3-1-2: DEFINITIONS AND RULES OF CONSTRUCTION:
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2024-07 , passed 2-6-24). The text of the amendment will be incorporated below when the ordinance is codified.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)