[HISTORY: Adopted by the Board of Trustees of the Village of Dwight 2-12-2024 by Ord. No. 1508 (Ch. 8, Art. XI, of the 1999 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Beginning April 1, 2024, it is unlawful for any person or entity to conduct, engage in, maintain, operate, carry on, or manage any business, occupation, or activity, whether or not subject to any licensing requirements of the city or of any other governmental agency, without first registering with the city. A separate registration will be required for each location of any business.
B. 
Any business entity that was conducting business on March 31, 2024, will be exempt from an initial registration fee but shall still be required to register with the Village.
C. 
The registration of business application is to be reviewed by the Village no later than 30 days following submittance of the application, unless the application is to be referred to the Zoning or Planning Committee.
For the purposes of this chapter, "business" includes any and all persons selling or providing any type of service or product, whether or not it is a for profit or nonprofit entity, including, without limitation, any sole proprietorship, partnership, limited-liability company, limited-liability partnership, corporation, joint venture, association, franchisee, or cooperative.
The registration will be valid from the time of issuance until the business ceases operation in its registered location. If the business is sold to another person, firm, partnership, corporation, limited-liability company, limited-liability partnership, or any other business entity, the registration will terminate even if such other person or entity intends to conduct the same business activities or occupation at the same location.
A. 
Business registration applications will be on a form prepared and supplied by the Village, which will contain the following information:
(1) 
The business's name, address, phone number, and email.
(2) 
Whether the business is a sole proprietorship, partnership, corporation, limited-liability company, limited-liability partnership, a corporation, not-for-profit corporation, or any other type of business.
(3) 
A description of the business and business activities.
(4) 
A list of all the partners and their residential addresses if the business is a partnership or limited-liability partnership; a list of all the officers and shareholders if it is a closely held corporation, and their residential addresses if the business is a corporation; or a list of all the members and managers and their residential addresses if the business is a limited-liability company.
(5) 
The fee for the registration as stated below.
(6) 
Zoning identification and information for the anticipated business site.
(7) 
Any and all other documentation required at the Village's discretion to process the application.
B. 
All applications must be signed by the owner, a shareholder, or member owning at least 50% of the entity and signed under oath by the applicant.
A. 
The registration fee is $25, which will be due upon submission of the registration application.
B. 
The registration fee will be waived for any charitable and other not-for-profit organizations as well as businesses which were in business as of March 31, 2024; however, any change of ownership or location shall require a registration to be filed and a fee paid.
C. 
All registration fees are nonrefundable. In no event will any rebate or refund be made of any registration fee or any part thereof, including if the registration is denied.
After receipt of the registration application and registration fee, if applicable, the application will be referred to the Village Board to review the application and issue the registration or upon review and issuance by the Village Administrator. The registration may be denied if:
A. 
The applicant or any partners, shareholders, officers, members, or managers have been convicted of a felony in the State of Illinois or any other jurisdiction.
B. 
The applicant has failed to cooperate with the Village in any requests for information that is the subject of the application, as required by this chapter.
C. 
The failure of the business to maintain all licenses or permits required by federal or state statute or regulation or as required by local ordinance for the location or proposed location of the business or for the business's activities or occupation that is the subject of the business.
D. 
The failure of the business to maintain or produce upon demand proof of a current inspection by the appropriate county health department when such inspection certificate is required for the business's activities or occupation.
E. 
The business has outstanding fees, fines, penalties, or any other amounts due and owing to the Village.
Every business must submit written notice of any change to a previously submitted business registration application within 30 days of the occurrence of the change.
No business may assign, sell, or transfer its registration to any other person, firm, partnership, corporation, limited-liability company, limited-liability partnership, or any other business entity, even if such other person or entity intends to conduct the same business activities or occupation at the same location, nor shall a business entity transfer a majority of their business ownership interest without filing a new registration with the Village. The new business owner will be required to obtain a new registration in accordance with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Any registration issued under this chapter may be suspended or revoked by the Village President or his designee if, after a hearing, the Village President or his designee finds:
(1) 
Fraudulent, misrepresentative, or incorrect statements are contained in the application or made in carrying on the permitted activity.
(2) 
Any of the partners, shareholders, officers, members, or managers have been convicted of a felony in the State of Illinois or any other jurisdiction.
(3) 
The business is conducting its business activities or occupation in such a manner as to constitute a breach of the peace, a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort of the residents of the Village.
(4) 
The business's location is not reasonably safe to person and property, or is not free from fire hazards, or is in violation of any local, state, or federal laws relating to the safety, fire prevention, or maintenance of structures, and such a violation may threaten a person's safety.
(5) 
The business has failed to maintain all licenses or permits required by federal or state statute or regulation or as required by local ordinance for the location or proposed location of the business or for the business's activities or occupation.
(6) 
The business has failed to maintain or produce, upon demand, proof of a current inspection by the appropriate county health department when such inspection certificate is required for the business, occupation, or activity.
(7) 
The business has outstanding fees, fines, penalties, or any other amounts due and owing to the Village.
B. 
After the Village President or his designee determines the business is in violation of one or more of the above, the Village President or his designee must give the business written notice of a hearing date either by personal service or certified mail. The notice must provide the charges against the business and the date, time, and place of the hearing. The hearing date must not be less than 20 days after the date of the notice. The business will have a right to be represented by counsel at the hearing and will be able to present witnesses and evidence as to the charges made. The rules of evidence will not apply, and the standard of proof is preponderance of the evidence.
C. 
The Village President or his designee can either issue a decision as to whether or not the business violated one of the above provisions and either suspend or revoke the registration immediately following the hearing, or he may issue a written decision within three business days after the hearing and have the decision served upon the business. If a business representative fails to appear at the hearing, then the registration will be automatically revoked on the hearing date.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Any business which fails to obtain a business registration prior to conducting or operating any business, occupation, or activity will be subject to a warning. The business will then have 14 calendar days from the date of the issuance of the ticket to complete the registration application and pay the $25 registration fee. Failure to register the business following the warning period shall be subject to the penalty prescribed in § 1-12 of the Village Code.
B. 
The Village retains the right to cause for the cessation of any business which fails to meet the requirements as listed above.