(A) Beginning July 1, 2020, a tax is hereby imposed upon all persons engaged in the business of selling cannabis at retail in the Village, other than cannabis purchased under the Illinois Compassionate Use of Medical Cannabis Program Act, ILCS Ch. 410, Act 130, §§ 1 et seq., at the rate of three percent (3%) of the gross receipts from such sales made in the course of that business. Retailers may reimburse themselves for their tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that retailers are required to collect.
(B) The imposition of the tax imposed by this Section is in accordance with the provisions of Section 8-11-23 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-23), as amended, and is in addition to any and all other taxes and charges.
(C) The tax imposed by this section, and all civil penalties that may be assessed as an incident thereto, shall be remitted to, collected by and enforced by the Illinois Department of Revenue in accordance with the provisions of Section 8-11-23 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-23), as amended. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this section.
(D) The failure to timely collect or remit all taxes due pursuant to this section is a violation of this code, and may be subject to the penalties hereunder.
(Ord. 19-46, passed 1-13-20)
CHAPTER 126: FOOD TRUCKS
Section
126.01 Definitions
126.02 License required; fee
126.03 Vending stations
126.04 Regulations; health and safety standards
126.05 Vehicle appearance and maintenance
126.06 Liability insurance required
126.99 Penalty
§ 126.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD TRUCK VENDOR. A person engaged in the business of selling food or nonalcoholic beverages from a self-contained motorized vehicle or a self-contained enclosed trailer with valid license plates and registration.
(Ord. 20-02, passed 4-13-20)
§ 126.02 LICENSE REQUIRED; FEE.
(A) License required. No person, firm, association, partnership, corporation, LLC or other entity shall operate as a food truck vendor without having first obtained a license from the village for each vehicle to be operated within the village. A certificate from the County Health Department stating that the food truck vendor is authorized to sell/distribute food must accompany any license application. The license must be displayed in or on each vehicle to be used in the operation of any such business.
(B) License fee. The non-refundable fee for the license required by this chapter shall be $25.
(C) Duration of license. A license under this chapter is valid for one calendar year and subject to renewal on April 1 of each year.
(D) Licenses not transferrable. Licenses issued under this chapter are not transferable.
(E) Revocation; safe driver and other license requirements. The village may revoke any food truck vendor’s license if the driver of said vehicle is convicted of a moving traffic law violation occurring while operating a food truck or trailer in the village, for violations of the requirements set forth in this chapter and/or code, or for other good cause shown.
(Ord. 20-02, passed 4-13-20) Penalty, see § 126.99
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§ 126.03 VENDING STATIONS.
(A) Public property. Sales occurring on public property by food truck vendors are permitted only from designated food truck vendor areas. Maps of these designated places of sales are available in the Village Clerk’s office and on the village’s website. The issuance of an annual food truck vendor license does not in any way reserve or designate space in the food truck vendor areas. Availability will be on a first come, first serve basis.
(B) Private property. Food truck vendors may operate from private property in the same manner as provided for private property operators. Food trucks shall be located in designated parking spaces and shall not be allowed in fire lanes, drive aisles, or handicapped parking spaces, nor impede traffic flow or emergency access or have an adverse effect on other activities on the property. No more than three food trucks shall be allowed on a property at any given time, and no tables or chairs may be set up alongside a food truck. Appropriate refuse and recycling containers shall be provided for proper disposal of waste.
(C) Food truck vendors must have permission from the property owner as well as any adjacent property owner(s) to operate on private property.
(Ord. 20-02, passed 4-13-20) Penalty, see § 126.99
§ 126.04 REGULATIONS; HEALTH AND SAFETY STANDARDS.
(A) Food truck vendors shall not be permitted to utilize amplified sound.
(B) Food truck vendors are not permitted to utilize village water, electric, or other utility to conduct business. When operating as a private property operator, electricity may be utilized with the permission of the property owner.
(C) No tents, tables, chairs, or other displays shall be placed at the designated vending area.
(D) Signage shall be limited to signs permanently or magnetically affixed to the vehicle. One A-frame sign shall also be permitted. This sign must be within ten feet of the vehicle and shall be limited to six square feet per side (two sides permitted).
(E) A motorized food truck shall not idle while serving food unless its operation is essential to producing the product sold.
(F) Food truck vendors shall only permit sales from the curb side of the vehicle when parked on a village street.
(G) No service area for the operation of a food truck or trailer shall block, obstruct, or interfere with vehicular, bicycle, or pedestrian traffic flow. Food truck vendors must maintain a minimum four foot wide clear walkway on all public sidewalks.
(H) Food truck vendors may operate at one location for a minimum of 30 minutes and a maximum of four consecutive hours and may not return to that same location for a minimum of two hours after leaving, unless affiliated with an approved temporary special event and meet proper water storage needs on the truck are met per health code requirements.
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(I) Food truck operators must provide the addresses of the businesses or facilities at which any fat, oil or grease generated during the operation of the food truck or food trailer is disposed of, including the contact information for the individual or business responsible for the operation of each such business or facility. Any change in the businesses or facilities used for the disposal of such fat, oil and grease shall be reported to the Village Clerk in writing by the food truck vendor within three business days of the first use of the new business or facility. No oil may be disposed of on public property or in the sewer system.
(Ord. 20-02, passed 4-13-20) Penalty, see § 126.99
§ 126.05 VEHICLE APPEARANCE AND MAINTENANCE.
Vehicles utilized for food truck vending shall be kept in good mechanical and structural condition. Vehicles shall have a clean exterior and interior and shall be equipped with signs to alert traffic to proceed with caution past the truck while it is serving customers. Each vehicle shall have the company name affixed to it in a professional, workmanlike manner and in letters that are a minimum of six inches high. The company name shall be affixed to each side and rear of the vehicle. The village may conduct annual inspections of food truck vendor vehicles to ensure compliance with health and safety requirements.
(Ord. 20-02, passed 4-13-20) Penalty, see § 126.99
§ 126.06 LIABILITY INSURANCE REQUIRED.
Any application for a food truck vendor license for a vehicle shall be accompanied by proof of liability insurance in a minimum sum of $1,000,000 and issued by companies licensed to do business in the State of Illinois. Such insurance certificate shall specify that the insurance company shall, prior to modification, cancellation or termination of the subject policy, provide written notice to the village.
(Ord. 20-02, passed 4-13-20)
§ 126.99 PENALTY.
Any person, firm or corporation violating any of the provisions of this chapter shall be fined not less than $75 or more than $750 for each offense. A separate and distinct offense shall be deemed committed for each day on which a violation occurs or continues.
(Ord. 20-02, passed 4-13-20)
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TITLE XI: BUSINESS REGULATIONS
Chapter
110. GENERAL BUSINESS LICENSING
111. ADVERTISING
112. ALCOHOLIC BEVERAGES
113. AMUSEMENTS, ENTERTAINMENT, AND GATHERINGS
114. FACTORIES; SLAUGHTERHOUSES; LAUNDRIES
115. FOOD AND MILK DEALERS
116. HOME OCCUPATIONS
117. PEDDLERS AND SOLICITORS; CANVASSERS
118. SALES; AUCTIONS; JUNK DEALERS
119. COMPREHENSIVE REGULATION OF TOBACCO PRODUCTS
120. HOTEL ACCOMMODATIONS TAX
121. MUNICIPAL UTILITY TAXES
122. CABLE/VIDEO SERVICE PROVIDER FEE AND PEG
ACCESS SUPPORT FEE
123. CABLE AND VIDEO CUSTOMER PROTECTION LAW
124. DONATION BOXES
125. MUNICIPAL CANNABIS RETAILER’S OCCUPATION TAX
126. FOOD TRUCKS
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CHAPTER 110: GENERAL BUSINESS LICENSING
Section
110.01 Application for licenses, permits; forms
110.02 Payment of fee; prorated
110.03 Investigation of information on application
110.04 Building, premises to comply with building and zoning regulations
110.05 Licenses, permits shall bear signatures
110.06 Transfer of license; change of location
110.07 Licenses to be posted
110.08 Termination of licenses; notice of expiration
110.09 Revocation
110.10 Inspection of premises; sampling of materials
110.11 Conducting business as nuisance
110.12 Business registration
§ 110.01 APPLICATION FOR LICENSES, PERMITS; FORMS.
