It shall be a violation of this Code for any person to engage in or carry on any business, trade or calling in the Village of Freeport without first obtaining a license therefor in accordance with the provisions of this chapter.
[1]
Editor's Note: This local law provided an effective date of 6-1-2025.
The Village Clerk is hereby designated as the License Commissioner of the Village, with the authority to make such rules and regulations and to conduct investigations in relation to the issuance, renewal, amendment, termination, cancellation, revocation and suspension of licenses or permits required by the provisions of this Code, except for those licenses or permits required by the provisions of this Code or other law to be issued by another department, division or agency.
A.
Except as otherwise specifically provided, every applicant for a license (or renewal of license) shall file a statement with the Village Clerk, which statement shall be signed and sworn to by the applicant in person if an individual, by all partners if a partnership and by the president or duly authorized officer if a corporation, showing:
(1)
Name.
(2)
Business address.
(3)
Residence address.
(4)
Age.
(5)
The precise purpose for which the license is sought.
(6)
Location of licensed premises.
(7)
Whether there are any dangerous or hazardous substances stored at the location of licensed premises.
(8)
Criminal history. Whether or not the applicant or, in the case of a corporation, whether any officer or director thereof has been convicted of a crime, offense or violation of any municipal ordinance or law, and if so, the municipality or jurisdiction where the offense occurred, the nature of the same and the penalty assessed therefor.
(9)
Photographs. Two clear photographs of the applicant taken not more than 60 days before the submission of the application, which photographs shall be two inches by two inches, showing the head and shoulders of the applicant. In case of a corporation, the officer or agent principally engaged in the activities within the Village shall furnish such photographs.
B.
No application shall be considered complete unless it is accompanied by payment of the license fee. The Board of Trustees shall from time to time by resolution set the fee for any license issued pursuant to this section. This fee shall not supersede any other license fees set by the Board pursuant to other sections of the Code.
C.
Unless specifically provided otherwise, any license duly issued may be renewed upon application by the licensee and accompanied by the appropriate fee and a continuance or renewal of bonds as provided herewithin.
The completed application, together with the appropriate fee, which shall be nonrefundable and shall be applied to the cost of conducting the investigation and other administrative costs in processing the application, shall be submitted to the Village Clerk, who shall thereupon cause an investigation to be made into all the facts and circumstances pertaining to the application.
A.
After such investigation, the Village Clerk shall provide application and results of investigation to the Mayor. All licenses (and renewals) shall be issued by the Mayor to such persons as he shall deem fit and proper upon an evaluation of their qualifications and upon compliance of the applicant with the provisions of this article or any other applicable ordinance, upon a finding that the issuance (or renewal) of a license would not be detrimental to the best interests of the Village or the public. However, licenses for circuses, theaters or other exhibitions or performances, the keeping of billiard or poolrooms, bowling alleys, shooting galleries and other similar places of amusements for money or hire or the giving of exhibitions, performances or entertainments at any place within the Village or the use of mechanically operated amusement devices shall be refused when, in the judgment of the Mayor, they shall be likely to disturb the peace and order of the Village or be immoral or improper.
B.
Whenever, by the terms of any ordinance, a bond is required to protect the Village or any other person against loss because of the fault or default of a licensee, no license shall be issued until a bond in the full amount specified and in form approved by the Village Counsel has been filed with the Village Clerk and the fact of its filing, the amount of its coverage and the date of its expiration has been noted on the license.
C.
Every license issued shall be signed by the Mayor and countersigned by the Village Clerk. The Village Clerk shall keep a record of each license issued, including the number and date of issuance of the license, the expiration date and purpose for which it is granted and the amount of the fee paid therefor.
Each license shall specify the purpose and length of time for which it is granted and when it shall expire. All licenses are issued on an annual basis and shall expire on the 31st day of July each year unless a different expiration date is set forth in a specific section of the Code. The precise date of expiration shall be clearly marked upon each temporary license. Licenses not renewed within one year from the date of issuance will be subject to an additional twenty-five-dollar penalty for every 30 days past the expiration date.
Each licensee shall display the license in a conspicuous place at his place of business; however, when the licensee does not have a fixed place of business, he shall carry the license upon his person at all times while engaged in the licensed activity. Any licensee shall, upon demand of any person, display the license.
Each person holding a license issued under any provision of this chapter shall notify the Village Clerk in writing of any change of residence or place of business within seven days of such change.
In the event of the denial of an application for a license or a renewal thereof, the Village Clerk shall give written notice thereof to the applicant by registered or certified mail, return receipt requested. The applicant shall have the right to appeal such decision to the Board of Trustees, provided that a notice of appeal is filed, in writing, with the Village Clerk and actually received by the Village Clerk within 10 days from the mailing of the notice denying the application.
The grounds for the suspension or revocation of a license issued pursuant to this chapter are as follows:
A.
A misrepresentation or false statement contained in the application for a license.
B.
Fraud, misrepresentation or false statement made in the course of carrying on any business or activity which is licensed.
C.
The violation of any provision of this chapter or the provisions of this Code or other ordinance or local law or any statute regulating the licensed activity.
D.
Conviction of the licensee of any crime.
E.
Conducting any business activity which is regulated by the provisions of this Code or any other law requiring the license in such a manner as to constitute a breach of the peace or to endanger the health, safety or general welfare of the public.
F.
Any series of occurrences which cumulatively has the effect of disturbing the tranquility of the Village or a part thereof or causes reasonable apprehension of there being a disturbance of such tranquility.
G.
Violation of any stipulation or condition imposed by the Board of Trustees upon the granting or renewal of any such license and/or any stipulation or condition imposed by any Village Board in relation to the use and occupancy of the property.
A.
The Village Clerk may suspend any license granted pursuant to this chapter by the giving of written notice to that effect to the licensee by registered or certified mail, return receipt requested. The Board of Trustees shall promptly hold a hearing concerning the facts and circumstances prompting the suspension and shall continue the suspension of the license for a fixed period of time or reinstate or revoke the license.
B.
Any notice to be given by the Board of Trustees under this chapter shall be deemed to have been duly given when:
(1)
Served personally upon the licensed person or sent by registered or certified mail addressed to his last known address; or
(2)
In the case of a corporate licensee, served personally upon an officer of said corporate licensee or sent by registered or certified mail addressed to an officer thereof at his residence, together with a copy of the notice by ordinary mail to the address of the licensed premises; or
(3)
Served personally upon or sent by registered or certified mail to the agent designated under § 138-3; or
(4)
Served in any manner otherwise specifically provided in this chapter or in any other lawful manner.