TITLE 4
BUSINESS REGULATIONS
CHAPTER 1
BUSINESS REGISTRATION
SECTION:
4-1-1: Purpose
4-1-2: Definitions; Construction
4-1-3: Registration
4-1-4: Process
4-1-5: Registration Fee
4-1-6: Inspections
4-1-7: Registration Certificate
4-1-8: Conditions Of Registration
4-1-9: Enforcement And Penalties
4-1-10: Appeal
4-1-1: PURPOSE:
The purpose of this chapter is to promote the general health, safety, and welfare of the city and its residents by identifying and registering all places of business located within the city. The city requires the general registration of all places of business to ensure the efficient delivery of city services, including police, fire, and emergency medical services, and to promote compliance with all zoning, building, fire, and health codes and any other applicable ordinances and regulations. (Ord. M-19-13, 10-7-2013)
4-1-2: DEFINITIONS; CONSTRUCTION:
   A.   The following words and phrases as used in this chapter shall have the following meanings, unless a different meaning is required by the context:
    BUSINESS: Any vocation, occupation, profession, enterprise, establishment, concern, or other type of activity, together with all devices, machines, equipment, vehicles, and appurtenances used therein.
   FLOOR AREA: The sum of the gross horizontal areas of the several floors of a building, structure, or portion thereof, devoted to use by a business, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
   PERSON: Any individual, firm, association, partnership, corporation, limited liability company, trust, or other legal entity, except for governmental bodies properly organized under the law of the state of Illinois or the United States Of America.
   PLACE OF BUSINESS: Any parcel, zoning lot, building, structure, or portion thereof, whether owned, leased, or licensed, that is used by a business for the purpose of conducting all principal and accessory activities of the business.
   B.   With the exception of those duties and responsibilities assigned to the mayor or the city council, wherever a responsibility is assigned to a specific officer, official or employee of the city in this chapter, that responsibility may be carried out by that officer, official or employee or his or her designee. (Ord. M-19-13, 10-7-2013)
4-1-3: REGISTRATION:
   A.   Registration Required: It shall be unlawful for any person to maintain or operate a place of business in the city, without first having registered the place of business in accordance with the requirements of this chapter.
   B.   Licenses: The conduct of certain businesses may be subject to additional licensing regulations by the city pursuant to chapter 2 of this title and other provisions of this title. Businesses required to obtain a license from the city must also register all places of business.
   C.   Multiple Businesses In A Single Location: If multiple businesses operate within a single place of business, each business will be required to register that place of business separately, subject to permitted fee exemptions set forth in section 4-1-5 of this chapter.
   D.   Single Businesses With Multiple Locations: If a person maintains, operates, or manages multiple places of business throughout the city, all of which are associated with a single business, that person will be required to register each place of business separately. A place of business consisting of multiple buildings or structures will be considered a single place of business if all of the buildings or structures: 1) are under common ownership, control, management, or operation; and 2) are located on the same parcel or zoning lot or contiguous parcels or zoning lots and are physically connected with common access points from the public right of way.
   E.   Exemptions: Any home occupation conducted in compliance with the requirements and regulations set forth in the zoning ordinance shall not be required to register its place of business. (Ord. M-75-14, 1-5-2015)
4-1-4: PROCESS:
   A.   Application: Persons seeking to register a place of business shall file a written application with the director of community and economic development on a form provided by the city, which application shall include the following information:
      1.   If the applicant is an individual, the application shall include the name, residence address, and telephone number of the applicant. If the applicant is a partnership or firm, the application shall contain the names, residence addresses, and telephone numbers of each of its members; if a limited partnership, the names, residence addresses, and telephone numbers of each general partner thereof; if a corporation, the names, residence addresses, and telephone numbers of its principal officers; and if a limited liability company, the names, residence addresses, and telephone numbers of each member and/or manager. The person submitting the application shall also be required to provide his or her name, residence address, telephone number, and driver's license or state or federal government issued identification card number.
      2.   The name of the business as registered with the secretary of state of Illinois as well as any assumed names under which the applicant conducts business.
      3.   The address and telephone number of the place of business.
      4.   The business's Illinois business tax (IBT) certificate number and the business's federal employee identification number (FEIN), if applicable.
      5.   A description of the business (nature of goods or services sold, produced, or offered, etc.).
      6.   The floor area of the place of business in square feet and the corresponding registration fee.
      7.   The name, address, telephone number, and e-mail address for a designated emergency contact person and the owner of the place of business being registered.
      8.   Any additional information that the director of community and economic development determines is necessary for the evaluation of the application.
All applications must be signed by a person who is authorized to make representations on behalf of and bind the business.
   B.   Term: Business registration certificates will be issued annually for a period commencing on January 1 and expiring on December 31. All applications for business registration and renewals thereof must be filed with the department of community and economic development no later than December 15 of each year.