(A) Applications for all licenses and permits required by ordinance shall be made in writing to the Village Clerk in the absence of a provision to the contrary. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered, and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the village officials in the issuing of the permit or license applied for. (‘70 Code, § 2.1.1)
(B) Forms for all licenses and permits, and all applications therefor, may be prepared and kept in file by the Village Clerk. (‘70 Code, § 2.1.4)
§ 110.02 PAYMENT OF FEE; PRORATED.
In the absence of a provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application is made, to the Village Clerk. When application for an annual license is made after the expiration of six months of the current license year, the license for the remainder of the year shall be issued upon the payment of one-half the annual fee.
(‘70 Code, § 2.1.3)
§ 110.03 INVESTIGATION OF INFORMATION ON APPLICATION.
Upon receipt of an application for a license or permit, where the ordinances of the village necessitate an inspection or investigation before the issuance of such permit or license, the Village Clerk shall refer such application to the proper officer for making such investigation within 48 hours of the time of such receipt. The officer charged with the duty of making the investigation or
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inspection shall make a report thereon, favorable or otherwise, within ten days after receiving the application or a copy thereof.
(‘70 Code, § 2.1.7)
§ 110.04 BUILDING, PREMISES TO COMPLY WITH BUILDING AND ZONING REGULATIONS.
No license shall be issued for the conduct of any business, and no permit for any thing, or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the ordinances of the village. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance.
(‘70 Code, § 2.1.2)
§ 110.05 LICENSES, PERMITS SHALL BEAR SIGNATURES.
Each license or permit issued shall bear the signatures of the Village Clerk and President, in the absence of any provision to the contrary.
(‘70 Code, § 2.1.10)
§ 110.06 TRANSFER OF LICENSE; CHANGE OF LOCATION.
(A) Licenses issued may be transferred by the original licensee provided that written notice thereof is given to the village ten days before the transfer is made; but no more than one transfer of any license shall be made within any license year. It shall be unlawful to transfer any peddler’s, itinerant merchant’s, or chauffeur’s license, and any attempted transfer of such a license shall have no effect.
(B) The location of any licensed business or occupation, or of any permitted act, may be changed provided ten days notice thereof is given to the Village Clerk in the absence of provision to the contrary; provided that the building, zoning, and frontage consent requirements of the ordinance are complied with.
(‘70 Code, § 2.1.8)
(C) The provisions of this section are not permissible for liquor licenses.
§ 110.07 LICENSES TO BE POSTED.
It shall be the duty of any person conducting a licensed business in the village to keep the license posted in a prominent place on the premises used for such business, at all times.
(‘70 Code, § 2.1.13)
§ 110.08 TERMINATION OF LICENSES; NOTICE OF EXPIRATION.
(A) All annual licenses shall terminate on the last day of the fiscal year of the village in which they are issued, where no provision to the contrary is made.
(B) The Village Clerk shall mail to all licensees of the village a statement of the time of expiration of the license held by the licensee, if an annual one, three weeks prior to the date of such
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General Business Licensing 5
expiration. A failure to send out such notice, or the failure of the licensee to receive it, shall not excuse the licensee from a failure to obtain a new license, or a renewal; nor shall it be a defense in an action for operating without a license.
(‘70 Code, § 2.1.11)
§ 110.09 REVOCATION.
Any license or permit for a limited time may be revoked by the Board of Trustees at any time during the life of such license or permit for any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, the subject matter of the license or permit, or if the premises occupied; such revocation may be in addition to any fine imposed.
(‘70 Code, § 2.1.12)
§ 110.10 INSPECTION OF PREMISES; SAMPLING OF MATERIALS.
(A) Whenever an inspection of the premises used for or in connection with the operation of a licensed business or occupation is provided for or required by ordinance, or is reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making such inspection, any officer or employee of the village who is authorized or directed to make such inspections at any reasonable time that admission is requested.
(B) Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee of the municipality whose business is governed by such provision, to give to any authorized officer or employee of the municipality requesting the same, sufficient samples of such material or commodity for such analysis upon request.
(C) In addition to any other penalty which may be provided, the Board of Trustees may revoke the license of any licensed proprietor of any licensed business in the village who refuses to permit any such officer or employee who is authorized to make such inspection, or take such sample to make the inspection, or take an adequate sample of the desired commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspection. No license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the village, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample.
(‘70 Code, § 2.1.6)
§ 110.11 CONDUCTING BUSINESS AS NUISANCE.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
(‘70 Code, § 2.1.9)
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§ 110.12 BUSINESS REGISTRATION.
(A) On or before May 1, 2008, any person, firm, corporation, LLC, or association, whether a license is required or not, that conducts any business from a facility located within the village must register and obtain a Certificate of Registration.
(B) An application for a Certificate of Registration must be completed and submitted to the Village Clerk with a registration fee of $25. Upon receipt of a completed application and fee, the Village Clerk shall issue a Certificate of Registration for each location from which the business is conducted. A Certificate of Registration is to be publicly displayed at each business location.
(C) Subsequent to May 1, 2008, any person, firm, corporation, LLC, or association, whether a license is required or not, that establishes any business to be conducted from a facility located within the village shall, within 10 days of the start of the business, register and obtain a Certificate of Registration from the Village Clerk.
(D) The Village Clerk shall maintain a list of all registered businesses with the name and telephone number of the person designated as responsible at each business location.
(E) Certificates of Registration must be renewed annually on May 1 of each year by submitting a completed renewal form and the annual fee of $25 to the Village Clerk. No Certificate of Registration is transferable.
(F) Any person, firm, corporation, LLC, or association that violates any of the provisions of § 110.12 shall be fined not less than $25 nor more than $50 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 07-16, passed 8-27-07)
2008 S-13
CHAPTER 111: ADVERTISING
Section
General Provisions
111.01 Posting bills on public property
111.02 Defacement of advertisements or notices
Outdoor Advertisers
111.15 Definition
111.16 Compliance
111.17 License required; fee
111.18 Application
111.19 Consent of owner
111.20 Name of advertiser to be visibly displayed on billboard
111.21 Prohibiting refuse resulting from work to accumulate
111.22 Weeds, materials at base of billboards
111.23 Display of obscene advertisements prohibited; disfiguring signs
111.24 Exemptions
111.99 Penalty
GENERAL PROVISIONS
§ 111.01 POSTING BILLS ON PUBLIC PROPERTY.
It shall be unlawful to post any bills or advertisements on any public property without the authority of the Board of Trustees. It shall be unlawful to post any bill or advertisement on any property without the written consent of the owner thereof.
(‘70 Code, § 10.10.3.10) Penalty, see § 111.99
§ 111.02 DEFACEMENT OF ADVERTISEMENTS OR NOTICES.
It shall be unlawful to advertise any unlawful business or article in the village; and it shall be unlawful to injure or deface any lawful advertisement or notice.
(‘70 Code, § 10.10.3.5) Penalty, see § 111.99
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OUTDOOR ADVERTISERS
§ 111.15 DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISER. Any person, firm, or corporation engaged in the business of placing, posting, or painting advertisements, notices, or displays in or on any place for the purpose of outdoor advertisement so that the resultant display is visible from any street, alley, sidewalk, or other public place.
