The following provisions set forth, in alphabetical order, specific businesses for which licenses are required, the fees for such licenses, and any specific regulations pertaining to said business: (1986 Code)
AMUSEMENTS AND AMUSEMENT DEVICES
A. Prohibited Activities: The following kinds of conduct on premises within the city of Countryside licensed to operate and maintain any amusements and/or amusement devices under this code are prohibited: any act or series of acts upon a human being, whether self-inflicted or inflicted by another, and not withstanding the consent of the person upon whom such act is inflicted, that is intended to cause a breaking or puncturing of the skin and/or the drawing of blood and/or the fracturing and/or tearing of any part of that person's anatomy, and whether or not inflicted directly by human hands or by means of another agency, either living or mechanical for entertainment purposes as part of or in conjunction with any show, performance, or exhibition. The utilization of any previously made punctures, holes, or devices imbedded within a human being's anatomy for the purpose of hoisting, lifting, or suspending such a person for entertainment purposes as part of or in conjunction with any show, performance, or exhibition.
B. Included Activities: See chapter 3 of this title, which includes the following:
Amusement devices, manually operated games, jukeboxes 1
Billiard and pool halls
Bowling alleys
Circuses and carnivals
Golf driving ranges and miniature golf and putting courses
Private recreational clubs
Public dances
Theaters
(Ord. 02-11-0, 3-28-2002)
AUCTIONS AND AUCTIONEERS; ANNUAL AND TWENTY DAY LICENSES
A. License Required: See section 3-1-1 of this title. This includes any person selling or attempting to sell any real or personal property, under and by virtue of legal process at auction.
B. Fees: See section 3-1-13 of this title.
C. Special Regulations:
1. Auction Prohibited On Public Property: It shall be unlawful to conduct an auction sale of real or personal property on any street, sidewalk or public property of the city.
2. Creating Noise To Attract Crowds Prohibited: No means of attracting the attention of the public, other than a sign or flag, shall be employed, or permitted to be used at or near the place of an auction.
3. False Representation: No auctioneer or person present when real or personal property is offered for sale shall knowingly, with intent to induce any person to purchase the same, or any part thereof, make any false representation or statement as to ownership, character or quality of the property so offered for sale or as to the circumstances of the owner or alleged owner of the property.
4. Fictitious Bidding: No auctioneer shall procure any person to make a fictitious bid at any auction sale, or conspire with or knowingly permit any person to make a fictitious bid.
5. Substitutions Prohibited: No auctioneer shall exhibit and offer for sale at auction any article and induce its purchase by any bidder and afterward substitute any article in lieu of that offered to and purchased by the bidder. (Ord. 11-58-0, 9-14-2011)
AUTOMATIC DRY CLEANING ESTABLISHMENTS
Automatic Dry Cleaning Establishment: Any establishment having within such premises one or more automatic dry cleaning machines which are rented, leased or hired out to any member of the public for a consideration and for use upon such premises. (1970 Code §8-4.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-4.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Equipment, Supplies And Premises Requirements:
a. Vents: The machines shall be completely enclosed by a cabinet. The cabinet shall be provided with vents at or near its bottom and connected to exhaust ventilation adequate to prevent the escape of vapor to the surrounding area, unless the installation is so constructed as to have no airflow through the partition between the customer and service area. The exhaust vent connection shall be located at or near the top of the cabinet. (1970 Code §8-4.04)
b. Exhaust System: The cleaning equipment must be provided with an exhaust system capable of maintaining a minimum of one hundred feet (100') per minute face velocity through the loading door whenever the door is open. The ductwork connections from this system must be sealed (soldered or taped) and the discharge stack extended to a minimum height two feet (2') above the level of any windows located within fifty feet (50') of the opening, and shall be located horizontally at a safe distance from any fresh air intakes for gas or electrically fired equipment such as dryers, water heaters or building heating plants. (1970 Code §8-4.05)
c. Interlocks: An interlock system must be provided on the machine to prevent the loading door from being opened during the normal cycle. This system may be either electrical and/or mechanical and so connected as to protect against the event of power failure. (1970 Code §8-4.06)
d. Vapor Odors: The cleaning cycle controls shall be such that there will be no odors of solvent or solvent vapor in the material being cleaned when it is removed from the machine at the end of the cycle. (1970 Code §8-4.07)
e. Doors: The machines shall be equipped with transparent doors or ports to allow visual inspection and determination of the status of the cleaning cycle. (1970 Code §8-4.08)
f. Water Supply: If the machine is connected to a portable water supply, it shall be equipped with an air gap or properly installed vacuum breaker in the water supply line upstream from the condenser. There shall be no control valves downstream from the vacuum breaker. The wastewater shall discharge through an air gap. (1970 Code §8-4.09)
g. Fluids: Fluids used in cleaning procedures shall be of nonflammable and nonexplosive types of mixtures, and the units shall be so designed that the user of equipment may not come in contact with the raw cleaning fluid. (1970 Code §8-4.10)
h. Equipment Installation And Specifications: The equipment shall be installed so that only the front of the machine shall be exposed in the customer area. The working or maintenance portion of the equipment shall be separated from the front of the machine by a solid partition. As a means of minimizing any solvent buildup in the customer area and also to control any minor solvent leakage, it is required that there be a minimum flow rate from the customer area through the partition as follows:
Number Of Machines
| Minimum Flow Rate Per Machine (cfm)*
|
1 - 3 | 500 |
4 - 8 | 400 |
9 - 16 | 375 |
17 or more | 360 |
*Each cleaning cell shall constitute 1 machine.
The exhaust ventilation as described above shall be provided on a continuous basis while the store is open for business. The fan wiring shall be such that the dry- cleaning equipment cannot be operated unless the fan system is in operation.
Where grille openings are to be installed in the partition to facilitate air movement, they should be sized on the basis of about five hundred (500) cfm per square foot of net grille area and should be placed as close to the machines as possible. An example would be the use of a thirty inch by six inch (30" x 6") grille located directly over a machine.
A supply of tempered make-up air shall be provided for the customer service area in an amount approximately equal to the exhaust ventilation required in the table on minimum flow rate per machine in this subsection. The device shall be capable of providing the above amount of make-up air at room design temperature with an outside air temperature equal to the mean winter temperature. In all cases it is required that the exhaust rate be slightly greater than the make-up rate which will at all times maintain a slight negative pressure in the customer service area.
Access doors to the maintenance area shall be kept locked.
Where there is no airflow through the partition between the customer and service area, the exhaust ventilation required in the table on minimum flow rate per machine in this subsection is sufficient; provided, that it is operated continuously with a satisfactory source of tempered make-up air in the service area. The volume of make-up air provided in the service area should be slightly less than the exhaust capacity in order that a slight negative pressure be maintained in the service area at all times. A supply of suitably tempered make-up air should be supplied for the customer area. (1970 Code §8-4.11)
i. Auxiliary Fan: Where there is airflow between the customer and the service area, it is also required that a general ventilation fan be installed in the backroom or maintenance area to be used in case of serious solvent leakage. This fan may be installed in the rear wall and, when combined with the system required in this subsection, should enable the exhausting of twice the amount of air required in the table on minimum flow rate per machine in subsection C1h hereinabove.
j. Prevention Of Leaks: A satisfactory means of preventing liquid leaks from escaping the enclosure must be provided. The floor of the enclosure or machine base shall be diked so as to hold a liquid volume equal to the maximum quantity of solvent which might possibly escape from the system. A method shall be provided for draining and containing solvent in the event of a leak. Tanks so provided for containing leaks shall be vented to the outside.
In lieu of the diking aforesaid, the integral pan and piping system may be used, provided that the piping system is connected to a properly sized and vented tank as described above. (1970 Code §8-4.13)
k. Use As Dwelling: Equipment shall not be installed in a building occupied as a dwelling place. (1970 Code §8-4.14)
l. Building Plans: Any person establishing an automatic dry- cleaning establishment shall be required to submit to the building commissioner a complete set of plans and specifications of the building in which such dry-cleaning establishment is to be located and also a complete diagram of the floor plan of each room to be occupied, correctly showing the area of all machinery and ventilating equipment to be installed therein. (1970 Code §8-4.15)
m. Solvent Storage: The solvent shall be stored in closed containers, and should be transferred from the containers in a line free of leaks. All storage facilities for solvent, external from the equipment, must be adequately and properly labeled. (1970 Code §8-4.21)
n. Residues: Filter residue and other residues containing solvent shall be disposed of so as not to create a health hazard or nuisance. A covered metal container shall be used for temporary storage outside the building. (1970 Code §8-4.22)
2. Attendant: Automatic dry-cleaning establishments may not be operated unless an attendant is on the premises at all times when such equipment is available for use by the public. Such attendant shall be trained and well-qualified in the procedures relative to the safe operation of such equipment. The attendant as well as the owner shall be responsible for the enforcement of the provisions of this subsection. (1970 Code §8-4.16)
3. Instructions And Warnings:
a. Instructions: Complete operating instructions shall be posted near the machines. These instructions shall include a warning to the effect that garments of materials bearing the odor of the solvent are dangerous if enclosed in an automobile or other tightly enclosed place. (1970 Code §8-4.17)
b. Warning Signs: Signs shall be posted requesting evacuation of the establishment in the presence of noticeable vapor odor or in the presence of such symptoms as irritation of the eyes, nose or throat, lacrimation or dizziness.
4. Age Of Operator: No person under the age of sixteen (16) years shall be permitted to operate any automatic dry-cleaning machine. (1970 Code §8-4.19)
5. Hours Of Operation: No automatic dry-cleaning establishment shall be operated between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (1970 Code §8-4.20)
AUTOMOBILE RENTAL ESTABLISHMENTS
Automobile: Any four-wheel, self-propelled vehicle designed for carrying not more than ten (10) persons.
Automobile And Truck: The business of leasing automobiles and/or trucks, rental business as defined herein, for a rental charge and/or of storing such automobiles and/or trucks when not being leased and rented.
Automobile Rental And/Or Truck Rental Establishment: Any location at which the business of leasing and renting automobiles and/or trucks is carried on. (Ord. 87-43-0, 8-12-1987)
Lease: A written or oral agreement vesting in the lessee exclusive possession, control of and responsibility over the operation of an automobile or truck for a specific period of time as if such lessee were the legal owner. Except, however, "lease" shall not mean an agreement, written or oral, whereby at the end of a stipulated period of time lessee may or shall acquire title to the vehicle, sometimes known as a lease purchase agreement. (Ord. 94-10-0, 4-13-1994)
Truck: Any motor vehicle designed, used or maintained primarily for the transportation of property.
A. License Required: See section 3-1-1 of this title. (Ord. 87-43-0, 8-12-1987)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Prohibited Activities: No licensee hereunder shall store or keep any petroleum products for use in such rental automobiles or trucks at any automobile or truck rental establishment; nor shall any licensee repair, overhaul or perform any maintenance work whatsoever upon such rental vehicles at any automobile rental establishment; nor shall any establishment licensed hereunder lease or store any truck which is rated at a one and one-half (11/2) ton or more capacity.
2. Off-Street Parking And Other Regulations: Each licensee shall comply with all off-street parking requirements of the city zoning code and all other applicable codes and ordinances, from time to time in effect. (Ord. 87-43-0, 8-12-1987)
AUTOMOBILE SALES AND SERVICE
Automobile: Any four-wheel, self-propelled vehicle designed for carrying not more than ten (10) persons.
Automobile Dealership: The business of selling automobiles, new or used, which may or may not have some service and/or some storage of automobiles on the same premises.
New Automobile Dealership: The business in which annual sales of new automobiles is more than thirty percent (30%) of total, which may or may not have some service and/or some storage of automobiles on the same premises.
A. License Required: See section 3-1-1 of this title. (Ord. 96-04-0, 2-14-1996)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements: Any licensee hereunder shall be subject to the same requirements as found in this section under "Retail Merchants". (1986 Code)
BARBERS AND BARBERSHOPS
Barbering: Any one or any combination of the following constitutes the practice of barbering: to shave and trim the beard or cut the hair; to give facial and scalp treatment with oils, creams or other preparations either by hand or by mechanical appliances; to singe or shampoo the hair or apply a hair tonic; or to dye or tip the hair of any person; however, any person registered under the provisions of "An Act Relating to the Practice of Beauty Culture" 1 , shall be exempt from the provisions hereof.
Barbershop: A fixed place of business wherein barbering is practiced and carried on. (1970 Code §8-6.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-6.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Inspection And Investigation:
a. All applications for such a license shall be forwarded to the health officer who shall make, or cause to be made, an inspection of the premises named in said applications to determine whether the premises are fit and suitable for such business and comply with the sanitary regulations provided for hereunder.
b. The health officer shall also cause an investigation to be made of the applicant verifying the qualifications stated in the application and determining that the persons to be employed are free from all communicable diseases.
c. If, upon inspection and investigation, it is found that such premises are suitable, that the applicant is qualified, that the persons to be employed are free from all communicable diseases, and that the sanitary regulations provided for hereunder can be complied with, then the health officer shall recommend issuance of the license applied for. (1970 Code §9-6.03)
2. Sanitary Regulations: It shall be the duty of every person licensed to establish, maintain or operate a barbershop to strictly conform to the following regulations:
a. Barbershops shall be located in buildings or rooms which are well-ventilated and well-lighted, and of such a construction that they may be easily cleaned and shall be at all times supplied with hot and cold running water.
b. The premises and fixtures shall be kept in a clean and sanitary condition at all times.
c. All receptacles, bowls, utensils, vessels and appliances shall be antiseptically cleaned immediately after use.
d. Combs and brushes shall be thoroughly cleaned after each use and be kept in a sanitary condition at all times. All razors, shears and clippers shall be sterilized immediately after being used and, thereafter, until used, shall be kept in a sterilized cabinet.
e. All towels and washcloths shall be washed with soap and water and freshly laundered before being used.
f. No barber having a contagious or infectious disease shall be permitted to work in a barbershop.
g. Every barber or other employee shall wash his hands thoroughly immediately before and after serving each customer and shall wear a clean apron or coat.
h. A copy of these regulations shall be posted in a conspicuous place in each barbershop.
i. It shall be the duty of every barber to conspicuously display his certificate of registration at all times in front of his work stand or mirror where it may readily be seen by all persons whom he serves. (1970 Code §8-6.05)
BROKERS
General Broker: Any person who negotiates, buys, sells, trades, leases or handles for another, on a commission basis, or on the basis of compensation in proportion to the amount of the transaction, any stocks, bonds, mortgages, loans of all descriptions including personal, family or small loans authorized under special legislative enactment or otherwise, investment securities, certificates of indebtedness, foreign exchange letters of credit, steamship transportation tickets, grain, produce, provisions, livestock, goods, wares, merchandise or any other commodity, articles or property, except real estate, whether like or unlike those herein named, or acts through the medium of another licensed broker in the capacity and for any of the purposes aforesaid. (1970 Code §8-7.01, as amended)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-7.02, as amended)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
Employees Acting As Brokers: Any person employed by a person licensed as a broker under these provisions who shall himself engage in the business or act in the capacity of a broker shall, notwithstanding the fact of such employment, be required to take out a broker's license. (1970 Code §8-7.04, as amended)
CARTERS
Cart: Every vehicle whatsoever which shall be operated, driven or employed for the purpose of transporting or conveying bundles, parcels, furniture, trunks, baggage, goods, wares, merchandise, produce or other articles within the city for hire from any office or other place in the city, by the day, week, month or year.
