(A) Rules and definitions.
(1) This subchapter applies to business establishments or business entities which may or may not have their principal place of business located within the Village of Calumet Park.
(2) Business license fees based upon square foot area are based on the presumption that the services provided by the village to the business licensees are the same regardless of the nature of the activity being conducted within each such commercial space. However, the fee schedule may be based on additional factors other than square foot area of the business establishments. Other fees charged are set out specifically for those activities as identified in division (B)(2) below.
(3) The language set forth in the text of this section shall be interpreted in accordance with the following rules of construction:
(a) The singular number includes the plural and the plural the singular;
(b) The present tense includes the past and future tenses and the future, the present;
(c) The word "shall" is mandatory; the word "may" is permissive;
(d) The masculine gender includes the feminine and neuter;
(e) All measurements are expressed in square feet and shall be to the nearest integral square foot; if a fraction is one-half square foot or more, the integral square foot next above shall be taken;
(f) Any business activity, retail service, manufacturing, wholesale and/or storage, which is conducted within the village whose principal place of business may or may not be located within the village is subject to the provisions of this subchapter; and
(g) A commercial establishment under this subchapter is deemed to be any person, company, firm or partnership, corporation or other legal entity chartered, licensed, incorporated or declared to be in existence for the purpose of making a profit from their activities.
(4) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use of a building located on the same lot with the principal use of the building;
FLOOR AREA. The sum total of the gross horizontal areas of all of the several floors of the building and its accessory buildings measured in square feet from the exterior faces or from the center line of party walls separating two buildings or business establishments on each of the respective floors, and shall include the basement floor, cellar floor, motor vehicle parking space when such space is used in conjunction with a drive-in commercial establishment, and commercial establishments, devoted to the sale, service and/or repair of motor vehicles, floor space used for mechanical equipment, whether open or enclosed, penthouse attic space, balconies, mezzanines, porches and verandas, floor area devoted to and occupied by accessory uses.
FOOD PROCESSING ESTABLISHMENT. A commercial establishment in which food is processed, prepared, packaged or distributed for human consumption. This does not include a food service establishment or a retail food store.
FOOD SERVICE ESTABLISHMENT. Any place where food that is intended for individual service and consumption is routinely provided completely prepared. The term includes any such place, regardless of whether consumption is in, on or off the premisses and regardless of whether there is a charge for the food. The term does not include a private home where food is prepared for individual family consumption and it does not include the location of food vending machines or retail food store that does not cook or combine ready-to-eat potentially hazardous foods for human consumption.
FOOD SERVICE ESTABLISHMENT, TEMPORARY. Any food service establishment which operates for a temporary period of time not to exceed two weeks in connection with a fair, carnival, circus, public exhibition or similar transitory gatherings.
MANUFACTURING BUSINESSES. Any activity where a product is produced for distribution to any wholesale, retail or service business.
OFFICE. Any service performed or rendered, whether for profit, control or nonprofit. Common uses found in this definition shall include, but not necessarily be limited to the following activities:
1. Insurance, real estate, financial institutions, finance companies and other similar business and professional offices;
2. Medical clinics, doctors, dentists, lawyers, accountants, architects, designers' offices;
3. Business offices, such as district offices, sales offices or branch offices; and
4. Any multiple use of the same office facilities will require an individual registration for each separate use. Accounting records will be used to determine if separate or multiple uses are being conducted in the same office facilities.
OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in a commercial establishment to maintain and manage its operation.
RESTAURANT, BANQUET HALL. A food service establishment which caters to groups of people who are there for a specific purpose which may or may not include the consumption of food.
RESTAURANT, CAFETERIA. A food service establishment where the food is served from various types of containers while the customer passes along a line of such foods which are on display for his or her choice. The customer enters the building, picks up a tray, follows the line, makes his or her food selection, carries the tray to the table and then consumes the food.
RESTAURANT, CARRY-OUT. A food service establishment where the customer either preorders his or her selection or places an order in person. The food is packaged and the customer carries out the food off of the premises.
RESTAURANT, DRIVE-IN/FAST FOOD. A food service establishment with or without interior facilities for eating which permits the consumption of food either in the customer's automobile parked on the premises or in any other additional designated area on the premises.
RESTAURANT, FULL SERVICE. Where the customer is seated, a waiter or waitress takes his or her order, brings his or her food and after the customer has consumed same, clears the table in preparation for the next customer. All food is consumed inside of the establishment.
RESTAURANT, SNACK BAR. A food service establishment with limited food selection, with no interior or exterior facilities, where the customer places an order at a counter for immediate consumption.
