TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
BUSINESS LICENSES AND PERMITS
SECTION:
3-1-1: Licenses Required; Applications
3-1-2: Investigation
3-1-3: License Fees, Term, And Renewal
3-1-4: Conditions Of License
3-1-5: Inspections
3-1-6: Revocation
3-1-7: Denial Of A License Or Renewal
3-1-8: Penalty
3-1-1: LICENSES REQUIRED; APPLICATIONS:
Applications for all licenses and permits required by ordinance, shall be made, in writing, to the village clerk in the absence of any provision to the contrary. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid. Applications shall contain such additional information as may be needed for the proper disposition of the application. Forms for all licenses and permits and the applications therefor, shall be prepared and kept on file by the village clerk. (Village code §§ 5-1, 5-2)
3-1-2: INVESTIGATION:
Upon the receipt of an application for a license or permit, where an ordinance of the village necessitates an inspection, or investigation before the issuance of such license or permit, the village clerk shall refer such application to the proper investigating officer, who shall thereupon investigate and make a report thereon as soon as practicable. The health officer of the village shall make, or cause to be made, an investigation in regard to those licenses, or permits relating to the care and handling of food and the prevention of nuisances, and the spread of disease for the protection of health. The director of public health and safety shall make, or cause to be made, any such inspections relating to the construction of buildings or other structures. All other investigations except where otherwise provided, shall be made by the chief of police, the fire chief or some other officer designated by the village council. (Village code § 5-3; amd. Ord. O-7-10, 2-8-2010)
3-1-3: LICENSE FEES, TERM, AND RENEWAL:
   A.   Fees: In the absence of any provision to the contrary, all fees and charges for licenses or permits shall be paid before such license or permit is issued by the village. Except as otherwise provided, all such fees shall become a part of the corporate fund.
   B.   Term Of License: All licenses shall terminate on April 30 following the date of issuance unless otherwise provided. The village clerk shall mail to all licensees a statement at the time of the expiration of the license held by the licensee.
   C.   Renewal Required: All licenses shall be renewed before May 1 of each year upon payment of the required fee. A failure of the village to send a statement of expiration in accordance with subsection B of this section, or a failure of licensee to receive the statement of expiration in accordance with subsection B of this section, shall not excuse the licensee from a duty to secure a new license or a renewal thereof; nor shall it be a defense in an action for operating without a license. No renewal, however, shall be issued to a person, who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application. (Ord. O-17-07, 4-23-2007)
3-1-4: CONDITIONS OF LICENSE:
   A.   Change Of Location: The location of any licensed business or occupation, or of any permitted act, may be changed provided ten (10) days' notice is given to the village clerk. (Village code § 5-6)
   B.   Nuisance Businesses: No business, licensed or unlicensed, shall be so conducted, or operated, so as to amount to a nuisance in fact. (Village code § 5-7)
   C.   Posting License: It shall be the duty of any person conducting a licensed business in the village to post his license in a proper, permanent place on the premises and to keep the same on display at all times. (Village code § 5-10)
   D.   Removal Of Waste Material And Litter: It shall be the duty of any person conducting a licensed business in the village to maintain the exterior of the licensed premises in a safe, clean and sanitary manner at all times, including the duty to remove all waste material and all litter, including, but not limited to, cigarette and cigar butts and paper from the public sidewalk, parkway and right of way adjacent to the licensed premises. All such waste material and litter shall be placed in a refuse container for removal by the licensed premises' waste hauler. Any violation of such duty may result in the revocation of the business license in the manner provided by law. (Ord. O-41-08, 10-14-2008)
3-1-5: INSPECTIONS:
   A.   Whenever an inspection of the premises used for or in connection with the operation of a licensed business or occupation is provided for, required by ordinance or is reasonably necessary to secure compliance with any ordinance, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to admit thereto, for the purpose of making an inspection, any authorized officer or employee of the village.
   B.   Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision, or to detect violations thereof, it shall be the duty of the licensee to give any authorized officer or employee of the village requesting the same sufficient samples of such material or commodity for an analysis upon request.
   C.   In addition to any other penalty which may be provided for herein, the village council may revoke the license of any licensed proprietor of any licensed business in the village, who refuses to permit an authorized officer or employee of the village to make an inspection, take samples or who interferes with such officer or employee while in the performance of his duty in making an inspection. Provided that, no such license shall be revoked unless the licensee, or person in charge of the premises, is advised that such inspection or sample is desired. (Village code § 5-8)
3-1-6: REVOCATION:
All licenses issued under the provisions of this code may be revoked or suspended by the village council, with the exception of liquor licenses which may be revoked or suspended by the mayor as local liquor control commissioner, for any violation by any licensee of the provisions of this code, other ordinances or state laws relating to the business licensed hereunder or to the premises occupied. Any act or omission by any officer, director, agent or employee of the licensee which constitutes such a violation, if done with knowledge, authority or approval of the licensee, shall be deemed an act of the licensee for which the licensee shall be responsible. (Village code § 5-9; amd. 2004 Code)
   A.   The health officer, director of public health and safety or chief of police shall have the authority to suspend any license, other than liquor licenses, when there is good cause to believe that either the public health or public safety will be endangered by continuance of any licensed business operation. Notice of such suspension will be given to the licensee and village council and shall cite the violation giving rise to the suspension. The licensee shall be given an immediate emergency hearing by the village council who shall determine the length of suspension and/or revocation of the license.
   B.   In the case of revocations, other than liquor licenses, the health officer, director of public health and safety, chief of police or village clerk shall give notice of intent to revoke any license to the licensee and village council three (3) days prior to a hearing on the intended revocation. All notices of intent to revoke shall cite the violation. The village council may then revoke or suspend any such license for any period as deemed necessary to correct the violations cited. Revocation of any license may be determined as indefinite or permanent. (Village code § 5-9; amd. 2004 Code; Ord. O-7-10, 2-8-2010)
3-1-7: DENIAL OF A LICENSE OR RENEWAL:
Any license or renewal issued by the village, other than liquor licenses for which restrictions are outlined in section 3-3-4 of this title, may be denied for any of the following reasons:
   A.   The applicant fails to provide all the necessary information required;
   B.   The applicant provides false information;
   C.   The applicant or the business is not in compliance with any provision of this code, state or federal laws, rules or regulations;
   D.   The applicant has a background or history of violating local ordinances, state or federal laws, rules or regulations;
   E.   The public health, welfare or safety would be adversely affected by granting the application; or
   F.   The licensee, applicant for license, or licensed premises owes any debt, fine or penalty to the village. (Ord. O-17-07, 4-23-2007)
3-1-8: PENALTY:
Any person violating any provisions of this chapter shall be fined as provided in the general penalty provisions of section 1-3-1 of this code for each offense, and a separate violation shall be deemed committed on each day during, or on which, a violation occurs or continues. In addition to the general penalties contained in section 1-3-1 of this code, any relevant specific penalty provisions as outlined in each chapter of this title may apply. (Ord. O-17-07, 4-23-2007)