TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
LICENSES
SECTION:
3-1-1: Purpose; License Required; Fees; Special Regulations
3-1-2: Definitions And Rules Of Construction
3-1-3: Applications
3-1-4: Investigation
3-1-5: Approval; Disapproval
3-1-6: Appeal Of Denial
3-1-7: License Term; Expiration; Renewal
3-1-8: Licenses Not Assignable; Unlawful Use
3-1-9: License To Be Posted
3-1-10: Building And Premises
3-1-11: Location
3-1-12: Nuisances Prohibited
3-1-13: Investigation And Inspections
3-1-14: Enforcement; Authority
3-1-15: Suspension; Revocation Of License
3-1-16: Reserved
3-1-17: Penalty; Enforcement
3-1-1: PURPOSE; LICENSE REQUIRED; FEES; SPECIAL REGULATIONS:
   A.   Because each commercial establishment located in the Village is a basic part of and affects the physical and economic well being of the Village necessitating services from the Village in the form of building, health and police inspections and other services, and fire inspections by the Bartlett Fire Protection District, such commercial establishments shall in all respects be in full compliance with the provisions contained in this title. This title is designed to provide for the means whereby the Village may render the necessary inspections and services to commercial establishments and commercial activities in order to promote, protect, and safeguard the public health, safety, and welfare of the residents and consumers of the Village and to enable the effecting of an accurate record of commercial establishments located and carrying on commercial activities or commerce within the Village.
   B.   No person shall conduct, engage in, or maintain, operate, carry on, or manage any commercial establishment or activity either by himself or itself, or through an agent, employee, or partner, without first having obtained a license for such activity or commercial establishment. Whenever in this title, or in any Village ordinance, a license or permit is required for the maintenance, operation or conduct of any business or commercial establishment, or for doing business or engaging in any activity or occupation, any person, partnership, joint venture, firm, corporation, limited liability company, trust or other entity shall be subject to such requirement if by himself or itself, or through an employee, partner, joint venture, officer, manager, trustee, or agent, he or it is held forth as being engaged in such business, activity or occupation, or if he or it solicits patronage therefor, actively or passively; or if he or it performs or attempts to perform any part of such business, activity or occupation in the Village.
   C.   A license is required for the maintenance, operation, or conduct of any commercial establishment or activity, and any person, firm, or corporation shall be subject to the requirement, if, by himself or itself, or through an agent, employee, partner, officer, manager of, independent contractor acting on its or his behalf, he or it is held forth as being engaged in the activity or commercial establishment, or if he or it solicits patronage therefor, actively or passively, or if he or it performs or attempts to perform any part of such activity or commercial establishment in the Village.
   D.   Whenever a person engages in more than one licensed business or activity in the Village, or uses any device requiring payment of a license fee, such person shall obtain such business or activity and for each such device. (Ord. 2015-78, 10-6-2015)
   E.   No person shall engage in or conduct the usual operations of any of the businesses, trades or occupations specified in column I of this subsection without first obtaining a license therefor and paying the annual or per event license fee therefor specified in column II of this subsection. Each licensee shall comply with any special regulations for his business, trade or occupation specified in the section numbers listed in column III of this subsection.
 
I
Business, Trade Or Occupation
II 
License Fee 
III
Special Regulations
In This Title
Amusements:
 
Amusement devices
$200.00 per machine per year
Chapter 4
 
Public places of amusement:
 
 
Athletic contests and exhibitions
   $20.00 per day
Chapter 4
 
 
Automobile show
   25.00 per day
 
 
Balloon contest
   10.00 per day
 
 
Carnival, circus or sideshow
   50.00 per day
Chapter 4
 
 
Concert, minstrel or musical entertainment given under canvas
   5.00 per performance
Chapter 4
 
 
Horse or dog show
   25.00 per day
 
 
Jukeboxes
$50.00 per machine per year
 
 
Public dance
   $15.00 per dance
 
 
Public skating rink
   25.00 per year
 
 
Rodeo
   25.00 per day
 
 
Stock or poultry show
   25.00 per day
 
 
Theater (motion picture or dramatic) and cabaret (for each seat contained in the theater)
$25.00 per year plus $5.00 per seat
Chapter 4
Answering service
   $ 50.00 for the first year
Chapter 24
   25.00 per year thereafter
Asian bodywork approach practitioner
   75.00 per year
Chapter 29B
Asphalt plants
   200.00 per year
Chapter 13
Auctioneers
   10.00 per day
Chapter 20
   25.00 per year
Automobile service station
   100.00 per year
Chapter 8
Bakeries and bakery vehicles:
 
Itinerant vendor of bakery products
Each delivery vehicle (see Wholesale food vendor)
   50.00 per year
Chapter 25
 
