[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.
A.
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.
B.
The Building
Inspector shall make or cause to be made any such inspections relative
to the construction of buildings or other structures.
C.
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.
A.
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.
B.
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.
A.
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)]
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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; amended 5-3-2022 by Ord. No. 22-02]
A.
BUSINESS ORGANIZATION
CHARITABLE ORGANIZATION
CITY
EDUCATIONAL ORGANIZATION
FRATERNAL ORGANIZATION
LABOR ORGANIZATION
MAYOR
NONPROFIT
RAFFLE
(1)
(2)
RELIGIOUS ORGANIZATION
VETERANS
Definitions. The following terms as used herein are hereby defined
as follows:
A voluntary organization composed of individuals and businesses
who have joined together to advance the commercial, financial, industrial
and civic interests of a community.
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.
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.
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 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 (720 ILCS 5/28-2), conducted by an organization licensed under this article, in which:
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
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.
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.
B.
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 section.
C.
License restrictions.
(1)
Location. Sales of raffle chances shall be only at locations designated
in the license application and which are within the City of Waverly.
(2)
Eligibility for raffle licenses. Licenses shall be issued only to
bona fide religious, charitable, labor, business, fraternal, educational
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
fund-raising 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.
(3)
Duration of license.
(a)
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).
(b)
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
section.
(4)
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.
(5)
Price of chances. The price charged for each raffle chance sold or
issued shall not exceed $100.
D.
License application.
(1)
Each application for a license shall be in writing upon forms provided
by the City Clerk and shall contain the following:
(a)
Name and address of individual making application on behalf
of the organization;
(b)
The position or representative capacity of such person;
(c)
Name and address of organization applying for a license;
(d)
Approximate number of members of the organization that reside
in the City of Waverly and the length of existence of the organization;
(e)
Name and address of the raffle manager;
(f)
The location(s) within the City at which raffle chances are
to be sold or issued;
(g)
The time period during which raffle chances are to be sold or
issued;
(h)
The amount charged for each chance;
(i)
The maximum retail value of each prize awarded by the licensee
in such raffle;
(j)
The area or areas where the prize or prizes will be awarded;
(k)
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.
(2)
Each application for a license shall be accompanied by payment of
a fee in the amount of $10.
(3)
Application for licenses shall be submitted to the City Council,
which shall act to either issue or deny the license within 30 days.
E.
F.
Conduct of raffles. The conducting of raffles is subject to the following
restrictions:
(1)
The entire net proceeds of any raffle must be exclusively devoted
to the lawful purposes of the organization permitted to conduct the
game.
(2)
No person except a bona fide member of the sponsoring organization
may participate in the management of the raffle.
(3)
No person may receive any remuneration or profit for participating
in the management or operation of the raffle.
(4)
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.
(5)
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.
(6)
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.
G.
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.
H.
Records and reports.
(1)
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.
(2)
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.
(3)
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. The report shall be presented for review by the City Council,
utilizing the designated form, by the conclusion of the raffle or
not later than the 30th of December every year of the raffle and prior
to approval of the next year's license.
(4)
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.