(‘70 Code, § 2.2.21)
§ 111.16 COMPLIANCE.
No person shall post or maintain any advertisement or sign on any poster panel, billboard, or signboard, which does not fully comply with the ordinances of this village.
(‘70 Code, § 2.2.21.5) Penalty, see § 111.99
§ 111.17 LICENSE REQUIRED; FEE.
(A) It shall be unlawful for any outdoor advertiser to do business in a municipality without having first secured a license therefor as is herein required; provided that no license issued under this subchapter shall be construed to permit the use of any structures, natural or artificial, which are located in any public street, sidewalk, alley, or other public place for advertising purposes. (‘70 Code, § 2.2.21.2)
(B) The annual fee for such licenses shall be $25, provided that no such license shall be issued except on order of the Board of Trustees. (‘70 Code, §2.2.21.4)
Penalty, see §111.99
§ 111.18 APPLICATION.
Applications for such license shall be made in writing to the Village Clerk and shall be accompanied by a list of all places including billboards or natural structures to be used, on which it is intended to place signs or advertisements. This list shall be added to from time to time by the licensee as a right to lost or place advertisements or signs on additional places is acquired.
(‘70 Code, § 2.2.21.3)
§ 111.19 CONSENT OF OWNER.
It shall be unlawful to post any advertisement on any premises in the village without the consent of the owner of such premises. Such consents must be in writing and filed with the Village Clerk.
(‘70 Code, § 2.2.21.6) Penalty, see § 111.99
Advertising 9
§ 111.20 NAME OF ADVERTISER TO BE VISIBLY DISPLAYED ON BILLBOARDS.
It shall be unlawful for any outdoor advertiser to carry on his business unless the name of such advertiser is attached, displayed, or printed on all billboards or signboards used by him, or on any notice placard or advertisement posted by him, in such lettering as to be visible from a distance of at least five feet from the notice or advertisement.(‘70 Code, § 2.2.21.10) Penalty, see § 111.99
§ 111.21 PROHIBITING REFUSE RESULTING FROM WORK TO ACCUMULATE.
It shall be unlawful for any person engaged in outdoor advertising to permit any refuse resulting from this work to accumulate anywhere in the village except by placing it in properly established refuse receptacles. It shall be unlawful to permit any loose or flapping combustible materials to hang from or to be attached to any billboard, signboard, or other place used for display or advertising purposes. All refuse resulting from the operation of this business must be carefully gathered up and disposed of.
(‘70 Code, § 2.2.21.7) Penalty, see § 111.99
§ 111.22 WEEDS, MATERIALS AT BASE OF BILLBOARDS.
It shall be the duty of every outdoor advertiser to keep all grass and weeds, and other growths except trees and ornamental shrubbery, cut down so that the same shall not grow to a greater height than ten inches within six feet of any billboard or signboard used by him; provided that this obligation shall extend only to property controlled by the advertiser.
(‘70 Code, § 2.2.21.8) Penalty, see § 111.99
§ 111.23 DISPLAY OF OBSCENE ADVERTISEMENTS PROHIBITED; DISFIGURING SIGNS.
(A) It shall be unlawful for any person, firm, or corporation to post or display any advertisement of an obscene character (as OBSCENE is defined in § 133.01) or any advertisement tending to promote or cause a riot or breach of peace, or any advertisement of unlawful sales.
(B) It shall be unlawful to mutilate or disfigure in any way any lawful sign or advertisement in the village.
(‘70 Code, § 2.2.21.9) Penalty, see § 111.99
§ 111.24 EXEMPTIONS.
The provisions of this subchapter shall not apply to the posting of signs or notices by order of any court or by any public officer in the performance of his duties.
(‘70 Code, § 2.2.21.11)
§ 111.99 PENALTY.
Any person, firm, or corporation violating any of the provisions of this chapter shall be fined not less than $25 nor more than $750 for each offense. A separate offense shall be deemed committed
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on each day during or on which a violation occurs or continues.
(Am. Ord. 95-26, passed 11-20-95)
1996 S-4
CHAPTER 112: ALCOHOLIC BEVERAGES
Section
General Provisions
112.01 Definitions
112.02 Transportation of alcoholic liquor
112.03 Gambling
License Regulations
112.15 License required
112.16 Application; information; bond
112.17 Restrictions on issuance of license
112.18 License classification; fee schedule
112.19 Limitations on licenses
112.20 Disposition of fees
112.21 Record of licenses
112.22 Transfer of license
112.23 Change of location
112.24 Termination of license; fee prorated
112.25 Revocation
112.26 Consumption of alcoholic beverages on certain licensed premises only
112.27 Training program
Sales
112.35 Hours of operation
112.36 Location of premises, business
112.37 Unobstructed view of interior of licensed premises required
112.38 Consumption of alcoholic liquor on certain premises prohibited
112.39 Sale, gift, or delivery of liquor to persons under 21 years of age
112.40 False identification
112.41 Minors prohibited from loitering in places where liquor sold
112.42 Sales by Class D and D-1 licensees
112.43 Premises used for sale to be kept clean and sanitary
112.44 Employees afflicted with contagious disease prohibited from retail sale
112.45 Mandatory insurance requirements
112.46 Outdoor or accessory premises
112.47 Reporting of violations
112.48 Conduct on premises
112.99 Penalty
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GENERAL PROVISIONS
§ 112.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES OR LIQUOR.
(1) Any spirits, wine, beer, ale or other liquid intended as a beverage and containing more than one-half of one (0.5) percent of alcohol by volume.
(2) Any beverage containing any scientifically detectable trace of alcohol and commonly known as “near beer,” “nonalcoholic beer”, or “nonalcoholic wine,” whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine and, except for the reduced alcohol content, is marketed as being similar to beer or wine.
BAR. A barrier or counter, at and over which alcoholic liquors and sometimes food are passed or served.
BARTENDER. An individual, at least 21 years of age, who draws, pours, and mixes any alcoholic liquor as a primary part of the performance of their duties for a liquor licensee. This shall not include waiters or waitresses who occasionally pour, draw, or mix drinks for their customers.
BEER. A beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt or hops, in water. This shall include beer, light beer, ale, stout, lager beer, porter and other similar brews.
CATERER. A person who for compensation provides food and service for a banquet, dinner or other special occasion and where the recipients of the food or service are specifically invited to each particular event.
CLUB. A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used, and maintained by its members through the payment of annual dues, and owning, hiring, or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing, and serving food and meals for its members and their guests; provided that its affairs and management are conducted by a Board of Directors, Executive Committee, or similar body chosen by the members at their annual meeting. No member or any officer, agent, or employee of the club shall be paid, or directly or indirectly receive, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its Board of Directors or other governing body out of the general revenue of the club.
CONTROL OF PREMISES. The legal or beneficial ownership, rental, lease or holding of a license shall constitute control of property. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise in charge of or charged with controlling a particular premises.
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DELIVERY OF ALCOHOLIC LIQUOR. The sale, giving or exchange of an alcoholic liquor from one person to another. Delivery is meant to include the provisions of any alcoholic beverage by whatever means to one person from another.
DRIVE-IN RESTAURANT. A food service establishment with or without interior facilities for eating, which caters to and permits the consumption of food either in customer’s automobile parking on the premises or in any other designated area on the premises outside the establishment where the food is so prepared. DRIVE-IN RESTAURANT shall not be construed to include “restaurant.”
ENTERTAINMENT. Any playing of pre-recorded music or voices or any live act or live performance whether or not using sound amplification.
FALSE IDENTIFICATION. Any document used for identification or proof of age that has been altered or defaced or that contains false or misleading information or that contains a name that is not the actual name of the person using it.
FIGHTING. Any threatening or touching of another person which provokes or tends to provoke a breach of the peace.
