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Any person, firm or association displaying for public patronage, any vending machine, mechanical amusement device or juke box shall have such device registered with the village before it is placed in use. Applications for such registration shall be provided for by the village.
(Ord. 88-40, passed 12-14-88)
(A) Subject to the terms and provisions of this chapter, and the codes and standards of the village and the state, the Building Commissioner or his designee will, with the attestment of the Village Clerk issue such licenses and/or registrations.
(B) Each application shall be processed, if not approved a written reason for denial shall be forwarded to the applicant.
(C) The term of each license and/or registration shall begin on January 1 of the year the license and/or registration is issued for, until December 31, of the same year.
(D) Exception 1. For new businesses or contractors the starting date will be the date of issuance.
(E) Exception 2. If for any reason the requirements of this chapter are not complied with or lapse, the license and/or registration may be suspended, until such compliance is made. If compliance is not made, within 30 days of written notification, the license and/or registration may be terminated.
(F) Approved registrations for vending machines and amusement devices shall include a display tag. Such tag shall be conspicuously located and visible, on each device.
(Ord. 88-40, passed 12-14-88)
If any of the following issues are found to exist, the license or registration requested may not be issued.
(A) The business or structure is not in compliance with the provisions and terms of the ordinances and codes of the village, and/or the State of Illinois.
(B) The owner of the establishment, business or such legal entity comprising the ownership is indebted, either financially or by performance, to the village, at the time of application.
(C) The owners or managers permit or suffer to permit the commission of a nuisance, breach of morality, safety, or health or other similar act as defined under the codes, ordinances, and laws of the village and the state.
(Ord. 88-40, passed 12-14-88)
(D) The owner, proprietor or the representative of the business or the establishment, has not complied with, completed or maintained the conditions or requirements of any agreements and/or codes, relating to the site or the establishment. This shall include the maintenance of signs, landscaping, parking areas, parkways and public sidewalks. (Ord. 89-30, passed 11-8-89)
(A) Business licenses.
(1) Each commercial and business establishment obtaining a business license shall be required to pay an annual fee as indicated in the following schedule:
(a) $140 for each 2,000 square feet or fraction thereof. The maximum fee charged shall not exceed $1,200.
(b) For new establishments the fee shall be prorated at the rate of $12 per month for each 2,000 square feet or fraction thereof.
(c) Temporary or special event operations shall pay a fee of $50 per month for each 2,000 square feet or fraction thereof.
(2) Additional fees for routine inspections; signs, sanitation, elevators or other similar inspections shall be charged back to the business. The charge of such inspection when made by a consultant or third party shall be billed back plus a $15 handling fee.
(3) Refunds of fees for businesses discontinued or relocated will not be allowed.
(4) Transfer of locations, for existing buildings already located within the village limits, will only be charged an additional fee if the square footage of the new establishment has increased.
(5) Transfer of ownership, will be designated as a discontinuance of the business.
(6) All commercial and business establishments will be required to pay a minimum fee based on a floor area of one square foot.
(B) Amusement devices/video gaming terminals.
(1) The annual license fees for all amusement devices shall be $150.
(2) Pursuant to ILCS Ch. 230, Act 40, § 65, the annual fee for the operation of a video gaming terminal is $250.
(C) Vending machines.
(1) All vending machines for any tobacco products receiving a registration shall pay an annual fee of $120 each.
(2) All vending machines for non-tobacco products receiving a registration shall pay an annual fee of $50 each.
(D) Exceptions and refunds.
(1) An exception to the fees listed in divisions (B) and (C) above may be requested from the Village Board when the proceeds from such a device are intended for a charitable organization.
(2) Refunds for vending machines, or amusements devices replaced will not be allowed. When an identical device is used as a replacement no additional fee will be charged.
(E) Contractor fees. Each contractor or subcontractor shall pay an annual license fee of $100.00 which shall be in addition to any other fee required to be paid by any contractor or subcontractor. This requirement shall not apply to any electrical contractor holding a valid license from any other municipality. Any license issued pursuant to this section shall be valid for a period of one year from the date of its issuance.
(F) Refunds. Refunds of fees for businesses discontinued, contracts terminated, or construction suspended or discontinued will not be allowed. Transfer of ownership, or a change in the business name will be designated as a discontinuance of the business.
(Ord. 88-40, passed 12-14-88; Am. Ord. 94-36, passed 11-16-94; Am. Ord. 2002-015, passed 9-4-02; Am. Ord. 2022-001, passed 1-5-22)
(G) Commercial and business licenses.
(1) Each existing commercial and business establishment required to obtain a business license shall do so prior to the first day of the calendar year.
(2) Each new commercial and business establishment required to obtain a business license shall do so prior to the first day of operation of such business, or before occupancy is approved.
