to give to any authorized officer or employee of the City requesting the same sufficient samples of such material or commodity for such analysis upon request.
In addition to the penalty provided in Chapter 1, Article III, Penalties and Enforcement, of this Code, the Mayor may revoke the license of any licensed proprietor of any licensed business in the City who refuses to permit any officer or employee who is authorized to make an inspection or take a sample to make the inspection, or take an adequate sample of the desired commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection; provided that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the City, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample.
Unless otherwise provided by this Code, all annual licenses or annual permit fees shall expire on the 30th day of April of each year, being the last day of the fiscal year of the City.
No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the City. No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of the Zoning Ordinance of the City.
The location of any licensed business or occupation may be changed, provided 10 days' notice thereof is given to the City Clerk in the absence of any provision to the contrary; provided that the building, zoning and frontage consent requirements of this Code are complied with.
No license granted under the provisions of this Code or any other ordinance of this City shall be assignable or transferable without the written permission of the Mayor; nor shall any such license authorize any person to do business or act under it but the person named therein. Where the person so licensed shall intend to employ, or shall employ, any other person as agent or agents, to transact business or to act under such license for him, the name or names of the agent or agents by him employed, or intended to be employed, shall be reported at once to the City Clerk, and be by him endorsed on the license, if the Mayor shall consent to have such persons or agents act under such license.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
It shall be the duty of every person conducting a licensed business in the City to keep his license posted in a prominent place on the premises used for such business at all times.
Wherever the number of vehicles used is the basis of a license fee, the City Clerk shall furnish each licensee with a tag or sticker for each vehicle covered by the license, and such tag or sticker shall be posted in a conspicuous place on each such vehicle while it is in use.
Any license issued under the provisions of this chapter or this Code or City ordinance may be revoked by the City Council for the violation by the licensee of any applicable provision of this Code, state law or City ordinance, rule or regulation.
Amount of fees. License fees as set forth in the fee schedule adopted by the City Council shall be charged and collected annually, unless another or different term is stated herein, before any license shall be issued under the provisions of this chapter or any other provision of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Payment of fees in advance. Fees and charges for licenses or permits shall be paid in advance at the time application therefor is made at the office of the City Clerk.
When fees due. Unless otherwise provided by this Code, all annual licenses and permits shall be due on the first day of the fiscal year of the City, being the first day of May of each year.
Proration of fee. Any applicant for a license required by this Code or City ordinance who has not engaged in business within the City until after the first day of November of any year shall be required to pay only 1/2 the fee and charge for an annual license or permit for the remainder of the current fiscal year.
Any person who is in business in the City on May 1, or any person who commences operation of a business within the City during the month of May, which business requires an annual license or licenses, or annual permit or permits, to lawfully operate within the City, shall obtain the same on or before May 1, or during the month of May, as the case may be, prior to the time of opening said business.
Any person failing to obtain such annual license or permit before June 1 shall be required to obtain said license or permit and pay an additional 10% of such annual license or permit fee, and should said person fail to obtain said license or permit on or before July 1, then said person shall be required to obtain said license or permit and pay an additional 20% of the total fees of annual licenses or permits required.
Any person who commences business after June 1 and prior to November 1 shall be required to pay the full annual license or permit fee for the fiscal year expiring April 30 following.
[Added 12-4-2018 by Ord. No. 18-7]
Definitions. The following terms as used herein are hereby defined as follows:
- BUSINESS ORGANIZATION
- A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community.
- CHARITABLE ORGANIZATION
- An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public.
- The City of Waverly, Morgan County, Illinois.
- EDUCATIONAL ORGANIZATION
- 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.
- FRATERNAL ORGANIZATION
- 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.
- 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.
- The elected Mayor, acting Mayor or Mayor Pro Tem of the City.
- An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.
- A form of lottery, as defined in Section 28-2(b) of the Illinois Criminal Code of 2012, conducted by an organization licensed under this chapter, in which:
- (1) The player pays or agrees to pay something of value for a chance, represented by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance; and
- (2) 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 ORGANIZATION
- Any church, congregation, society, or organization founded for the purpose of religious worship.
- 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.
Editor's Note: See 720 ILCS 5/28-2.
License required. No person, firm, organization or corporation shall conduct raffles or chances in the City without having first obtained a license therefor, pursuant to this chapter.
Location. Sales of raffle chances shall be only at locations designated in the license application and which are within the City of Waverly.
Eligibility for raffle licenses. Licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, education or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for a license and which have had, during that entire five-year period, a bona fide membership engaged in carrying out their objectives, or to a nonprofit fundraising organization that the City Council determines is organized for the sole purpose of providing assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster.
Duration of license. Licenses shall permit the applicant to issue or sell raffle chances only for those dates stated in the application, but in no event shall the period of sales exceed one year (365 days). Each license is valid for one raffle only, or for a specified number of raffles to be conducted during a specified period not to exceed one year and may be suspended or revoked for violation of this chapter.
Maximum value of prizes. The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed $500,000. The maximum retail value of each prize awarded by a licensee shall not exceed $500,000.
Price of chances. The price charged for each raffle chance sold or issued shall not exceed $100.
Each application for a license shall be in writing upon forms provided by the City Clerk and shall contain the following:
Name and address of individual making application on behalf of the organization;
The position or representative capacity of such person;
Name and address of organization applying for a license;
Approximate number of members of the organization that reside in the City of Waverly and the length of existence of the organization;
Name and address of the raffle manager;
The location(s) within the City at which raffle chances are to be sold or issued;
The time period during which raffle chances are to be sold or issued;
The amount charged for each chance;
The maximum retail value of each prize awarded by the licensee in such raffle;
The area or areas where the prize or prizes will be awarded;
A sworn statement, signed by the presiding officer and secretary, if there is one, of the organization, attesting to the not-for-profit character of the organization, and attesting to the fact the organization is not otherwise ineligible to receive a license.
Each application for a license shall be accompanied by payment of a fee in the amount of $10.
Application for licenses shall be submitted to the City Council, which shall act to either issue or deny the license within 30 days.
License ineligibility. The following are ineligible for any license under this chapter:
Any person who has been convicted of a felony;
Any person who is or has been a professional gambler or gambling promoter;
Any person who is not of good moral character;
Conduct of raffles. The conducting of raffles is subject to the following restrictions:
The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct the game.
No person except a bona fide member of the sponsoring organization may participate in the management of the raffle.
No person may receive any remuneration or profit for participating in the management or operation of the raffle.
A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed to conduct raffles.
Raffle chances may be sold or issued only at the locations specified on the license, and winning chances may be determined only at those locations specified on the license.
A person under the age of 18 years may participate in the conducting of raffles or chances only with the permission of a parent or guardian. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by a parent or guardian.
Raffle manager; bond. All operation and conduct of raffles shall be under the supervision of a single raffles manager, designated by the organization. At the time the application is submitted to the City Clerk, the manager shall give a fidelity bond in the amount of the maximum dollar amount of all raffle chances to be sold, as stated on the application, in favor of the organization conditioned upon his or her honesty in the performance of his or her duties. Terms of the bond shall provide that notice shall be given, in writing, to the City Council not less than 30 days prior to its cancellation. The above bond requirement may be waived by the unanimous vote of the members of the organization. The occurrence of said unanimous vote shall be evidenced by affidavit of the organization's presiding officer and filed with the City Clerk.
Records and reports.
Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license therefor issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each organization should have separate records for its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
Each organization licensed to conduct raffles shall report promptly after the conclusion of such raffle to its membership, and to the City Council, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required by this section.
Records required by this section shall be preserved for three years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.