GENERAL PUBLIC. The whole body politic including the people of the neighborhood, the village, the State of Illinois, the United States of America, and/or persons at large traveling through the village, as different from the designation of a particular person or group of persons.
HOTEL. Every building or other structure kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in which eight or more rooms are used for the sleeping accommodations of such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
IMPAIRMENT. Any diminution or compromise of a person’s physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio.
LICENSE or LIQUOR LICENSE. That specific grant of the privilege and authority to a licensee to sell or offer for sale alcoholic liquor at retail in the manner set forth in the text of the particular license classification.
LICENSEE. Any person who by issuance of a license has been given the right or privilege by the local liquor control commissioner to engage in the retail sale of alcoholic liquor in the village. This shall include the holder of a Peotone license or any officer, principal, employee or agent of the license holder.
LOCAL LIQUOR COMMISSION. The Village President as assisted by the appropriate legal counsel, and such others as he/she may appoint, shall serve as the Local Liquor Control Commissioner.
LOCAL LIQUOR CONTROL COMMISSIONER. The Mayor or President of the Board of Trustees of the village acting ex-officio.
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LOUNGE. That portion of a licensed premises that is kept, used, maintained, advertised and held out to the public as a place where alcoholic liquor is offered for retail sale for consumption on the premises only and not necessarily in conjunction with the full service of meals. This definition may also include the term cocktail lounges, bars and sportbars.
MAINTENANCE OF ORDER STANDARD. That standard by which it shall be determined whether a licensee has maintained order on the licensed premises. Adherence to this standard shall be a duty of the licensee and shall generally be stated as the establishment and maintenance of the optimum precautions and actions that are practical for deterring and preventing fighting as defined in this chapter.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.
PARENT. A natural or adoptive parent or a court-designated guardian.
PERSON. An individual, proprietorship, partnership, corporation, association, limited liability company, or other legal entity of any kind.
PRIVATE CLUB. A not-for-profit corporation supported by the dues of its members and organized solely for the promotion of some common objective other than the sale or consumption of alcoholic liquors.
RESTAURANT. Any public place, without sleeping accommodations, maintained, and held out to the public as a place primarily devoted to full-service, sit-down dining, including dinner and/or luncheon menus at which the service of alcoholic liquor is incidental and complementary to the service of such meals. Limited food service, as typically provided by drive-in restaurants, luncheonettes, diners, coffee shops, fast food operations, and similar uses, does not satisfy the requirements of this definition.
RETAIL SALE. The sale or delivery of an alcoholic beverage to the consumer, private club member, or general public as differentiated from the sale or delivery for legal resale.
SELLER OF ALCOHOLIC BEVERAGE. An individual, at least 21 years of age, who sells or delivers any alcoholic beverage, whether from a bar, restaurant or any retail licensee.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other solution and includes brandy, rum, whiskey, gin or other spirituous liquors and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
STATE LAW REFERENCES. Definitions relating to liquor control, ILCS Ch. 235, Act 5, § 1-3; local liquor control commissioner, ILCS Ch. 235, Act 5, § 4-2.
SUPPER CLUB. Any public place kept, used, maintained, advertised and held out to the public as a place where patrons are served food and offered live entertainment.
UNDERAGE PERSON. Any person under 21 years of age.
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VICARIOUS LIABILITY. That liability which is implied as a matter of law even though the person may not have directly caused an injury to another person.
VIDEO GAMING CAFE. A specialized type of restaurant where a variety of light appetizers, sandwiches, wraps, salads and bakery products (collectively, CAFE FARE) are prepared on site or provided by a caterer, a restaurant or a bakery, and made available for retail sale and consumption by patrons during the hours that retail sale, service and consumption of alcoholic liquor is permitted, but whose business model focuses on providing video gaming for its customers. A video gaming cafe may, but does not have to, provide an on-site kitchen, but shall maintain, at a minimum, a refrigerator, coolers, microwave oven, heating lamps, and other food-related equipment necessary to offer and maintain fresh cafe fare during hours of operation. Convenience stores and gas stations do not qualify as video gaming cafes.
WINE. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
(‘70 Code, § 9.1) (Am. Ord. 97-23, passed 9-15-97; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 16-09, passed 1-23-17)
§ 112.02 TRANSPORTATION OF ALCOHOLIC LIQUOR.
(A) No person shall transport, carry, possess, or have any alcoholic liquor in or upon or about any motor vehicle except in the original package and with the seal unbroken.
(‘70 Code, § 4.7.2)
(B) Sealing and removal of open wine bottles from a restaurant. Notwithstanding any other provision of this chapter, a restaurant licensed to sell alcoholic liquor in this state may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premise consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises pursuant to this section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this section and not tampered with shall not be deemed an unsealed container for the purposes of § 11-502 of the Illinois Vehicle Code and this § 112.02.
(Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.03 GAMBLING.
It shall be unlawful to gamble, to permit anyone to gamble, or to maintain or allow anyone to maintain, any gambling device on any premises licensed under the provisions of this chapter. The following activities shall be exempt from this section:
(A) Lotteries when conducted by the State of Illinois in accordance with ILCS Ch. 20, Act 1605, §§ 1 et seq., and
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(B) Video gaming terminal games at a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veteran’s establishment when conducted in accordance with the Video Gaming Act.
(C) The game commonly known as “bingo” when conducted in accordance with ILCS Ch. 230, Act 25, §§ 1 et seq.
(D) Raffles when conducted in accordance with ILCS Ch. 230, Act 15, §§ 1 et seq.
(E) Charitable games when conducted in accordance with ILCS Ch. 230, Act 30, §§ 1 et seq.
(F) Pull tabs and jar games when conducted under ILCS Ch. 230, Act 20, §§ 1 et seq.
(‘70 Code, § 9.6.2) (Am. Ord. 07-39, passed 1-28-08; Am. Ord. 12-08, passed 6-25-12; Am. Ord. 12-25, passed 2-11-13) Penalty, see § 112.99
LICENSE REGULATIONS
§ 112.15 LICENSE REQUIRED.
It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer’s license, or in violation of the terms of such license.
(‘70 Code, § 9.2) (Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.16 APPLICATION; INFORMATION; BOND.
(A) Application for such licenses shall be made to the Village President in writing signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation, verified by oath or affidavit, and shall contain, at a minimum, the following information and statements:
(1) The name, age, and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, for profit, or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors; and if a majority in interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person;
(2) The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization;
(3) The character of business of the applicant; and in the case of a corporation, the objects for which it was formed;
(4) The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;
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(5) The location and description of the premises or place of business which is to be operated under such license;
(6) A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application;
(7) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, laws of this state, or the ordinances of this village;
(8) Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor;
(9) Evidence of Dram Shop liability insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Illinois, and providing insurance for the licensee, the owner of and/or lessor of the premises in the minimum amount as required by Illinois law;
(10) A statement that the applicant will not violate any of the laws of the state or the United States, or any ordinance of the village in the conduct of his business; and
(11) A copy of the current state of Illinois liquor license with applicable license number.
(B) A bond shall be executed by the applicant, conditioned upon the applicant not violating any of the laws of the state or any of the ordinances of the village, in the conduct of his place of business. Such bond may be either a surety bond or a bond with two sureties who shall be owners of unencumbered real estate in the county of value in excess of the principal of the bond. Such bond shall be in the principal sum of $1,000 and shall be subject to approval by the President and Board of Trustees of the village.
(‘70 Code, § 9.3) (Am. Ord. 07-39, passed 1-28-08)
§ 112.17 RESTRICTIONS ON ISSUANCE OF LICENSE.
(A) No such license shall be issued to:
(1) [This subsection (1) intentionally left blank.]
(2) A person who is not of good character and reputation in the community.
