[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as Ch. 7, Art. I, of the 2015 Code. Amendments noted
where applicable.]
A.
Applications for all licenses and permits required by Chapters 150, Adult Uses, 155, Amusement Devices, 195, Fireworks, 223, Junk Dealers, 271, Peddling and Soliciting, and 278, Raffles and Poker Runs, shall be made in writing to the Municipal Clerk in the absence of provision to the contrary.
C.
Each application shall also contain the number of the certificates
of registration required under the Retailer's Occupation Tax Act,
Service Occupation Tax Act, and/or Use Tax Act, if applicable. Each
application shall contain such additional information as may be needed
for the proper guidance of the municipal officials in the issuing
of the license or permit applied for.
Whenever a license or permit is required in this Code or in
any municipal ordinance for the maintenance, operation, or conduct
of any business or establishment, or for doing business or engaging
in any activity or occupation, any person, firm, or corporation shall
be subject to the requirement if by himself or itself, or through
an agent, employee or partner, he or it is held forth as being engaged
in the business, activity or occupation, or if he or it solicits patronage
therefor actively or passively, or if he or it performs or attempts
to perform any part of such business, activity or occupation in this
municipality.
No license shall be granted for longer than a one-year term,
and all licenses, unless otherwise provided by ordinance, shall expire
on the last day of the next April following their issue. Every license
shall be signed by the Mayor and attested by the Clerk under the Corporate
Seal, and no license shall be valid until signed and countersigned
as aforesaid, nor shall any person be deemed to be licensed until
the same shall have been issued to him in due form.
A.
Upon the receipt of an application for a license or permit, where
an investigation or inspection is required by ordinance before the
issuance of such permit or license, or where an inspection or investigation
shall be deemed reasonably necessary or appropriate, the Clerk, within
48 hours, shall refer the application to the appropriate official(s)
for the making of such investigation or inspection.
B.
The official(s) to whom the application has been referred shall make
a report thereon, favorable or otherwise, within 10 days after receiving
such application or a copy thereof.
C.
The Chief of Police shall make or cause to be made an inspection
regarding such permits and licenses as relate to the care and handling
of food, the prevention of nuisances and the spread of disease, and
the protection of health. If a Zoning Code is in effect, the Zoning
Administrator shall make or cause to be made any inspections which
relate to compliance with the Zoning Code and other related regulations.[1] All other investigations, except where otherwise provided,
shall be made by the Chief of Police or by some other officer designated
by the Mayor.
D.
Upon receipt of all related investigative reports, the Clerk shall
forward such reports, together with the application, to the Mayor
for evaluation and determination.
E.
If it shall appear to the corporate authorities that the matters
and circumstances relating to an application require further information
before a proper determination can be made, such application shall
be returned to the Clerk for the inclusion of such additional information
as may be specified necessary and appropriate.
F.
If, after due consideration of the information contained with the
application and the related investigative reports, the corporate authorities
shall determine that the matters concerning the application are unsatisfactory,
they may disapprove such application, indicating the reasons therefor.
Thereupon, the Clerk shall be directed to promptly notify the applicant
that his application is disapproved and that no license or permit
will be issued.
G.
If, after due consideration of the information contained within the
application and the related investigative reports, the corporate authorities
shall determine that the application is satisfactory, they shall approve
the application. Thereupon, the Clerk shall be directed to promptly
notify the applicant that his application is approved and the license
or permit may be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the absence of provision to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the Clerk in the amounts prescribed by the corporate
authorities. Except as otherwise provided, when an applicant has not
engaged in the business or activity until after the expiration of
the current license year, the license fee shall be prorated by quarters
and the fee paid for each quarter or fraction thereof during which
the business or activity has been or will be conducted. Except as
otherwise provided, all license and permit fees shall become a part
of the corporate fund. In no event shall any rebate or refund be made
of any license or permit fee, or part thereof, by reason of death
or departure of the licensee or permittee; nor shall any rebate or
refund be made by reason of nonuse of the license or discontinuance
of the operation or conduct of the licensed establishment, business
or activity.
A.
All annual licenses shall be operative and the license year for this
municipality shall commence on May 1 of each year and shall terminate
on April 30 of the following year, where no provision to the contrary
is made.
B.
The Clerk shall notify all licensees of this municipality of the
time of expiration of the license held by the licensee (if an annual)
three weeks prior to the date of such expiration; provided, however,
that a failure to make such notification or the failure of the licensee
to receive it shall not excuse the licensee from the obligation to
obtain a new license, or a renewal thereof, nor shall it be a defense
in an action based upon operation without a license.
