4-1-2: PERSONS SUBJECT TO LICENSE:

Whenever in this chapter 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 or corporation shall be subject to the requirement if by himself or through an agent, employee or partner, he holds himself forth as being engaged in the 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. (1976 Code § 110.003)

4-1-3: APPLICATION FOR LICENSE:

Unless otherwise provided, applications for all licenses and permits required by ordinance shall be made in writing to the village clerk in the absence of provision to the contrary. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the village officials in the issuing of the permit or license applied for. (1976 Code § 110.002; amd. 2003 Code)

4-1-4: FORMS AND SIGNATURES:

Forms for all licenses and permits and applications therefor shall be prepared and kept on file by the village clerk, and 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. (1976 Code §§ 110.004, 110.005)

4-1-5: INVESTIGATION AND ISSUANCE OF LICENSE:

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 within seven (7) days of the time of such receipt. It shall be the duty of every person applying for such license to permit such examination or inspection to be made. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (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 of 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. (1976 Code § 110.006)

Within ten (10) days after receipt of a license application, the village clerk shall issue said license, or notify the applicant, in writing, that said application has been denied and state the reason for denial. (1976 Code § 110.013)

4-1-6: FEES:

In the absence of provision to the contrary, all fees and charges for licenses or permits shall be paid in advance, in cash, cashier's or certified check, at the time application therefor is made to the village clerk. Except as otherwise provided, all license fees shall become a part of the general fund. Annual license fees for the following listed businesses shall be as follows:

 

Business and manufacturing establishments:
With 4 or less employees	$15.00
With 5 or more employees	25.00
Restaurants	25.00
Itinerant restaurants	25.00

 

(1976 Code § 110.007)

4-1-7: LICENSE TERMS:

   A.   All annual business licenses, including liquor licenses, vending machine licenses and video licenses, shall terminate on May 31 of each year and their renewals shall commence on June 1 of each year. (Ord. 10-03-06, 3-15-2010)

   B.   The village clerk shall mail to all licensees of the village a statement of the time of expiration of the license held by the licensee, if an annual license, three (3) weeks prior to the day of such expiration. However, a failure to send out such notice or failure of the licensee to receive it shall not excuse the licensee from a failure to obtain a new license or a renewal therefor, nor shall it be a defense in an action for operation without a license. (1976 Code § 110.008)

4-1-8: CONDITIONS OF LICENSE:

   A.   Posting License: It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. For convenience and to better carry out this requirement, license tags, plates, cards or other evidence may be provided by the village clerk to be carried by the persons licensed, or attached to the vehicle or other article or thing to be used in or about the business so licensed. (1976 Code §§ 110.016, 116.007)

   B.   Building And Premises:

      1.   Building And Zoning Regulations: 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. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the village 1 . (1976 Code § 110.009)

      2.   Sanitary Conditions: It shall be unlawful for any person to maintain, operate or conduct any business or occupation for which a license may be granted hereunder in an unsanitary condition or a condition detrimental to health. An unsanitary condition shall be deemed to exist when any drugs, medicines, foods, beverages or any articles and things intended for or used for human consumption in the process of production, preparation, storing, selling or distribution shall not be securely protected from dust, dirt, flies or other foreign substance or injurious contamination or if refuse, dirt or waste are allowed to accumulate in or about the premises so licensed or measures, containers, utensils or apparatus of any kind or character used in or about the business, so licensed, are not kept clean or if the clothing of operatives or employees in handling or conducting the business is not clean. All businesses or occupations licensed hereunder shall be so conducted as not to be injurious to the health of the public or of the particular individuals engaged in the business or affected thereby. (1976 Code § 116.005; amd. 2003 Code)

   C.   Change Of Location And Assignment: The location of any licensed business or occupation or of any permitted act may not be changed nor any license issued hereunder be assigned without the prior approval of a majority of the members of the parks, license and civic activities committee of the village board of trustees. (1976 Code § 110.010)

   D.   Compliance Required: Any failure on the part of any licensee to comply with the provisions of this chapter shall subject the offender to having the license revoked by the mayor. (1976 Code § 116.008)

   E.   Condition Of Merchandise:

      1.   Tainted, Etc., Prohibited: No person licensed hereunder shall sell, offer for sale or keep for sale any food, condiment, confection, beverage or any article or thing intended for or used for human consumption which is unclean, unwholesome, tainted, putrid, decayed, adulterated, poisonous, infected or in any other manner rendered unsafe and unwholesome for human consumption. For purposes of this chapter, any such article shall be deemed unwholesome for human consumption if the same has been contaminated by flies or other insects, vermin, dust, dirt or other foreign contamination, or if they contain any poisonous or adulterous or injurious ingredient in kind and quantity so as to render same injurious or detrimental to health or if they contain in whole or in part any food product which has not been inspected or any food product which has not passed inspection. (1976 Code § 116.010)

      2.   Merchandise Containing Drugs: No person shall expose for sale, sell or offer for sale to any person, directly or indirectly, any cigars, cigarettes or tobacco containing opium, morphine or any other deleterious or poisonous drug or drugs and it shall be the duty of the persons licensed to sell tobacco to furnish upon such inspection, samples of such products to be analyzed under the direction of the village. (1976 Code § 116.011)

 

Notes

1	1. See title 10 of this code.