RETAIL FOOD STORE. A grocery store, meat market, poultry market, fish market, fresh fruit and vegetable market, confectionery, nut store, bakery or any other establishment whether fixed or moveable, where food, intended for human consumption off the premises, is prepared, handled, transported, sold or offered for sale at retail.
RETAIL SALES. The exchange of any commodity for a price or fee by a seller to a consumer.
SERVICE BUSINESS. Any service performed or rendered for a price or fee whether or not a commodity is worked upon or exchanged.
WHOLESALE AND/OR STORAGE. Any other business or business activity between raw material to delivery to the final customer.
(5) If a business license fee due pursuant to this subchapter remains unpaid more than five days after its due date, it will be subject to a penalty for late payment of $15 or 25% of the amount due, whichever is greater. Delinquency may also result in suspension and/or revocation of the right to conduct commercial activities within the village.
(B) License fees.
(1) Schedule. Minimum license fee schedule shall be based on square feet of floor/land area as defined in this subchapter. Total area applicable for determination of the yearly license fee shall include the sum total of all area in use or reserved for or retained for the use of the commercial establishment, including but not restricted to principal and accessory area, cellars, basements, storage or detached accessory buildings, even though any such floor area may be temporarily vacant or not in use. Commercial and industrial establishments using surface area of land for storage, display and/or sales and service shall be based on square feet of area.
Classification | Step | Floor/Land Area in Square Feet | Yearly License Fee |
Machine/assembly | 1 | 1 to 3,000 | $150 |
Shop, manufacturing | 2 | 3,001 to 9,000 | $200 |
Warehousing | 3 | 9,001 to 30,000 | $400 |
Fabricating | 4 | 30,001 to 80,000 | $500 |
– | 5 | 80,001 and over | $1,000 |
(2) Business license fee based on factors other than square footage. The business license fees enumerated in this section are for establishments or activities which cannot feasibly be determined on a square foot basis or are additional fees for special categories plus the square foot area fee. The business establishments listed in this section may or may not have their principal place of business located within the village but are conducting commercial activities or business within the Village of Calumet Park.
Categories | Annual Fee |
Categories | Annual Fee |
Advertising signs, bench billboards | (Provided for in Ch. 150 including amendments-if any) |
Apartment Building Management Office | $150 |
Asphalt/concrete contractor; plus storage, per square foot | $150; $0.05 |
Auctioneer, per day | $150 |
Automobile accessories | $210 |
Automobile and bus rental | $150 plus the required vehicle stickers |
Automobile filling station | $1,000 |
Plus grocery store (retail food store) | $280 |
Plus restaurant fast food | $280 |
Plus car wash | $280 |
Automobile repair shop (all service, oil change, muffler repair and the like) | $210 |
Automobile sales, new | $700 |
Used | $350 |
Automotive paint shop | $210 |
Bakery | $150 |
Bank/financial | $700 |
Barber and/or beauty shop | $150; plus state license for each stylist |
Bus or limousine service (other than governmental): | |
One to five vehicles | $450 plus the required vehicle stickers |
Over five vehicles, each | $70 plus the required vehicle stickers |
Business license filing fee | $250 |
Business yearly fire inspection | $50 charged with yearly license fee |
Candy store | $150 |
Car wash | |
One stall - hand wash | $280 |
Multi stalls | $500 |
Carnival/circuses | $420 |
Cell phone sales/repair | $150 |
Child care services | $150 |
Christmas tree sales | $200 |
Plus $500 bond as guarantee that the applicant shall restore the premises to its original condition after the Christmas season. The village shall require an inspection of the premises by the Fire Department and upon failure of the licensee to so restore the premises, the bond shall be forfeited. | |
Cigars, cigarettes, tobacco products | $200 plus state license |
Clothing store | $150 |
Construction contractor - in town | $100 |
Construction contractor - out of town | $100 |
Construction general contractor - out of town | $200 |
Consulting service (counseling, income tax and the like) | $150 |
Currency exchange | $150 |
Distributors: beverage distributors; exterminators; food vendors; liquor distributors; junk truck; taxicabs; tow trucks | $200 plus required vehicle stickers |
Doctor/dentist office | $200 plus state license |
Drug store | $150 plus state license |
Plus general merchandise | $150 |
Plus retail food store | $210 |
Dry cleaners | $150 |
Electronic sales/repair (home appliance, radio, TV, microwave and the like) | $210 |
Florist shop | $150 |
Fruit/vegetable sales | $150 |
Funeral home | $700 plus state license |
General merchandise (non-food items) | $150 |
Grocery store (retail food store) | $700 |
Hardware paint store | $150 |
Health food store | $150 |
Heating/air conditioning | $150 |
Home business (telephone sales i.e. Tupperware, Avon etc.) | $150 |
Ice cream parlor/vendor | $150 plus the required vehicle stickers |
