A.
It shall be unlawful for any person to conduct, engage in, maintain,
operate, carry on, or manage any business, either by himself or itself,
or through an agent, employee, or partner, without first having obtained
a license for such business. A license is required when any person,
by himself or through an agent, employee, or partner, is held forth
as being engaged in the business, or if he solicits patronage therefor,
actively or passively, or if he performs or attempts to perform any
part of such business in the City.
B.
If any business falls into more than one of the categories requiring
a license under this chapter, a separate license shall be obtained
for each category.
C.
A license shall not be required for any amusement, entertainment
or exhibition given by residents of the City who are not engaged therein
as a business for personal profit or gain and the proceeds of which
are exclusively for the benefit of a charitable organization registered
with the Illinois Attorney General pursuant to the Solicitation for
Charity Act (225 ILCS 460/0.01 et seq.).
A.
Applications for all licenses required by this chapter shall be made
in writing to the City Clerk, except as may otherwise be provided
by this chapter. If the applicant is an individual, the application
shall contain the individual's name, date of birth, residential address,
and residential telephone number. If the applicant is a partnership
or other noncorporate business entity, the application shall contain
the name, date of birth, residential address and residential telephone
number of each partner, principal, or member thereof. If the applicant
is a corporation, the application shall contain the name, date of
birth, residential address, and residential telephone number of each
principal officer and registered agent thereof. Each application shall
also contain such information as may be prescribed by the City Clerk,
including, but not limited to:
(1)
The license desired;
(2)
The location to be used;
(3)
The license period;
(4)
The fee to be paid;
(5)
The number of the certificate of registration required under
the Retailers' Occupation Tax Act, Service Occupation Tax Act, and/or
Use Tax Act, if applicable; and
(6)
Such additional information as may be needed for the evaluation
of the application.
B.
Forms for all licenses and applications therefor shall be prepared
and kept on file by the City Clerk. Each license issued shall bear
the signature of the Mayor and City Clerk, except as may otherwise
be provided by this chapter.
A.
Investigation of applicant.
(1)
Upon
the receipt of an application for a license, where an investigation
is required by this chapter before the issuance of such license, or
where an investigation shall be deemed reasonably necessary or appropriate,
by a member of the corporate authority (including but not limited
to the Mayor, the City Clerk, the City Police Chief, the City Health
Officer, the Fire Chief, the City Building Official or the City Zoning
Administrator), the City Clerk shall refer the application to the
appropriate official or officials for the conduct of such investigation(s)
within 48 hours of receiving the application. Such investigation shall
be completed within 10 days after receiving such application, absent
circumstances beyond the control of the investigating authority delaying
the completion of the investigation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
If
it shall appear to the City Clerk 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
applicant for the inclusion of such additional information as may
be specified by the City Clerk.
B.
Inspection officials. The Building Official of the City, in consultation
with the County Health Department, shall make or cause to be made
inspections 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 the health of the public. The Building
Official shall make or cause to be made any inspections which relate
to compliance with the building code, zoning ordinance and other related
regulations. Criminal record investigations shall be conducted by
the Chief of Police. All other investigations, except where otherwise
provided, shall be made by any officer, employee or agent designated
by the Mayor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Inspections; analyses.
(1)
Whenever
inspections of the premises used for or in connection with the operation
of a licensed business are provided for or required by this chapter
or are reasonably necessary to assure compliance with the provisions
of any ordinance or regulation of the City or to detect violation
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 the City who is duly authorized to make
such inspection at any reasonable time that such admission or entry
is requested.
(2)
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 the City requesting the same sufficient samples
of such material or commodity.
D.
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 the City or refuse to issue a license to any owner or operator
of a proposed business in the City who: 1) refuses to permit any duly
authorized officer or employee to make such inspection, or 2) refuses
to permit any duly authorized officer or employee to take an adequate
sample of said commodity or material, or 3) interferes with such officer
or employee while in the performance of such duties. However, no license
shall be denied or be subject to revocation for denial of inspection
of property unless such City officer or employee has been refused
permission to enter such premises in the name of the City after first
having presented an administrative search warrant issued by a court
of competent jurisdiction authorizing such entry.
E.
In order to facilitate proper inspection in keeping with the provisions
of this subsection, any official, sanitarian, inspector or other employee
or person designated to make such inspections under the supervision
of the County Health Department shall be considered to be an officer
or official of the City for such purpose and for any purpose relative
to the provisions of this chapter but for no other purpose unless
so designated by this chapter.
A.
If, after due consideration of the information contained within the
application and the related investigative report, the Mayor determines
that the applicant does not meet the standards set forth in this chapter,
such license shall be denied. Thereupon, the City Clerk shall promptly
notify the applicant that no license will be issued, indicating the
reasons therefor.
B.
If, after due consideration of the information contained within the
application and the related investigative report, the Mayor determines
that the applicant meets the standards set forth in this chapter,
such license shall be granted and the City Clerk shall notify the
applicant thereof.
A.
Each license shall indicate its term. All annual licenses shall be
operative, and the license year for the City shall commence, on the
first day of May of each year. No license shall be granted for a period
longer than one year. Except where otherwise provided herein, every
license shall expire on the 30th day of April following the date of
issuance.
B.
The City Clerk shall notify all licensees of the City of the time
of expiration of the license held by the licensees three weeks prior
to date of such expiration. 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 in a court of competent jurisdiction
in an action based upon operation of a business without a license.
C.
Except as otherwise provided herein, each license may be renewed
upon proper application and payment of the required fee. The requirements
and procedures for granting and issuing a license renewal shall be
the same as the requirements and procedures for granting a new license.
No license may be assigned, sold, loaned, transferred, used
as collateral, or otherwise encumbered. No person shall use or display
any license that has been improperly acquired. No person shall alter,
deface, forge, or counterfeit any license issued by the City.
A.
Payment of license fees. 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 City Clerk in the
amounts prescribed by the business license fee ordinance of the City
as is in effect, from time to time.[1] Except as otherwise provided, all license fees shall become
a part of the general corporate fund to reimburse said fund for the
costs incurred in investigations and processing applications for the
licenses required herein, and for the costs of regulating the subject
businesses. In no event shall any rebate or refund be made of any
license fee, or part thereof, by reason of death or departure of the
licensee; 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.
B.
When an applicant has not engaged in the business to be licensed
until after the expiration of part of the current license year, the
license fee shall be pro-rated by quarters of a year and the fee paid
for each quarter or fraction thereof during which the business may
be conducted for that license year.
