TITLE 3
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSING AND PERMIT PROVISIONS
GENERAL LICENSING AND PERMIT PROVISIONS
SECTION:
3-1-1: Enforcement Of Licensing Provisions
3-1-2: License Required
3-1-3: Applications For Licenses And Permits
3-1-4: Persons Subject To License Or Permit
3-1-5: Forms And Contents
3-1-6: Investigation Of Application
3-1-7: Fees, Delinquent Payments And Penalty
3-1-8: Term Of Licenses
3-1-9: Reinspection Prior To Renewal
3-1-10: License Renewal
3-1-11: Transfer Or Assignment Of License
3-1-12: Posting Of License
3-1-13: Duplicate, Replacement Of License Or Insignia; Fee
3-1-14: Building And Premises
3-1-15: Location Requirements
3-1-16: Inspections; Littering; Snow And Ice Removal
3-1-17: Nuisances Prohibited
3-1-18: Defacing, Damaging Or Removing License Or Insignia
3-1-19: Unlawful Use Of License Or Insignia
3-1-20: Suspension, Revocation Of License Or Permit
3-1-21: Appeal Procedure
3-1-22: Penalty
A. Authority To Enforce:
1. It shall be the duty of the village president, or his duly authorized agent, to examine or cause to be examined all persons and places of business subject to license for the purpose of ascertaining whether or not such licenses have been procured.
2. In case of the neglect or refusal of any person to procure a license as required by any section of this title or any ordinance, the village president shall have the authority, and it shall be his duty, to take such action as he deems necessary to enforce said license requirement.
B. Police Powers: The village president or his duly authorized agent, shall have full police powers to enforce the provisions of this title or applicable ordinance, shall have the right to cause to be arrested any person who violates any of the license provisions of this title or any ordinance and shall have the right of entry, at any time, to any place of business for which a license is required by this title or any ordinance, for the purpose of ascertaining whether or not the said license provisions have been complied with.
C. Action To Compel Compliance: It shall be the duty of the official or board charged with the enforcement of any license provisions of this title or any ordinance to take such action as shall be necessary to compel compliance with the said provision. (Ord. 608, 10-8-1986)
It shall be unlawful for any person to conduct, engage in, maintain, operate, carry on, or manage a business, occupation, activity, or offer for use by the public, equipment, devices or machines, for which a license is required, without a license first having been procured for such business or occupation. (Ord. 608, 10-8-1986)
A. Make Application To Clerk: Applications for all licenses and permits required by this title or any ordinance shall be made in writing, under oath, to the village clerk.
B. Contents Of Application: Each application shall contain:
1. The name of the applicant.
2. The type of permit or license desired.
3. The location to be used, if any.
4. The time covered.
5. The fee to be paid.
7. Such additional information as may be needed for the proper guidance of the village officials in the issuing of the license or permit applied for. (Ord. 608, 10-8-1986)
Notes
| 1 | 1. 65 ILCS 5/8-11-1; 35 ILCS 120/1. |
| 2 | 2. 65 ILCS 5/8-11-5; 35 ILCS 115/1. |
| 3 | 3. 65 ILCS 5/8-11-6; 35 ILCS 105/1. |
Whenever in this title or in any village ordinance, a license or permit is required for the maintenance, operation or conduct of any 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, activity, or occupation; or if he solicits patronage therefor, actively or passively, or if he performs or attempts to perform any part of such business, activity, or occupation in the village. (Ord. 608, 10-8-1986)
Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the village clerk. Each license or permit issued shall bear the signature of the village president, village clerk and one trustee, shall bear the seal of the village, name of the licensee, address, nature of business or occupation licensed, amount of fee paid, and such other material information as the village president shall prescribe. (Ord. 608, 10-8-1986; amd. 1999 Code)
A. Refer Application To Appropriate Official: Upon the receipt of an application for a license or permit, where an investigation or inspection is required by ordinance before the issuance of such permit or license, or where an inspection or investigation shall be deemed reasonably necessary or appropriate, the village clerk shall refer the application to the appropriate officials for the making of such investigation or inspection.