Carter: Any person engaged in the business of operating a cart, provided that any person operating a taxicab shall not be deemed a carter. (1970 Code §8-8.01; amd. 1986 Code)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-8.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Inspections: Prior to the issuance of a license and prior to the use and operation of any vehicle under these provisions, said vehicle shall be thoroughly examined and inspected by the chief of police or a member of the police department duly authorized by the chief of police and found to comply with such reasonable rules and regulations as may be prescribed by the city council. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the city council shall deem necessary therefor. (1970 Code §8-8.03)
2. Posting Of Emblem: The city clerk shall deliver to each carter, upon payment of the license fee, a license emblem which shall bear the word "Carter" and the year for which such license tax has been paid. It shall be the duty of the carter to affix the license emblem in a conspicuous place on the vehicle. It shall be unlawful for any person to operate a vehicle which does not bear such license emblem. (1970 Code §8-8.05)
CHEMICAL OR PAINT FACTORIES
See Manufacturing Establishments of this section.
CHRISTMAS TREE SALES
See Florists And Sales Of Christmas Trees of this section. (Ord. 11-12-0, 2-23-2011)
CIGARETTE AND TOBACCO DEALERS
Tobacco Product: Any cigar, cigarette, electronic cigarette (or e-cigarette), electronic vaping device, personal vaporizer (PV), or electronic nicotine delivery system (ENDS), tobacco, or any other substance or material used in the making of cigarettes.
A. License Required: See section 3-1-1 of this title. This includes persons selling, giving away or furnishing tobacco products; or selling or permitting the sale of tobacco products in any form from any vending machine.
B. Fees: See section 3-1-13 of this title.
C. Special Requirements:
1. Vending Machines: Any person securing a license to sell tobacco products from vending machines shall comply with all the requirements hereunder and the provisions of section 3-4-7 of this title relating to vending machines. Where a person sells tobacco products both from vending machines and over the counter, such person shall pay both the annual fee for a retailer or wholesaler, as the case may be, and the annual fee per machine; but where the person sells tobacco products only from vending machines, then such person shall not be required to pay the annual fee per machine as required.
2. Sanitation: Premises, buildings and vending machines used for the sale, giving away or furnishing of tobacco products shall be kept in a clean and sanitary condition, and the health officer shall investigate such premises, buildings and vending machines from time to time to ascertain whether the laws of the state and the provisions hereof or any other ordinance of the city in relation to tobacco products are being complied with.
3. Sale To Minors Prohibited:
a. It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of twenty-one (21) years.
b. Each retailer shall request and examine the photographic identification of any person purchasing tobacco products so as to verify that the purchaser is over twenty-one (21) years of age or older. No such verification is required for any person who appears without reasonable doubt to be over the age of twenty-seven (27) years of age.
c. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.
The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high.
d. It shall be unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. All tobacco products will be displayed from behind a sales/service counter so that no consumer can access tobacco products without assistance by an employee of the licensee. This restriction shall not apply to consumer self-service from vending machines as described in subsection C1 of this section or to any licensee whose primary business is the sale of tobacco products and which prohibits any person under the age of twenty-one (21) from entering the premises unaccompanied by a parent or guardian.
4. Minimum Age To Sell Tobacco Products: It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under twenty-one (21) years of age to sell tobacco products in any licensed premises.
5. Purchase By Minors Prohibited: It shall be unlawful for any person under the age of twenty-one (21) years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.
6. Possession By Minors Prohibited: It shall be unlawful for any person under the age of twenty-one (21) years to possess any tobacco products upon any public way or property, including, but not limited to, streets, alleys, parkways, parks, playgrounds, public buildings or parking lots, or upon any property which, though privately owned, is open to the general public, such as stores, malls or public office buildings; provided that the possession by a person under the age of twenty-one (21) years under the direct supervision of, or with the express consent of, the parent or guardian of such person and upon private property, not open to the general public, with the knowledge and consent of the owner or person lawfully in possession thereof, shall not be prohibited.
7. Certain Free Distributions Prohibited: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business to distribute, give away or deliver tobacco products free of charge to any person on any right of way, park, playground or other property owned by the city, any school district or any park district.
8. Responsibility For Agents And Employees: Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be subject to punishment in the same manner as if such act or omission had been done or omitted by the licensee personally.
9. Suspension Or Revocation Of License; Fines And Costs: The mayor shall be charged with the administration of this chapter. The mayor may suspend or revoke any license issued under the provisions of this chapter, if he determines that the licensee has violated any of the provisions of this chapter. In lieu of suspension or revocation of a license, the mayor may instead levy a fine on the licensee. The fine imposed shall not exceed five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation.
However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the mayor with a seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven (7) day notice provisions shall begin the day following delivery by certified mail or by personal service.
The mayor shall within seven (7) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven (7) days upon the licensee.
Any licensee determined by the mayor to have violated any of the provisions of this chapter shall pay to the city the costs of the hearing before the mayor on such violation. The mayor shall determine the costs incurred by the city for said hearing, including, but not limited to: court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or such lesser sum as the mayor may allow.
The licensee shall pay said costs to the city within thirty (30) days of notification of the costs by the mayor. Failure to pay said costs within thirty (30) days of notification is a violation of this chapter and may be cause for license suspension or revocation, or the levy of a fine.
10. Use Of Premises After Revocation: When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six (6) months thereafter for the conduct of the business of selling "tobacco products" as defined in this chapter in the premises described in such revoked license. (1970 Code §§8-9.02, 8-9.04, 8-9.05; amd. Ord. 93-14-0, 4-28-1993; Ord. 98-03-0, 1-14-1998; Ord. 00-38-0, 12-13-2000; Ord. 01-29-0, 12-12-2001; Ord. 14-02-0, 1-22-2014; Ord. 20-06-O, 2-26-2020)
COCKTAIL LOUNGES
A. Definition: For the purposes of licensing cocktail lounges, a "cocktail lounge" is defined as any room or area within a business establishment which room or area is used primarily for the purposes of serving and consuming alcoholic beverages on the premises, with or without a bar, operated for profit or not for profit, and which room or area is operated by a person, firm or corporation which is not the person, firm or corporation licensed to operate the business establishment in which the cocktail lounge is situated.
B. Licenses Required: No person, firm or corporation shall operate a "cocktail lounge" as defined herein without first having obtained a liquor license under chapter 5 of this title, and without first having obtained a cocktail lounge business license under the provisions of this section. (Ord. 94-15-0, 5-11-1994)
C. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
CONTRACTORS
A. License Required: See section 3-1-1 of this title. In addition to the license requirement, a bond and evidence of public liability insurance is required. (1970 Code §8-10.01, as amended)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Bonds: Every person licensed under the provisions hereof shall, before receiving such license, deposit with the city clerk a bond in the penal sum set forth in subsection B of this section, with surety to be approved by the mayor and city council and conditioned to indemnify, save and keep harmless the city from any and all loss, costs, expense or liability of any kind whatsoever which the city may suffer or be put to or which may be recovered from it by reason of the issuance of such license or by reason of any act or thing done or neglected to be done under or by virtue of the authority given in such license. Any such bond shall contain a statement by the surety that it shall not be canceled without thirty (30) days' prior written notice to the city. (1970 Code §8-10.02; amd. 1986 Code)
2. Public Liability Insurance: Every such person shall secure and maintain public liability insurance in an amount of not less than the sum set forth in subsection B of this section, to protect such person against all risk of damage or injury (including death) to property or persons, wherever located, in connection with the work to be performed. All insurance policies shall be issued by a company or companies authorized to do business in Illinois. Certificates of insurance evidencing such insurance endorsement shall be filed with the city clerk. No change or cancellation in insurance shall be made without the consent of the city council. Any such policy of insurance shall contain a statement by the company issuing the same that said policy shall not be canceled without thirty (30) days' prior written notice to the city. (1970 Code §8-10.03; amd. 1986 Code)
3. Term Of License, Proration Of Fee: All such licenses shall be due on January 1 of each year and shall expire on December 31 following the date of issuance; and when issued after July 1, the fee to be paid shall be one-half (1/2) of the fee fixed by subsection B of this section. (1970 Code §8-10.04, as amended)
4. Regulation Of Work: All work within the city, done by any licensee hereunder, shall at all times conform to and be in compliance with the building code 3 and other applicable ordinances of the city. (1970 Code §8-10.05, as amended)
5. Suspension Of License: In addition to other remedies permitted by this code including, but not limited to, citation and prosecution, the building official may suspend the license of a contractor for up to sixty (60) days. Licenses may be suspended due to:
a. Factual errors, discrepancies, or falsification on license application, insurance, bond, building permit or construction documents.
b. Probable cause to believe that work performed by this contractor is not, or will not be compliant with the adopted codes, ordinances, and regulations of the city of Countryside, as evidenced by investigation, inspection, and/or previous convictions within the past three (3) years for violations of applicable codes, ordinances, or regulations within the city of Countryside.
c. Performing work in the city of Countryside under any of the following conditions:
(1) In a manner that creates a hazard or danger.
(2) In a manner that creates a nuisance.
(3) Work exceeding the scope of a permit.
(4) Work conducted without a valid permit.
Within sixty (60) days of the initial suspension date, the license shall be either reinstated or revoked.
6. Reinstatement Of License: A suspended license shall not be reinstated unless the suspension was due to no fault of the licensee.
a. Exceptions:
(1) A suspended license may be reinstated by the building official if:
(A) All hazardous, dangerous, or nuisance condition(s) that necessitated the suspension have been corrected; and
(B) Any fines, fees, or costs incurred by the city of Countryside in obtaining the correction(s) have been fully reimbursed; or
(C) The city council, after a hearing by and upon recommendation of the license committee, orders reinstatement of the license.
b. Suspension Due To Permit Related Issues: If the suspension was due to permit related issues (work without a permit, or work exceeding the scope of the permit), a valid permit must be obtained for the full scope of the work.
(1) The city of Countryside shall be reimbursed an administrative fee equal to two dollars ($2.00) for every one dollar ($1.00) of permit fee allowed by this code for the entire project in question; and
(2) Any related fines, fees, or costs incurred by or due to the city of Countryside shall be fully reimbursed prior to reinstatement.
7. Revocation Of License: Licenses not reinstated within sixty (60) days of suspension shall be revoked. No revoked license shall be reissued within one year of the suspension date. Any license revoked more than once within a three (3) year period shall not be reissued within three (3) years of the latest suspension date.
a. Conditions For Reissuance: No license shall be reissued if both of the following conditions are not met:
(1) All hazardous, dangerous, or nuisance condition(s) that necessitated the revocation have been corrected; and
(2) Any fines, fees, or costs incurred by the city of Countryside in obtaining the correction(s) have been fully reimbursed.
b. Revocation Due To Permit Related Issues: If the revocation was due to permit related issues (work without a permit, or work exceeding the scope of the permit):
(1) The city of Countryside shall be reimbursed an administrative fee equal to five dollars ($5.00) for every one dollar ($1.00) of permit fee allowed by this code for the entire project in question; and
(2) Any related fines, fees, or costs incurred by or due to the city of Countryside shall be fully reimbursed prior to reissuance of any license. (Ord. 07-05-0, 1-24-2007)
DAYCARE FACILITIES FOR ADULTS
A. Definitions: The following words and phrases shall have the meanings, and are hereby defined, as follows:
Adult: A person who suffers from Alzheimer's disease or dementia or other such physical or mental disability which renders such a person unable to care for himself or herself without supervision.
Adult Care Facilities: Facilities which receive adults for short term or extended hours of care, and which provide essential personal care, protection, supervision and programs to meet the needs of the persons served.
Adult Daycare Facilities: Any adult care facility receiving adults for daytime care during all or part of a day between the hours of six o'clock (6:00) A.M. and seven o'clock (7:00) P.M. Adult daycare facilities offer programming to enhance the quality of life of their clients through physical, social, intellectual, relaxation, normalization stimulation and support, and may include facilities commonly called "workshops for mentally or physically handicapped". They may also provide meals, snacks, health services and administration of prescription medication as further provided herein. The term does not include special activities programs for older adults including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, religious, charitable and governmental organizations.
Adult Provider: Any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more adults, unrelated to the operator of the facility, apart from the family, in any facility established and maintained for the care of adults.
B. License Required: It shall be unlawful to operate an adult daycare facility in the city without first obtaining a license therefor.
C. Application: Application for a license to conduct and operate an adult daycare facility shall be made in conformity with the general requirements of the city relating to applications for licenses as contained in chapter 1 of this title. The application shall be under oath and shall additionally contain:
1. The location of the adult daycare facility for which a license is sought;
2. The approximate number of adults expected to be cared for;
3. The number of adults that can reasonably be handled in the space available;
4. A precise, detailed description of each service the facility will provide, and a description of the person or persons who will perform such service or services, e.g., registered nurse, dietitian, etc.;
5. The name of the person or persons under whose management or supervision the adult daycare facility will be conducted;
6. Such information relating to the number, experience and training of employees of the adult daycare facility and of the moral character of the applicant and employees as the city may deem necessary;
7. The proposed hours of operation. (Ord. 98-14-0, 3-25-1998)
D. License Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
E. Inspection: The city health inspector, the Pleasantview fire protection district and the city building, electrical and plumbing inspectors shall make a thorough inspection of the premises and facilities proposed to be licensed, and there shall be an inspection by the police department of any transportation vehicle proposed to be used for the transportation of adults in the charge of the day or night care center or home at least once a year, or as often as necessary.
F. Issuance Of License: If the premises, operators and vehicles of the proposed adult daycare facility conform to the requirements of this chapter and all other applicable ordinances of the city, including the city zoning ordinance, and requirements of the state, then upon payment of the required fee, a license shall be issued.
G. Medical Services: Adult daycare facilities may administer prescription medication, monitor blood pressure and heart rate, monitor blood sugar in coordination with nutrition and monitor and help aid in skin care, provided such services are administered by a registered nurse.
H. Records And Reports: Every licensee shall keep and maintain such records and make such reports to the city as it may reasonably require upon such forms as it may prescribe.
I. Structural Requirements: Every room in an adult daycare facility to be used for the care of adults shall be adequately ventilated and shall be in conformity with the building provisions of this code applicable thereto. Toilet facilities will be provided within the building or part of the building used for such purposes. There shall be provided a well- ventilated room or compartment for the storing of the outer garments of the adults.
