Unless specifically defined otherwise within this Chapter, the following words and terms when used in this Chapter shall be construed as herein defined:
ACCESSORY: Accessory means a use, building or structure, or part of a building or structure which:
1. Is subordinate to and serves the principal building or structure or principal use;
2. Is subordinate in area, extent, or purpose to the principal building or structure or principal use served;
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use;
4. Is located on the same lot as the principal building or structure or principal use served, with the exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot as the building or use served;
5. Is not a home occupation or storage for a business.
AMUSEMENT: Any theatrical, dramatic, musical, or spectacular performance, motion picture show, circus, rodeo, animal act, athletic contest, sport, coin operated music box, juke box, games of skill, golf practice, gun ranges, or similar exhibition, and includes, without being limited thereto, poultry, animal and flower shows, skating, dancing, swimming, racing, or riding on animals or vehicles, baseball, basketball, softball, football, tennis, golf, hockey, track and field games, bowling, billiard and pool games, and any other exhibition, performance and entertainment not herein named, shown, exhibited or staged within the corporate limits of the Village and for which an admission charge is made.
BARBER SHOP: A place where hair is cut, cleansed, treated or dressed or the face shaved or beard trimmed, for hire, and where, also, manicure, chiropody or massage treatments are sometimes furnished for hire.
BASEMENT: The portion of a building located partly underground but having less than one-half (1/2) its clear floor to ceiling height below the average grade of the adjoining ground.
CELLAR: The portion of a building located partly or wholly underground but having one-half (1/2) or more than one-half (1/2) of its clear floor to ceiling height below the average grade of the adjoining ground.
COMMERCIAL ESTABLISHMENT: Shall include the following activities of commerce or commercial activities located in the Village,
1. FOOD ESTABLISHMENT: A building or premises or a portion thereof, the principal use of which is for the sale or dispensing or distribution or storage of food or foodstuffs off the promises and out of the building.
2. FOOD SERVICE ESTABLISHMENT: Any place where food that is intended for individual service and consumption in routinely provided and completely prepared. The term includes any such place, regardless of whether consumption is in, on, or off the premises, and regardless of whether there is a charge for the food. The term does not include a private home where food is prepared for individual family consumption, and it does not include a retail food store that does not cook or combine ready-to-eat potentially hazardous food for human consumption.
3. MOBILE FOOD UNIT: Any food service establishment or vehicle from which food is served without a fixed location and which is capable of being readily moved from location to location. The service of food shall not be upon or along the streets, highways, or public places of the Village or from house to house.
4. RETAIL FOOD STORE: Any establishment or section of an establishment where food and food products are offered to the consumer and intended for offpremises consumption. The term does not include establishments which handle only prepackaged, non-potentially hazardous foods, foods, food service establishment or food and beverage vending machines.
5. SEASONAL FOOD ESTABLISHMENT: Any establishment that sells food intended for public consumption and is in operation for less th an six (6) months per year (i.e., seasonal kiosks, park concessions). (Ord. 4801, 3-4-13)
6. SERVICE ESTABLISHMENT: A building or premises or a portion thereof, the principal use of which in for the rendering of personal or material services for profit, the wholesale distribution or storage of material goods or chattels, the sale or servicing or storage of motor equipment, the washing or cleaning or dyeing or repair of fabrics or wearing apparel or footwear on the premises, the storage or assembly or distribution or servicing or repair of building materials or electrical equipment or mechanical equipment, the storage or distribution of fuels or petroleum products, the services of printing or blueprinting or photocopying or multi-Tithing or publishing or duplicating or similar reproduction services, the provision of facilities for instruction or training or participating in or presentation of the fine arts, or athletic skills or dexterity or physical skills or dexterity.
7. RETAIL SERVICE ESTABLISHMENT: A retail store not licensed as a food business, but whose activities say consist of buying, selling, storing, handling, or dealing in one or more of a variety of goods including, but not limited to, packaged food, tobacco, paint, wallpaper, hardware, furniture, dry goods, clothing, shoes, fabrics, floor coverings, flowers and plants, toys, pottery, gifts, pictures, electrical goods, jewelry, automobile and truck parts, bicycles, books and newspapers.
8. TEMPORARY FOOD SERVICE ESTABLISHMENT: Any food service establishment which is operated by a person for profit and not by a charitable, religious, educational, Municipal or other not-for-profit organization, and which has no permanent location and operates for only a specified period of time at certain locations (i.e., carnivals, fairs, public displays, exhibitions, etc.).
DRY CLEANING ESTABLISHMENT: A place where clothes are cleansed with substantially nonaqueous organic solvents.