Retail bakery (see Retail food establishment)
   125.00 per year
Chapter 25
 
Wholesale bakery (see Wholesale food establishment)
   100.00 per year
Chapter 25
Banking institutions
   50.00 per year
Barbershops
$50.00 per year plus $10.00 per year for each chair in excess of 1
Chapter 23
Billiard and pool halls
$300.00 per year plus $25.00 per table per year (if in conjunction with liquor license, $25.00 per table per year)
Chapter 4
Bodywork approach establishment
   $200.00 per year
Chapter 29B
Bodywork approach practitioner
   50.00 per year
Chapter 29B
Bowling alleys
$20.00 per alley per year
Chapter 4
Brokers (other than real estate and insurance)
   $50.00 per year
Bus service companies
$100.00 per year plus $50.00 per bus per year
Chapter 12
Catering services and establishment:
Chapter 25
 
Service location or establishment
   $100.00 per year
Central station
   50.00 for the first year
   25.00 per year thereafter
Chapter 24
Community antenna television system
5 percent of the annual gross revenues during the franchise term
Confectionery stores
   $125.00 per year
Chapter 25
Contractors:
 
General contractor
   100.00 per year
 
Subcontractors
   50.00 per year
Day nursery/nursery school
   50.00 per year
Dealer - precious metals:
Chapter 17
 
Itinerant dealer
   50.00 per week
 
Precious metal dealer
   250.00 per year
Delicatessens (see Retail food establishment)
   140.00 per year
Dogs
   2.00 per year
Title 5, chapter 2
Dry cleaning establishment (self- service coin operated):
 
For each dry cleaning machine up to and including the first 10 machines
 
For each machine in excess of 10 maintained on the premises
Dry cleaning plant:
Chapter 5
 
Not over 10 employees
   50.00 per year
 
11 - 15 employees
   60.00 per year
 
16 - 35 employees
   70.00 per year
 
36 - 60 employees
   80.00 per year
 
Each additional employee over 60
   1.00
Dry cleaning retail outlet
   25.00 per year
Chapter 5
Factories:
Chapter 14
 
  1 -  9 employees
   100.00 per year
 
10 - 25 employees
   200.00 per year
 
26 or more employees
   300.00 per year
Fish markets (see Retail food establishment)
   125.00 per year
Chapter 25
Florists
   75.00 per year
Food delivery vehicles and food dispensers
   150.00 per year
Chapter 25
Food vending machines, coin operated:
Chapter 25
 
$0.01 machine
     2.00 per year
 
$0.05 machine
   5.00 per year
 
$0.10 - $1.00 machines
   10.00 per year
Fruit and vegetable stands (see Retail food establishment):
Chapter 25
 
Permanent
   100.00 per year
 
Seasonal
   75.00 per year
Game rooms:
 
Class A
   50.00 per year
Chapter 4
 
Class B
   100.00 per year
Chapter 4
 
Class C
   150.00 per year
Chapter 4
 
Class D
   200.00 per year
Chapter 4
Garage, yard or rummage sale
No charge
Chapter 21
Garages (public):
Chapter 10
 
Enclosed within a building
   $50.00 per year
 
Not enclosed within a building (see Parking lot)
   50.00 per year
Chapter 10
Gasoline service stations
See Automobile service station
Chapter 8
Gravel pits
   $200.00 per year
Chapter 16
Grocery stores (see Retail food establishment)
   175.00 per year
Chapter 25
Hardware stores and implement dealers
   75.00 per year
Hotels and motels:
 
Per room for each sleeping room used for guests
$150.00 per year plus $5.00 per unit
Chapter 6
Ice cream stores or parlors (retail) (see Retail food establishment)
   $125.00 per year
Chapter 25
Ice cream vendors
   150.00 for the first year
   100.00 per year thereafter
Chapter 30
Itinerant merchants and transient vendors
See Solicitors
Chapter 18
Junk peddlers
See Solicitors
Chapter 18
Laundry (self-service coin operated):
Chapter 5
 
Not exceeding 10 washing machines
   $  50.00 per year
 
Each additional unit
   5.00 per year
Liquefied petroleum gas:
 
Equipment installation
   15.00 per permit
Section 8-5-7
 
Plant
   50.00 per year
Subsection 8-5-3A
 
Storage facility
   50.00 per year
Subsection 8-5-3B
Liquor sales:
Chapter 3
 
Class A
   $1,250.00 per year
 
Class A extended
   1,600.00 per year
 
Class B
   900.00 per year
 
Class C
   950.00 per year
 
Class C extended
   850.00 per year
 
Class D
   5.00 per year
 
Class F
   1,000.00 per year
 
Class G
   250.00 per year
 
Class H
   850.00 per year
 
Class I
   1,250.00 per year
 
Class J
$100.00 per 2 day special event and $75.00 per 1 day special event
 
Class K
   $200.00 per year
 
Class L
   900.00 per year
 
Class M
$200.00 per year plus $25.00 per amendment to add catered event(s) not included in the initial application
 