J. Sanitary Requirements: No greater number of adults shall be cared for at one time than is specified in the license. All furnishings and equipment of the facility shall be kept clean and sanitary at all times. The common use of washcloths, towels, combs, drinking cups and other personal accessories is prohibited.
K. Reports: Every person conducting or operating an adult daycare facility shall report to the health officer at once, both by telephone and by mail, all cases and suspected cases of contagious, epidemic or communicable diseases. The report shall give the names and addresses of persons so afflicted, and such other information as may be required by the health officer, or may aid in eradicating such diseases.
L. Inspection: It shall be the duty of the health officer to inspect adult daycare facilities as often as he shall deem necessary for adequate supervision of the same, or whenever he shall have received a complaint of two (2) or more persons that any such facility is not managed in compliance with the provisions of this code or for the best interests of the adults received therein. The health officer is hereby given the right to enter or cause to be entered all such places for the purpose of making inspections.
M. Penalty: Any person violating any of the provisions of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be guilty of any such violation.
N. Summary Action: Whenever an inspection of an adult daycare facility discloses that such facility is in violation of city codes and poses an immediate and serious menace to public health and safety, the mayor is hereby authorized to revoke its license and to close such home forthwith. (Ord. 98-14-0, 3-25-1998)
DAY AND NIGHT CARE CENTERS AND HOMES FOR CHILDREN
A. Definitions: The following words and phrases shall have the meanings, and are hereby defined as follows:
Centers Or Workshops For Mentally Or Physically Handicapped: Daycare centers receiving mentally retarded or physically handicapped children, for short periods or extended hours, and which provide services and programs to meet the children's needs for care, protection and training.
Childcare Centers: Daycare centers which receive preschool or school age children, or both, for short-term or extended hours of care, or out of school hours, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the children served.
Childcare Facility: Any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined in the Illinois childcare act of 1969, established and maintained for the care of children.
Day Nurseries: Daycare centers which receive preschool age children for short-term or extended hours of care, and which provide essential personal care, protection, supervision, training and programs to meet the needs of the individual children served.
Daycare Center: Any childcare facility receiving more than eight (8) children for daytime care during all or part of a day. The "daycare center" includes facilities commonly called "childcare centers", "day nurseries", "nursery schools", "kindergartens", "play groups" and "centers or workshops for mentally or physically handicapped" with or without state educational purposes. The term does not include: 1) kindergartens or nursery schools or other daytime programs operated by public or private elementary school systems or secondary level school units or institutions of higher learning which serve children five (5) years of age or older; 2) any type of daycare center that is conducted on federal government premises; or 3) special activities programs, including athletics, crafts instruction and similar activities conducted on an organized and periodic basis by civic, religious, charitable and governmental organizations.
Daycare Homes: Family homes which receive not more than eight (8) children for regular ongoing care during the day. The maximum of eight (8) children includes the family's natural or adopted children under age sixteen (16) and those children who are in the home under full-time care as set forth in the Illinois childcare act of 1969.
Kindergartens: Daycare centers which receive children between the ages of four (4) and six (6) years, and which are established and professionally operated to conduct educational programs for early childhood development.
Night Care: Centers or family homes in which children are received for periodic care during the night when a single parent, or both parents, are absent from home because of employment, emergency or other reasonable circumstance, and the children are in need of supervision during sleeping hours. A facility may be licensed for either daycare or nighttime care, or both, if circumstances permit, and whether the same children are served according to the work shifts of their parents or other circumstances. "Nightcare facilities" are further defined as follows:
Nighttime Center: A facility which is established to receive nine (9) or more children, but not to exceed twenty (20) children, for nighttime care.
Nighttime Home: A family home which receives no more than eight (8) children, including the family's own children, under age eighteen (18), for nighttime care.
Nursery School: Daycare centers which receive children between the ages of two (2) and six (6) years, and which are established and professionally operated primarily for educational purposes to meet the developmental needs of the children served.
Play Group: Daycare centers which receive preschool or school age children, or both, for relatively short periods of time, not to exceed three (3) hours per day for any child or group of children, and which provides services and programs designed to meet the recreational, physical, emotional and developmental needs of the individual children served.
B. License Required: It shall be unlawful to operate a day or night care center or home, under any of the above definitions, in the city without first obtaining a license therefor.
C. Application: Application for a license to conduct and operate a day or night care center or home shall be made in conformity with the general requirements of the city relating to applications for licenses as contained in chapter 1 of this title. The application shall be under oath and shall additionally contain:
1. The location of the day or night care center or home for which a license is sought;
2. The number of children to be cared for;
3. The number of children that can reasonably be handled in the space available;
4. The name of the person or persons under whose management or supervision the day or night care center or home will be conducted;
5. Such information relating to the number, experience and training of employees of the day or night care center or home and of the moral character of the applicant and employees as the city may deem necessary;
6. The proposed hours of operation. (Ord. 87-56-0, 11-11-1987)
D. License Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
E. Inspection: The city health inspector, the Pleasantview fire protection district and the city building, electrical and plumbing inspectors shall make a thorough inspection of the premises and facilities proposed to be licensed, and there shall be an inspection by the police department of any transportation vehicle proposed to be used for the transportation of children in the charge of the day or night care center or home at least once a year, or as often as necessary.
F. Issuance Of License: If the premises, operators and vehicles of the proposed day or night care center or home conform to the requirements of this chapter and all other applicable ordinances of the city, including the city zoning ordinance, and requirements of the state, then upon payment of the required fee, a license shall be issued.
G. Records And Reports: Every licensee shall keep and maintain such records and make such reports to the city as it may reasonably require upon such forms as it may prescribe.
H. Structural Requirements: Every room in a day or night care center or home to be used for the care of children shall be adequately ventilated and shall be in conformity with the building provisions of this code applicable thereto. Each such center or home shall be adequately supplied with hot and cold water and toilet facilities within the building or part of the building used for such purposes. There shall be provided a well-ventilated room or compartment for the storing of the outer garments of the children.
I. Sanitary Requirements: No greater number of children shall be cared for at one time than is specified in the license. All furnishings and equipment of the center or home shall be kept clean and sanitary at all times. The common use of washcloths, towels, bed linen, combs, toothbrushes and drinking cups is prohibited. The mattresses or underblankets of the cribs or beds must be protected by rubber or oilcloth, and they shall be kept clean and in a sanitary condition at all times. Each bed or crib shall be so placed that there will be a space of one foot (1') on all sides except where the head or one side of the bed may touch the wall. Children not of common parents may not occupy the same bed at the same time.
J. Reports: Every person conducting or operating a day or night care center or home shall report to the health officer at once, both by telephone and by mail, all cases and suspected cases of contagious, epidemic or communicable diseases. The report shall give the names and addresses of persons so afflicted, and such other information as may be required by the health officer, or may aid in eradicating such diseases.
K. Inspection: It shall be the duty of the health officer to inspect day or night care centers or homes as often as he shall deem necessary for adequate supervision of the same, or whenever he shall have received a complaint of two (2) or more persons that any such facility is not managed in compliance with the provisions of this code or for the best interests of the children received therein. The health officer is hereby given the right to enter or cause to be entered all such places for the purpose of making inspections.
L. Penalty: Any person violating any of the provisions herein shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be guilty of any such violation.
M. Summary Action: Whenever an inspection of a day or night care center or home discloses that such center or home is in violation of city codes and poses an immediate and serious menace to public health and safety, the city is hereby authorized to revoke registration and to close such home forthwith.
N. State Regulations Adopted: The requirements of the childcare act of 1969 as amended 4 are adopted by reference as part of this chapter including sections 17 and 18 5 . The rules and regulations of the state of Illinois department of children and family services entitled licensing standards-day and night care centers effective January 1, 1978, and those applicable to daycare homes are adopted by reference as part of this chapter. Three (3) copies of both referenced rules and regulations are to be kept on file in the office of the city clerk. It is further provided, however, that for the purposes of this chapter, the term "day- or nightcare center" shall include: childcare centers which exclusively serve, or that portion of the center which serves, handicapped children between the ages of three (3) and twenty one (21) and which are registered and approved as meeting standards of the Illinois office of education and applicable fire marshal standards. (Ord. 87-56-0, 11-11-1987)
DRY CLEANERS
Dry Cleaning: The business of keeping or using more than two (2) gallons of gasoline, naphtha, benzine or other volatile inflammable fluids for the purpose of cleaning or renovating any clothing or articles of wearing apparel or any fabric of any kind, for profit or hire.
Dry-Cleaning Outlet: The business of calling for or delivering wearing apparel or other articles which are cleaned or renovated in or from any store where the dry cleaning is not actually engaged in or carried on in the premises. (1970 Code §8-10-A.01)
A. License Required: See section 3-1-1 of this title. This includes dry-cleaning establishments or dry-cleaning outlets. (1970 Code §8-10-A.02)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Posting License: The license required hereunder shall be posted in a conspicuous place in the office or room, if any, where the business with customers is transacted. (1970 Code §8-10-A.04)
2. Inspection Of Premises: It shall be the duty of the health officer to inspect each dry-cleaning establishment and dry- cleaning outlet at least once every six (6) months and to report to the city council any conditions in such establishment or outlet which shall constitute a hazard to health or a danger with respect to fire conditions. (1970 Code §8-10-A.05)
EXPLOSIVES
A. License Required: See section 3-1-1 of this title. This includes the selling or giving away of any loaded paper shells, metallic shot, loaded cartridges, blank cartridges, percussion caps, primers, detonators, or any other explosives. (1970 Code §8-11.01)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Investigation: Upon receipt of an application for such license, the city clerk shall cause to be made an investigation by the chief of police, or some person duly authorized by him, for the purpose of ascertaining whether the place at which it is desired or intended to keep, sell, offer for sale, or give away any of the aforementioned items is so situated that it would not constitute a nuisance or be a menace to the safety of the public or of adjoining property, and also whether the conditions under which such items are to be kept or handled shall be such as to provide the maximum safety. (1970 Code §8-11.03)
2. Bond: Each applicant for a license hereunder shall furnish and file with the city clerk a bond with good and sufficient surety, conditioned for the payment of any loss, damage or injury resulting to persons or property by reason of the sale or keeping of such items, and for the strict observance of the provisions hereof relating to explosives and items referred to in subsection A above. Said bond shall be subject to the approval of the city council. (1970 Code §8-11.04)
3. Storage Of Explosives: No explosive shall be stored in any building other than a magazine. Magazines for the storage of explosives shall be constructed in accordance with accepted engineering and construction practices for such buildings. (1970 Code §8-11.05)
4. Heating Of Explosives Prohibited: All thawing of frozen explosives by means of artificial heat from any source is prohibited within the city limits. (1970 Code §8-11.06)
5. Care And Designation Of Magazines: All magazines shall at all times be in the care of a competent employee whose duty it shall be to see that no unauthorized person has access to them. Said employee shall have no other duty that will interfere with his careful supervision of such magazine or thaw house.
All magazines shall be painted bright red, with the words "MAGAZINE--DANGER" painted thereon in white letters on a black background. Such letters shall be at least six inches (6") high.
Only persons authorized shall be permitted to have access to magazines, which shall be kept securely locked when not open for the introduction or removal of explosives or for inspection by duly authorized officers of the city. (1970 Code §8-11.07)
6. Permit And Fee: Every person engaged in, as principal, or connected with, any activity involving explosives shall make an application to the city clerk for a permit to keep explosives, giving at the time, in writing, the name of the licensee, location of the office or place of business, occupation, proposed location of the magazine, together with plans and descriptions of the construction of such magazine, the quantity and kind of explosives proposed to be kept therein, and the name of the employee authorized to enter said magazine.
If after inspection by the building commissioner, the proposed location of the magazine shall be satisfactory, upon the payment by such applicant of the required inspection fee, the city clerk shall issue to such applicant a permit to locate the magazine at the location given in such application. (1970 Code §8-11.08; amd. 1986 Code)
7. Moving Of Magazines: It shall be unlawful for any licensee to move or cause to be moved any magazine, after having received a permit for the use of the same, until such licensee shall make a new application to the city clerk for permission so to do and shall have secured a permit for such purpose, and every application for such permit shall specify the place at which it is desired to locate the magazine proposed to be moved. (1970 Code §8-11.09)
8. Prohibited Sales: The sale of the following explosives are hereby prohibited:
a. Liquid nitroglycerin, except for medicinal purposes.
b. Explosives containing chlorate of potash, perchlorate of potash, and picric acid, except as used in blasting caps; provided, however, that any explosive containing chlorate of potash may be sold if it first conforms to the following test: such mixture must be able to withstand a glancing blow inflicted with a rawhide mallet or soft wood without in any manner exploding, and also such mixture must be made so as not to reduce the chlorate.
c. Nitroglycerin dynamite containing over sixty percent (60%) of nitroglycerin, or gelatine dynamite equal in strength to over seventy five percent (75%) of nitroglycerin dynamite.
d. Blasting caps containing less than nine and one-half (91/2) grains of explosive mixture, at least eight percent (8%) fulminate of mercury and twenty percent (20%) chlorate of potash, or its equivalent detonating strength.
e. Any fulminate of mercury in a dry condition.
f. Any fulminate of other metals in any condition except as a component of articles not otherwise prohibited.
g. Any fireworks which combine an explosive and a detonator. (1970 Code §8-11.10)
9. Minors: It is hereby declared to be unlawful for any person to sell, deliver or give to any person under eighteen (18) years of age any of the items set forth in subsection A hereof. (1970 Code §8-11.11)
FILLING STATIONS
Filling Station: Any establishment within the city where a container or tank, either portable or stationary, contains either carbon disulphite, gasoline, naphtha, benzol, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine, or other inflammable liquids, having a flash point below one hundred sixty five degrees Fahrenheit (165°F), is kept or located for the purpose of selling, offering for sale, or distribution of any such liquids from such container or tank; but the provisions hereof do not apply to any place where such inflammable liquids are kept or sold for medicinal purposes only. (1970 Code §8-12.01, as amended)
Self-Service Gas Stations:
Authorized Attendant: The owner, employee or agent, who is authorized by the licensee to dispense gasoline and other motor fuels.
Full-Service: That portion of the property where flammable and combustible liquids used as motor fuels are stored and dispensed in fuel tanks of motor vehicles by authorized service station attendants.
Island: The raised portion of the driveway upon which the dispensing equipment is located.
Self-Service: That portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed approved fuel dispensing equipment into fuel tanks of motor vehicles by persons other than the authorized service station attendant.