   C.   Approval Of Business Registration: After receiving an application for a business registration, the director of community and economic development shall review the application to determine if it is complete and accurate and shall verify with the zoning administrator that the applicant's proposed use of the place of business complies with the requirements of the zoning ordinance. If the director of community and economic development determines that the application is complete and that the proposed use complies with the zoning ordinance, the director shall recommend that the city manager issue a business registration certificate for the place of business subject to inspection for compliance with all zoning, building, fire, health codes and any other applicable ordinances and regulations. The city manager shall sign and issue a business registration certificate for the place of business no later than seven (7) days after receiving a recommendation from the director of community and economic development. The director of community and economic development shall promptly inform the applicant of the issuance of the business registration certificate. The business registration certificate shall include the name of the business, the address of the place of business, the date of expiration and bear the signatures of the city manager and the city clerk. A copy of each business registration certificate issued by the city will be maintained by the director of community and economic development.
   D.   Denial Of Business Registration: In the event the director of community and economic development determines that the applicant or the application does not meet the standards and requirements for the approval of a business registration as described in this section, the director shall recommend that the city manager not issue a business registration certificate for the place of business. Upon receiving such a recommendation, the city manager will issue a written notice of denial to the applicant no later than seven (7) days after receiving a recommendation from the director of community and economic development. The notice of denial will state the grounds for denial. Grounds for denial of a business registration may include the following:
      1.   Fraud, misrepresentation of a material fact, or false statement by the applicant on the application;
      2.   The existence of any outstanding indebtedness of the business to the city, in the form of any unpaid fees, taxes, or fines that are in arrears more than thirty (30) days from the date accrued;
      3.   A determination by the zoning administrator that the business or use proposed is not a permitted or approved conditional use of the place of business pursuant to the zoning ordinance; and
      4.   The presence of a violation of any zoning, building, fire, or health code or any other applicable ordinances and regulations at the place of business.
An applicant may submit a revised application after correcting any of the deficiencies or issues identified in the notice of denial and, if the original registration fee has been refunded, paying a registration fee in the full original amount set forth in section 4-18-1 of this title for a new application. An applicant may appeal a decision to deny a business registration in accordance with the procedures set forth in section 4-1-10 of this chapter.
Whenever a business registration is not approved and the applicant has not commenced operation of the place of business sought to be registered, the registration fee paid in advance shall be refunded to the applicant by the director of finance.
   E.   Renewal: Applications for renewals of business registration shall be made in the same manner as described for new applications in this section. Applications for renewals must clearly state if any information has changed since the original application.
   F.   Transfer Of Registration: No business may assign, sell, loan, convey, or transfer its registration to any other person, even if such other person intends to conduct the same business at place of business. Such other person must apply and pay the fee for a new registration in accordance with the provisions of this chapter. (Ord. M-19-13, 10-7-2013)
4-1-5: REGISTRATION FEE:
   A.   Annual Fee: The annual fee for a business registration must be paid at the time an application or renewal application is submitted. In the event that a business registration cannot be issued at the time application for same is made, the director of community and economic development shall issue a receipt to the applicant for the fee paid in advance. All such receipts shall have plainly indicated thereon that the receipt of payment of the business registration fee is not to be construed as the approval of a business registration. No such receipt, or the payment of any fee in advance of the issuance of the business registration certificate in due form, shall entitle or authorize any person to any of the rights or privileges conferred by the issuance of a business registration certificate or to the operation or maintenance of any place of business contrary to any provision of this code. The annual fee for a business registration will be as set forth in the fee schedule in section 4-18-1 of this title and calculated based on the floor area of the place of business that is devoted to use by the applicant's business. All measurements of floor area shall be rounded to the nearest integral square foot; if a fraction is one-half (1/2) square foot or more, the floor area will be rounded up to the next highest integral square foot.
   B.   Late Filing Penalty: A late filing penalty in the amount of twenty five percent (25%) of the applicable annual fee will be applied to applications for business registration, or renewals thereof, submitted more than thirty (30) days after the filing deadline set forth in subsection 4-1-4B of this chapter. A failure to file an application for a business registration within sixty (60) days after the filing deadline, except as specifically permitted in subsection D of this section, shall be considered a failure to register the place of business and will constitute a violation of this chapter.
   C.   Fee Exemptions: The following types of businesses will be exempt from paying the annual fee for business registration, but shall still be required to register their places of business:
      1.   Religious corporations registered with the state of Illinois;
      2.   Charitable organizations registered with the Illinois attorney general pursuant to the Illinois solicitation for charity act 1
;
      3.   Additional businesses located in a place of business already registered, on the condition that: a) all businesses located in a single place of business are owned, controlled, and operated by the same person and b) there be no discernible distinction or physical separation between portions of the place of business used by the respective businesses; and
      4.   All governmental bodies, including agencies, departments, and political subdivisions of the state of Illinois or the United States Of America. (Ord. M-75-14, 1-5-2015)
   D.   Proration: Any applicant seeking to register a new place of business shall be required to pay the full annual business registration fee set forth in section 4-18-1 of this title if the business registration application is made on or between January 1 and June 30 of any year. If a business desires to commence operation in a place of business after July 1 of any year, the fee to register that place of business will be reduced by fifty percent (50%) for that registration period.
   E.   No Refund: In no event shall the nonuse of the place of business or discontinuance of operation of the business entitle an applicant to a rebate or refund of any portion of an annual fee paid for a business registration.