Class N
   $2,000.00 per year
 
Class O
$100.00 per year plus $25.00 per additional special use permit per catered event not included in the initial application
 
Class P
   $250.00 per year
Lumberyards and lumber storehouses
   50.00 per year
Machine shops:
Chapter 14
 
1 - 10 employees
   150.00 per year
 
More than 10 employees
   300.00 per year
Massage establishment
   100.00 per year
Chapter 29A
Meat dealers and meat markets (see Retail food establishment)
   125.00 per year
Chapter 25
Milk products and milk:
Chapter 25
 
Dealer (see Retail food establishment)
   100.00 per year
 
For each vehicle used in delivery or sale (see Peddlers or Wholesale food vendor)
   50.00 per vehicle
 
Processing or bottling plant
   200.00 per year
Mining operations
   200.00 per year
Chapter 16
Mobile home park
   50.00 per year
Chapter 27
Modified central station
   50.00 for the first year
   25.00 per year thereafter
Chapter 24
Motor vehicle repair establishments:
 
1 employee
   20.00 per year
 
2 employees
   25.00 per year
 
3 employees
   30.00 per year
 
4 employees
   35.00 per year
 
5 employees
   45.00 per year
 
6 or more employees
   60.00 per year
Parking lot
   50.00 per year
Chapter 9
Pawnbroker
   50.00 per year
Peddlers
See Solicitors
Chapter 18
Public garages
See Garages (public)
Chapter 10
Quarry, gravel pits, mining operations
   $200.00 per year
Chapter 16
Radio and TV sales and service
   50.00 per year
Raffles
   5.00 per year
Chapter 19
Redi mix plants
   200.00 per year
Chapter 15
Restaurant:
 
Itinerant food establishment
   25.00 per application
 
Service accommodation for 100 or fewer seating capacity
   150.00 per year
 
Service accommodation for 100 or more seating capacity
   200.00 per year
Retail food establishment:
 
Delicatessen
   140.00 per year
Chapter 25
 
Food sales, retail
   150.00 per year
Chapter 25
 
Grocery
   175.00 per year
Chapter 25
 
Ice cream store (including all ice cream products)
   125.00 per year
Chapter 25
Scavengers
   250.00 per year per vehicle
Chapter 26
Secondhand dealers (antique, etc.)
   50.00 per year
Chapter 17
Solicitors:
Chapter 18
 
Commercial
$7.50 per day per person
$37.50 per week per person
$75.00 per month per person
$150.00 per year per person
 
Registration:
 
 
Charitable
   $  10.00 per person
 
 
Commercial
   10.00 per person
 
 
Newspaper
   10.00 per person
Stables
   300.00 per year
Chapter 7
Taxicabs
$50.00 per year plus $25.00 per operator per year
Chapter 11
Tobacco dealers:
 
Cigarettes, vending machines
$25.00 per machine per year
 
Retail - over the counter
   $50.00 per year
 
Wholesale tobacco dealers
$250.00 per year plus $25.00 for each vehicle used in Bartlett
Trailer coach park
   $50.00 per year
Chapter 27
Vending machines:
 
Beverage
$10.00 per machine per year
 
Food - candy, nut, gum
$10.00 per machine per year
Chapter 25
Video gaming terminal
$250.00 per terminal per year (5-1-2017 - 4-30-2018) or for first year of operation
Chapter 31
$500.00 per terminal per year (5-1-2018 - 4-30-2019) and for each year thereafter
Wholesale food establishment:
 
Baker
   $100.00 per year
 
Food vendor (each vehicle)
   50.00 per year
All other special commercial establishments not specified:
Chapter 28
0 - 1,000 square feet
   50.00 per year
1,001 - 5,000 square feet
   100.00 per year
5,001 - 10,000 square feet
   150.00 per year
10,001 - 20,000 square feet
   200.00 per year
20,001 - 30,000 square feet
   300.00 per year
30,001 square feet and over
   400.00 per year
 