Split-Island Operation: The sale of flammable and combustible liquids used for motor fuel in service stations which shall be equipped with at least one complete set of approved equipment for dispensing motor fuels at both self- service and full-service islands. (1970 Code §8-12.13, as amended)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-12.02, as amended)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Examination Of Premises; Endorsement Of Application: Upon receipt of an application, the city clerk shall refer it to the building commissioner. The building commissioner, or some person authorized by him, shall examine the premises on which the filling station is to be operated and the facilities thereof and shall satisfy himself that the applicant will be able to comply with the provisions hereof and other ordinances of the city affecting the operation of filling stations. No license shall be issued to the applicant if the results of the foregoing inspection are unsatisfactory in any respect. After the foregoing inspection has been completed, the building commissioner shall endorse on the application his recommendation as to whether the license shall issue and thereupon forward the application to the city clerk. No license shall be issued by the city clerk until the issuance thereof has been recommended by the building commissioner. (1970 Code §8-12.03, as amended)
2. Transfer Of License: No license granted under the provisions hereof shall be assigned or transferred, nor shall any such license authorize any person other than the licensee named therein to do business or act under such license. (1970 Code §8-12.05, as amended)
3. General Regulations; Inspection: Each filling station shall be conducted and maintained in accordance with the provisions of this code and other ordinances of the city. Each filling station shall be inspected at least twice in every year by the building commissioner, or some person duly authorized by him, to make the inspection. It is the duty of the person making the inspection to see that the premises is maintained in compliance with this code and other ordinances of the city, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the council any violations of these provisions or other ordinances which may be discovered during the inspections. (1970 Code §8-12.06, as amended)
4. Requirements For Storage Of Flammable Liquids: Tanks or containers used in any filling station for the storage of any of the inflammable liquids named herein shall be free from leaks and shall be constructed in accordance with the provisions hereof, other ordinances of the city and the laws of this state. Except as otherwise permitted by ordinance, no tank for the storage of inflammable liquids in a filling station shall be located within any building. (1970 Code §8-12.07, as amended)
5. Accumulation Of Waste Creating Fire Hazard Prohibited: It is unlawful for any person to permit or maintain any accumulation of waste or other material which is combustible so as to create a fire hazard on any premises used as a filling station. (1970 Code §8-12.08, as amended)
6. Operation Only At Place Specified In License: No license issued under the provisions hereof shall authorize the maintenance of the business of a filling station at any but the location specified therein. (1970 Code §8-12.09, as amended)
7. Change Of Location: A duly licensed business may be conducted in a changed location without a new license being required if notice of the change of location is given to the city clerk at least two (2) weeks before the actual change is made and the new location and the facilities thereat comply with these provisions and other ordinances of the city bearing upon the operation of filling stations. (1970 Code §8-12.10, as amended)
8. Location Near School, Church Or Theater: No filling station shall be operated within two hundred feet (200') of any public theater or building used exclusively for school or church purposes. (1970 Code §8-12.11, as amended)
9. Storage Of Vehicles: No person operating a filling station which also services motor vehicles shall store any motor vehicle on the premises overnight, except in an enclosed building. (1970 Code §8-12.12, as amended)
10. Self-Service Gas Station Regulations: A gasoline station owner, employee or agent shall not permit any person who is not an authorized attendant to dispense flammable and combustible liquids used as motor fuels in a service station unless:
a. A sign is posted over each island, in letters not less than three inches (3") in height nor less than one and one-half inches (11/2") in width, indicating the type of service offered, i.e., full service or self-service. In the case of full service, the sign shall also indicate the types of services to be provided, i.e., pump gas, check oil and water, wipe windows.
b. A sign is placed in the driveway or individual signs are placed over the islands indicating the total price to be charged at the dispensing equipment for each grade of motor fuel sold in accordance with the following:
(1) Whole numbers shall be not less than three inches (3") in height and not less than one and one-half inches (11/2") in width and any fractions shall be not less than fifty percent (50%) of the whole numbers in both height and width.
(2) The price signs shall be placed in positions which are clear and conspicuous to consumers when observed from any reasonable customer position within the station and from the street area immediately adjacent to the station's driveways. (1970 Code §8-12.14, as amended)
FIRE EXTINGUISHER SERVICES
A. License Required: See section 3-1-1 of this title. (1970 Code §8-13.01)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Rules And Regulations: This license shall be subject to the applicable rules and regulations of the Pleasantview fire protection district as are from time to time in effect. (1970 Code §8-13.03; amd. 1986 Code)
2. Tags To Be Attached: Every standard fire extinguisher serviced shall have attached thereto a tag which clearly indicates the dates of inspection and recharging, the signature of the person performing the work, and the license number of the serviceman. (1970 Code §8-13.04)
FLORISTS AND SALES OF CHRISTMAS TREES
Florist: Any building, room, stand, enclosure, premises or place in the city operated, maintained or conducted for the sale, or offering or keeping for sale at wholesale or retail, any flowers, plants, trees or shrubs, of all varieties and descriptions.
A. License Required: See section 3-1-1 of this title. This includes florists and persons engaged in the business of selling Christmas trees. Florists who have been licensed as such for one year or more may sell Christmas trees without an additional license.
B. Fees: See section 3-1-13 of this title.
C. Special Requirements:
1. Regulations For Florists: Every establishment where the business of a florist is conducted or carried on shall be kept in a clean and sanitary condition. No decayed, decaying, unwholesome, contaminated or diseased flowers, plants, trees or shrubs shall be allowed to remain in or about such establishments, and such establishments shall be kept clear of rubbish and inflammable matter.
2. Christmas Tree Sales Restrictions:
a. Any person licensed to sell Christmas trees shall notify the city clerk within forty eight (48) hours after December 25 of each year that the sale of trees has terminated. The chief of police shall thereupon inspect the premises, and if he finds that all inflammable debris and material has been removed, the one hundred dollar ($100.00) deposit shall be returned to the licensee. If the inflammable material and debris remain on the premises, then the city clerk shall cause same to be removed and pay the cost of removal out of the one hundred dollar ($100.00) deposit; the balance, if any, shall then be returned to the licensee.
b. No stringer lights shall be allowed on the premises where Christmas trees are being sold.
c. No Christmas tree for sale, or other merchandise, may be stored, displayed or located in any parking stall. No Christmas tree for sale, or other merchandise may be displayed within the sight triangle adjacent to a public street.
d. Christmas tree sale lots, not licensed pursuant to a florists' business license, shall be valid for a maximum length of sixty (60) days. A Christmas tree sales lot license shall not begin prior to October 1 of the license year and shall not end past January 15 of the license year.
e. Christmas tree sale lots, not licensed pursuant to a florists' business license, may only be located in an empty lot of an existing and licensed business. (Ord. 11-12-0, 2-23-2011)
FOOD
See chapter 4 of this title, which includes the following:
Food delivery and dispenser vehicles
Ice cream parlors
Milk dealers
Refrigeration locker plants
Restaurants and drive-in restaurants
Vending machines
FOUNDRIES
See Manufacturing Establishments of this section.
FUNERAL HOMES
See Undertakers And Undertaking Establishments of this section. (1970 Code)
GARAGE SALES
Commercial Garage Sale - Special Event: Any garage sale by a business or for profit organization or any garage sale which takes place on commercial property shall be considered a commercial garage sale and regulated as a special event under section 3-3-1 of this title and section 8-5-13 of this code and shall comply with all applicable requirements therein.
Garage Sale: Any sale by any person, group or not for profit organization who engages in the selling of used or secondhand clothing, toys, sports equipment, furniture, fixtures, appliances, tools, automobile parts and equipment, or any other personal property of any nature whatsoever, when such sale is held on residential property, in a garage, basement, home or property owned by a not for profit organization located within the city.
A. License Required: None.
B. Fee: None.
C. Special Requirements:
1. Permit Required: It shall be unlawful for any person, group or not for profit organization to engage in a "garage sale" as defined herein without first obtaining a permit therefor from the city clerk. (Ord. 07-36-0, 10-24-2007)
2. Limitation On Garage Sales: No person, group or not for profit organization will be issued a permit for a garage sale at the same street address more than two (2) times in any one calendar year. A garage sale permit shall not extend for more than three (3) consecutive days during any week. (Ord. 15-24-0, 4-22-2015)
3. Garage Sale Signs:
a. Garage sale signs shall be freestanding, not affixed to any permanent sign, post, building, wall, vehicle, tree, bush, rock, structure, landscape feature, or similar item.
b. Garage sale signs shall not exceed six (6) square feet in area.
c. Each garage sale sign shall contain:
(1) The address of the sale, and
(2) The times and dates of the sale (as detailed on the permit application), and
(3) If the sale is conducted by a for profit or not for profit organization, the name of such organization.
d. Such signs shall not be illuminated.
e. No such garage sale sign shall be constructed in a manner that poses a hazard, such as, but not limited to:
(1) Sharp, pointed, jagged surfaces.
(2) Each garage sale sign shall be weighted, anchored, or attached to the ground in a manner to prevent wind damage.
f. No garage sale sign shall be posted more than one day prior to the first date of the sale, as shown on that sign.
g. Each garage sale sign shall be removed no more than twelve (12) hours after the ending time and date of the sale, as shown on that sign.
h. Penalties shall be per section 1-4-1 of this code. Any sign in violation of the requirements/regulations set forth herein shall constitute separate and individual violations.
4. Location Of Garage Sales:
a. A garage sale by any person or group may be held within any residentially zoned district as established by the zoning ordinance of the city on property owned by the person or group.
b. A garage sale by a not for profit organization may be held on property owned by that organization or its member(s). (Ord. 07-36-0, 10-24-2007)
GARAGES
Garage: Any building or structure used for the storing or parking of more than four (4) motor driven vehicles.
Storing And Parking: Includes, but shall not be limited to, the storing, parking or display of motor driven vehicles for sale, exchange or repair. (1970 Code §8-16.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-16.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
Inspections: All garages, as defined herein, shall be inspected by the building commissioner at least once every three (3) months to determine if the provisions of all applicable ordinances are being complied with. (1970 Code §8-16.04)
HOTELS
See Motels And Hotels of this section.
HOUSE MOVERS
A. License Required: See section 3-1-1 of this title. No person except a licensed house mover shall move any house or other structure within the city. (1970 Code §8-18.01, as amended)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Permit And Fee: Each licensed house mover shall, in each and every instance, before moving any structure, obtain a written permit to do so from the building commissioner and shall pay the requisite fee therefor. The building commissioner shall issue a permit stating specifically the conditions, the route and the time for the moving of any structure. The permit fee shall be thirty five dollars ($35.00) for each structure to be moved. (1970 Code §§8-18.03, 8-18.04, as amended)
2. Bond: Every person licensed hereunder shall, before receiving such license, deposit with the city clerk, a bond in the penal sum of ten thousand dollars ($10,000.00), with surety to be approved by the mayor and city council and conditioned to indemnify, save and keep harmless the city from any and all loss, costs, expense or liability of any kind whatsoever which the city may suffer or be put to or which may be recovered from it by reason of the issuance of such license or by reason of any act or thing done or neglected to be done under or by virtue of the authority given in such license. (1970 Code §8-18.05, as amended)
3. Public Liability Insurance: Every such person shall secure and maintain public liability insurance in an amount of not less than one million dollars ($1,000,000.00) to protect such person against all risk of damage or injury (including death) to property, including streets and other property belonging to the city, or persons, wherever located, in connection with the work to be performed. All insurance policies shall be issued by a company or companies authorized to do business in Illinois. Certificates of insurance evidencing such insurance endorsement shall be filed with the city clerk. No change or cancellation in insurance shall be made without the consent of the city council. (1970 Code §8-18.06, as amended; amd. 1986 Code)
4. Use Of Streets: Every house mover, while using any portion of the street, alley or sidewalk, shall cause at least one red light to be placed in a conspicuous place in front and one in the rear of any structure being moved, or any other obstruction placed in the street, alley or sidewalk by a house mover. (1970 Code §8-18.07, as amended)
5. Pavements: Every house mover shall leave all streets, alleys or sidewalks over which he has moved any building in as good condition as they were before being so used by him and shall strictly comply with the terms of his permit. (1970 Code §8-18.08, as amended)
6. Inspections: It shall be the duty of the chief of police to make or cause to be made such inspections as may be necessary to ensure compliance with these provisions. (1970 Code §8-18.09, as amended)
IMPORT FACILITATORS
Import Facilitators: Any person, firm or corporation that prepares and processes the necessary documentation for the importation of goods sold by overseas manufacturers to domestic persons, firms, or corporations. Import facilitators shall neither manufacture nor sell the goods for which they facilitate importation.
A. License Required: Any person, firm or corporation engaged in operating as an import facilitator within the city of Countryside shall secure and maintain a current import facilitator's license upon application to the city clerk's office. See section 3-1-1 of this title.
B. Fee: See section 3-1-13 of this title.
C. Special Requirements: Any import facilitator licensed hereunder shall secure and maintain current licenses and/or permits as may be required by any governmental agency exercising jurisdiction over it, and the city shall have the right at any time to require presentation of proof of such license(s) and/or permit(s), and to revoke the license of any import facilitator that fails to produce such proof within five (5) days from receipt of a request to do so. (Ord. 04-29-0, 7-28-2004)
ITINERANT MERCHANTS
A. Definition:
Itinerant Merchant: Any person or persons, firm or corporation, either principal or agent, employer or employee, who, within the limits of the city conducts a temporary or transient business with the intention to solicit, sell, barter, take orders for, or offer to sell any goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; and
1. Go from house to house or from business to business within the city for such purpose; and/or
2. Conducts business without having ownership or legal tenancy of a permanent structure within which to conduct business and provide customers with protection from the elements and with appropriate sanitation facilities. Such structure shall be properly zoned for the business being conducted and shall comply with all building, plumbing, and electrical codes, and other city code requirements. Such structure shall be occupied during business hours by the owner or an authorized tenant, agent or employee, and shall be connected to, and approved to receive, all public utilities, and shall provide all off street parking required by the city of Countryside code, unless otherwise regulated by this code.
B. Itinerant Merchants Prohibited: It shall be unlawful for any person to engage in or conduct the business of an "itinerant merchant" or an itinerant vendor of merchandise, as defined above, within the corporate limits of the city. This prohibition shall not apply to persons or groups of persons who seek to disseminate information or raise funds, pursuant to their first amendment right of free speech, and as an incident thereto, sell or give away articles of property or literature.
C. Special Temporary Permit For Seasonal Sales: This prohibition shall not apply to persons who are selling seasonal items, such as plants/flowers or Christmas trees and who request and obtain a special temporary permit for seasonal sales, provide the city with a five thousand dollar ($5,000.00) cash bond and proof of a sales tax number evidencing the city as the recipient of the sales tax produced at the location within the city.