(3) Failure to comply in the time frames indicated in divisions (G)(1) and (2) above shall result in a late charge of $25 per month or fraction thereof being assessed, in addition to the full amount of the license fee, and penalties that may be due.
(H) Contractors or subcontractors.
(1) Reserved.
(2) Each contractor or subcontractor as listed in § 110.03 shall obtain a registration before beginning any construction or installation or before a building permit listing them as a contractor can be issued.
(3) Failure to comply in the time frames indicated in divisions (H)(1) and (2) above shall result in a late charge of $25 per month or fraction thereof being assessed, in addition to the full amount of the license fee, and penalties that may be due.
(I) Date of vending or amusement license.
(1) Each existing commercial and business establishment required to obtain a vending or amusement device license shall do so prior to the first day of the calendar year.
(2) Each new commercial and business establishment is required to obtain a vending or amusement device license shall do so prior to the first day of operation of such business.
(3) Where new or replacement devices are installed, the commercial and business establishment is required to obtain a vending or amusement device license, prior to the first day of installation of such device.
(4) Failure to comply in the time frames, indicated in divisions (I)(1) and (2) above shall result in a late charge of $25 per month or fraction thereof being assessed, in addition to the full amount of the license fee, and penalties that may be due.
(J) Each container, which size is in excess of 30 cubic feet, shall have paid the following annual license fee according to container size:
(1) From 1.1 cubic yards (30 cu. ft.) up to 6 cubic yards (162 cu. ft.) - $100.00
(2) From 6 cubic yards (162 cu. ft.) up to 18 cubic yards (486 cu. ft.) - $200.00
(3) From 18 cubic yards (486 cu. ft.) up to 59 cubic yards (1593 cu. ft.) - $300.00
(4) From 59 cubic yards (1593 cu. ft.) up to 150 cubic yards (4050 cu. ft.) - $400.00
(5) From 150 cubic yards (4050 cu. ft.) and larger - $500.00
(K) Every commercial and business establishment storing any motor vehicle intended for sale, other than at a motor vehicle sales facility located entirely within the village, shall pay the following annual license fee:
(1) Storage of no more than 20 vehicles at any one time - $3,000.00
(2) Storage of no more than 30 vehicles at any one time - $4,500.00
(3) Storage of more than 30 vehicles at any one time - $10,000.00
(L) Grace period. A grace period of up to 15 days may be authorized to contractors and businesses, where circumstances involving the completion of the requirements are recognized by the Building Official or his assignee as being beyond the control of the applicant.
(Ord. 89-30, passed 11-8-89; Am. Ord. 93-05, passed 1-12-93; Am. Ord. 99-07, passed 2-17-99; Am. Ord. 2003-022, passed 12-3-03; Am. Ord. 2012-002, passed 3-7-12)
(A) Every license and registration issued under this chapter is subject to revocation, should any license or registration holder, directly or indirectly be found guilty of violating the ordinances, codes or laws of the State of Illinois, the County of Cook or the Village of Orland Hills.
(B) Every license and registration issued under this chapter is subject to suspension, should any owner of the establishment, business or such legal entity comprising the ownership becomes indebted, either financially or by performances to the village. during the license and/or registration period and fails to satisfy such indebtedness within 60 days of such billing.
(Ord. 88-40, passed 12-14-88)
Every person, group of persons, or corporation, desiring to engage in the business which requires the issuance of a license by the village shall make application for a business license in writing on forms furnished by the village. A separate application for each place of business or location shall be made under oath and shall be filed with the Village Clerk. Each applicant shall furnish under oath the following information:
(A) The name, age, date of birth, Social Security number, address, phone number, credit information, and fingerprints of each applicant and such other information as may be required by such application, and in case of a partnership, the persons entitled to share in the profits, and in case of a corporation or a club, the object for which it was organized, a list of names, residence address, and phone numbers of its officers, directors, shareholders, and members, and a certified copy of the Articles of Incorporation or charter;
(B) The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization;
(C) The character of the business of the applicant;
(D) The location and description of the premises or place of business which is to be operated under such license;
(E) A statement whether applicant has made any other application for a similar license on premises other than described in this application, and the disposition of such application. Such statement shall include any other application which the applicant was in any way involved with regardless of the name, structure, and the like of the business entity;
(F) A statement that the applicant has never been convicted of either a misdemeanor nor a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of the state, or other ordinances of the village;
(G) Whether a previous license by a state or subdivision thereof, or by the federal government has been suspended or revoked, and the reasons therefor;
(H) A statement that the applicant will not violate any of the laws of the state or of the United States or any ordinance of the village in the conduct of his place of business;
(I) The type of license desired by the applicant;
(J) Whether the applicant owns the premises for which a license is sought, and if he does not, the name of his landlord and the period of his lease. A complete and correct copy of the lease shall be attached to the application;
(K) Whether the applicant intends to manage and conduct the business in person, and if not, the name of the manager or agent who is to conduct the business for which the license is sought;
(L) A statement that the applicant shall be required to and shall require all officers, agents, and employees of the applicant to testify (subject to constitutional limitations) at any hearing that may be called by the village, or any of its committees, commissions, board, or agencies, relating directly or indirectly, to any events or occurrences of which they may have knowledge arising out of their position as officer, agent, or employee of the licensee. In addition, a statement that applicant has so informed all officers, agents, and employees, and has made the same a condition of employment for all employees.
