3-1-2: LICENSE REQUIRED:

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)

3-1-3: APPLICATIONS FOR LICENSES AND PERMITS:

   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.

      6.   The address to which any notice provided herein is to be mailed. Each application shall contain the number of the certificate of registration required under the retailers' occupation tax act 1 , service occupation tax act 2 , and/or use tax act 3 , if applicable.

      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.

3-1-4: PERSONS SUBJECT TO LICENSE OR PERMIT:

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)

3-1-5: FORMS AND CONTENTS:

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)

3-1-6: INVESTIGATION OF APPLICATION:

   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.

      2.   The building inspector shall make or cause to be made any inspections which relate to compliance with the building code 1 , zoning ordinance 2 , and other related regulations.

      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.

3-1-7: FEES, DELINQUENT PAYMENTS AND PENALTY:

   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)

3-1-8: TERM OF LICENSES:

   A.   License Year; Proration Prohibited: All annual licenses shall be operative and the license year for the village shall commence on January 1 of each year and shall terminate on December 31 of the same year, where no provision to the contrary is made. There shall be no proration of license fees for partial years.

   B.   Notification Of License Expiration: The village clerk shall notify all licensees of the village of the time of expiration of the license held by the licensee (if an annual) three (3) weeks prior to the date of such expiration. Provided, however, that a failure to make such notification, or the failure of the licensee to receive it, shall not excuse the licensee from the obligation to obtain a new license, or a renewal thereof, nor shall it be a defense in an action based upon operation without a license. (Ord. 608, 10-8-1986)

3-1-9: REINSPECTION PRIOR TO RENEWAL:

At least thirty (30) days prior to the expiration of any license or class of license, the village president shall notify each proper official that is required to make an investigation or inspection as to the character or fitness of any applicant for a license, or as to the proper location or condition of the premises in which the business or occupation is to be conducted or engaged in, to submit to him, a list of licenses which said official desires not to have renewed without a new investigation as to any matter which he is charged with the duty of investigating. (Ord. 608, 10-8-1986)

3-1-10: LICENSE RENEWAL:

The village clerk, upon the order of the village president, shall have the authority to authorize the renewal of any license at the beginning of a new license period upon the payment of the required fee unless he has been notified prior to the beginning of the license period not to renew any such license by the official who is required to make such investigation or inspection, in which event no renewal shall be had until such notice is withdrawn or a new investigation or inspection has been made and renewal of license approved. A list of all licenses renewed shall be furnished the police administrator. (Ord. 608, 10-8-1986)

3-1-11: TRANSFER OR ASSIGNMENT OF LICENSE:

   A.   Procedure:

      1.   Authority To Transfer: Where the transfer is not otherwise prohibited, any person to whom any license shall have been issued may, with the permission of the village president, assign and transfer the same to any other person of approved character and qualifications.

      2.   Form: Such assignment shall be executed in the form prescribed by the village president.

      3.   Surrender Of License: The person to whom such license is issued or the assignee of such license, shall surrender such assigned license to the village clerk, and if required to do so by the village president, shall also surrender any license certificate, tags, plates, badges, emblems or other insignia which have been issued to the licensee.

      4.   Issuance Of New License: A new license shall then be issued for the unexpired term of the old license, authorizing the assignee or transferee of such license to engage in the same business or occupation at such place as may be named in such new license; provided, however, no business or occupation shall be engaged in at any new location until such assignee or transferee shall have complied with the provisions of any section of this title or ordinance relating to the engaging in of such business or occupation at such new location.

      5.   Bond Requirement: In all cases where a bond is required, the person obtaining such new license shall give a bond with sureties which shall conform as near as may be to the bond upon which such surrendered license was issued.

   B.   Transfer Limitation: No more than one transfer of ownership shall be allowed on any license. (Ord. 608, 10-8-1986)

3-1-12: POSTING OF LICENSE:

   A.   Posting Required: It shall be the duty of every person conducting a licensed business in the village to keep his license posted in a prominent place on the premises used for such business at all times.

   B.   Removal Upon Expiration: No license certificate, plate, badge, tag, emblem, or other insignia shall be permitted to remain posted or displayed after the period for which the license was issued has expired. (Ord. 608, 10-8-1986)