   F.   Moving A Place Of Business: In the event a business moves from one place of business in the city to another, separate place of business in the city during the term of a business registration period, the business will be required to apply for a new business registration corresponding to the new place of business and pay the required annual fee all in accordance with the provisions set forth in this chapter. (Ord. M-19-13, 10-7-2013)
4-1-6: INSPECTIONS:
   A.   Compliance Inspections: The city manager shall make or cause to be made all inspections of a registered place of business that he determines to be necessary to ensure that the place of business is maintained and operated in compliance with all zoning, building, fire, and health codes and any other applicable ordinances and regulations.
   B.   Consent To Inspection: By submitting an application for a business registration, the applicant shall consent to inspection of the place of business by city officers or employees for the purpose of verifying compliance with all zoning, building, fire, and health codes and any other applicable ordinances and regulations. It shall be the duty of the applicant to admit any officer or employee of the city who is duly authorized to conduct an inspection into the place of business for the purpose of conducting such inspection at any reasonable time that such entry and inspection is requested by the city. (Ord. M-19-13, 10-7-2013)
4-1-7: REGISTRATION CERTIFICATE:
   A.   Display Of Certificate: A business must display its current and effective business registration certificate in a prominent location in its place of business at all times. It shall be unlawful to display an expired, revoked or suspended business registration certificate. The city has the right to enter upon a registered place of business at any time for the purpose of removing an expired, revoked or suspended business registration certificate.
   B.   Replacement Of Lost Or Damaged Certificate: In the event a business loses or damages its business registration certificate, it must promptly request a duplicate of the certificate from the director of community and economic development and provide an affidavit attesting to the loss or damage to the original certificate. The business will be required to pay a fee for a duplicate business registration certificate in the amount set forth in section 4-18-1 of this title.
   C.   Transfer Of Registration Certificate: No business may assign, sell, loan, convey, or transfer its business registration certificate to any other person, even if such other person intends to conduct the same business at the same place of business. (Ord. M-19-13, 10-7-2013)
4-1-8: CONDITIONS OF REGISTRATION:
No registered place of business in the city may be operated or used:
   A.   In a manner that constitutes a nuisance in fact;
   B.   In violation of any zoning, building, fire, or health codes or any other applicable ordinances and regulations; or
   C.   In an unsanitary or unsafe manner. (Ord. M-19-13, 10-7-2013)
4-1-9: ENFORCEMENT AND PENALTIES:
   A.   General Penalty: Any person violating any provision of this chapter, where no other penalty is specifically provided, shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
   B.   Emergency Suspension Of Business Registration: When the operation of any place of business shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, the city manager shall be authorized to summarily order the cessation of business, the closing of the place of business and the suspension of the business registration for a period not to exceed ten (10) days. Within seven (7) days after he or she has so acted, the city manager shall call a hearing for the purpose of determining whether the business registration should be suspended for an additional period of time or revoked.
   C.   Suspension Or Revocation Of Business Registration: Business registrations may be suspended for up to thirty (30) days or revoked by the city manager after notice and hearing as provided below for any of the following causes:
      1.   Fraud, misrepresentation of a material fact, or false statement by the applicant on the application for the business registration certificate;
      2.   Any violation by the business of any zoning, building, fire, or health code or any other applicable ordinances and regulations at the place of business;
      3.   Failure to pay any outstanding indebtedness of the business to the city, in the form of any unpaid fees, taxes, or fines that are in arrears more than thirty (30) days from the date accrued, more than ten (10) days after the director of finance has issued a demand for payment to the business; or
      4.   Refusal to permit an inspection or any interference with a duly authorized city officer or employee while in the performance of his or her duties in making an inspection of the place of business.
The suspension or revocation of a business registration may be in addition to any fine imposed pursuant to the general penalty in section 1-4-1 of this code.
   D.   Effect Of Suspension Or Revocation: Any business whose business registration is suspended or revoked shall immediately discontinue the registered business for which the license was issued. No person whose business registration has been revoked as herein provided shall be eligible to register the same place of business during the period for which the revoked registration was originally issued.
   E.   Hearings: The hearings on business registration suspension or revocation matters shall be conducted by the city manager at a time and place designated by the city manager. Notice of the hearing for suspension or revocation of a business registration shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the business at the address of the place of business provided in the most recently submitted business registration application no later than five (5) days prior to the date set for the hearing. Based upon the record of such hearings, the city manager shall make a finding and shall sustain, modify or rescind any official notice or order considered at the hearing. A written report of the hearing decision shall be furnished to the business. (Ord. M-19-13, 10-7-2013)
4-1-10: APPEAL:
Any person aggrieved by the decision of the city manager in regard to the denial of an application for a business registration, or the suspension or revocation of a business registration, shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city manager within ten (10) days after the notice of denial, suspension, or revocation, a written statement under oath setting forth specifically the grounds for appeal. The city council shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the business in the same manner as provided in subsection 4-1-9E of this chapter. The decision of the city council on such appeal shall be by a vote of a majority of all members elected to the city council and shall be final. (Ord. M-19-13, 10-7-2013)

 

Notes

1
1. 225 ILCS 460/0.01 et seq.