(A) General.
(1) Definition. The words SERVICE STATION, as used in this section, mean any building, structure, premises, enclosure or other place within the Village where a container or tank, either portable or stationary, and containing any gasoline or other inflammable liquids, having a flash point below 187 degrees Fahrenheit, are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers or tanks primarily for use in motor vehicles.
(2) License. No person shall operate the business of service station without a license therefor. The fee shall be as set forth in § 110.13.
(3) Application. The application for the license shall specify the location of the building, structure, premises, enclosure or other place in which it is proposed to keep such service station and the capacity in gallons of the containers or tanks. Every such application shall be approved by the Chief of Police and the Chief of the Fire Department before a license shall be issued. No license shall be assigned or transferred to any person other than the licensee named therein to do business or act under such license.
(4) Fire prevention inspections. All service stations shall be conducted and maintained in accordance with the provisions of Chapter 91 of this Code with regard to fire prevention and shall be inspected by the Chief of the Fire Department or his authorized representative at least once every year.
(5) Change of location. If any person licensed under this section shall, before the expiration of such license, desire to change the location of the business conducted thereunder, the licensee shall notify the Director of Finance and shall furnish all of the information which is required to be furnished on an original application for license. Every application for change of location shall be approved by the Chief of Police and the Chief of the Fire Department before a change in location shall be authorized.
(6) Parking vehicles for sale. It shall be unlawful for any person to park in any service station any vehicle displayed "For Sale," unless a license is first obtained for operating an outdoor secondhand motor vehicle sales lot.
(7) Parking trucks. It shall be unlawful for any person to store or park any motor vehicle used for pulling or carrying freight or designed for the carrying of more than 9 persons on the premises of any filling station for a period of time longer than 2 hours unless such motor vehicle is stored or parked completely within the confines of a building or structure on such premises.
(8) Repair of motor vehicles. It shall be unlawful for any person to carry on the business of a motor vehicle repair shop on the premises of any filling station unless:
(a) Such motor vehicle repair work is done within the confines of a completely enclosed building or structure on such premises;
(b) A license is first obtained for the carrying on of the business of a motor vehicle repair shop.
(1997 Code, § 32.29)
(B) Service stations, self service.
(1) Definition. As used in this section, SELF-SERVICE STATION means property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.
(2) Dispensing devices. Approved self-service dispensing devices are permitted subject to the provisions of this section at service stations, provided that all dispensing of motor fuels, except LPG, by a person other than the service station attendant is under the supervision and control of a qualified attendant and the dispensing nozzle is a listed automatic-closing type without a latch-open device.
(3) Self-service station permit. Application for a self-service station permit shall be made in conformity with the general requirements set forth in Chapter 110 relating to application for licenses. The application shall also be accompanied by:
(a) Complete detailed plans in triplicate for each service station sought to be used for self-service;
(b) An accurate description of the location of the property for which a permit is being sought;
(c) A permit issued by the State Fire Marshal of the state authorizing the operation of a self-service station at the location for which the permit is being sought;
(d) The name, address and phone number of the individual who owns and/or will operate the self-service station and the name, address and phone number of the individual owning the property on which the self-service station is located;
(e) A non-refundable annual permit fee as set forth in § 110.13.
(4) Investigation. Every such application shall be investigated by the Bureau of Fire Prevention to determine whether the applicable provisions of this section and the other ordinances of the Village are being complied with. The approval of the Bureau of Fire Prevention must be noted on the application before a permit shall be issued. No permit may be issued unless the applicant has been issued a service station license in accordance with the provisions of Chapter 110. No self-service station shall be open for business without a permit therefor, which permit must be displayed prominently at all times at such self-service station.
(5) Rules. The following rules shall be followed and observed at all self-service stations.
(a) It shall be unlawful to provide for or use live-in facilities or accommodations for the benefit of any owner, operator or employee of a self-service station on the premises of such station.
(b) A self-service station shall have at least one attendant on duty while the station is open to the public; the attendant’s primary function shall be to supervise, observe and control the dispensing of Class I liquids while said liquids are actually being dispensed. This shall not be interpreted as prohibiting split island type of operations.
(c) The dispensing area shall at all times be in clear view of the attendant and the placing or allowing of any obstacle to come between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with persons in the dispensing area.
(d) The attendant shall have immediate access to emergency cut-off switches, provided at a location remote from the dispensing devices, which location shall be subject to approval by the Bureau of Fire Prevention.
(e) The attendant shall refuse service to any person:
1. Who is less than 16 years old; or
2. Who is smoking; or
3. Who appears for any reason to be unable to dispense the motor fuel safely;
(f) The attendant shall shut off the dispensing unit if a patron fails to follow instructions in compliance with this section.
(g) All attendants and other employees shall be thoroughly instructed in the operation and the use of the communications system, the control station, the fire extinguishing equipment, the operation of the dispensing units and safety regulations for the dispensing of motor fuels. No person shall be employed as an attendant, or in any other capacity, to work in a self-service station who is less than 16 years old.
(h) Gasoline dispensing nozzles shall not be of the "latch-open" type.
(i) Conspicuous and legible signs, prohibiting smoking, prohibiting persons less than 16 years from pumping gas, and directing customers to turn off ignitions while dispensing motor fuel, shall be posted and maintained. The lettering on such signs shall be red on white background and not less than 4 inches in height. The sign shall be made of an all- weather rigid material. The wording, lettering, size, design, material, mounting and location of such signs shall be subject to the approval of the Bureau of Fire Prevention;
(j) Dispensing units shall be mounted either on a concrete island or protected against collision damage by suitable means in a manner approved by the Bureau of Fire Prevention;
(k) No portable containers of more than 6 gallons shall be filled with gasoline, except as dispensed directly into the fuel tanks attached to a motor vehicle. All portable receptacles for gasoline shall be red and shall be labeled in letters of a contrasting color which have a height of not less than one-half inch. It shall be unlawful to put any other liquids or oils except gasoline in such receptacles so long as such receptacles are so painted red and labeled "gasoline." In all circumstances, the container shall be metal.
(6) State regulations adopted.
(a) A certain document, 3 copies of which, in accordance with 50 ILCS 220/2, have been available for public use, inspection and examination for 30 days in the office of the Village Clerk, being marked and designated as "Rule 15 of the Rules and Regulations Relating to Service Stations as issued by State Fire Marshal of the State of Illinois," is adopted as additional regulations which govern the operation of self-service stations within the Village. Each and all of the regulations, provisions, conditions, terms and offenses thereunder of Rule 15 of the Rules and Regulations Relating to Service Stations as issued by the State Fire Marshal, are referred to, adopted and made a part hereof, as if fully set out in this section subject to the provisions of division (B) of this section.
(b) If the provisions of Rule 15 of the Rules and Regulations Relating to Service Stations as issued by the State Fire Marshal are in conflict with any provision of this section or any other ordinance of the Village, the provisions of this section and the other ordinances of the Village shall govern.
(1997 Code, § 32.30)
(Ord. 78-1, passed 1-12-1978)