TITLE 3
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSE PROVISIONS
GENERAL LICENSE PROVISIONS
SECTION:
3-1-1: License Required; Subjects Of Licensing Authority
3-1-2: Application For License Or Permit
3-1-3: Investigation; Inspections
3-1-4: Approval Or Disapproval Of Application
3-1-5: License Term; Renewal; Fee
3-1-6: Licenses Not Assignable; Unlawful Use
3-1-7: License To Be Posted; Destruction, Removal Of License
3-1-8: Building And Premises
3-1-9: Location
3-1-10: Nuisance Prohibited
3-1-11: Working Conditions
3-1-12: Business Open To Public
3-1-13: Business Vehicles
3-1-14: Adoption Of Regulations By Reference
3-1-15: Suspension, Revocation Of License, Permit Or Registration
3-1-16: Appeal
3-1-17: Penalty; Enforcement
No person shall conduct, engage in, maintain, operate, carry on or manage any business, occupation, activity or establishment, either by himself or through an agent, employee or partner, for which a license is required by this code or by any municipal ordinance, without first having obtained a license for such business, occupation, activity or establishment.
Whenever a license or permit is required for the maintenance, operation or conduct of business or establishment, or for doing business or engaging in any activity or occupation, any person shall be subject to the requirement if, by himself or through an agent, employee or partner, he is held forth as being engaged in the business, actively or passively, or if he performs or attempts to perform any part of such business activity or occupation in the municipality.
Unless otherwise provided in this chapter, each individual business or commercial activity within the municipality shall be required to obtain only one license, but shall be required to comply with all applicable regulations contained in this chapter or elsewhere. The license fee required to be paid by an individual business which is subject to two (2) or more licenses in this chapter shall be the largest of those applicable. A business shall be considered to be individual only if it is owned by identical persons or entities, is contained within one single building, and conducts activities which are closely related. (Ord. 912, 8-24-1981)
Applications for all licenses and permits shall be made to the village clerk in writing on a form provided for that purpose, except as otherwise provided.
If the applicant is an individual (sole proprietorship), the application shall contain his name, residential address and residential telephone number. If the applicant is a partnership or other noncorporation business entity, the application shall contain the name and residential address and residential telephone number of each partner, principal or member thereof. If the applicant is a corporation, the application shall contain the name, residential address and residential telephone number of each principal officer and the registered agent thereof. Each application shall also contain:
A. A designation of the type or kind of license or permit desired;
B. The location or proposed location of the place of business, occupation or activity;
C. The applicable fee to be paid;
D. The number of the certificate of registration required under the retailers' occupation tax act, service occupation tax act and/or the use tax act, if applicable; and
E. Such additional information as may be needed for the proper guidance of municipal officials in the evaluation of such application, including proof of any insurance policy or bond required by this code. (Ord. 912, 8-24-1981)
A. Where this code authorizes or necessitates an investigation or inspection by any department or official of the municipality before the issuance of a license, and requires the approval by such department or official regarding the proper location or condition of the premises in which the business, occupation or activity for which a license is applied is to be managed, conducted, operated or carried on, or regarding the condition and nature of the equipment and methods intended to be used by the applicant in such business, occupation or activity, then the clerk shall transmit to the appropriate official or department such information necessary for the required investigation or inspection.
B. The designated official or department: 1) shall make all necessary investigations and inspections, and the results thereof shall be reported in writing to the clerk, and 2) shall indicate on the application a recommendation for the approval or disapproval thereof.
C. Upon receipt of all related investigative and inspection reports, the clerk shall forward such reports together with the application, to the village president for final determination.
D. Inspections, Analyses:
1. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by this code, or any ordinance, or are reasonably necessary to assure compliance with the provisions of any ordinance or regulation of the municipality, 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 the inspection any officer or employee of the municipality who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
2. Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of this code, or of any ordinance or regulations, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to give to any duly authorized officer or employee of the municipality requesting the same sufficient samples of such material or commodity for such analysis upon official request.
3. In addition to any other penalty which may be provided, the village president may revoke, under the provisions of this code, the license of any owner or operator of a licensed business in the municipality who refuses to permit any duly authorized officer or employee to make such inspection or to take an adequate sample of said commodity, or who interferes with such officer or employee while in the performance of his duties. (Ord. 912, 8-24-1981)
A. If, after due consideration of the information contained within the application and related investigative and inspection reports, the village president shall determine that the application is satisfactory, he shall approve the application. Thereupon, the village clerk shall notify the applicant that the application has been approved. The license or permit shall be signed by the village president, attested by the clerk, and then issued to the licensee.
B. If, after due consideration of the information contained within the application and related investigative and inspection reports, the village president shall determine that matters concerning the application are unsatisfactory, he shall disapprove the application, indicating the reasons therefor. Thereupon, the clerk shall notify the applicant that the application has not been approved and that no license or permit will be issued. (Ord. 912, 8-24-1981)
A. Annual License: Each license shall indicate its term. All annual licenses shall be operative and the license year for the municipality shall commence on July 1 of each year. Every license shall expire on December 31 following the date of issuance, except where otherwise provided herein. (Ord. 1305, 6-22-1992)
B. Notice Of Expiration: The clerk shall endeavor to notify each annual licensee of the expiration of time of the license held by the licensee at least twenty one (21) days prior to such expiration date; provided, however, that a failure to make such notification or the licensee's failure to receive it, shall not exclude the licensee from the obligation to obtain a new license or a renewal.
C. Renewal Of License: Except as otherwise provided herein, each license may be renewed upon proper application and payment of the required fee. The requirements and procedures for granting and issuing a license renewal shall be the same as the requirements for granting a new license. (Ord. 912, 8-24-1981)
D. License Fee: Business license fees shall be:
Fiscal year 2013 | $36.00 |
The above mentioned fees shall be paid annually unless otherwise provided, and proof of any bond or liability insurance policy required by this title shall be provided with the license fee.
E. License Fee, Food Service Establishments: All license fees for food service establishments shall be as follows:
Fiscal year 2013 | $31.00 |
Said license fee shall be paid annually and proof of any bond or liability insurance policy required by this title shall be provided with the license fee.
F. License Fee, Gasoline Service Stations: All license fees for gasoline service stations shall be as follows:
Fiscal year 2013 | $31.00 per year per fuel pump |
License fees shall be paid annually and proof of any bond or liability insurance policy required by this title shall be provided with the license fee. (Ord. 2012-O-012, 6-11-2012)
G. Late Payment Charge: All annual licenses shall be paid in a timely manner as provided by this section. In the event a license fee is not paid in a timely manner, the licensee shall pay a late payment charge in the amount of five dollars ($5.00) if payment is made within thirty (30) days of the original due date and ten dollars ($10.00) if payment is made thereafter. (Ord. 2007-O-029, 6-25-2007)
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