No license shall be issued for the conduct of any business, and no permit shall be issued for any purpose or activity, if the premises and building to be used for the purpose do not fully comply with all applicable ordinances and regulations of this municipality and the State of Illinois. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 360, Zoning, of the Village Code and/or other applicable regulations of this municipality.
The location of any licensed business or occupation, or the
location of any permitted act, may be changed, provided that 10 days'
notice thereof is given to the Clerk, in the absence of any provision
to the contrary; provided further, however, that all applicable ordinances
and regulations of this municipality shall be complied with.
No license for the operation of a business or establishment
in this municipality shall be construed to permit the operation of
a licensed business or establishment in more than one location in
this municipality; a separate license shall be required for each location
of a licensed establishment. For the purpose of this chapter, the
existence of a single location shall be evidenced by the fact that
all buildings containing the principal or accessory uses shall be
connected or shall be located on the same lot or parcel; shall be
operated and managed by the same person or owner; and shall be an
establishment with the same classification.
A.
Generally. No business or establishment, whether licensed or not,
shall be so conducted or operated as to constitute a nuisance in fact,
and no building, vehicle or structure, yard, lot, premises or part
thereof shall be used, kept, maintained, or operated in connection
with any business or establishment so as to occasion any nuisance
or so as to be dangerous to life or detrimental to health.
B.
Unsafe or unhealthful business.
(1)
No building or structure utilized, constructed or maintained in connection
with any business or occupation shall evidence an unsanitary, unsafe
or dangerous condition.
(2)
No substance, matter or thing of any kind whatsoever, which would
be dangerous or detrimental to health, shall be allowed to exist in
connection with any business or occupation, or be used in any work
or labor performed in this municipality.
C.
Refuse disposal.
(1)
Refuse containers. The standard refuse container required by this
chapter shall be a receptacle of not less than 20 gallons capacity,
nor more than 32 gallons capacity, constructed of impervious material
and sturdy construction with a tight-fitting cover, and equipped with
handles properly placed to facilitate handling.
(2)
Duty to provide refuse containers.
(a)
The occupant of every building, structure or premises used or
maintained in connection with any business or occupation shall provide
and maintain in good condition and repair a sufficient number of refuse
containers for the temporary storage of all refuse accumulating between
collections.
(b)
All refuse which is placed for collection service outside any
building or structure must be kept in standard refuse containers.
(3)
Refuse removal. It shall be the duty of the occupant of every building,
structure or premises used or maintained in connection with any business
or occupation to cause to be removed, at his own cost and expense,
at least once each week, all refuse produced therein.
(4)
Removal of restaurant garbage. Every person owning or controlling
any hotel, restaurant, cafe, or retail food establishment where more
than 32 gallons of refuse is normally produced weekly shall cause
all garbage to be placed in sanitary refuse containers and shall cause
all substances deposited in such containers to be removed daily from
his premises and to be disposed of at his own expense.
A.
Health requirements. No owner, lessee, manager, or superintendent
of any store, factory, workshop or other place where persons are employed
shall cause or permit such place or any room or part thereof to be
overcrowded or inadequate or faulty in respect to light, ventilation,
heat or cleanliness.
B.
Sanitation. All such places of employment shall be kept in a clean
condition, free from effluvia of a sewer, drain, privy, stable or
other nuisance(s); also, as far as practicable, such premises shall
be free from all gases, vapors, dust, or other impurities generated
by manufacturing processes or otherwise which are injurious to health.
Sufficient washroom facilities for male and female employees shall
be provided and such facilities shall be properly ventilated.
C.
Heat required.
(1)
It shall be the duty of every person owning or controlling the heating
plant which furnishes heat to any factory or workshop to maintain
a temperature within such factory or workshop of not less than 62°
F. without such undue restriction of ventilation as to interfere with
proper sanitary conditions therein; provided, however, that this requirement
shall not apply to any factory or workshop where the business conducted
therein is of such a nature that a higher or lower temperature than
62° F. is necessary or expedient for the work or manufacturing
processes of such business.
(2)
It shall be the duty of every person owning or controlling the heating
plant which furnishes heat to any office, store, or other place of
employment to maintain a temperature therein of not less than 62°
F., without such undue restriction of ventilation as to interfere
with proper sanitary conditions therein between the hours of 8:00
a.m. and 6:00 p.m. from October 1 of each year until June 1 of the
succeeding year (Sundays and legal holidays excepted).