D. Penalty: Any person in violation of the above shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 07-30-0, 8-22-2007)
JUKEBOXES
Jukebox: Any mechanical machine or device, the operation of which is governed or controlled by the deposit of a coin or token, capable of producing or reproducing any vocal or instrumental sounds; a coin operated phonograph. (1970 Code §8-20.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-20.02)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Application For License: The applicant shall set forth the description of the jukebox intended to be kept for use on his premises on the application for license. (1970 Code §8-20.03)
2. Transfer Of License: No license issued to any person shall be transferable. (1970 Code §8-20.05)
3. Offensive Acts Prohibited: No license issued hereunder shall permit the operation of any jukebox at any place or in any manner which will disturb the peace and quiet of persons outside the licensed premises. No "obscene" selections as defined in subsection 4-2-4-4B of this code shall be played on any such instrument. (1970 Code §8-20.06)
LAUNDRIES
Laundry: An establishment which is used for the purpose of washing, drying, starching or ironing wearing apparel, household linens or other washable fabrics, for the general public. "Laundry" shall include any private laundry maintained or operated in connection with any hotel, restaurant or public institution, except a hospital or charitable institution where no charge is made for laundry services. (1970 Code §8-21.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-21.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Sleeping In Laundries: It shall be unlawful for any person to sleep in any laundry. No laundered or unlaundered article belonging to the trade of any laundry shall be stored or kept in any room which is used for living purposes. (1970 Code §8-12.04)
2. Sanitary Requirements: Every room or place used as a laundry or for the storage of unlaundered or laundered articles in connection therewith shall be kept in a clean and sanitary condition and shall be kept free from vermin and all matters of an infectious or contagious nature. (1970 Code §8-21.05)
3. Employees, Health: No person who has any communicable or infectious disease shall work in any laundry, and no owner or operator of any laundry shall knowingly permit such person to be employed therein. (1970 Code §8-21.06)
4. Vapors: Vapors, smoke or odors emanating from any laundry shall not be permitted to become a nuisance to any portion of the premises in which it is located, nor to any adjoining or nearby premises. (1970 Code §8-21.07)
5. Sprinkling Restrictions: It shall be unlawful for any person employed in a laundry to sprinkle any article with water or other liquid substance ejected from the mouth, or coming in contact with the mouth. (1970 Code §8-21.08)
6. Inspections: It is the duty of the health officer to inspect or cause to be inspected every establishment licensed hereunder at least once every six (6) months. The health officer may require any person employed in a laundry or working in and about such premises to produce a certificate from a reputable physician showing that these provisions are being complied with. (1970 Code §8-21.09; amd. 1986 Code)
LAUNDROMATS
Laundromat: An establishment, having within such premises one or more automatic washing machines which are rented, leased or hired out to any member of the public for a consideration, and for use upon such premises. (1970 Code §8-22.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-22.02)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Attendant Required: There shall be present in every laundromat an attendant during the hours of operation. No person shall act as an attendant unless he shall have the following qualifications:
a. Be of legal age and good moral character.
b. Be able to speak and understand the English language.
c. Be familiar with the operation of the machine. (1970 Code §8-22.04)
2. Sanitary Requirements: Every room or place used as a laundromat shall be kept in a clean and sanitary condition and shall be kept free from vermin and all matters of an infectious or contagious nature. (1970 Code §8-22.05)
3. Employees, Health: No person who has any communicable or infectious disease shall work in any laundromat, and no owner or operator of any laundromat shall knowingly permit such person to be employed therein. (1970 Code §8-22.06)
4. Vapors: Vapors, smoke or odors emanating from any laundromat shall not be permitted to become a nuisance to any portion of the premises on which it is located, nor to any adjoining or nearby premises. (1970 Code §8-22.07)
5. Inspections: It is the duty of the health officer to inspect or cause to be inspected every establishment licensed hereunder at least once every six (6) months. The health officer may require any person employed in a laundromat or working in and about such premises to produce a certificate from a reputable physician showing that these provisions are being complied with. (1970 Code §8-22.08; amd. 1986 Code)
LIMOUSINE SERVICES
See chapter 7, article B of this title.
LIQUOR CONTROL
See chapter 5 of this title.
LOTTERIES AND RAFFLES
See chapter 6 of this title.
LUMBERYARDS AND LUMBER STOREHOUSES
A. License Required: See section 3-1-1 of this title. Included hereunder, but not limited hereby, shall be all lumberyards, lumber storehouses, and other places where new, used, finished or unfinished lumber, timber, wood (except firewood), wooden boxes, wooden barrels, veneers, plywoods, flex woods and the like, are kept, placed, stored or piled for sale or use, other than lumber for use in the repair, erection or construction of buildings or improvements incident to the land where so kept, placed, stored or piled or on the premises immediately adjacent thereto. (1970 Code §8-24.01)
B. Fee: See section 3-1-13 of this title.
1. Said fee is required for each lumberyard, lumber storehouse or each separate place, location or premises where lumber or any of the aforementioned wooden articles are kept, stored or piled. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Location: It shall be unlawful for any person to establish within two hundred feet (200') of a school, church or institutional building, a lumberyard where lumber or any of the aforementioned wooden articles are sold or stored. (1970 Code §8-24.03)
2. Fire Regulations: Any person who shall conduct or operate a lumberyard or lumber storehouse or shall store or pile lumber or any of the aforementioned wooden articles, shall be subject to all applicable fire regulations of this code and to all penalties for violations thereof. (1970 Code §8-24.04)
3. Inspection: Each lumberyard or lumber storehouse shall be inspected at least twice in every year by the building commissioner or some person duly authorized by him to make the inspection. It is the duty of the person making the inspection to see that the premises is maintained in compliance with these provisions and in compliance with all applicable fire regulations of this code, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the council any violations of the provisions of this code which may be discovered during the inspection. (1970 Code §8-24.05)
MACHINE SHOPS
See Manufacturing Establishments of this section.
MANUFACTURING ESTABLISHMENTS
Chemical Or Paint Factory And Warehouse: Any factory, building, warehouse, place or establishment where soda, soda ash, salt, sal soda, bicarbonate of soda, caustic soda, alcohol, ether, essential oils, carbonic acid, gas, chlorine, aniline, benzine, perfumes, toilet preparations, coal-tar chemicals, inks, dyes, bluing, washing powders, lye, boiler compounds, disinfectants, fertilizers, insect powders, condition powders, furniture polish, shoe polish, metal polish, cleaning compounds, fireworks, gunpowder, dynamite and other explosives, photographic chemicals, glycerin, drugs, medicines, ointments, proprietary or patent medicines, paints, pigments, linseed oil, turpentine, drying oils, paint removers, shellac, varnish, enamels, calcimine, wallpaper cleaners, putty, or any other chemicals, paints, oils, medicines, drugs, toxic materials or substances or similar materials or preparations, are made, manufactured, mixed, compounded, purified, prepared or stored for commercial purposes. (1970 Code §8-25.13)
Foundry: Any place or establishment where iron, copper, brass, zinc, lead, aluminum, bronze alloys, or any other metal or metals are poured, molded or cast for building, agricultural, mechanical or other industrial or commercial purposes. (1970 Code §8-25.01)
General Manufacturing And Warehousing: Any factory, building, warehouse or distribution establishment where products are manufactured, stored or distributed for industrial or commercial purposes, including, but not limited to, manufacture, packaging and/or distribution of wood, floral, plastic, metal or other material products not specifically designated elsewhere; manufacture, packaging and/or distribution of food, drug or related consumable products; manufacture, packaging or distribution of printed materials; commercial storage, sales and service of manufactured goods; technical, service and training centers related to such manufactured goods. (1986 Code)
Machine Shop: A workshop in which machines are made or metal parts thereof are repaired, or where parts of machines, or tools, implements, gears, dies, screws, or other metal articles are cut, filed, shaped, punched, stamped or repaired, by means of a lathe or other machinery. (1970 Code §8-25.07)
A. License Required: See section 3-1-1 of this title. This includes the following businesses: general manufacturing and warehouses, chemical or paint factories and warehouses, foundries, and machine shops. (1970 Code §§8-25.02, 8-25.08, 8-25.14; amd. 1986 Code)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Noise: It shall be unlawful to maintain, within two hundred feet (200') of any residence, a foundry or machine shop wherein pneumatic hammers or other apparatus are used which cause loud or unusual noises. (1970 Code §§8-25.04, 8-25.10)
2. Sanitary Requirements:
a. Chemical Or Paint Factories And Warehouses: Every chemical or paint factory or warehouse shall be kept in a clean and sanitary condition. All measures which, in the opinion of the health officer, are necessary shall be taken to properly safeguard the lives and health of all persons employed in such establishments. All necessary appliances and devices shall be installed to prevent the emission of obnoxious fumes, odors or dust, and provision shall be made to prevent the occlusion or obstruction of the drains or sewers through which the sewage or waste of such an establishment is discharged.
In every such chemical or paint factory or warehouse where the employees are permitted to eat on the premises, a suitable place shall be provided for that purpose and every such place so provided shall be kept thoroughly clean and proper receptacles shall be furnished for the collection of refuse. Sufficient and separate water closets shall be provided for male and female employees, and such water closet compartments shall be properly ventilated. (1970 Code §8-25.16)
b. Foundries: No building, structure, yard, lot or part thereof used for, or in connection with any foundry, shall be so used as to endanger the health or property of the employees or of the public.
The owner, lessee, tenant, occupant or manager of any foundry shall cause all ashes, cinders, slag, rubbish, sand, dirt and all foundry waste and refuse to be removed to some proper place, so that the same shall not accumulate at, in or on the buildings, structures, yards or parts thereof, and so that the same may not become filthy, offensive or detrimental to the public health; nor shall such owner, lessee, tenant, occupant or manager permit any cinders, slag or foundry waste to be so used, deposited or disposed of, so that gas or gases shall emanate therefrom which might become offensive or detrimental to health.
All such places shall be kept in a clean condition, free from the effluvia of a sewer, drain or other nuisance; also free as far as practicable from all gases, vapors, dust or other impurities generated by manufacturing processes or otherwise which are injurious to health; and adequately heated, ventilated and lighted. (1970 Code §8-25.05; amd. 1986 Code)
c. Machine Shops And All Other General Manufacturing Establishments: No building, structure or part thereof used for or in connection with any machine shop or other general manufacturing establishment shall be so used as to endanger the health or property of the employees or of the public. The owner, lessee, tenant, occupant or manager of any such machine shop shall cause all floors and other surfaces around or beneath any machine or work surface to be kept in good order and repair and shall have suitable and convenient sanitary receptacles for receiving waste and cloths used in and about the facility for the purpose of cleaning machines, equipment or parts thereof or which are intended for any other necessary use. Such owner, lessee, tenant, occupant, or manager shall not permit any steel cuttings, machine parts or other such debris to accumulate on or about any machine or workbench so that the same may become detrimental to the health or safety of any person therein engaged.
In every such facility where the employees are permitted to eat on the premises, a suitable place shall be provided for that purpose, and every such place so provided shall be kept thoroughly clean and proper receptacles shall be furnished for the collection of refuse.
All such places shall be kept in a clean condition, free from the effluvia of a sewer, drain or other nuisance; also free as far as practicable from all gases, vapors, dust or other impurities generated by manufacturing processes or otherwise which are injurious to health; and adequately heated, ventilated and lighted. (1970 Code §8-25.11; amd. 1986 Code)
3. Inspections: It shall be the duty of the health officer to make investigations in order to determine whether the building or place within which any such business listed in subsection A above is conducted or is to be conducted complies with all the provisions of this code relating to health, safety and sanitation and buildings and applicable fire prevention regulations 6 . (1970 Code §§8-25.06, 8-25.12, 8-25.17; amd. 1986 Code)
MOBILE HOME PARKS
See chapter 8 of this title.
MOTELS AND HOTELS
Motel Or Hotel: Every building, structure or any part thereof used or held out to the public to be a place where sleeping accommodations are furnished or maintained for twenty (20) or more persons for a period of one day or more. (1970 Code §8-26.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-26.02)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Transfer Of License, Fee: Any license issued hereunder shall not be transferred without the written authority of the city clerk or such other person designated to issue licenses, and a transfer fee in the amount of fifty dollars ($50.00) charged therefor. (1970 Code §8-26.04)
2. Good Moral Character: The city council may deny issuance of such license to any person who is not of good moral character, and any person who shall have been found guilty by a court of competent jurisdiction of any offense denoting moral turpitude may be, prima facie, assumed to be of bad moral character. (1970 Code §8-26.05; amd. 1986 Code)
3. Building Construction: Every building, structure or any part thereof constructed, altered or remodeled for use as a "motel or hotel" as herein defined shall comply fully with the applicable provisions of the building code and zoning ordinance of the city 7 . (1970 Code §8-26.06)
4. Supervision And Maintenance:
a. Each establishment shall maintain an office, lobby or other room which shall be available for the registration of guests.
b. Each establishment shall have at least one competent attendant or caretaker available at all times. It shall be his duty to receive and deliver telephone messages and mail, to maintain the premises, facilities and equipment in a clean, orderly and sanitary condition and free from rodents and vermin.
c. Each establishment shall keep a register of all transient guests. This register shall contain the name, legal residence, make of car, car license, number and names of persons occupying the room, the number of the room assigned to each guest and the date of arrival and departure. The register shall be available for inspection by law enforcement officers for a period of not less than three (3) years.
d. All floors in the bathrooms shall be thoroughly washed and disinfected for each incoming guest.
e. All areas shall be kept free from rubbish, litter and inflammable materials at all times, and no inflammable liquids or chemicals shall be kept on the premises unless the same are in a special room so designed and constructed to be fireproof.
f. All sheets, towels and other linens furnished for each accommodation unit shall be clean and freshly laundered for each incoming guest.
g. Paper cups in proper dispensers shall be provided in each accommodation unit. If drinking glasses are furnished in lieu thereof, they shall be washed and sterilized for each incoming guest.
h. The entire establishment shall be operated in such a manner as to provide clean, wholesome accommodations to the guests at all times. Without limiting the generality of the foregoing, it shall be the duty of the operator of the establishment to keep the furniture, furnishings and equipment and the premises as a whole in a good state of repair and maintenance.
i. In any accommodations where cooking facilities are provided, flyproof and metal containers shall be supplied for garbage and refuse and it shall be the duty of the motel operator to promptly remove and dispose of such garbage and refuse.
j. Any area or premises of the motel or hotel open to use by the public or by all persons staying in or being accommodated in the said motel or hotel shall be kept adequately lighted at nighttime; provided, that such lights shall be so shaded or regulated so as to prevent them from shining upon any adjacent premises.
k. Each room, including the bathroom, shall have facilities to keep such room at a minimum temperature of not less than sixty degrees (60°) between October 1 and May 15 of each year.
l. For each two thousand five hundred (2,500) square feet of floor area on each floor, one 21/2-gallon soda and acid approved type fire extinguisher or an approved wet water type extinguisher shall be available, but in no event shall there be less than one fire extinguisher on each floor. (1970 Code §8-26.07)
5. Rate Notices: Printed notices shall be posted in each room giving the established rate for said room for one or more persons, and it shall be unlawful to charge a rate in excess of such rate; provided however, that nothing herein contained shall prohibit the motel or hotel from establishing other or different rates during seasonal periods and nothing herein contained shall prevent the proprietor from changing such published rates from time to time. Such notices shall also prescribe any reasonable rules and regulations of the establishment, not in conflict with any statute or regulation of the state or city ordinances in such case made and provided. (1970 Code §8-26.08)
OUTDOOR STORAGE CONTAINER RENTAL OR USE
Outdoor Storage Container: A large container used for freight or storage, a large cargo carrying standard sized container that can be loaded from one mode of transport to another, also called a cargo container, intermodal container, freight container, or sea container.