(Ord. 2015-78, 10-6-2015; amd. Ord. 2017-19, 3-7-2017; Ord. 2017-107, 8-15-2017; Ord. 2018-08, 2-6-2018, eff. 2-6-2018; Ord. 2018-118, 10-16-2018; Ord. 2019-38, 4-16-2019)
3-1-2: DEFINITIONS AND RULES OF CONSTRUCTION:
The following words and terms shall have the meanings set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meanings indicated by common dictionary definition.
ALARM BUSINESS: See Chapter 24 of this title.
ALARM USER: See Chapter 24 of this title.
AMPLIFIER: Any device which amplifies or magnifies sound.
AMUSEMENT DEVICE, GAME ROOM: See Chapter 4 of this title.
APPLICANT: The individual owner of a sole proprietorship; each general and limited partner of a partnership; each joint venturer of a joint venture; each director and officer of a corporation, and except for publicly traded corporations, each shareholder that owns twenty five percent (25%) or more of said corporation's stock; each manager and each member of a limited liability company that owns twenty five percent (25%) or greater membership interest in said limited liability company.
ASIAN BODYWORK APPROACH: See Chapter 29B of this title.
ASPHALT PLANT: A plant or facility which produces or makes or processes asphalt or bituminous concrete.
AUCTION/AUCTIONEER: One who engages in the public sale of property to the highest bidder.
AUTOMOBILE SERVICE STATION: Any place of business where gasoline, or any highly volatile fuel for motor vehicles or internal combustion engines is sold or offered for sale at retail, and dispensed into fuel tanks of such motor vehicles, or any place of business where motor vehicles are repaired. This definition shall include also the private storage and dispensing of such products for the same purpose as that served by a service station, whether the storage is maintained for the use or benefit of the owner, lessee, agents or employees of either, or any others (nonbusiness stations).
BARBERSHOP: Any building, room, place or establishment wherein is carried on the occupation of shaving or trimming beards or cutting and dressing the hair of patrons for money or other consideration.
BODYWORK APPROACH ESTABLISHMENT: See Chapter 29B of this title.
BUS: Every motor vehicle, other than a commuter van, designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
BUS SERVICE: The business or occupation of providing buses for compensation.
CATERING SERVICE: The service of providing food or beverages for private residents and business establishments. See also chapter 3 of this title when alcoholic beverages are proposed to be served.
COMMERCIAL ESTABLISHMENTS: Includes the following activities of commerce or commercial activity located in the village:
   A.   Food Establishment: A building or premises or a portion thereof the principal use of which is for the sale or dispensing or distribution or serving or storage of food, foodstuff, or drink for consumption on or off the premises or in or out of the building.
   B.   Retail Sales Establishment: A building or premises or portion thereof the principal use of which is for the retail sale or distribution of merchandise, goods or chattel not included with or related to the sale of material goods or chattel or the provision of services of food establishments or service establishments.
   C.   Service Establishment: A building or premises or a portion thereof the principal use of which is for the rendering of personal or material services to consumers for profit, including, but not limited to, the wholesale distribution, or storage of material goods or chattel, the sale or servicing or storage of motor equipment, the washing or cleaning or dyeing or repair of fabrics of wearing apparel or footwear on the premises, the storage or assembly or distribution or servicing or repair of building materials or electrical equipment or mechanical equipment, the storage or distribution of fuels or petroleum products, the services of printing or blueprinting or photocopying or multilithing or publishing or duplicating or similar reproduction services, the provision of facilities for a hotel or motor hotel or apartment hotel or similar structure housing facilities for the transient or permanent guests or persons, the provision of facilities for instruction or training or participation in or presentation of the fine arts or athletic skills or dexterity of physical skills or dexterity.
   The term "commercial establishment" shall not include:
   A.   A "home occupation" as defined in title 10, chapter 2 of the Bartlett zoning ordinance;
   B.   A governmental unit;
   C.   A public utility or cable television company which is subject to regulation by the federal communications commission or the state commerce commission and which operates in the village pursuant to a franchise agreement with the village.
   D.   A massage establishment which shall be governed by chapter 29A of this title, except for the fees therefor repeated in section 3-1-1 of this chapter.
   E.   A bodywork approach establishment, bodywork approach practitioner and Asian bodywork approach practitioner which are governed by chapter 29B of this title, except for the respective fees therefor which are repeated in section 3-1-1 of this chapter.
CONVICTION: A plea of guilty or nolo contendere, finding of guilty, jury verdict or entry of judgment by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge or first offender probation under the laws of any jurisdiction of the United States.
DRY CLEANING ESTABLISHMENT: A place where there is kept or used more than two (2) quarts of naphtha, benzine, carbon tetrachloride, or any other volatile inflammable liquids or other solvents customarily used in the dry cleaning industry.
FACTORY: A building or group of buildings, usually with equipment, used for the manufacture of goods.
FLOOR AREA: The sum total of the gross horizontal areas of the several floors of a building and its accessory buildings in square feet from the exterior walls or from the centerline of party walls separating two (2) buildings or business establishments on each of the respective floors and includes the basement floor, cellar floor, elevator shafts and stairwells at each floor, floor space used for mechanical equipment, whether open or enclosed. In computing such floor area, there shall not be included open area devoted to vehicular parking or loading or storage of materials.