(3) [This subsection (3) intentionally left blank.]
(4) A person who has been convicted of a felony under the laws of the state.
(5) A person who has been convicted of being the keeper or is keeping a house of ill fame.
(6) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality.
(7) A person whose license issued under this chapter has been revoked for cause.
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(8) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application.
(9) A co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder for any reason other than residence within the village.
(10) (a) A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.
(b) 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 of 1983" to transact business in the state.
(11) A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.
(12) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, subsequent to the passage of this chapter, or shall have forfeited his bond to appear in court to answer charges for any such violation.
(13) A person who does not 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.
(14) Any law enforcing public official, including members of the local liquor control commissions, any president of the village board of trustees, any members of a village board of trustees, and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Liquor Control Commission.
(15) Any person, association, or corporation not eligible for a state retail liquor dealer’s license.
(16) Any person, firm, or corporation operating a business which dispenses gasoline or other petroleum products to motor vehicles, commonly known as a gasoline station.
(a) This division (16) pertaining to liquor license restrictions shall not apply to “convenience food stores” which also dispense gasoline or other petroleum products to motor vehicles. For purposes of this division (A)(16), “convenience food store” shall be defined as a retail establishment which sells food products for consumption by the public, including, but not limited to, the following: bread, milk, soda pop, coffee, eggs, and frozen foods.
(b) In order for any convenience food store which dispenses gasoline or other petroleum products to motor vehicles, to be exempt from the terms and provisions of division (A)(16), the convenience food stores shall maintain a minimum sales floor area of 1,000 square feet,
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of which floor area a minimum of 80% shall be devoted to the retail sale of food products, and a maximum of 20% to the retail sale of alcoholic products. The aforesaid provisions pertaining to the minimum floor sales area of convenience food stores to be devoted to the sale of food products, shall apply equally to all convenience food stores irrespective of whether or not the convenience food stores dispenses gasoline or other petroleum products.
(c) This division (16) pertaining to liquor license restrictions shall not apply to licensed truck stop establishments as defined in the Video Gaming Act, being ILCS Ch. 230, Act 40, § 5).
(‘70 Code, § 9.4) (Am. Ord. 83-02, passed 9-26-83; Am. Ord. 90-03, passed 5-29-90; Am. Ord. 90-18, passed 9-10-90; Am. Ord. 90-25, passed 1-28-91; Am. Ord. 16-09, passed 1-23-17)
(17) A person who is not a beneficial owner of the business to be operated by the licensee;
(18) A person who has been convicted of a gambling offense as proscribed by any of ILCS Ch. 720, Act 5, § 28-1(a)(3) through (a)(11), or as proscribed by ILCS Ch. 720, Act 5, § 28-1.1, 28-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or as proscribed by a statute replaced by any of the aforesaid statutory provisions;
(19) A person or entity to whom a federal wagering stamp has been issued by the federal government, unless the person or entity is eligible to be issued a license under the Raffles and Poker Runs Act or the Illinois Pull Tabs and Jar Games Act;
(B) A criminal conviction of a corporation is not grounds for the denial, suspension, or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The Commission shall determine if all provisions of this division have been met before any action on the corporation’s license is initiated.
(ILCS Ch. 235, Act 5, § 6-2(a)(15) - (17), (b)) (Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.18 LICENSE CLASSIFICATION; FEE SCHEDULE.
Licenses shall be divided into the following classes:
(A) Class A licenses, which shall authorize retail sale on the premises specified of alcoholic liquor for consumption on the premises as well as other retail sales of such liquor for seven days per week. The annual fee for such license shall be $1,000.
(B) This subsection intentionally left blank.
(C) This subsection intentionally left blank.
(D) This subsection intentionally left blank.
(E) Class C-2 licenses, which shall authorize the retail sale of alcoholic beverages for one-day periods. The fee for such license shall be $50. The Class C-2 license shall be subject to the restrictions in § 112.19(B).
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(F) Class D licenses, which shall authorize the retail sale of alcoholic liquor, in individual packages but not for consumption on the premises where sold, and provided there shall be advertisement or public display in said place of business of such alcoholic liquor. The annual fee for such licenses shall be $1,000. Holders of Class D licenses shall be permitted to conduct alcoholic liquor sampling or tasting promotions on the premises, provided there is no charge for the samples provided. Businesses which sell fuel for motor vehicles on the premises shall not be eligible for this classification.
(G) Class D-1 licenses, which shall authorize the retail sale of beer and wine only in individual packages but not for consumption on the premises where sold and provided there shall be advertisement or public display in said place of business of such alcoholic liquor. The annual fee for such license shall be $750. Holders of Class D-1 licenses shall be permitted to conduct alcoholic liquor sampling or tasting promotions on the premises, provided there is no charge for the samples provided.
(H) Class E licenses, which shall authorize retail sale on the premises specified of alcoholic liquor for consumption on the premises only, there shall be no carry-out sales; said license shall only be granted for use in an establishment that contains a restaurant as defined in § 112.01 and this license shall be void and of no effect if it is not used in an establishment containing a restaurant. The annual fee for such license shall be $750. Notwithstanding any other provision of this chapter, a restaurant licensed to sell alcoholic liquor in the village may permit a patron to remove one unsealed and partially consumed bottle of wine for off-premises consumption provided that the patron has purchased a meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises pursuant to this section shall be securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent one-time use tamper-proof bag. The licensee or agent shall provide a dated receipt for the bottle of wine to the patron. Wine that is resealed in accordance with the provisions of this section and not tampered with shall not be deemed an unsealed container for purposes of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, § 11-502 or § 112.02 of this Code.
(I) Special use permit license.
(1) The local Liquor Control Commissioner may grant a special use permit license to licensed retailers to allow for the selling or serving of alcoholic beverages at a specified site which is adjacent to their current licensed building premises, for a special event. Any applicant for a special event license shall pay a fee of $50. Special events shall be those events designated by the President as being eligible under this section. A special permit license applies only to the event, location, duration, and hours authorized by the local Liquor Commissioner. The local Liquor Commissioner may impose such other restrictions on said license as deemed necessary. The fee for any such license is at the discretion of the Liquor Commissioner per license.
(2) The local Liquor Commissioner may also grant a special use permit license to any licensee to allow the selling or serving of alcoholic beverages within the building confines for a special event as herein defined.
(a) Special events liquor restrictions. The purpose of these guidelines is to inform the liquor license holder of their responsibility in controlling sales during special events:
1. All liquor must be dispensed in plastic or paper cups.
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2. ID's must be checked, as with normal business operations.
3. Liquor must stay within your outdoor serving area.
4. Outdoor sales must stop at 1:00 a.m. on Friday/Saturday and 10:00 p.m. on Sunday. Service area must be clear of customers within 30 minutes after stopping sales.
5. Refuse containers must be at each exit for garbage or empty cups and/or unconsumed liquor.
6. Outside service area must be fenced.
7. Outside servers must be readily identifiable.
(b) Note: Each liquor license holder is responsible for ensuring that individuals do not leave their area with alcohol, and/or hand alcohol to people outside the serving area.
(c) Violation(s) may result in suspension of a temporary license for the remainder of the special event.
(J) Class O liquor permits.