Not included is a PODS (portable on demand storage) or PCPSFs (portable containerized property storage facility) which are portable or temporary storage units intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit, with the understanding that such items, after a period of time for loading, will be moved to a commercial storage facility.
A. License Required: See section 3-1-1 of this title.
B. Fee: See section 3-1-13 of this title.
C. Special Requirements:
1. Number: Outdoor storage containers are limited to three (3) containers per lot, and so long as the containers are screened from public right of way.
2. Inspections: All storage containers as defined herein, shall be inspected by the building commissioner or his/her designee at least once every twelve (12) months to determine if the provisions of all applicable ordinances are being complied with.
a. Each license shall include one inspection for compliance at no additional cost. No unused inspections or reinspections will be refunded if the storage container is removed or its use discontinued.
b. The fee for each additional reinspection for correction of violations shall be:
(1) Fifty dollars ($50.00) per container with remaining uncorrected violation(s). (Ord. 12-35-0, 5-23-2012)
PARKING LOTS
Parking Lot: Any lot, parcel or yard used in whole or in part for storing or parking more than four (4) motor driven vehicles; excluding, however, places where motor driven vehicles are stored or parked within a building.
Storing And Parking: Includes, but is not limited to, the storing, parking or display of motor-driven vehicles for the purpose of sale or exchange. (1970 Code §8-28.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-28.02)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
The above license fees shall be subject to the following provisions:
1. The license fee shall in no event exceed three hundred dollars ($300.00) for any one lot.
2. The license fee shall in no event be less than two hundred dollars ($200.00) in those cases where a parking lot is used for the sale or exchange of motor-driven vehicles, except in those cases where the applicant has obtained a license as a garage used for the sale and exchange of motor-driven vehicles.
3. Where the parking lot is used exclusively for the sale and exchange of motor-driven vehicles and the applicant has obtained a license as a garage for the sale and exchange of motor-driven vehicles, the license fee shall be one hundred dollars ($100.00).
4. No license fee shall be charged in those cases where a parking lot is established by a landlord to provide off-street parking for the use of his residential tenants only.
5. No license fee shall be charged in those cases where a parking lot is maintained for off-street parking of employees, customers or clients, and no charge is made for the use thereof. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Application For License: Application for a parking lot license shall be made by the person intending to operate a parking lot, upon a form furnished by the city clerk, setting forth the following:
a. The name under which, and the place where, the parking lot is to be operated.
b. Whether the applicant is an individual, partnership or corporation; if an individual, the name and the business and residence address of the applicant; if a partnership, the name and the business and residences address of each partner; if a corporation, the name, state under which such corporation was organized, and the names and the business and residence addresses of the officers, managers in charge and directors thereof.
c. Whether the premises is owned or leased by the applicant, and if leased, the name and the residence and business address of each owner or part owner thereof.
d. The number of motor-driven vehicles which may at any one time be stored upon the premises.
e. The hours during which the motor-driven vehicles may be stored.
f. Whether premises are to be used for the sale or exchange of motor-driven vehicles.
g. Each application shall be accompanied by a plat or drawing of such parking lot showing the location, size, capacity, driveways, kind of ground surface, wall or fence surrounding the lot and any other details which the city clerk may require. (1970 Code §8-28.02)
2. Plat Or Drawing: One copy of the plat or drawing referred to in subsection C1g above shall be submitted to the building commissioner for his approval and one copy shall be submitted with the application for a license as required herein to the city clerk.
3. Application For License To Be Signed And Verified: Each application for a license required hereunder shall be signed and verified under oath by the applicant if an individual, or by a duly authorized agent, if a partnership or corporation. (1970 Code §8-28.05)
4. Barriers: All owners, operators or maintainers of parking lots shall maintain a substantial barrier on or adjacent to the property lines, and barriers shall be so located that no portion of any vehicle parked on a lot shall extend over the property lines. (1970 Code §8-28.06)
5. Sidewalk Maintenance: Each licensee having a license as required hereunder shall keep the sidewalks surrounding the parking lot free from dirt, ice, sleet and snow and shall keep the sidewalks in a safe condition for the travel of pedestrians.
6. Surfaces: Persons operating parking lots shall keep the same free from dust by frequent sprinkling or the use of calcium chloride or other means so that the same shall not become a nuisance to adjacent property owners or others.
7. Drainage: Parking lots shall be adequately drained. (1970 Code §8-28.08)
PAWNBROKERS
Pawnbroker: Any person who loans money on deposit or pledge of personal property, or who deals in the purchase of personal property on the condition of selling the same back at a stipulated price, or who makes a public display at his place of business of the sign generally used by pawnbrokers to denote their business, that is, "Three Gilt or More or Less Yellow Balls", or who publicly exhibits a sign of "Money to Loan on Personal Property or Deposit or Pledge". (1970 Code §8-29.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-29.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. License Issuance; Qualifications Of Applicant: The city council may, from time to time, grant licenses to such persons as shall produce satisfactory evidence of their good character to exercise or carry on the business of a pawnbroker. (1970 Code §8-29.03; amd. 1986 Code)
2. Transferability Of License: No license issued under these provisions shall be transferable to any person except upon the written consent of the mayor and city council. (1970 Code §8-29.05)
3. Records To Be Kept: Every pawnbroker shall keep a book in which shall be written at the time of each loan an accurate account and description in the English language of the goods, articles or things pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan and the name and residence of the person pawning or pledging such goods, articles or things. No entry made in such book shall be erased, obliterated or defaced. (1970 Code §8-29.06)
4. Memorandum Of Pledge: Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging anything, a memorandum or receipt, signed by him, containing the substance of the entry required to be made in his book by subsection C3 hereof. (1970 Code §8-29.07)
5. Books And Pledges Open To Inspection: The record book required by this subsection, as well as every article or thing of value pawned or pledged, shall be open to the inspection of any member of the police department. (1970 Code §8-29.08)
6. Dealing With Minors: No person licensed hereunder shall take or receive in pawn or pledge for money loaned, any property whatsoever from any person under the age of eighteen (18) years, or the ownership of which is in or which is claimed by any such person, or which may be in the possession or under the control of any such person. (1970 Code §8-29.09; amd. 1986 Code)
PEDDLERS
Peddling: The selling, bartering or exchanging, or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways or public places of the city or from house to house, whether at one place thereon or from place to place, from any vehicle what soever or from movable receptacles of any kind; but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items. Nor shall "peddling" be taken to include the solicitation of orders by sample where the goods are not delivered at the time the order is taken. (1970 Code §8-30.01)
A. Peddling Prohibited: All "peddling", as defined herein, is prohibited within the city. (1970 Code §8-30.02)
B. Penalty: Any person violating the provisions hereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (1970 Code §8-30.03; amd. 1986 Code)
PETROLEUM AND PETROLEUM PRODUCT DEALERS
A. License Required: See section 3-1-1 of this title. This shall not be construed to include or apply to dealers in petroleum and petroleum products who are licensed at the same place, location or premises under the provisions of this section licensing filling stations, in such a way as to require an additional license fee from persons so licensed hereunder for each vehicle used by them for the conveyance of petroleum and petroleum products. (1970 Code §8-31.01)
B. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Emblems For Vehicles: Said licensee shall obtain from the city clerk, at the time of the issuance and delivery of a license hereunder, as many serial number license emblems or stickers as are required, allotting one such emblem or sticker to each vehicle used by said licensee in connection with said business, which emblems or stickers shall have plainly imprinted or stamped thereon the words "Licensed Petroleum and Petroleum Product Dealer's Vehicle, City of Countryside". Similar additional emblems or stickers shall be issued and delivered to said licensee upon the payment of the required license fees therefor, for each vehicle that may be added to said licensee's equipment and used in connection with said business, at any time during the current year for which said license was issued.
The licensee shall place, or cause to be placed, such emblem or sticker, plainly exposed to public view upon the inside of the windshield of such vehicle. (1970 Code §8-31.03)
2. Special Regulations:
a. All places of business of petroleum and petroleum products dealers shall be kept in a clean condition, free from accumulations of rags, wastepaper, and other combustible waste materials.
b. Smoking shall be prohibited thereon.
c. Adequate toilet facilities shall be provided.
d. All such premises and all vehicles used in connection with the business of such dealers shall be conducted and operated in accordance with the provisions of this code and shall be inspected by the building commissioner or his duly authorized representative at least once every year.
e. It shall be unlawful for any such dealer to refill any fuel oil storage container or tank used in connection with an oil burning heater, boiler, or furnace, unless such storage container or tank is equipped with an automatic or return vent pipe, or unless the fill pipe of such storage container or tank is equipped with a screw or automatic cap. It shall be the duty of every such dealer, after filling or refilling any fuel oil storage container or tank, to replace the screw cap on such fill pipe, or if equipped with an automatic cap, to see to it that said fill cap is properly closed. (1970 Code §8-31.04)
PRECIOUS METALS PURCHASERS
Itinerant Purchaser Of Precious Metals: Any person, whether as owner, agent or employee, and whether a resident of the city or not, who engages in the business of purchasing "precious metals" as defined herein in the city, but who does not rent a store, loft, warehouse, office space or showroom by the year or holds less than a year's lease on any such space.
Local Precious Metal Dealer: Any person who engages in the business of purchasing "precious metals" as defined herein in the city, and who maintains a permanent place of business in the city, renting space therein by the year and holding at least a year's lease on such space.
Precious Metals: Includes, but is not limited to, gold, silver and platinum, in such forms as coins, rings, bracelets, necklaces, jewelry of all types, silverware, and any other item containing such precious metals with a retail value in excess of twenty five dollars ($25.00). (1970 Code §8-27.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-27.02)
B. Fee: See section 3-1-13 of this title.
1. However, any "local precious metal dealer" as defined herein who currently holds a valid business license from the city pursuant to the provisions of this title and who has paid the current fee therefor, is exempt from payment of the license fee provided herein. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Posting License: The license issued hereunder shall be posted conspicuously in the place where the business is to be conducted. (1970 Code §8-27.02)
2. Application For License: Applicants for license hereunder, whether a person, firm or corporation, shall file a written sworn application signed by the applicant, if an individual; by all partners if a partnership; and by the president if a corporation, with the city clerk, showing:
a. The name of the person having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the city, the local address of such person while engaged in such business; the permanent address of such person; the capacity in which such person will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated.
b. The place or places in the city where it is proposed to carry on the applicant's business, and the length of time during which it is proposed that said business shall be conducted.
c. The place or places, other than the permanent place of business of the applicant, where the applicant, within the six (6) months next preceding the date of said application, conducted an itinerant business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.
d. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the city clerk, copies of all said advertising whether by handbills, circulars, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto. (1970 Code §8-27.04)
3. Bond: Before any license, as provided hereunder, shall be issued for engaging in business as a purchaser of precious metals or precious metals dealer, as defined herein, such applicant shall file with the city clerk a bond running to the city in the sum of one thousand dollars ($1,000.00), executed by the applicant, as principal and two (2) sureties upon whom service of process may be made in the state, conditioned that the said applicant shall comply fully with all the ordinances of the city and the statutes of the state. (1970 Code §8-27.04)
4. Records: Every licensee hereunder shall keep a book in which shall be legibly written in ink at the time of each purchase an accurate account and description in the English language of the goods, articles, items or things purchased, the amount of money paid for each, the time of the purchasing the same, and the name and address of the person selling said goods, articles, items or things and the driver's license and social security number of the seller. In the event the seller does not have a current driver's license or social security number, two (2) other items of identification verifying the name, address and identity of the seller must be used and recorded. No entry made in such book shall be erased, obliterated or defaced.
It shall be the duty of every licensee hereunder to make out and deliver to the chief of police every day, before the hour of twelve o'clock (12:00) noon, a legible and correct copy from the book required in this subsection.
The said book, as well as every article or thing purchased, shall be at all reasonable times open to the inspection of any member of the city's police department. (1970 Code §8-27.06)
5. Resale Or Disposal Of Items Purchased: No coins shall be resold or changed in any manner for a period of twenty four (24) hours after purchase by any licensee. No other goods, articles, items or things containing precious metals shall be resold or changed in any manner for a period of seventy two (72) hours after purchase by any licensee. (1970 Code §8-27.06)
6. Purchases From Minors: No licensee shall purchase any goods, articles, items or things containing precious metals from any person under the age of eighteen (18) years. (1970 Code §8-27.07)
7. Report By Renter: The owner, proprietor or manager of any hotel, motel, store or building of any type shall report to the chief of police, within eight (8) hours after renting, the name of any person who shall rent a room or other space for the purchase of precious metals, giving the location of the room or space so rented.
RAFFLES AND LOTTERIES
See chapter 6 of this title.