FLORIST: Any person engaged in the business of selling flowers, shrubs or ornamental plants at retail.
FOOD ESTABLISHMENTS: Any place where food, food products, drinks or beverages are manufactured, processed, packaged, stored or sold for consumption, on or off the premises. The term shall include, without limitation, bakeries, delicatessens, groceries, meat, fish or poultry markets, confectioneries, fruit and vegetable shops, food or drink processing plants, package food or drink stores or warehouses and other similar food establishments.
GAME ROOM: See Chapter 4 of this title.
GARBAGE: Refuse, animal or vegetable matter, trash, rubbish or junk.
GRAVEL PITS: A place where gravel, sand, clay, dirt or other materials are mined, excavated or otherwise removed from the earth.
ITINERANT FOOD ESTABLISHMENT: One operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
ITINERANT JUNK DEALER: Any person who goes to any premises in the village, with or without a prior appointment or prearrangement with the occupant of such premises, or goes upon any public street, sidewalk or other property owned by the village, to sell, offer for sale, or to buy, purchase, barter or exchange, or to take orders for the present or future same premises for the public or for the occupants of such automobiles.
PARKING LOT: Any place maintained for the outdoor parking of cars, except streets, alleys or other public places, where such parking is permitted upon the payment of compensation or is made available to patrons or customers of any place of business.
QUARRY: An open excavation, usually for obtaining gravel, building stone, slate or limestone.
RAFFLES: See Chapter 19 of this title.
REDI MIX PLANT: A place where cement is mixed with water and other materials to produce concrete.
RESTAURANT: A food establishment where any kind of food or drink is prepared and served to the public for consumption on the premises. The term shall include restaurants, ice cream parlors, lunchrooms, tearooms, lunch stands, box lunch deliveries, cafeterias and retail drugstores serving counter lunches and drinks, caterers and industrial food servers dispensing food or drinks to office personnel or employees of an industrial plant.
RESTAURANT, ITINERANT: A restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
RETAIL SALES ESTABLISHMENT: A building or premises or portion thereof the principal use of which is for retail sale or distribution of material goods or chattel.
SCAVENGER: One who is engaged in the business or occupation of collecting garbage.
SECONDHAND STORE: A store or place of business which sells used or previously owned merchandise including, without limitation, antiques.
SERVICE ESTABLISHMENT: A building or premises or portion thereof the principal use of which is for the rendering of personal or material services for profit.
STABLE: A business where horses, ponies, donkeys, mules or other animals ordinarily used for riding are kept, boarded or otherwise maintained for public hire, or for any remuneration.
TAXICABS: Any vehicle used to carry passengers for hire but not operating a fixed route and shall include livery cabs.
TRAILER COACH PARK: See Chapter 27 of this title.
The term "person" as used in this chapter shall include sole proprietorships, partnerships, joint ventures, corporations, limited liability companies, trusts, and all other business associations, firms or entities.
The masculine pronoun shall be construed to include the feminine and the neuter, and the singular pronoun shall be construed to include the plural. (Ord. 2015-78, 10-6-2015)
3-1-3: APPLICATIONS:
   A.    Applications for all licenses required by this chapter shall be made to the village clerk or her designees in writing on a form prepared by the village.
   B.   If the applicant is an individual (sole proprietorship), the application shall contain his name, date of birth, driver's license number and state of issuance, residential address, residential telephone number, business address, business phone number, and website address (if any). If the applicant is a partnership, joint venturer, or other noncorporate business entity, the application shall contain the name, date of birth, driver's license number and state of issuance, residential address and residential telephone number of each partner, joint venturer, principal, or member. If the applicant is a corporation, the application shall contain the name, date of birth, and residential address of each principal officer and the registered agent thereof. If the applicant is a limited liability company, the application shall contain the name, date of birth and residential address of each manager.
   C.   Each application shall be under oath and also shall contain:
      1.   Applicant's name, including any business or assumed name used or proposed to be used by applicant.
      2.   A brief description of the nature of applicant's business and the goods to be sold or services to be rendered by applicant.
      3.   A designation of the type or kind of license desired.
      4.   The location or proposed location of the commercial establishment or activity to be conducted and the phone number and website address (if any) of the commercial establishment.
      5.   The period of time for which the license is requested.
      6.   The date, or approximate date, of the latest previous application for license under this code, if any.
      7.   The names of all other cities and villages in which the applicant has been licensed or has been denied a license within the past three (3) years.
      8.   Applicant's business addresses for the previous three (3) years and the number of the certificate of registration for the commercial establishment required under the retailers' occupation tax act 1 , service occupation tax act 2 , and/or use tax act 3 , if applicable.
      9.   The applicable fee to be paid.
      10.   Such additional information as may be needed for the proper guidance of village officials in the evaluation of such application, including, but not limited to:
         a.   Proof of any insurance policy or bond if required.
         b.   Identity of management employees and their position with the applicant.
         c.   Applicants' businesses in other communities.
         d.   Whether the applicant has ever had a previous license denied, revoked, or suspended.
