TITLE 3
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSE AND PERMIT PROVISIONS
GENERAL LICENSE AND PERMIT PROVISIONS
SECTION:
3-1-1: Purpose And Jurisdiction
3-1-2: Definitions
3-1-3: License Required; Exceptions
3-1-4: Application For License Or Permit
3-1-5: Investigations And Inspections
3-1-6: Issuance Or Denial Of License Or Permit
3-1-7: Term Of License
3-1-8: License To Be Posted
3-1-9: Building And Premises
3-1-10: Location
3-1-11: Health And Safety Requirements
3-1-11-1: Nuisances Prohibited
3-1-11-2: Unsafe Or Unhealthy Business
3-1-11-3: Refuse Removal
3-1-12: Business Vehicles
3-1-13: Suspension Or Revocation Of License Or Permit
3-1-14: Appeals
Because each business located in the village is a basic part of and affects the physical and economic well being of the village, necessitating special services from the village in the form of health and police inspections and utility services, such businesses shall in all respects be in full compliance with the provisions hereinafter contained in this chapter. This chapter is designed to provide for the means whereby the village may render the necessary inspections and services to businesses in order to promote, protect and safeguard the public safety, health and welfare of the citizens of Divernon and to enable the maintenance of an accurate record of businesses located and carrying on commercial activities or commerce within the village. (1997 Code)
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 any other type of activity, together with all devices, machines, equipment, vehicles and appurtenances used therein, any of which are conducted for profit; provided, however, that the term "business" shall not include those vocations, occupations, professions, enterprises, establishments or concerns licensed exclusively by the state of Illinois or department thereof or permitted home occupations.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity, except for such person or persons as may be organized as an Illinois not for profit corporation or governmental bodies properly organized under the laws of the state of Illinois.
TOTAL FLOOR AREA: The sum total of the horizontal areas of any and all floors, or portions thereof, of any building, including any and all accessory buildings, basements, attics and/or cellars, devoted to, reserved for or retained for the use of any business, regardless of whether or not any such area(s) is vacant or not in use. (1997 Code)
A. License Required: No person shall conduct, engage in, maintain, operate, carry on or manage any business, either by himself, or through any agent, employee or partner without first having obtained a license therefor from the village.
B. Conducting Additional Businesses: A license shall be required if any person, by himself or through an agent, employee or partner, is held forth as being engaged in any business, or if he solicits patronage therefor, actively or passively, or if he performs or attempts to perform any part of such business within the village. Where two (2) or more separate businesses, separately owned and/or operated, share floor space in the same building or on the same parcel of property, and any floor space is subdivided between the separate businesses, then each such business shall obtain a license pursuant to the provisions contained in this chapter.
C. Exception: Notwithstanding any provision in this section to the contrary, no license shall be required of any person for the mere delivery within the village of any property purchased or acquired in good faith from such person at his regular place of business outside the corporate limits of the village. (1997 Code)
Applications for all licenses or permits required by this code shall be made in writing to the village clerk, except as may otherwise be provided by this code.
A. Contents Of Application: Each application shall contain such information as may be prescribed by the village clerk, including but not limited to:
1. The name of the applicant.
2. The permit or license desired.
3. The location to be used, if any.
4. The license period.
5. The fee to be paid.
6. The total floor area of the business, if any. (Proof acceptable to the village clerk is required.)
B. Forms: Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the village clerk.
C. Signatures: Each license or permit issued shall bear the signature of the village president and the village clerk, except as may otherwise be provided by this code. (1997 Code)
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