RETAIL MERCHANTS
Retail Merchant: Any person or other entity, excluding those listed in the following paragraph, who sells at retail any tangible personal property within the city. (1970 Code §8-31A.01, as amended)
To the extent any persons or other entities engage in any of the following retail businesses, they are excluded from the definition of a "retail merchant" herein:
A. Any business which is otherwise regulated and licensed by this title.
B. Any business which is exempt from municipal regulation and licensing by 225 Illinois Compiled Statutes. (1970 Code §8-31A.02, as amended)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-31A.03, as amended)
B. Fees: See section 3-1-13 of this title.
1. For the purpose hereof, there shall be no difference between full-time and part-time employees. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Maintenance Of Premises:
a. No building or structure, or part thereof, used as the place of business of a retail merchant shall be used or maintained in a manner which will endanger the health or property of the employees or the public. The licensee shall cause all floors, walls, ceilings, fixtures and displays to be kept in good repair and shall have suitable and convenient sanitary receptacles for receiving waste in and about the premises. The licensee shall not permit any debris to remain or accumulate on the floors or counters so as to be detrimental to the health and safety of those on the premises.
b. In every retail merchant's place of business where employees are permitted to eat on the premises, a suitable place shall be provided for that purpose and shall be kept thoroughly clean and proper receptacles shall be furnished for the collection of refuse.
c. Sufficient and separate toilet facilities, properly ventilated, shall be provided for male and female employees. In the absence of additional separate toilet facilities for male and female members of the public, such employee facilities shall be made available to the public at all times during which the licensee is open for business. All such facilities shall be maintained in a clean and sanitary condition.
d. It is the responsibility of the licensee to see that all requirements of this subsection are met. (1970 Code §8-31A.05, as amended)
2. Inspections: It is the duty of the health officer to make timely and adequate investigations in order to determine whether each licensee's business is conducted in a manner which complies with all provisions of this code relating to health, safety and sanitation and applicable fire prevention regulations 8 . (1970 Code §8-31A.06, as amended; amd. 1986 Code)
ROOMING HOUSES
Rooming House: A building or portion of a building other than a hotel, motel, apartment hotel or residential hotel, in which sleeping accommodations not constituting an apartment are furnished at a fee for four (4) or more persons ordinarily renting such accommodations at a specified rate for a specified time, and occupying the premises as a permanent place of abode rather than on a transient basis for a short- term period of occupancy. (1970 Code §8-32.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-32.03)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. License Issuance, Nontransferable: Such license shall be issued only to persons of good moral character and shall not be transferable. (1970 Code §8-32.03)
2. Necessary Information, Floor Plan: The applicant for a license required hereunder shall file with his application, a plan of each floor of the building, which plan shall be drawn to a scale of not less than one-quarter inch to the foot (1/4" = 1') showing all fire escapes, stairs, halls, location and size of all windows, the location and size of habitable rooms and the exits of each floor, and a statement in writing, showing the number of persons proposed to be accommodated or allowed on each floor, and the intended use of every room in the building must be written in on the plans submitted. Upon receipt of the application and plans referred to in this subsection, it shall be the duty of the city clerk to submit such application and plans to the building commissioner and to the health officer, who shall each make an inspection, and no such license shall be issued by the clerk until he has received the written approval from each of the officials. (1970 Code §8-32.05)
3. Inspection Of Premises: At least once a year after such license has been issued as herein provided, or more often if deemed necessary and before the renewal of any such license to conduct, keep or operate any such rooming house, it shall be the duty of the building commissioner and the health officer to inspect the premises and determine that the provisions of this subsection are being complied with. (1970 Code §8-32.06)
4. Register: The landlord, proprietor, keeper, manager or clerk of every such "rooming house" as defined herein shall keep in the office, or other place therein, a register in which shall be entered the name and residence of every person who becomes a lodger, boarder or guest therein. Such register shall also show the number or location of the room or bed occupied by such person, the date of his arrival, and the period for which he engaged board or lodging. (1970 Code §8-32.07)
5. Building And Premises Requirements:
a. Building To Conform To Other Regulations: No house or building hereafter constructed or erected in the city shall be used as a rooming house, and no house or building heretofore erected and not now used for such purpose, or any building, house or portion thereof which is now used or intended to be used or occupied for rooming house purposes shall be converted into, used as or leased for a rooming house unless such building and every part thereof shall conform to the requirements hereof and to all other applicable requirements of the building, zoning and health ordinances of the city 1 . (1970 Code §8-32.02)
b. Exits: Each and every rooming house in the city housing persons on the third floor shall be provided with at least two (2) inside stairways leading from the ground to each floor providing habitable rooms; and each and every rooming house where less than three (3) stories are occupied shall be provided with two (2) inside stairways in all cases when occupied by more than five (5) persons on the second floor (including members of the family) or in all cases where the total number of persons housed in the building exceeds eight (8) (including members of the family). (1970 Code §8-32.08)
c. Toilet Facilities: In every rooming house, water closet, lavatory and bathing facilities shall be provided on each floor in the ratio of at least one water closet to every eight (8) occupants or fraction thereof. (1970 Code §8-32.09)
d. Air Space: No room in any rooming house shall be occupied as a sleeping room by any human being unless there are at least eight hundred (800) cubic feet of air space, exclusive of wardrobe and closet space, for each and every person occupying any such room. (1970 Code §8-32.10)
6. Light Housekeeping Prohibited: No person who shall keep, conduct, operate or maintain a rooming house shall permit the cooking or preparation of food or meals, the storage of food, or light housekeeping by any person occupying said rooms. (1970 Code §8-32.11)
SCAVENGERS
A. License Required: See section 3-1-1 of this title. This includes persons engaged in the business of scavenger or the collection or disposal of animal, human or vegetable refuse or offal within the city. (1970 Code §8-33.01)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Vehicle Condition And Restrictions: Any vehicle used by such scavenger in his business shall be watertight, and equipped with airtight covers for such portions as are used for the transportation of refuse. (1970 Code §8-33.03; amd. 1986 Code)
2. Refuse Disposal: It shall be unlawful for any scavenger to dispose of or to store any refuse in any place within the city limits or within one mile thereof, except with the permission of the mayor and city council. (1970 Code §8-33.04)
3. Inspection Of Vehicles: It shall be the duty of the health officer to inspect each vehicle used by such scavenger in his business at least once every six (6) months and to report to the city council any conditions of such vehicle which shall constitute a hazard to health. (1970 Code §8-33.05)
SECONDHAND DEALERS
Secondhand Dealer: Any person or other entity which carries on the business of buying and selling used, secondhand goods, including, but not limited to, antiques. (1970 Code §8-34.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-34.02)
B. Fee: See section 3-1-13 of this title.
1. Which shall include any setup or stall where more than one dealer exhibits secondhand goods in or at a single location or building. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Vehicles Prohibited: It shall be unlawful for any person to draw or drive, or procure to be drawn or driven, through the city streets, any vehicle whatsoever, for the purpose of collecting secondhand goods, including, but not limited to, junk, rags, old rope, paper or bagging, old iron, brass, copper, tin or other metals, or empty bottles. (1970 Code §8-34.04)
2. Records Required: Every keeper of a secondhand shop shall provide and keep a book in which shall be recorded at the time of every purchase, a description of the article so purchased, the name and residence of the person from whom such purchase was made, and the day and hour of the purchase. Said record book shall at all times be open to inspection of any member of the police department. (1970 Code §§8-34.05, 8-34.06)
3. Minors: It shall be unlawful for any secondhand dealer to purchase or receive any article from a person under eighteen (18) years of age. (1970 Code §8-34.07; amd. 1986 Code)
SERVICE MERCHANTS
A. Definition:
Service Merchant: Any person or other entity, except those excluded in the following paragraph, in the business of making sales of service within the city. (1970 Code §8-34A.01, as amended)
To the extent any persons or other entities engage in any of the following businesses, they are excluded from the definition of a "service merchant" herein:
1. Any business which is otherwise regulated and licensed by this title.
2. Any business which is exempt from municipal regulation and licensing by 225 Illinois Compiled Statutes. (1970 Code §8-34A.02)
B. License Required: See section 3-1-1 of this title. (1970 Code §8-34A.03, as amended)
C. Fees: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
D. Special Requirements:
1. Inspection: It is the duty of the health officer to make timely and adequate inspections in order to determine whether each licensee's business is conducted in a manner which complies with all provisions of this code relating to health, safety, sanitation and fire prevention 10 . It is the duty of each licensee to admit the health inspector into or upon the licensee's place of business, for the purpose of making such inspection, upon reasonable notice and at reasonable hours, when so requested. (1970 Code §8-34A.05, as amended)
2. Fraud Or Deceptive Practices: It shall be unlawful for any person or other entity operating as a service merchant to practice any fraud or deception of any sort, to make false pretenses of any kind, or to fail or refuse to honor any warranty or guaranty given in connection with services provided. (1970 Code §8-34A.06, as amended)
SIDEWALK SALES
A. Zones Allowed: Only in commercial zoning districts will a sidewalk sale be permitted. A sidewalk sale includes retail merchandise, art, crafts or plants for sale.
B. License Required: None.
C. Special Requirements:
1. Permit Required: It shall be unlawful for any person, group or business to engage in a sidewalk sale without first obtaining a permit from the city clerk.
2. Limitation On Sidewalk Sales: Sidewalk sales shall be limited to five (5) consecutive days in length, and limited to two (2) sidewalk sales per year.
3. Displays: Displays shall not encroach into required parking or yards and all displays shall be removed each night.
4. Sidewalk Sale Signs:
a. Sidewalk sale signs shall be freestanding, not affixed to any permanent sign, post, building, wall, vehicle, tree, bush, rock, structure, landscape feature, or similar item.
b. Sidewalk sale signs shall not exceed six (6) square feet in area.
c. Such signs shall not be illuminated.
d. No such sidewalk sale sign shall be constructed in a manner that poses a hazard, such as, but not limited to: sharp, pointed, jagged surfaces.
e. Each sidewalk sale sign shall be weighted, anchored, or attached to the ground in a manner to prevent wind damage.
f. No sidewalk sale sign shall be posted more than three (3) days prior to the first date of the sale, as shown on that sign.
g. Each sidewalk sale sign shall be removed no more than twelve (12) hours after the ending time and date of the sale.
5. Penalties: Penalties shall be per section 1-4-1 of this code. Any sign in violation of the requirements/regulations set forth herein shall constitute separate and individual violations. (Ord. 15-23-0, 4-22-2015)
SOLICITORS
Solicitation: Means and includes any one or more of the following activities:
A. Seeking to obtain orders either for immediate or future delivery for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever.
B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character.
C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
D. Seeking to obtain contributions on behalf of any charitable, civic, educational or religious organizations.
E. Advocating, arguing, supporting, defending, or in any other manner exercising one's right of free speech, with reference to any political, religious, philosophical, scientific, or other, idea, theory, philosophy, party, candidacy, government, or other concept or entity.
F. Going upon any premises and ringing the doorbell, knocking upon or near any door, or creating any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of engaging in any of the activities described in subsections A through E of this definition when undertaken by any person.
Provided, however, that the term "solicitation" shall not include any of the activities described in subsections A through F of this definition when undertaken by any person pursuant to a previous appointment or invitation, or when undertaken by a person under sixteen (16) years of age whether with or without a previous invitation. Nothing herein shall be construed to authorize the employment of persons under sixteen (16) years of age in violation of the provisions of applicable law.
A. Registration Required: It shall be unlawful for any person, organization or corporation to engage in business as a solicitor without first having registered in the office of the city clerk and obtained a permit for each person to solicit within the city of Countryside. Each registrant shall give the following submissions and information:
1. The name, address, and telephone number of the registrant and length of time at such address; also, the business address and business telephone number of the registrant;
2. The name, address and telephone number of the person, firm, corporation or association by whom the registrant is employed, or whom the registrant represents;
3. The names and addresses of the people organizing and supervising the solicitation;
4. The purpose(s) for which any solicited funds will be used;
5. The method to be used in conducting the solicitation;
6. The date and time when the solicitation is to take place;
7. Whether a permit previously issued to this applicant or organization under this chapter has ever been revoked;
8. Whether the registrant, organization, or organization's members who will be soliciting have ever been convicted of a violation of any provision of this chapter or any of the city's ordinances, or any solicitor's ordinance of any municipality;
9. Whether the registrant, organization, or organization's members who will be soliciting have ever been convicted of a felony under the laws of any state, and if so, the date of each such conviction, the nature of each offense, and the penalty assessed.
B. Permit Required:
1. Each person or persons soliciting for an organization or corporation that will solicit within the city shall complete a separate application, background check and each person shall pay to the city clerk a permit fee of one hundred dollars ($100.00). Such application will be submitted a minimum of ten (10) days prior to the date of solicitation. The permit fee shall be waived for any person soliciting on behalf of an entity registered with the state of Illinois as a charitable organization under 225 Illinois Compiled Statutes 460/2, provided that the applicant provide the city clerk with evidence of such registration, and proper documentation showing the registrant's affiliation with such entity.
2. Any permit may be revoked by the chief of police, at his discretion, for any violation by the registrant of this chapter or of any other ordinance of the city, or of any state or federal law. No permit issued will be valid for a period greater than thirty (30) days after the date of issuance and will expire automatically thirty one (31) days after issuance.
3. The city clerk shall issue a permit to each registrant if the clerk has reason to believe that:
a. The statements in the application are true;
b. Registrant passes a background check;
c. Neither the applicant nor the organization has engaged in any fraudulent practices;
d. Neither the applicant nor the organization have been convicted of a violation of any provision of this chapter or the solicitation ordinance of any other Illinois municipality in the past five (5) years;
e. Neither the applicant nor the organization and its members who will be soliciting have been convicted of a felony within the past five (5) years.
4. Each person shall at all times while soliciting in the city carry upon his person the permit certificate, and the certificate shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person solicited.
C. Fee: One hundred dollars ($100.00) per solicitor (a fee of $50.00 for the processing of the permit application and $50.00 for the fingerprinting of the applicant).
D. Special Requirements:
1. Compliance Required, Penalty: It shall be unlawful for any person to engage in "solicitation", as hereinabove defined, in the city in violation of any of the provisions of subsections D2 through D8 of this section. Any person found guilty of any such violation shall be punished by a fine up to seven hundred fifty dollars ($750.00) for each offense.
2. Background Check; Fingerprinting: It is required that any applicant for a solicitor's permit submit to a background check and be fingerprinted. Should the applicant be an entity registered with the state of Illinois as a charitable organization under 225 Illinois Compiled Statutes 460/2, the clerk may waive the fingerprinting. All such fingerprinting shall be done by the city police department. Said fingerprints shall be submitted to the appropriate state and/or federal agencies for processing as available.
3. Failure To Leave Upon Request: No person shall engage in solicitation upon any premises or in any dwelling house, apartment or other residence located thereon after having been asked by the owner or occupant thereof to leave such premises or residence.
4. Posted Premises And Residences: It shall be unlawful for any person to engage in solicitation upon any premises or residence located thereon if such premises or residence is posted against solicitation by means of a notice, prominently displayed, upon which is printed the legend:
NO SOLICITORS
For purposes of the preceding sentence, a dwelling house, apartment or other place of residence shall be deemed to be posted against solicitation if there is exhibited, on or near the main entrance to the premises or on or near the main door to any residence located thereon, a sign at least three inches by four inches (3" x 4") in size, and with letters at least one-third inch (1/3") in height, which bears the above legend. Signs complying with the foregoing requirements shall be made available at no cost at the office of the city clerk to persons requesting the same.
5. Fraudulent And Deceptive Practices: It shall be unlawful for any person who engages in solicitation to:
a. Use any plan, scheme or ruse or make any statement which indicates or implies that the purpose of such person's visit is other than to obtain orders for or to make sales of goods or services.
b. Misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law.
6. Time Limit: It shall be unlawful for any person to engage in solicitation at any time prior to nine o'clock (9:00) A.M. or after dusk local time, on any weekday, or at any time on a Sunday or on a state or national holiday.
7. Certain Solicitors Per Day: Only one group of solicitors will be permitted to solicit in the city on a given day. Such will be based upon the day on which the registration to solicit has been filed with the city clerk.
8. Appearance At Police Department: Every solicitor with a valid solicitor permit must appear at the Countryside police department prior to each day of soliciting.
E. Identification Tags:
1. The clerk's office shall make available identification tags for all solicitors as defined herein.
F. Regulation Of Charitable Solicitations:
1. Solicitation On Streets And Highways: No person shall stand on a street or highway for the purpose of soliciting charitable contributions from the occupant of any vehicle except in accordance with the following. The soliciting agency shall be:
a. Registered with the attorney general as a charitable organization as provided by "an act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefore", approved July 26, 1963, as amended;
b. Engaged in a statewide fundraising activity; and
c. Liable for any injuries to any person or property during the solicitation which is casually related to an act of ordinary negligence of the soliciting agent.