         e.   Whether the applicant has ever voluntarily withdrawn a license or application for a license during or pending an investigation for the suspension or revocation of that license.
         f.   Whether the applicant: 1) has ever been convicted of a felony; 2) has ever been convicted of a misdemeanor involving injury to a person or property within the past ten (10) years; or 3) has been convicted of a misdemeanor involving theft or deception an essential element of which is dishonesty, within the past five (5) years, under the laws of the state, or any other state, or the laws of the United States, and if so, a detailed description of such felony or misdemeanor.
         g.   Whether the applicant has ever been found guilty of a violation of any of the provisions of this code or the substantially identical provisions of the ordinance of any other municipality and if so, a detailed description of such violation.
         h.   Whether any complaint against the applicant, or any entity represented by him, to the consumer fraud division of the attorney general's office has resulted in a finding that the consumer fraud laws of the state have been violated.
         i.   If the applicant is a corporation, the information requested in the foregoing subsections C10f through C10h of this section, all inclusive, must be furnished for each officer and director, and for each shareholder who owns or controls, directly or indirectly through any other person or entity, twenty five percent (25%) or more of the outstanding stock of such corporation.
         j.   If the applicant is a limited liability company, the information requested in the foregoing subsections C10f through C10h of this section, all inclusive, must be furnished for each manager and for each member who owns or controls, directly or indirectly, through any other person or entity, twenty five percent (25%) or more membership interest in the limited liability company.
         k.   If the applicant is a limited partnership, the information requested in the foregoing subsections C10f through C10h of this section, all inclusive, must be furnished for each general partner, and names and addresses for all limited partners shall be listed, indicating which partners are general and which are limited.
         l.   If the applicant is a joint venture, the information requested in the foregoing subsections C10f through C10h of this section, all inclusive, must be furnished for each joint venturer.
         m.   If the applicant is a partnership or joint venture and any partner is a corporation or limited liability company, the information requested in the foregoing subsection C10i or C10j of this section shall be submitted for each such entity.
         n.   If the applicant is a corporation or limited liability company, proof of corporate good standing from the applicable secretary of state.
         o   If the applicant is employed by, or represents another person or entity, credentials evidencing such employment, agency or authorization to represent such person or entity shall be submitted with the application.
         p.   If the premises of the commercial establishment are owned by the applicant, the applicant shall furnish a copy of the deed to the property where the commercial establishment is or will be located. If the premises of the commercial establishment are not owned by the applicant, the applicant shall furnish a copy of the commercial lease or license agreement signed by the owner of the property or the landlord's agent and by the person or commercial establishment applying for the business license (with rental amount and any proprietary information redacted). (Ord. 2015-78, 10-6-2015)
3-1-4: INVESTIGATION:
   A.   Where this chapter requires or when it is deemed reasonably necessary or appropriate, an investigation or inspection by any department or official of the village before the issuance of a license, and requires the approval of such department or official regarding the property location or condition of the premises in which the commercial establishment or activity for which a license is applied is to be managed, conducted, operated, or carried on, or regarding the condition and nature of the equipment and methods intended to be used by the applicant in such activity or commercial establishment, the village clerk shall transmit to the appropriate official or department such information necessary for the required investigation or inspection.
   B.   If it shall appear to the village 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 village clerk.
   C.   The designated official or department in a reasonable time after receiving a copy of the application:
      1.   Shall make all necessary investigations and inspections, and the results thereof shall be reported in writing to the village clerk; and
      2.   Shall indicate on the application a recommendation for the approval or disapproval thereof. (Ord. 2015-78, 10-6-2015)
3-1-5: APPROVAL; DISAPPROVAL:
   A.   If, after due consideration of the information contained within the application and related investigative and inspections reports, the village clerk determines that the applicant meets the standards set forth, the village clerk shall approve the application. The village clerk shall notify the applicant that the application has been approved and shall issue a license. All licenses shall be subject to the provisions of this code which may be in force at the time of the issuance thereof or which may subsequently be passed by the village board of trustees.
   B.   If, after due consideration of the information contained within the application and related investigative and inspection reports, the village clerk determines that matters concerning the application are unsatisfactory, the village clerk shall disapprove the application, indicating the reasons therefor. Thereupon, the village clerk shall notify the applicant that the application has not been approved and that no license will be issued and the license fee paid shall be refunded. (Ord. 2015-78, 10-6-2015)
3-1-6: APPEAL OF DENIAL:
   A.   Any person aggrieved by the decision of the village clerk in regard to the denial of an application for a business license, as provided in this chapter, shall have the right to appeal to the village president. Such appeal shall be taken by filing with the village clerk within five (5) days after notice of a denial of an application, a written statement under oath setting forth specifically the grounds for appeal. The village president shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in subsection 3-1-15D of this chapter. The decision of the village president on such appeal shall be final.
   B.   The acceptance of the license, upon reversal by the village president, shall constitute a waiver of all claims against the village, the village clerk, or any other officer or employee, arising out of the original refusal to issue the license. The burden shall be upon the applicant to show wherein the village clerk has failed to meet the standards set forth in this section. (Ord. 2015-78, 10-6-2015)
3-1-7: LICENSE TERM; EXPIRATION; RENEWAL:
   A.   All annual licenses shall commence on May 1 each year. No license shall be granted for a period longer than one year. Except where otherwise provided herein, every license shall expire on April 30 following the date of issuance. Applications received for new licenses between March 1 and April 30 of each year shall be issued licenses for the ensuing year.
   B.   The village clerk shall endeavor to notify each annual licensee of the expiration of time of the license held by the licensee at least twenty one (21) days prior to such expiration date; provided, that a failure to make such notification or the licensee's failure to receive it, shall not relieve the licensee from the obligation to obtain a new license or renewal.
   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. (Ord. 2015-78, 10-6-2015)
3-1-8: LICENSES NOT ASSIGNABLE; UNLAWFUL USE:
   A.   No license may be assigned, sold, loaned, transferred, used as collateral, or otherwise encumbered. No person, firm, or corporation shall use or display any license, certificate, plate, tag, badge, or sticker which has been improperly acquired.
   B.   No person, firm, or corporation shall alter, deface, forge, or counterfeit any license, certificate, plate, tag, badge, or sticker issued by the village. (Ord. 2015-78, 10-6-2015)
3-1-9: LICENSE TO BE POSTED:
   A.   It shall be the duty of any person conducting a licensed commercial establishment or activity in the village to keep his license displayed at all times in a prominent place on the premises used for such commercial establishment or activity.
   B.   No person shall destroy, obliterate, take, remove, or carry away without the consent of the owner any license, certificate, plate, or sticker which has been discontinued or the licensed premises have been abandoned. Nothing herein shall prevent the village clerk or his or her duly authorized representative from removing any license, certificate, plate, or sticker from the possession of a former licensee, the premises, any vehicle, or any machine when said license has been revoked under the provisions of this chapter.
   C.   In addition to the posting of licenses, unattended service oriented businesses, such as coin operated laundries and car washes, are required to display a sign that properly informs their customers of the appropriate telephone number to contact in case of emergency situations. The sign displaying the telephone number shall be conspicuous, unobstructed, permanent in nature, and contained in a heavy plastic type framing device securely mounted to the wall. (Ord. 2015-78, 10-6-2015)
3-1-10: BUILDING AND PREMISES:
No license shall be issued for any commercial establishment or activity if the premises and building to be used do not fully comply with all applicable ordinances and regulations of the village and the state. (Ord.    2015-78, 10-6-2015)
3-1-11: LOCATION:
No license for the operation of a commercial establishment or activity in the village shall be construed to permit its operation in more than one location in the village. A separate license shall be required for each location. For the purpose of this chapter, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses shall be:
   A.   Connected or shall be located on the same lot or zoning lot;
   B.   Operated and managed by the same person or owner; and
   C.   An establishment with the same classification. (Ord. 2015-78, 10-6-2015)
3-1-12: NUISANCES PROHIBITED:
   A.   No commercial establishment, or activity whether or not licensed, shall be so conducted or operated as to constitute a nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof shall be used, kept, maintained, or operated in connection with any business so as to occasion any nuisance, or otherwise threaten the public health, safety, morals, or welfare. Any charge of conducting or operating a nuisance may be made under this chapter or under the provisions of any other village ordinance.
   B.   No building or structure, utilized, constructed, or maintained in connection with any commercial establishment or activity shall evidence an unsanitary, unsafe or any other dangerous or unlawful condition. (Ord. 2015-78, 10-6-2015)
3-1-13: INVESTIGATION AND INSPECTIONS:
   A.   Whenever an investigation or a hearing pursuant to this chapter by any department or official of the village requires additional information from the licensee, the licensee shall be given written notice by the village of what additional information from the licensee is required, and the licensee shall fully and completely comply with that request.
   B.   Whenever inspections of the premises used for or in connection with the operation of a licensed commercial establishment or activity 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 village or to detect violations 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 village who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
   C.   Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of this chapter or any ordinance or regulations, 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 village requesting the same sufficient samples of such material or commodity for such analysis upon official request. (Ord. 2015-78, 10-6-2015)
3-1-14: ENFORCEMENT; AUTHORITY:
The village administrator shall take all necessary and appropriate action to compel compliance with the regulatory provisions of this chapter. All municipal employees duly authorized and acting as license inspectors shall be conservators of the peace with police powers for the purpose of enforcing the provisions of this chapter and other village ordinances relating to the licensing of commercial establishments and activities and their regulations. (Ord. 2015-78, 10-6-2015)