(M) (1) In addition to the foregoing information, the application shall contain such other information as the Village Clerk may prescribe in order to process the business license application.
(2) In case the application is made by a partnership, all partners must sign the application and the information required by this section shall be furnished as to each partner.
(3) In case the applicant is a corporation, the application shall be signed by an authorized representative of the corporation, and the corporate seal shall be affixed. The information required by this section shall be furnished as to each corporate officer and to any person owning 5% or more of the stock in the corporation.
(4) Every application for a license, whether new or renewal, where the real estate title of the premises is in a trust, shall be accompanied by a sworn affidavit of the land trustee or a beneficiary of the trust, disclosing the names, residence addresses, and beneficial interest of each beneficiary of the land trust.
(5) By making application hereunder, the applicant agrees that the Village Clerk shall cause to be conducted a background search and credit check on the applicant, and applicant further agrees to cooperate fully regarding the same, including, but not limited to, identifying and authorizing the release of relevant credit information, and criminal history information.
(6) The applicant must also provide a letter of intent indicating the type and nature of the applicant's business, and the types of activities to be conducted on the licensed premises. Any basic change in the activities to be conducted or the type and nature of the premises or business must be submitted to the Village Clerk for approval by the Village President.
(Ord. 2012-005, passed 3-21-12)
(A) In connection with the first application of any person, group of persons, partnership, or corporation applying for a license under this section, said applicant shall pay at the time of such application a non-refundable initial license application fee of $750 which shall be in addition to the license fee required in the village. Such amount shall be due and paid at the time when the application is completed and filed with the Village Clerk. The initial license application fee shall be for the purpose of defraying any costs which the village may incur as a result of the review and investigation of the application.
(B) The village may, following approval by a majority vote of the Board of Trustees, retain or refund any or all of the initial license application fee, regardless of whether the applicant has been granted a license.
(Ord. 2012-005, passed 3-21-12)
(A) All applications for license under this section shall be presented to the Village Clerk. It shall be the duty of the Village Clerk or the Village Clerk's designee to investigate and consider the application. For this purpose the Village Clerk may enlist the aid of the Chief of Police to complete the investigation.
(B) Every person who is fingerprinted in connection with any license shall pay a processing fee of $200.
(Ord. 2012-005, passed 3-21-12)
No license shall be issued to:
(A) A person who is not of good character and reputation;
(B) A person who is not a citizen of the United States;
(C) A person who has been convicted of a felony or misdemeanor under federal or state law, if the Village President or Village President's designee determines after investigation that such person is not of sufficient character to warrant the public trust and to have issued to him a license;
(D) A person who has been convicted of being the keeper or is keeping a house of ill fame or prostitution;
(E) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality or involving moral turpitude;
(F) A person who has been convicted of or has pending any felony or misdemeanor under any federal or state law dealing with or regulating alcoholic liquor, drugs, cannabis sativa, or any controlled substances as defined under any such law;
(G) A person whose license issued under this chapter has been revoked for cause, or any person who applies as an individual but who was a partner or an officer, manager, director, or shareholder with at least a 5% ownership interest in a corporation which corporation or partnership is ineligible or has previously had a license revoked;
(H) A person who has had a license by any other unit of government which has been revoked for cause;
(I) A person who has had a license issued under this chapter or by any other unit of government which has been suspended, if the Village President or the Village President's designee determines, after investigation, that such a person is not of sufficient character to warrant the public trust and to have issued to him a license;
(J) A partnership, unless all of the members of such partnership shall be qualified to obtain a license;
(K) A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate of more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship;
(L) A corporation, unless it is incorporated in the state or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act to transact business in the state;
(M) A person whose place of business is operated by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee;
(N) A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(O) Any law enforcing public officer or employee of the village;
(P) A person who is not a beneficial owner of the business to be operated by the licensee; or
(Q) A person who has been convicted of a gambling or weapons offense under the laws of the state as heretofore or hereafter amended.
(Ord. 2012-005, passed 3-21-12)
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