(1) A Class O license shall authorize the holder of only a Class A, Class C-1 or Class E liquor license (licensed premises) to sell alcoholic liquor for consumption outside of the permanent structure (permitted premises) and immediately adjacent to the licensed premises in a location designated by the Liquor Commissioner, renewable annually. The annual license fee for a Class O liquor license shall be set at $50 per year, renewable on the same day as the renewal for the primary liquor license. A Class O-1 permit shall authorize the holder of only a Class A or Class E liquor license (licensed premises) to sell alcoholic liquor for consumption outside of the permanent structure (permitted premises) and immediately adjacent to the licensed premises in a location designated by the Liquor Commissioner for a single event on one calendar day. The fee for a Class O-1 permit shall be $50 per permit. In addition to any other requirement, a Class O or O-1 permit may be denied or revoked if the applicant fails to clearly establish to the satisfaction of the Liquor Commissioner:
(a) That outdoor operations will not disturb the lawful use and quiet enjoyment of nearby properties;
(b) That the outdoor premises will be operated in strict accordance with applicable health, building, fire and life safety codes;
(c) That adequate safeguards are in place for security, crowd control, lighting control and the protection of minors;
(d) That the licensee has previously maintained adequate control and supervision of the licensed premises and has consistently operated the licensed premises in substantial compliance with the Village Liquor Code;
(e) That the premises can be made to comply with the requirements of this section;
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(f) That all such outdoor areas shall be owned by or leased to the applicant and has received written permission from the owner to install any improvements requiring a building permit from the village.
(2) A Class O or O-1 permit shall be subject to the following conditions:
(a) Notwithstanding anything to the contrary, no alcoholic beverages shall be served, consumed or be present in any outdoor area after 11:00 p.m. on any day of the week;
(b) No outdoor area shall be open, used or occupied for consumption of any alcoholic beverages between November 1 through March 31;
(c) The outdoor area proposed shall not exceed 20% of the first floor of the licensee's gross floor square footage, excepting any liquor license holders with pre-existing outdoor areas that lawfully existed prior to January 1, 2005;
(d) Notwithstanding any provision of law to the contrary, if the permanent structure containing the permitted premises is situated on real property that is adjacent to a residential zoning district, the premises shall be enclosed by a solid permanent fence or another suitable barrier designated by the Liquor Commissioner at least six feet in height;
(e) Notwithstanding any provision of law to the contrary, if the permanent structure containing the premises is not situated on real property that is adjacent to a residential zoning district, the permitted premises shall be enclosed by a permanent fence at least four feet in height or another suitable barrier designated by the Liquor Commissioner;
(f) Unless other reasonable means of access control are specifically allowed for by the Liquor Commissioner, access to the permitted premises shall be via the permanent structure containing the licensed premises, except that emergency only exits required by village ordinances must be provided;
(g) Entertainment and electronically amplified music or sound shall not be permitted unless the provisions of Chapter 95 are met in full and the applicable Class M license is obtained, if necessary;
(h) Concurrent with the filing of an application, the owner shall submit a site plan depicting the layout of the outdoor area, a detailed description of materials to be used as fencing and emergency exits, including landscaping, fencing, ingress, egress and occupant load (a report from the Peotone Fire Protection District is required). Canopies, screening and/or tents shall meet the flame spread ratings required by the Code and shall be safely secured. Permanent structures shall be designed and constructed according to applicable Village Code;
(i) Screening, canopies and/or roof structures shall be maintained in accordance with the currently adopted BOCA National Property Maintenance Code;
(j) All alcohol must be served by a waitress/waiter that is an employee of the licensee;
(k) No sales or deliveries of any alcoholic liquor shall be made or allowed to any person on adjoining property, street, sidewalk, or alley;
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(l) No liquor served in an open container shall be removed from the permitted premises;
(m) All fences, enclosures or other structures required by this section shall be located, constructed and maintained in conformance with the zoning, building and other ordinances of the village;
(n) No advertising materials, posters or any other commercial messages shall be posted or applied so as to be visible outside the fencing or screening;
(o) The Liquor Commissioner may impose such additional conditions as may be reasonable and necessary.
(K) Class M liquor permits.
(1) Definition. ENTERTAINMENT for purposes of the Class M liquor license is defined as the offering or permitting of any amusement including live musical performances, vaudeville, acting, dancing, contests or disc jockey using prerecorded music. ENTERTAINMENT shall not be construed to include radio, television, coin-operated game machines, karaoke, or electronic reproduction of music not accompanied by a disc jockey or in-person announcer.
(2) No entertainment as defined herein shall be allowed at any liquor license premises without a Class M permit.
(3) Classes of Class M licenses.
(a) A Class M-1 liquor license shall allow for a single event (one day) entertainment performance. The Class M-l liquor license shall authorize only the holder of a Class A or Class E liquor license to allow for entertainment as defined in division (K)(1). The fee for a Class M-l liquor license shall be set at $50 per event.
(b) A Class M-2 liquor license shall allow for entertainment performances at such time as dates and times as may be approved by the Liquor Commissioner. The Class M-l liquor license shall authorize only the holder of a Class A, Class C-l or Class E liquor license to allow for entertainment as defined in division (K)(1). No entertainment as defined herein shall be allowed at any liquor license premises without a Class M permit. The fee for a Class M-2 liquor license shall be set at $50 per year. Annual renewal on the same day as the primary liquor license renewal; application must be submitted three weeks prior to Board action.
(4) Any Class M license may be denied or revoked if the applicant fails to clearly establish to the satisfaction of the Liquor Commissioner:
(a) That entertainment will not disturb the lawful use and quiet enjoyment of nearby properties;
(b) That the entertainment will be operated in strict accordance with applicable health, building, fire and life safety codes;
(c) That adequate safeguards are in place for security, crowd control, lighting control and the protection of minors;
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(d) That the licensee has previously maintained adequate control and supervision of the licensed premises and has consistently operated the licensed premises in substantial compliance with the Village Liquor Code;
(e) That the premises can be made to comply with the requirements of this section;
(5) All Class M permits shall be subject to the following conditions:
(a) All entertainment dates shall be disclosed in writing (including site plan) to the Police Chief or Village Administrator no less than 15 days in advance of the event and the event shall not proceed unless approved in writing by the Police Chief or Village Administrator. The written approval of the Police Chief or Village Administrator containing the date of the approved entertainment shall be posted in a conspicuous place in the licensee's premises.
(b) Prior to the issuance of any Class M liquor license the applicant shall provide the Liquor Commissioner with the maximum occupancy as may be determined by the Peotone Fire Protection District. Concurrent to the application, the applicant shall provide the Liquor Commissioner with the written approval of the Fire Protection as to the maximum occupancy for any entertainment event. Upon issuance of a Class M license, the licensee shall have an affirmative duty to maintain occupancy at or below the maximum occupancy as determined by the Fire Protection District. In the event licensee is found to be in violation of this subchapter, the Peotone Police Department shall be authorized to close the premises for the day and shall file a report with the Liquor Commissioner. The approved maximum occupancy shall be posted in a conspicuous place in the licensee's premises.
(c) All entertainment shall cease no less than one hour before the closing time as set forth in the licensee's Class A or Class E liquor license. All band/music equipment, staging, PA systems must be removed by statutory closing time. Tear down will not be an accepted excuse for open after hours.
(d) Entertainment and electronically amplified music or sound shall not be permitted unless the provisions of Chapter 95 of this Code, if applicable, are met in full.
(e) The use or display of pyrotechnics, fireworks, and open flames are prohibited.
(f) The licensee shall immediately report to the Village Police Department all acts of disorderly conduct, battery, assault, indecent exposure, criminal damage to property, unlawful loitering, public urination or other violation of federal, state or local law, that the licensee observes or has reason to believe is occurring or has occurred upon the licensed premises or public property adjacent to the licensed premises. The licensee shall cooperate with any law enforcement agency in the investigation and prosecution of such violations.
(g) The Liquor Commissioner may impose such additional conditions as may be reasonable and necessary.
(h) Any violation of any conditions as set forth in this section or as may be added pursuant to division (K)(2)(g) shall be deemed grounds to revoke, suspend or take such other disciplinary action as may be determined by the Liquor Commissioner.
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(L) Class V video gaming café license.