3-1-15: SUSPENSION; REVOCATION OF LICENSE:
   A.   Suspension Of Business Operations:
      1.   When the conduct or operation of any commercial establishment or activity whether licensed or unlicensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, the village administrator shall be authorized to summarily order the cessation of business and the closing of the premises for a period not to exceed ten (10) days.
      2.   Unless: a) waived by the affected business; or b) the nuisance is substantially abated in the opinion of the village administrator and the business is allowed to resume and reopen, within eight (8) days after a license or permit is summarily suspended by the village administrator, the village president shall call a hearing as provided in subsection D of this section for the purpose of determining whether or not the license or permit should be revoked or further suspended.
   B.   Revocation Of License:
      1.   Licenses issued by the village may be suspended for up to thirty (30) days or revoked in addition to any fine imposed by the village president after notice and hearing as provided in subsection D of this section for any of the following causes:
         a.   Any fraud, misrepresentation, or false statement contained in the application for the licensee;
         b.   Failure by the applicant to comply with any provision of this code or any statutes of the state relating to the business, occupation, or activity of the license;
         c.   Conviction of the applicant of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest, and legitimate business operation within the village;
         d.   Failure of the licensee or permittee to pay any fine, penalty, or charge owed to the village;
         e.   Any deceptive trade practices as defined by state or federal law or regulation and shall comply with any applicable laws and regulations regarding consumer protection and deceptive trade practices;
         f.   Compliance with all village zoning, building, fire and health codes, and ordinances, as well as all other applicable village codes, ordinances, rules, and regulations and the premises shall be maintained in good repair, free of litter and debris and kept in a safe condition for employees, customers, and other persons present therein or thereon;
         g.   Any other violation of any village ordinance, resolution, or regulation; or
         h.   Refusal to permit an inspection or sampling or any interference with a duly authorized village officer or employee while in the reasonable performance of his duties in making such inspections.
   C.   Ordered Revocation: Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this chapter or other ordinances of the village. No person whose license has been revoked shall be eligible for a new license during the period for which the original license was originally issued.
   D.   Hearing Procedures:
      1.   Notice:
         a.   Notice of a hearing shall set forth specifically the grounds of the complaint and the time and place of the hearing.
         b.   Such notice shall be served by certified mail (return receipt requested) and regular mail, or by personal service by the applicable county sheriff or Bartlett police officer or special process server, to the licensee at his last known residence or business address, at least five (5) days prior to the date set for the hearing.
         c.   If the licensee shall request a continuance in the date of the hearing, any suspension in effect shall be continued until the continued hearing date.
         d.   All pleadings, motions, notices, and orders shall be filed with the village clerk.
      2.   Procedural Rules:
         a.   Prior to the beginning of any hearing, the village president may adopt additional procedural rules as may be necessary for that hearing.
         b.   At the hearing, the licensee shall be permitted counsel and shall have the right to respond, present evidence, and cross examine witnesses.
         c.   All proceedings shall be stenographically or electronically recorded.
         d.   Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the circuit courts of the state shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record.
         e.   No discovery procedure shall be used prior to a hearing except by leave of the village president who shall supervise all or any part of any discovery procedure.
         f.   The standard for proof for hearings shall be by the preponderance of the evidence.
         g.   The village president shall preside and render the decision within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
      3.   Hearing Costs:
         a.   Any licensee whose license is suspended or revoked, or a business that operates without a license shall pay to the village the costs of the hearing before the village president. The village president shall determine the costs incurred by the village for said hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing the mailing or serving notices and orders, and all other miscellaneous expenses incurred by the village or such lesser sum as the village president may allow.
         b.   The licensee shall pay said costs to the village within thirty (30) days of notification of the costs by the village president. Failure to pay said costs within thirty (30) days of notification is a violation of this section and may be cause for license suspension or revocation, or the levy of a fine. (Ord. 2015-78, 10-6-2015)
3-1-16: RESERVED:
(Ord. 2015-78, 10-6-2015)
3-1-17: PENALTY; ENFORCEMENT:
   A.   In addition to the suspension and revocation provisions above, any person, firm, or corporation convicted of violating any provisions of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00). A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
   B.   Whenever a person, corporation, limited liability company, partnership, joint venture, firm and/or other entity violates any of the provisions of this chapter, the village may cause appropriate legal actions and proceedings, in law or in equity, to be instituted and maintained to enforce compliance herewith. (Ord. 2015-78, 10-6-2015)

 

Notes

1
1. 35 ILCS 120/1 et seq.
2
2. 35 ILCS 115/1 et seq.
3
3. 35 ILCS 105/1 et seq.