FILLING STATION: Any building, structure, or premises used for the sale or delivery of gasoline and other liquids used in the operation of motor vehicles. (Ord. 1491, 12-16-85)
FIREARM: Firearm shall mean any device by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; including, however:
1. Any pneumatic gun, spring or B-B gun which expels a single globular projectile not exceeding eighteen one-hundredths of an inch (.1811) in diameter.
2. Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce commission.
3. Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition in the building and/or construction process.
4. Model rockets designed to propel a model vehicle in a vertical direction.
FIREARM and/or FIREARM AMMUNITION SALES STORE: A facility where those devices herein defined under firearm are sold or the ammunition therefor is sold.
FIREARM RANGE: A facility where those devices herein defined under firearm and as restricted hereinafter may be fired or discharged. (Ord. 2010, 7-2-90)
FLOOR AREA: Floor Area means the sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures. The term does not include any area used exclusively for the parking of motor vehicles.
FOOD(S): Any raw, cooked or processed edible substance, beverage or ingredients including ice used or intended for use or for sale in whole or in part for human consumption.
HAWKER: A peddler who cries his wares or exhibits for sale.
KITCHEN or FOOD PREPARATION AREA: An ascertainable room or area which is separate and distinct from other facilities within a food service establishment and which contains all necessary equipment for the type and volume of foods being prepared and served.
LAUNDROMAT: Includes establishments wherein washing machine units are available for use by the general public upon the deposit of a coin or the payment of a fee to the operator of such establishment or his agent.
LAUNDRY: Any place, building, structure, room or portion thereof which is used for the purpose of washing, drying, starching or ironing shirts, dresses, underwear, collars, cuffs or other wearing apparel, table, bed, or other household linens, towels, curtains, draperies or other washable fabrics, such work being done for the general public. The word "laundry" shall also mean and include any private laundry maintained or operated in connection with a hotel, restaurant or public institution, except a hospital or charitable institution where no charge in made for laundry services.
OWNER: Owner means a person or persons recorded as such on official records and includes a duly authorized agency or notary, a trustee, a purchaser, or a devisee; any person having a vested or contingent interest in the property in question.
PEDDLERS AND HAWKERS: Peddle shall mean the selling, bartering or exchanging or the offering for sale, barter or exchange of any tangible personal property upon or along the streets, highways or public places of the Village or from house to house, whether at one place thereon or from place to place, from any wagon, truck, pushcart or other vehicle or from movable receptacles of any kind, but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items. Nor shall peddle be taken to include the solicitation of orders by sample where the goods are not delivered at the time the order is taken.
PERSON: Person means an individual, corporation, governmental agency, business, trust estate, partnership, two or more persons having joint or common interest, or any other legal entity.
PUBLIC GARAGE: Any building or premises where one or more motor vehicles, using inflammable liquids for fuel or power, which are operated otherwise than on rails, are kept for sale or rent or housed, stored, serviced or repaired for hire. (Ord. 1491, 12-16-85)
SECONDHAND DEALER: A person conducting the business of purchasing, trading, bartering, or exchanging secondhand gold, silver, and other precious metals and the personal property listed below.
SECONDHAND GOODS: Secondhand goods or used personal goods shall consist of any item of personal property or object of value such as gold, silver, jewelry, and/or other precious metals, which is not purchased or sold as new. Secondhand or used personal goods do not include goods properly purchased by one licensed, established merchant in the normal course of business from another licensed established merchant. Secondhand or used personal goods shall include, but are not limited to, the following items:
(1). Jewelry of any kind and/or any metal, precious or semiprecious in nature;
(2). Gold, silver, and/or other precious metals in whatever identifiable form except for numismatic coins or bullions;
(3). Any type of gold or precious stone, including diamonds;
(4). Office equipment; and
(5). Electronic equipment such as televisions, radios, stereos and computers.
PRECIOUS METALS: Any item containing as part of its composition in any degree, gold, silver, platinum or pewter.
GEMS: Any item containing or having any precious or semiprecious stones customarily used in jewelry or ornamentation.
EXCLUSIONS: The provisions of this definition do not apply to the following businesses or dealers:
(1). Flea market;
(2). Neighborhood garage sales;
(3). Nonprofit or charitable secondhand goods or thrift type shops; and
(4). Other specific business activity listed in the Business License Section.
(Ord. 1981-A, 5-21-90)
SERVICE ACCOMMODATION: The seating place where one patron or customer to be served can be seated, or in lieu of seating space, two (2) lineal feet of counter space or two (2) square feet of floor space which may be used or occupied by one patron or customer to be served while standing or sitting. (Ord. 1491, 12-16-85)
SNACK TRAY BOX: Any box, tray, tray container, or other receptacle which contains for sale candy, crackers, cookies, or other food(s). (Ord. 2210, 4-27-92)
TAXICAB: Any motor vehicle or other vehicle used upon the streets of the Village for transportation of passengers for hire, except buses subject to State regulation as a public utility.