(1) A Class V video gaming café license shall authorize the retail sale of alcoholic liquor in a video gaming café. Alcoholic liquor shall be served as an adjunct to café fare as specified in the definition of video gaming café above in § 112.01.
(2) A Class V license shall be subject to ail of the following conditions and such other appropriate conditions required by the corporate authorities of the village in an ordinance approving the creation and issuance of such a liquor license:
(a) Consumption of alcoholic liquor is allowed in the entire licensed premises, but there shall be a designated gaming area in the café where the video terminals are located, separate from tables meant for food service and consumption of café fare.
(b) No retail sale of alcoholic liquor for off premises consumption shall be permitted.
(c) Alcoholic liquor shall be sold and served only during the permitted service hours set forth in § 112.35 below. The operation of video gaming terminals shall not be permitted during the hours alcoholic liquor sales are prohibited.
(e) A Class V licensee must have a video gaming license issued by the Illinois Gaming Board in accordance with the provisions of the Video Gaming Act, ILCS Ch. 230, Act 40,§§ 1 et seq., and shall comply at all times with all provisions of the Illinois Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board. A failure to maintain a video gaming license in good standing shall result in the immediate suspension of the Class V liquor license.
(f) No Class V liquor licensee shall require a person to pay a cover charge or any other type of form of admission fee in order to be able to enter the premises for which the license was issued.
(g) Compliance with the beverage alcohol sellers and servers education and training (BASSET) requirements of § 112.27 below.
(3) The annual fee for a Class V license shall be $5,000.
(4) There shall be no more than one Class V license in existence within the village at any one time.
(Am. Ord. passed 3-26-74; Am. Ord. passed 6-11-79; Am. Ord. 83-05, passed 2-13-84; Am. Ord. 87-04, passed 4-27-87; Am. Ord. 97-09, passed 6-2-97; Am. Ord. 04-21, passed 9-7-04; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 12-10, passed 7-9-12; Am. Ord. 12-11, passed 7-9-12; Am. Ord. 16-09, passed 1-23-17)
§ 112.19 LIMITATIONS ON LICENSES.
(A) (1) The local Liquor Control Commissioner is authorized and permitted to issue not more than 15 retail liquor licenses (not including C-2 licenses). Not more than one of said licenses shall be issued for the county fairgrounds. The number of licenses for each class of liquor licenses is as follows:
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(a) Class A: 5
(b) Class D: 2
(c) Class D-1: 4
(d) Class E: 4
(e) Class V: 1 (may not exceed 1)
(2) No licenses shall be issued in excess of the above-indicated number of licenses per class, except that Class C-2 licenses may be issued at the discretion of the Liquor Control Commissioner subject to division (B) below.
(B) Application for a Class C-2 license shall be made to the Liquor Control Commissioner at least one week prior to the day on which said license is to take effect. Every application for said Class C-2 license shall be accompanied by a certificate of insurance written by a responsible insurance company authorized and licensed to do business in Illinois, at a minimum insuring the applicant against liability to the limits provided in the Liquor Control Act of the State of Illinois, ILCS Ch. 235, Act 5, § 1 et seq.
(‘70 Code, § 9.15.2)
(C) Number of licenses. Any licensed establishment that has discontinued the sale or service of alcoholic liquor or that has not been open for business at least four days per week for a period of 30 days or more shall automatically forfeit its license. Upon forfeiture of the license, the number of available licenses in that classification as authorized by the corporate authorities shall automatically and immediately be reduced by one. This forfeiture shall not apply in instances where the licensee has previously notified the Village Administrator, in writing, of an intent to close the premises for a portion of a year for remodeling or other similar purpose.
(D) Compensation, powers and duties of Local Liquor Control Commissioner and the Police Department.
(1) Village President to Act as Liquor Commissioner. The Village President is hereby authorized to be the Liquor Control Commissioner and shall be charged with the administration of the Liquor Control Act, ILCS Ch. 235, Act 5, §§ 1-1 et seq., and of such ordinances and resolutions relating to alcoholic liquor as may be needed. The Liquor Commissioner shall act without compensation.
(2) Powers of village police officers. Closing liquor facilities. The village police officers shall close a licensed premises for conduct that is unmanageable, disorderly, or uncontrollable for purposes of public safety. The Chief of Police or village officers shall seize the village license from the licensed premises and instruct the licensee that the license can be retrieved the next business day from the Liquor Control Commissioner. The licensed premises shall then be closed for the rest of the business day and may be allowed to operate the following business day subject to Chapter 112 of the Peotone Village Code.
(3) Powers and duties of the Liquor Control Commissioner. The Liquor Control Commissioner shall have the following powers, functions, and duties with respect to licenses for the sale of alcoholic liquors:
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(a) To grant, or suspend for not more than 30 days, or to revoke for cause, all local licenses issued to persons, partnerships, corporations, or clubs subject to jurisdiction;
(b) To enter or to authorize any law enforcement, peace officer, deputy liquor control commissioner, or inspector to enter any time upon the licensed premises and property, to determine whether any of the provisions of this chapter or any rules or regulations adopted by it or by the State Liquor Control Commissioner have been violated, and at that time to examine the licensed premises and property in connection therewith;
(c) To receive complaints from any citizen within its jurisdiction that any of the provisions of the State Liquor Control Act, as set out in ILCS Ch. 235, Act 5, or this chapter, or any rules or regulations adopted pursuant hereto, have been or are being violated, and to act upon the complaints;
(d) To receive all local license fees and to pay the same forthwith to the Village Treasurer;
(e) To receive all fines levied at a hearing held before the Liquor Commission and to pay the same forthwith to the Finance Department. The Village Treasurer shall deposit all money to the General Fund;
(f) The Liquor Control Commissioner shall have the right to examine or cause to be examined under oath, any applicant for a liquor license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any applicant or licensee; to swear in witnesses, hear testimony, and take proof for their information in the performance of their duties, and for these purposes to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any information desired by the Liquor Control Commissioner under this section, the Liquor Control Commissioner may authorize their agent or agents to act on their behalf;
(g) The Liquor Control Commissioner may revoke or suspend any license issued if it is determined that the licensee has violated any of the provisions of this chapter or any valid ordinance or resolution enacted by the Village Board or any applicable rule of regulation established by the Liquor Control Commissioner which is consistent with law;
(h) In the conduct of any hearing to examine under oath any licensee and to cause to be examined the books and records of the licensee; to hear testimony and take proof, and to administer and cause to be administered oaths;
(i) To require that all licensed premises be maintained and operated in a sanitary condition, in compliance with all applicable rules and regulations of the Health Department of the county, and in compliance with all zoning regulations of the village; to require any additional security or enforcement to assure compliance with all applicable rules, regulations, and ordinances of the village, county, and the state; to assure the public safety, welfare, and best interests of people of the
village; to determine the environmental and economic impact of the area surrounding the licensed premises; and to enforce this chapter against any public nuisance;
(j) To recommend to the Village Board such further regulations and restrictions regarding the issuance of, and operations under local licenses, not inconsistent with law, as the public good and convenience may require;
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(k) To investigate changes in this chapter and recommend changes to the Village Board;
(l) To adopt any rules and regulations consistent with the provisions of this chapter as may be necessary;
(m) To suspend or revoke licensee’s license issued under this chapter for violation of any portion of this chapter. In addition to any revocation or fine, the Liquor Control Commissioner may also levy a fine on the licensee for such violations.
1. Each day a violation continues shall constitute a separate violation.
2. Not more than $15,000 in fines may be imposed against any licensee during this period of this license.
(n) All fines imposed by the Liquor Control Commissioner must be paid to the village;
(o) All fines imposed by the Liquor Control Commissioner must be paid within ten days. Failure to pay such fine within the ten-day period will constitute a separate offense;
(p) All fines imposed by the Liquor Control Commissioner may be paid to the Liquor Control Commissioner on the day of hearing. All fines imposed by the Liquor Control Commissioner not paid on the day of hearing shall be paid to the Treasurer.