B. Health And Safety Related Inspections:
1. The building inspector acting as the health officer shall make or cause to be made an inspection regarding such permits and licenses as relate to the care and handling of food, the prevention of nuisances and the spread of disease, and the protection of health, or may accept, after review, inspections made by the Will County health department for such licenses.
3. All other investigations, except where otherwise provided, shall be made by the police administrator or by some other officer designated by the village president.
4. The village president may require inspection by the Monee fire protection district inspector in appropriate cases.
C. Report By Investigating Official: The official to whom the application has been referred shall make a report thereon, favorable or otherwise, within ten (10) days after receiving such application or a copy thereof, unless delayed by action of the applicant.
D. Committee Evaluation Of Reports: Upon receipt of all related investigative reports, the village clerk shall forward such reports, together with the application, to the finance, ordinances and license committee for evaluation, which committee shall make recommendations to the village president and board of trustees on approval of the license.
E. Request For Additional Information: If it shall appear to the corporate authorities that the matters and circumstances relating to an application require further information before a proper determination can be made, such application shall be returned to the applicant by the village clerk for the inclusion of such additional information as may be specified necessary and appropriate.
F. Considerations: In considering an application for a license, the village president and finance, ordinances and license committee may consider the general welfare of the citizens, and particularly such matters as congestion and traffic on public streets and rights of way, adequacy of personnel to control and police the activity involved in the license, the public convenience and necessity of the activity sought to be licensed, nuisances, morals, health and safety.
G. Denial Of License; Right Of Appeal: If, after due consideration of the information contained within the application, the related investigative reports, and the recommendation of the finance, ordinances and license committee, the village president shall determine that the matters concerning the application are unsatisfactory, he may disapprove such application, indicating the reasons therefor. Thereupon, the village clerk shall be directed to promptly notify the applicant that his application is disapproved, and that no license or permit will be issued. Any applicant denied a license shall have the right to appeal said decision pursuant to section 3-1-21 of this chapter.
H. Approval And Issuance Of License: If, after due consideration of the information contained within the application, the related investigative reports, and the recommendation of the finance, ordinances and license committee, the village president shall determine that the application is satisfactory, he shall approve the application. Thereupon, the village clerk shall be directed to promptly notify the applicant that his application is approved, and the license or permit may be issued. (Ord. 608, 10-8-1986; amd. 1999 Code)
Notes
| 1 | 1. See title 9 of this code. |
| 2 | 2. See title 11 of this code. |
A. Payment Of Fee:
1. Advance Payment: In the absence of provisions to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the village clerk in the amounts prescribed in the schedule set forth in chapter 2 of this title. (Ord. 608, 10-8-1986)
2. Prorate Fee: When an applicant has not engaged in the business or activity until after the expiration of part of the current license year, the license fee shall be prorated by one-half (1/2) year and the fee paid for six (6) months thereof during which the business or activity has been or will be conducted. (Ord. 608, 10-8-1986; amd. 1999 Code)
3. Corporate Fund: Except as otherwise provided, all license and permit fees shall become a part of the corporate fund.
4. Rebate Or Refund Prohibited: In no event shall any rebate or refund be made of any license or permit fee, or part thereof, by reason of death or departure of the licensee or permittee; nor shall any rebate or refund be made by reason of nonuse of the license or discontinuance of the operation or conduct of the licensed establishment, business, or activity. (Ord. 608, 10-8-1986)
B. Annual Fees: Except where otherwise expressly provided, the fee specified for each annual license, when required for a full calendar year, shall apply only when such fee is paid to the village clerk on or before January 31 of such calendar year. Payment of an annual license fee on or after February 1 of such calendar year, when required for a full calendar year, is a delinquent payment, except for a new business, and the applicable annual license fee shall be two hundred percent (200%) of the specified annual fee. (Ord. 1530, 4-12-2010; amd. Ord. 1990, 10-13-2021)
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