Whenever in this Code a license is required 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 requirement of a license if by himself or through an agent, employee or partner he holds himself forth as being engaged in a 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 Village.
[HISTORY: Adopted by the Board of Trustees of the Village of Tilton as Ch. 5.04 of the Village Code. Amendments noted where applicable.]
[Added 9-19-2024 by Ord. No. 2024-0919A]
A.
No performance, exhibition, entertainment, show, amusement, gathering or similar event shall be conducted or allowed outdoors on public or private property without a license therefor if it involves: amplified sound; the blocking or closing of a street or part of a street, or an alley or part of an alley; interference with the normal flow or regulation of traffic on streets, parks, or other public grounds; or other similar circumstances which would have a negative impact on the area surrounding the proposed event. No license shall be required for events held by the Village of Tilton.
B.
The fee for an event license shall be $50 per day for businesses, and $25 per day for individuals and not-for-profits.
C.
Any license issued shall be valid only for the time specified on the license.
D.
No license shall be issued pursuant to this section unless:
[Amended 8-21-2025 by Ord. No. O2025-0821-A]
Application for any license or permit required by Village codes shall be made to the Village Clerk on forms provided by the Village. The application shall include, but not necessarily be limited to, the following information: the name, address and phone number of the applicant; the type of license or permit being applied for; the address to which the license or permit will apply; the date and time of the event, if applicable; a detailed description of the type and extent of the event or activity being conducted, including any request for blocking or closure of a street; the applicant's certificate of registration number required under the Retailer's Occupation Tax Act,[1] Service Occupation Tax Act,[2] and/or Use Tax Act,[3] if applicable to the applicant's proposed business, occupation or activity; and such additional information as may be required by the Village.
[Amended 8-21-2025 by Ord. No. O2025-0821-A]
The application form for all licenses and permits is maintained on the Village's website. All completed applications shall be kept on file by the Village Clerk.
[1]
Editor's Note: Former § 172-4, Application contents, was repealed 8-21-2025 by Ord. No. O2025-0821-A.
Each license or permit issued shall bear the signatures of the Mayor and the Village Clerk, in the absence of any provision to the contrary.
Upon the receipt of an application for a license or permit where ordinances of the Village necessitate an inspection or investigation before the issuance of such permit or license, the Village Clerk shall refer such application to the proper officer for making such investigation. 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 an inspection in regard to such licenses in the connection with the care and handling of food, and the preventing of nuisances and the spread of disease, for the protection of health. 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.
In the absence of provisions 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 Village Clerk. When an applicant has not engaged in business until after the expiration of part 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 has been or will be conducted. Except as otherwise provided, all license fees shall become a part of the corporate fund.
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the Village.
A.
Whenever the consent of adjoining or neighboring owners is required as a prerequisite to the conduct of any business or occupation or the location of any establishment, such consent must be obtained by securing the necessary signatures to a written consent petition. Such petitions shall be filed with the Village Clerk when signed.
B.
Consents, once given and filed, shall not be withdrawn and petitions need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not.
C.
It is unlawful to forge any name to such a petition or to falsely represent that the names have been properly placed thereon if such is not the fact.
D.
When filed, each consent shall be accompanied by the affidavit of the person securing the signatures that each signature appearing thereon was properly secured and written and that the petition contains the necessary number of signatures required by ordinance.
A.
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 ordinance, or are reasonably necessary to secure compliance with any ordinance 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 the inspection any officer or employee of the Village who is authorized or directed to make such inspection at any reasonable time that admission is requested.
B.
In addition to any other penalty which may be provided, the Mayor may revoke the license of any licensed proprietor of any licensed business in the Village who refused to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection, or who interferes with the officer or employee while in the performance of his duty in making 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 Village, stating that such inspection or sample is desired at the time it is sought to make the inspection.
All annual licenses shall terminate on the last day of the fiscal year of the Village in which they are issued, when no provision to the contrary is made. It shall be the duty of each person holding a license to see that it is renewed each year.
Any license or permit for a limited time may be revoked by the Mayor at any time during the life of such license or permit, for any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, the subject matter of the license or permit or to the premises occupied. Such revocation may be in addition to any fine imposed.
It shall be the duty of any person conducting a licensed business in the Village to keep his license posted at all times in a prominent place on the premises used for such business.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.