D.
Inspection. The Chief of Police and the Zoning Administrator, if
any, shall visit or cause to be visited all places of employment in
this municipality as often as they shall deem necessary to assure
compliance with the provisions of this section, and to have such arrangements
made as may be deemed necessary for the health and safety of the employees.
A.
Whenever inspections of the premises for or in connection with the
operation of a licensed business or occupation are provided for or
required by ordinance or are reasonably necessary to assure compliance
with the provisions of any ordinance or regulation of this municipality,
or to detect violations thereof, it shall be the duty of the licensee
or the person in charge of the premises to admit thereto, for the
purpose of making the inspection, any officer or employee of this
municipality who is duly authorized to make such inspection at any
reasonable time that such admission or entry is requested.
B.
Whenever an analysis of any commodity or material is reasonably necessary
to assure compliance with the provisions of any ordinance or regulation,
or to detect violations thereof, it shall be the duty of the licensee
or the person in charge of the premises to give to any duly authorized
officer or employee of this municipality requesting the same sufficient
samples of such material or commodity for such analysis upon official
request.
C.
In addition to any other penalty which may be provided, the Mayor
may revoke the license of any owner or operator of a licensed business
in this municipality who refuses to permit any duly authorized officer
or employee to make such inspection or to take adequate sample(s)
of said commodity, or who interferes with such officer or employee
while in the performance of his duties; provided, however, that no
license shall be subject to revocation for such cause unless such
officer or employee has been refused permission to enter upon the
premises in the name of this municipality after having first presented
a warrant authorizing such entry.
A.
Nuisance. When the conduct or operation of any business or establishment,
whether or not licensed, shall constitute a nuisance in fact and a
clear and present danger to the public health, safety or general welfare,
the Mayor shall be authorized to summarily order the cessation of
business, the closing of the premises, and the suspension of any license
or permit for a period not to exceed 10 days.
B.
Hearing. Within eight days after he has so acted, the Mayor shall
call a hearing for the purpose of determining whether or not the license
or permit should be revoked.
C.
Revocation.
(1)
Licenses and permits issued in this municipality, unless otherwise provided, may be revoked by the Mayor after notice and hearing as provided in Subsections D and E of this section for any of the following causes:
(a)
Any fraud, misrepresentation or false statement contained in
the application for the license or permit;
(b)
Any violation by the licensee or permittee of Code provisions
relating to the license or permit, the subject matter of the license
or permit, or the premises occupied;
(c)
Conviction of the licensee or permittee of any felony or of
a misdemeanor involving moral turpitude;
(d)
Failure of the licensee or permittee to pay any fine or penalty
owed to this municipality;
(2)
Such revocation, if ordered, shall not preclude prosecution and imposition
of any other penalties provided for the violation of other applicable
Code regulations of this municipality.
D.
Hearing notice. Notice of the hearing for revocation of a license
or permit shall be given in writing setting forth specifically the
grounds of the complaint and the time and place of the hearing. Such
notice shall be sent by certified mail (return receipt requested)
to the licensee or permittee at his last known address at least five
days prior to the date set for the hearing.
E.
Counsel. At the hearing, the attorney for the municipality shall
present the complaint and shall represent the municipality. The licensee
or permittee shall be permitted counsel and shall have the right to
submit evidence and cross-examine witnesses. The Mayor shall preside
and shall render the decision.
Any person aggrieved by the decision of the Mayor regarding the denial of an application for a business license as provided in § 172-4 or in connection with the revocation of a license or permit as provided in § 172-13 shall have the right to appeal to the municipality. Such appeal shall be taken by filing with the Clerk, within 10 days after notice of a denial of an application or a revocation of a license or permit, a written statement under oath setting forth specifically the grounds for appeal. The municipality shall thereupon set the time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in § 172-13 hereof. The decision of the municipality on such appeal shall be final.
It shall be the duty of every person conducting a licensed business
in this municipality to keep his license posted in a prominent place
on the premises used for such business at all times.
Whenever the number of vehicles used is the basis in whole or
in part for a license fee, the Clerk shall furnish the licensee with
a tag or sticker for each vehicle covered by the license, and such
tag or sticker shall be posted or affixed in a conspicuous place on
each business vehicle.