2. High Visibility Vests Required: Any person soliciting for charitable purposes on a street or highway shall be wearing a high visibility vest.
3. Insurance And Waivers: No person, firm or corporation shall conduct charitable solicitations that require the solicitors to stand on or in the proximity of a street or highway for the purpose of soliciting drivers of vehicles unless they shall first have provided the city proof of insurance of not less than one million dollars ($1,000,000.00) covering personal injury and death of the solicitors and third parties from occurrences arising out of the proposed solicitation activities, with the city as an additional insured; also, each solicitor shall provide the city with a signed waiver (on forms to be provided by the city) releasing the city from any liability for death or personal injury resulting from such solicitation activities.
4. Solicitation On Private Property: No person, firm or corporation shall carry on any charitable solicitation activities on private property unless they have provided the city with written authorization from the owner of said property or the owner's duly authorized representative.
5. Age Of Solicitors: Any person engaged in the act of charitable solicitation on streets or highways shall be sixteen (16) years of age or more. (Ord. 16-26-0, 5-25-2016)
SOUND AMPLIFIERS
A. License Required: See section 3-1-1 of this title. This includes maintaining or operating a loudspeaker or amplifier connected with any radio, phonograph, microphone, or other device by which sounds are magnified and made heard over any public street or public place. (1970 Code §8-35.01)
B. Fee: Twenty dollars ($20.00) per day; provided however, that said license fee may be waived by action of the city council in the case of any recognized charitable organization. (1970 Code §8-35.02)
C. Restrictions:
1. No licensee shall use, operate or employ any such device within the city limits on Sunday, or after the hour of eight o'clock (8:00) P.M., or before the hour of eight o'clock (8:00) A.M. of any day. No licensee shall use, operate or employ any such device within a radius of two (2) blocks from any hospital or any church while services are being held therein. This subsection shall not apply to radios in homes or in private pleasure vehicles, when the same are operated in such manner as not to be audible at a distance of fifty feet (50') from such vehicle, nor to noise devices, bands, or other musical devices used in any public parade or procession which is operated in accordance with the ordinances of the city.
2. No licensee shall cause or permit to be emanated or emitted from any such device any lewd, obscene, profane or indecent language or sound, nor any false representation of any matter, product, or project advertised thereby, the sale of which is prohibited by any law, ordinance or statute. (1970 Code §8-35.03)
STABLE
Stable: The having, keeping, or maintaining of horses for use by the public or the keeping, having, or maintaining of a stable for the boarding of horses belonging to a person other than the owner or occupant of the licensed premises for the private use of the owner of the horse or mule being boarded.
A. License Required: See section 3-1-1 of this title.
B. Fee: See section 3-1-13 of this title.
C. Special Requirements: The issuance of the license shall be within the discretion of the city council. In reaching such determination, the city council shall take into consideration the following: adequacy of housing and fencing, the methods to be used for sanitation purposes, the possible effect on adjoining properties, and the effect on the general health and welfare of the community. The city council shall designate the authorized number of horses to be boarded. The city council may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this chapter.
No stable license shall be issued unless there is in force and effect a public liability insurance policy issued by a company authorized to do business in the state of Illinois, with limits of no less than twenty thousand dollars ($20,000.00) per person and fifty thousand dollars ($50,000.00) per accident. The policy of certificate of insurance evidencing such policy shall be filed with the city clerk prior to release of the license. (Ord. 06-09-0, 3-8-2006)
STREET ADVERTISING
Outdoor Advertiser: Any person engaged in the business of placing, posting or painting any advertisements, notices or displays in or on any place for the purpose of outdoor advertising so that the resultant display is visible from any street, alley, sidewalk or other public place. (1970 Code §8-36.01)
A. License Required: See section 3-1-1 of this title. No license issued hereunder permits the use of any structures, natural or artificial, which are located in any public street, sidewalk, alley or other public place for advertising purposes. (1970 Code §8-36.02)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Restrictions: It shall be unlawful for any outdoor advertiser to:
a. Post or maintain any advertisement or sign on any poster panel, billboard or signboard, which does not fully comply with the provisions hereof or other ordinances of the city.
b. Post any advertisement on any premises in the city without the consent of the owner of the premises.
c. Permit any refuse resulting from his work to accumulate anywhere in the city, except when placing it in proper receptacles, or to permit any loose or flapping combustible materials to hang from or be attached to any billboard, signboard or other place used for display or advertising purposes. All refuse resulting from the operation of this business must be carefully gathered up and disposed of.
d. Post or display any advertisement of any obscene or immoral character or any advertisement tending to promote or cause a riot or breach of the peace, or any advertisement of unlawful sales.
e. Carry on his business unless his name is attached, displayed or printed on all billboards or signboards used by him, or in any notice, placard or advertisement posted by him, in such lettering as is visible from a distance of at least five feet (5') from the notice or advertisement.
f. Post any bills or advertisements on any public property without the authority of the city council.
g. Attach any advertising board or sign to the side of any private structure or building abutting the street in such manner that any portion of such advertising board or sign shall project into the street. (1970 Code §8-36.04)
2. Exemptions From Provisions: These provisions do not apply to the posting of signs or notices by order of any court or by any public officer in the performance of his duties. (1970 Code §8-36.05)
TANNING CLINICS
Tanning Clinic: Any place or establishment which carries on the business of providing use of machines or other devices which emit rays similar to sunlight to promote the tanning of human skin or for therapeutic purposes. (1970 Code §8-37A.01, as amended)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-37A.02, as amended)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. Minors: It shall be unlawful for any tanning clinic to permit any child of the age of eighteen (18) years or younger to receive any tanning session or treatment without written consent of his parents or guardians. (1970 Code §8-37A.04, as amended; amd. 1986 Code)
2. Sanitary Regulations: It shall be the duty of every person licensed to establish, maintain or operate a tanning clinic to strictly conform to the following regulations:
a. The premises and fixtures shall be kept in clean and sanitary conditions at all times.
b. All towels and washcloths shall be washed with soap and water. (1970 Code §8-37A.05, as amended)
3. Compliance With Federal Standards And Recommendations: Any establishment licensed to operate a tanning clinic may not use or operate any ultraviolet lamp, tanning bed or other tanning device which does not meet the standards set forth in title 21 of the code of federal regulations, section 1040.20 et seq. Such establishment must also comply with the procedures recommended by the U.S. food and drug administration with regard to customer warnings, the availability of protective devices, and limits on exposure to rays, as set forth in title 21 of the code of federal regulations. (1970 Code §8-37A.06, as amended)
TAXICABS
See chapter 7, article A of this title.
TOWING OPERATORS
Towing Operator: A person or firm engaged in the business of, or offering the services of, vehicle towing whereby motor vehicles are or may be towed or otherwise removed from one place to another by use of a tow truck.
A. License Required: See section 3-1-1 of this title.
B. Fee: See section 3-1-13 of this title. (Ord. 01-21-0, 9-26-2001)
TRAILER COACH PARKS
See chapter 8 of this title.
UNDERTAKERS AND UNDERTAKING ESTABLISHMENTS
Undertaker Or Funeral Director: Any person conducting or engaging in the practice of funeral directing or embalming, as defined in 225 Illinois Compiled Statutes 41/1-10.
Undertaking Establishment, Funeral Directing Place Or Funeral Home: A fixed place of business devoted to the care and preparation for burial, transportation, disposal or any other disposition of deceased human bodies. (1970 Code §8-39.01)
A. License Required: See section 3-1-1 of this title. (1970 Code §8-39.03)
B. Fee: See section 3-1-13 of this title. (Ord. 00-38-0, 12-13-2000)
C. Special Requirements:
1. State License Required: It shall be unlawful for any person to engage in the business of an undertaker or funeral director, to conduct, manage and operate an undertaking establishment or funeral directing place without first having been qualified under and having received the license required by 225 Illinois Compiled Statutes 41/1-1 et seq. Persons assisting or otherwise employed by undertakers or funeral directors also must first secure such state licenses as their duties require before engaging in the same. (1970 Code §8-39.02)
2. Permits: No permit for the burial or cremation of any dead human body shall be issued to anyone except an undertaker or funeral director who is licensed as provided herein. Any burial or cremation permit may be recalled by the health officer at any time when he shall have evidence that such permit was issued on improper or insufficient information contained in the death certificate or when it is found that the conditions of the permit are not complied with. Any undertaker or funeral director holding such permit shall, upon notification of its recall, forthwith surrender such permit to the health officer. (1970 Code §8-39.06)
3. Preparation Room: Every undertaking establishment or funeral directing place shall include a preparation room or morgue which shall connect with a sewer by an approved sanitary drain and have running water available, a nonabsorbent floor, washable walls and forced ventilation. Such room or morgue shall be partitioned from other parts of the undertaking establishment or funeral directing place and such room or morgue shall be arranged or placed so that it will not serve as an exit from such establishment or from other rooms which are a part thereof. An annual inspection of each undertaking establishment or funeral directing place shall be made, or caused to be made, by the health officer to ascertain that the requirements of this subsection are being observed. (1970 Code §8-39.05)
VENDING MACHINES, NONAUTOMATIC ITEMS
A. Definition: For the purposes of this section, a nonautomatic vending device shall include any box, carton, rack, can, jar or other container or holder from which a product, of any type, being sold may be taken directly by the purchaser in exchange for which the purchaser places payment therefor in the same, or another, container or holder without the necessity of intercession by an employee of the establishment in which the device is located.
B. License Required: See section 3-1-1 of this title. This shall include the operation of any nonautomatic vending device for the sale of any food or nonfood items of any kind. (Ord. 94-19-0, 6-8-1994)
C. Fee: See section 3-1-13 of this title.
1. The city may waive the required fee for any applicant that presents proof it possesses a current, valid registration under "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making appropriation therefor" 11 as amended from time to time. (Ord. 00-38-0, 12-13-2000)
D. Inspection And Analysis: It shall be the duty of the code enforcer and he is hereby authorized and empowered to inspect and examine all such items being offered for sale by means of the nonautomatic vending device for the purpose of ascertaining whether the laws of the state and of the city in relation to sales from the vending devices are complied with, and that the nonfood items so offered for sale are safe; and it shall be the duty of all persons operating the vending devices, upon the demand of the code enforcer, to furnish to him for his inspection samples of all such nonfood items, which samples may be analyzed by or under the direction of the code enforcer and a record of such analysis shall be made and kept in his office for the inspection of the public.
The code enforcer shall also inspect all locations where the devices are placed in order to ascertain that such nonfood items are in a safe condition; and all devices shall be kept within the enclosure of a substantial building, and the owners of the devices shall, on the request of the code enforcer, furnish keys for the devices so that the contents of same may be inspected in company with a representative that the owner of the device may designate.
E. Inspection And Analysis: It shall be the duty of the code enforcer and he is hereby authorized and empowered to inspect and examine all food or drink being offered for sale by means of a nonautomatic vending device for the purpose of ascertaining whether the laws of the state and of the city in relation to sales from the devices are complied with, and that the food and drink so offered for sale have been kept fresh, clean and wholesome. It shall be the duty of all persons operating the vending devices, upon demand of the code enforcer, to furnish to him for his inspection samples of all such food and drink, which samples may be analyzed by or under the direction of the code enforcer, and a record of such analysis shall be made and kept in his office for the inspection of the public.
The code enforcer shall also inspect all locations where the devices are placed in order to ascertain that the food and drink shall be free of contamination and in a wholesome condition. All devices shall be kept within the enclosure of a substantial building, and the owners of the devices shall, on the request of the code enforcer, furnish keys for the devices so that the contents of same may be inspected in company with a representative that the owner of the device may designate. (Ord. 94-19-0, 6-8-1994)
VENDING MACHINES, NONFOOD ITEMS
A. License Required: No person, firm, or corporation shall operate an automatic vending machine for the sale of any nonfood items of any kind, without first having obtained a license therefor.
B. Machine Defined: For the purposes hereof, each coin slot, the use of which will result in the purchase of a certain item, including coins for operation thereof, from an individual dispensing mechanism, shall be considered a separate machine and licensed individually, notwithstanding that it is located in a single unit housing other coin slots utilized for dispensing other items. (Ord. 94-14-0, 4-27-1994)
C. Fee: See section 3-1-13 of this title.
1. The city may waive the required fee for any applicant that presents proof it possesses a current, valid registration under "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making appropriation therefor" 12 as amended from time to time. (Ord. 00-38-0, 12-13-2000)
The city clerk shall issue to the licensee a decal for each machine, which shall be posted in a conspicuous place on the machine. (Ord. 94-14-0, 4-27-1994)
D. Special Requirements:
1. Application For License: Any person desiring to sell any nonfood items by means of automatic vending machines shall make application for a license for that purpose to the city clerk, in which application shall be set forth the full name of the applicant and the number of machines for which the applicant desires licenses. (1970 Code §8-40.2)
2. Issuance Of Decal: The city clerk shall issue a decal for each vending machine to the applicant, which decal shall be posted in a conspicuous place on the machine. (1970 Code §8-40.3, as amended)
3. Inspection And Analysis: It shall be the duty of the health officer and he is hereby authorized and empowered to inspect and examine all such items being offered for sale by means of the automatic vending machine for the purpose of ascertaining whether the laws of the state and of the city in relation to sales from the vending machines are complied with, and that the nonfood items so offered for sale are safe; and it shall be the duty of all persons operating the vending machines, upon the demand of the health officer, to furnish to him for his inspection samples of all such nonfood items, which samples may be analyzed by or under the direction of the health officer and a record of such analysis shall be made and kept in his office for the inspection of the public.
The health officer shall also inspect all locations where the machines are placed in order to ascertain that such nonfood items are in a safe condition; and all machines shall be kept within the enclosure of a substantial building, and the owners of the machines shall, on the request of the health officer, furnish keys for the machines so that the contents of same may be inspected in company with a representative that the owner of the machine may designate. (1970 Code §8-40.4)
Notes
| 1 | 1. See also "Jukeboxes" in this section. |
| 1 | 1. 5 ILCS 80/4.1 et seq. |
| 3 | 1. See title 8, chapter 1 of this code. |
| 4 | 1. 225 ILCS 10/1 et seq. |
| 5 | 2. 225 ILCS 10/2.17, 10/2.18. |
| 6 | 1. See titles 6 and 8 of this code. |
| 7 | 1. See titles 8 and 10 of this code. |
| 8 | 1. See title 6 of this code. |
| 1 | |
| 10 | 1. See title 6 of this code. |
| 11 | 1. 225 ILCS 460/0.01 et seq. |
| 12 | 1. 225 ILCS 460/0.01 et seq. |