As used in this chapter, unless the context
otherwise indicates, the following terms, phrases and words shall
have the meanings indicated:
LICENSE OR LICENSEE
Includes, respectively, the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or the portions of this Code enumerated in §
171-3B or other law or ordinance.
PREMISES
Includes all lands, structures, places and also the equipment
and appurtenances connected or used therewith in any business, and
also any personal property which is either affixed to or is otherwise
used in connection with any such business conducted on such premises.
For the purpose of this chapter, any person
shall be deemed to be in business or engaging in a nonprofit enterprise,
and thus subject to the requirements of this chapter, when he or she
commits one act of:
A. Selling any goods or service.
B. Soliciting business or offering goods or services
for sale or hire.
C. Acquiring or using any vehicle or any premises in
the Village for business purposes.
Every person required to procure a license under
the provisions of this chapter shall submit a formal application which
shall include an affidavit and be sworn to by the applicant before
a notary public of this state.
Every application for a license required by this chapter shall require the disclosure of all information necessary to show that the applicant meets the requirements of §
171-10 and of any other information which the Village license officer shall find to be reasonably necessary to the fair administration of this chapter and the other portions of this Code enumerated in §
171-3B.
Every application for a license required by
this chapter shall be accompanied by the full amount of the fees chargeable
for such license.
The Village license officer shall keep all information furnished or secured under the authority of this chapter and the portions of this Code enumerated in §
171-3B in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of the provisions specified in the first sentence of this section.
The agents or other representatives of nonresidents
who are doing business in this Village shall be personally responsible
for the compliance of their principals and of the businesses they
represent with this chapter.
The Village license officer shall collect all
license fees and shall issue licenses required by this chapter in
the name of the Village to all persons qualified under the provisions
of this chapter and shall:
A. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter or the portions of this Code enumerated in §
171-3B;
B. Adopt all forms and prescribe the information to be
given therein as to the character of the applicant and other relevant
matters for all necessary papers for licenses required by this chapter;
C. Require applicants for licenses required by this chapter to submit all affidavits and oaths necessary to the administration of this chapter and the portions of this Code enumerated in §
171-3B;
D. Submit all applications for licenses required by this
chapter, in a proper case, to interested Village officials for their
endorsements thereon as to compliance by the applicant with all Village
regulations which they have the duty of enforcing;
E. Investigate and determine the eligibility of any applicant
for a license required by this chapter as prescribed in this chapter;
F. Examine the books and records of any applicant for a license required by this chapter or any licensee when reasonably necessary to the administration and enforcement of this chapter and the portions of this Code enumerated in §
171-3B; and
G. Notify any applicant for a license required by this
chapter of the acceptance or rejection of his or her application and
shall, upon refusal by the license officer of any license or permit,
at the applicant's request, state in writing the reasons therefor
and deliver them to the applicant.
Whenever a license required by this chapter cannot be issued at the time the application for the same is made, the Village license officer shall issue a receipt to the applicant for the money paid in advance, subject to the condition that such receipt shall not be construed as the approval of the Village license officer for the issuance of a license; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter or the portions of this Code enumerated in §
171-3B.
The applicant for the renewal of a license shall
submit an application for such license to the Village license officer.
The application shall:
A. Be a written statement upon forms provided by the
Village license officer and include an affidavit to be sworn to by
the applicant before a notary public of this state.
B. Require the disclosure of such information concerning
the applicant's demeanor and the conduct and operation of the applicant's
business during the preceding licensing period as is reasonably necessary
to the determination by the license officer of the applicant's eligibility
for a renewal license and to a possible adjustment of the license
fee.
The license officer shall, upon disapproving
any application for a license required by this chapter, refund all
fees paid in advance.
When the issuance of a license required by this
chapter is denied and any action is instituted by the applicant to
compel its issuance, such applicant shall not engage in the business
for which the license was refused unless a license is issued to him
pursuant to a judgment ordering the same.
License fees for licenses required by this chapter shall be in the amounts set forth in this chapter, and as further determined for each business as regulated by the portions of this Code enumerated in §
171-3B.
The license officer shall make adjustments in
fees for licenses required by this chapter as follows:
A. Change in license status. Require the payment of an additional or higher license fee, to be prorated for the balance of the license period, when a licensee places himself in such status under this chapter or the portions of this Code enumerated in §
171-3B by:
(1) Augmenting the volume of business done by him.
(2) Expanding the size of the business, plant or premises.
(3) Increasing the number or size of his or her vehicles.
(4) Making any other lawful and material change of any
kind in his or her business.
B. Prorated fee for new business. Prorate for the balance
of any license period the license fee of any business commenced after
the beginning of the license period.
Each license required by this chapter shall
state upon its face the following:
A. The name of the licensee and any other name under
which such business is to be conducted.
B. The kind and address of each business so licensed.
C. The amount of the license fee therefor.
D. The dates of issuance and the expiration thereof.
E. Such other information as the license officer shall
determine.
Every licensee required to be licensed by this
chapter shall:
A. Permit inspection: permit all reasonable inspections
of his or her business and examinations of his or her books by public
authorities so authorized by law.
B. Comply with governing law: ascertain and at all times
comply with all laws and regulations applicable to such licensed business.
C. Operate properly: avoid all forbidden, improper or
unnecessary practices or conditions which do or may affect the public
health, morals or welfare.
D. Cease business: refrain from operating the licensed
businesses or premises after expiration of his or her license and
during the period his or her license is revoked or suspended.
Every licensee required to be licensed by this
chapter shall:
A. For premises, post and maintain his or her license
upon the licensed premises in a place where it may be seen at all
times.
B. For motor vehicles, affix any insignia delivered for
use in connection with a licensed motor vehicle on the inside of the
windshield of the vehicle or as may be otherwise prescribed by the
license officer or by law.
C. For persons, carry such license on his or her person
when he or she has no licensed business premises.
D. Not loan, sell, give or assign to any other person,
or allow any other person to use or display, or to destroy, damage
or remove, or to have in his or her possession, except as authorized
by the license officer or by law, any license or insignia which has
been issued to such licensee.
A licensee shall have the right to change the
location of the licensed business provided he or she shall obtain
written permission from the license officer for such change of location.
Upon written application, or on his or her own
motion, the license officer shall have the authority, in a proper
case, to extend the time for compliance, to grant a new hearing date
and to change, modify or rescind any recommendation or order issued
pursuant to this chapter.
Upon the failure or refusal of the violator to comply with the provisional order issued pursuant to §
171-24A or with any order made after the hearing as provided for in §
171-24D, the license officer shall then declare and make the provisional order final.
The license officer shall have the authority to suspend or revoke licenses required by this chapter upon making and declaring a provisional order final as provided in §
171-26. Upon revocation or suspension, no refund of any portion of the license fee shall be made to the licensee and he or she shall immediately cease all business at all places under such license.
The amount of any unpaid fee required by this chapter or any portion of this Code enumerated in §
171-3B, shall constitute a debt due the Village.