Insurance agency | $150 |
Landscaper/lawn service | $150 plus the required vehicle stickers |
Laundromat | $150 |
Plus coin operated license for each coin operated machine | $150 |
Law offices | $150 |
Lumberyard (sales) | $420 |
Plus storage per square foot | $0.05 |
Storage only | $300 |
Plus storage per square foot | $0.05 |
Medical center | $150 |
Mobile home park | $2,800, see Ch. 153 |
Motel/hotel | $150 |
Plus per unit | $40 |
Newspaper distributor | $560 |
Parking lots/garages | $150 |
Spaces 26 or more, per each space | $1.50 |
Plumbing sales | $120 |
Print shop | $150 |
Real estate office | $150 |
Rental service | $150 |
Plus storage per square foot | $0.05 |
Restaurants | |
Full service, carry-out | $450 |
Full service with drive-through | $830 |
Roofing sales | $150 |
Retail/wholesale plus storage per square foot | $0.05 |
Scavenger, commercial | $830 |
Schools - for the intent of teaching an art (dance, Judo/Karate and the like) | $150 |
Security services (guards, investigators and the like) | $150 plus required state license |
Sheet metal shop | $280 |
Shoe repair shop | $150 |
Snow removal | $150 plus the required vehicle sticker |
Solicitors and canvassers | |
Per year | $150 |
Per day | $15 |
Storage yards (including vehicles and trailers): | |
Sales and storage | $420 |
Plus storage per square foot | $0.05 |
Storage only | $280 |
Plus storage per square foot | $0.05 |
Towing service | $200 plus the required vehicle stickers |
Travel agency office | $150 |
Truck/freight terminal | $420 plus required vehicle stickers |
Vending and coin-operated machines (pop, candy, snacks, ice machine, pool table, juke box etc.) | $200 |
Video gaming machines | $1,000 see Ordinance 12-1063 |
Warehousing (storage of supplies, materials, equipment and the like) | $0.05 |
An application for a business license for any entity not specifically listed in this section, shall be charged the fee applicable to a business that most closely describes the applicant's business, but in no case less than $100 | |
Please note where appropriate, an applicant for a business license certificate may be charged for more than one category | |
(3) Responsibility of owner; lessor; occupant.
(a) It shall be the responsibility of the owner, lessor and occupant of any premises to ensure that the required business license certificate and business license fees have been paid for any and all persons occupying or operating out of those premises.
(b) In the event that a person is found not to have been issued the required business license certificate or not to have paid business license fees, the premises for that person or its machines as situated may be closed by the Mayor in accordance with the provisions of division (3)(c) following. Those premises may be closed whether or not the person violating the provisions is the major owner or tenant of the premises, the intent of this section being that the owner, lessor and occupant of the premises shall be responsible for all parties occupying the same to see that the proper business license certificate and business license fees are obtained and paid.
(c) Any business operating within the Village of Calumet Park without a business license certificate, or with a business license certificate, but failing to pay business license fees, shall be issued a notice in writing stating that it is in default under its obligations pursuant to this subchapter, and it has 30 days to correct the default.
1. Should it fail to correct the default within 30 days that its premises may be closed by order of the Mayor of the Village of Calumet Park.
2. The notice must be delivered personally or by certified mail to the owner of the premises, the operator of the business located on the premises or any agent or employee operating the business on the premises. Any business closed by order of the Mayor pursuant to this section may be allowed to reopen upon the curing of any defaults as stated in the notice along with payment of an administrative reinstatement fee of $50.
(4) Business license certificate required for each location or separate business.
(a) No business license certificate for the operation of a business or establishment in the village shall be construed to permit the operation of a business or establishment in more than one location in the village.
(b) A separate business license certificate shall be required for each location of a business establishment.
(c) For the purpose of this section, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses shall be connected or shall be located on the same lot or parcel, shall be operated and managed by the same person or owner, and shall be an establishment with the same classification.
(d) Where two or more separate businesses, separately owned or operated share floor/land space in the same building or on the same parcel ground, then each shall be deemed a separate business and shall be required to obtain a separate business license certificate based on the square foot area of each separate use and/or based on the fee schedule contained in division (B)(2) above.
(Ord. 00-735, passed 3-23-2000; Ord. 12-1063, passed 9-13-2012; Ord. 14-1098, passed 2-27- 2014; Ord. 15-1120, passed 2-26-2015; Ord. 18-1195, passed 1-11-2017)