(E) Hearing procedures. Whenever this chapter requires a hearing before the Liquor Control Commissioner acts affirmatively concerning a license or licensee, the licensee shall be afforded reasonable notice of such hearing. The notice shall state:
(1) The time, place, and nature of the charge;
(2) The date when the appearance of the licensee is required before the Liquor Control Commissioner;
(3) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(4) A reference to the particular sections of the ordinance involved; and
(5) A statement informing the licensee of their ability to respond by presenting evidence and argument.
(F) Hearings. A hearing required under this chapter shall be held in accordance with the following rules.
(1) A hearing shall be set by the Liquor Control Commissioner at the initial appearance date or any duly ordered continuance thereof and shall be held at a reasonable time, date, and place.
(2) No cause shall be heard earlier than three business days after receipt by a licensee of the notice required under this chapter.
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(3) A licensee may present evidence and argument.
(4) The Village Attorney shall establish the violation by clear and convincing evidence.
(5) The Liquor Control Commissioner may limit, but not prohibit, the presentation of evidence and argument.
(6) An audio recording device shall be present at each hearing and shall record the testimony and evidence presented. In lieu of an audio recording a certified court reporter, or certified shorthand reporter, shall be present at each hearing and shall record the testimony and evidence presented.
(7) If the Commissioner finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for a hearing before the Local Liquor Control Commissioner, including, but not limited to court reporter fees, witness fees, and attorneys fees. This shall be in addition to any other penalties assessed against the licensee.
(8) The Liquor Control Commissioner may, in the Liquor Control Commissioner’s discretion, grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance.
(9) After a hearing, the Liquor Control Commissioner may revoke or suspend any license issued if it is determined that the licensee has violated any of the provisions of this chapter or any valid ordinance or resolution enacted by the Village Board or any applicable rule or regulations established by the Liquor Control Commissioner or the State Commission which is not inconsistent with law. In addition to the suspension, the Liquor Control Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for a first violation within a 12-month period, $1,500 for a second violation within a 12-month period, and $2,500 for a third or subsequent violation within a 12-month period. Each day on which a violation continues shall constitute a separate violation. Not more than $15,000 in fines under this chapter may be imposed against any licensee during the period of his license.
(10) Immediate suspension. If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he or she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period.
(11) Appeal on the record. Any appeal taken from a decision of the Liquor Control Commissioner shall be reviewed on the record of the hearing and not de novo, at which the decision was rendered as taken by and prepared by a certified court reporter or certified shorthand reporter. Appeal shall lie with the Illinois Liquor Control Commission.
(Am. Ord. passed 2-14-78; Am. Ord. 90-02, passed 4-23-90; Am. Ord. 90-06, passed 5-14-90; Am. Ord. 94-04, passed 6-20-94; Am. Ord. 95-12, passed 8-15-95; Am. Ord. 95-29, passed 12-4-95; Am. Ord. 97-09, passed 6-2-97; Am. Ord. 98-14, passed 7-6-98; Am. Ord. 98-31, passed 3-1-99; Am. Ord. 04-06, passed 4-19-04; Am. Ord. 06-15, passed 11-13-06; Am. Ord. 06-25, passed 3-12-07; Am. Ord. 07-03, passed 4-23-07; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 08-04, passed 4-14-08; Am. Ord. 09-13, passed 10-12-09; Am. Ord. 10-05, passed 5-24-10; Am. Ord. 13-03, passed 5-13-13; Am. Ord. 13-04, passed 5-13-13; Am. Ord. 13-14, passed 11-25-13; Am. Ord. 13-16, passed 12-9-13; Am. Ord. 13-17, passed 12-9-13; Am. Ord. 14-12, passed 10-13-14; Am. Ord. 14-13, passed 10-13-14; Am. Ord. 14-21, passed 1-26-15; Am. Ord. 15-03, passed 4-27-15; Am. Ord. 16-06, passed 10-10-16; Am. Ord. 16-09, passed 1-23-17; Am. Ord. 17-25, passed 1-16-18; Am. Ord. 19-48, passed 1-27-20; Am. Ord. 20-15, passed 11-23-20)
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§ 112.20 DISPOSITION OF FEES.
All such fees shall be paid to the Village President at the time application is made, and shall be forthwith turned over to the Village Treasurer. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted then the fee shall be deposited in the General Corporate Fund or in such other fund as shall have been designated by the Board of Trustees, by proper action. Applicant must pay such license fee in full by May 1 of any given year.
(‘70 Code, § 9.7) (Am. Ord. 07-39, passed 1-28-08)
§ 112.21 RECORD OF LICENSES.
The Village President shall keep or cause to be kept a complete record of all such licenses issued by him; and shall furnish the Village Clerk, Village Treasurer, and Chief of Police each with a copy thereof. Upon the issuance of any new license, or the revocation of any old license, the Village President shall give written notice of such action to each of these officers within 48 hours of such action.
(‘70 Code, § 9.8) (Am. Ord. 07-39, passed 1-28-08)
§ 112.22 TRANSFER OF LICENSE.
(A) (1) A license shall be purely a personal privilege, good for and not to exceed one year after issuance unless revoked sooner as in this chapter provided and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated; subject, however, to exceptions hereinafter provided in this section.
(2) Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased, or such insolvency or bankruptcy until the expiration of such license but not longer than six months after the death, bankruptcy, or insolvency of such licensee.
(3) A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this division.
(B) Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; provided that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Village President from decreasing the number of licenses to be issued within his jurisdiction.
(‘70 Code, § 9.9) (Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
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§ 112.23 CHANGE OF LOCATION.
A retail liquor dealer’s license shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only upon the written permit to make such change issued by the Village President. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the law of this state and the ordinances of the village.
(‘70 Code, § 9.10) (Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.24 TERMINATION OF LICENSE; FEE PRORATED.
Each such license shall terminate on April 30 next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.
(‘70 Code, § 9.5) (Am. Ord. 07-39, passed 1-28-08)
§ 112.25 REVOCATION.
The Village President may revoke any retail liquor dealer’s license for any violation of any provision of this chapter, or for any violation of any state law pertaining to the sale of alcoholic liquor.
(‘70 Code, § 9.19) (Am. Ord. 07-39, passed 1-28-08)
§ 112.26 CONSUMPTION OF ALCOHOLIC BEVERAGES ON CERTAIN LICENSED PREMISES ONLY.
It shall be unlawful for anyone not having a Class A, Class E or Class V license to sell or offer for sale any alcoholic liquor for consumption on the premises where sold.
(‘70 Code, § 9.6.1) (Am. Ord. passed 2-14-78; Am. Ord. 87-04, passed 4-27-87; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 16-09, passed 1-23-17) Penalty, see § 112.99
§ 112.27 TRAINING PROGRAM.
Training is required as specified below:
(A) For licenses effective on or after January 1, 2008, the original or renewal application for any Class A, D, D-1, E and V license shall be accompanied with proof of completion of a Police Department approved Beverage Alcohol Sellers and Servers Education and Training Program (BASSET) by all bartenders employed by the licensee.
(B) All bartenders shall, prior to serving or selling any alcoholic liquor within the village, register for and satisfactorily complete a police department approved BASSET course. The course shall be completed no later than within 60 days of employment with the licensee but shall be completed at the earliest opportunity after hiring (i.e., at the earliest opportunity the BASSET is provided by the village). Registration of employees is the responsibility of the licensee.
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(C) After October 1, 1997, all bartenders shall, within 60 days from the beginning of their employment with that licensee, satisfactorily complete a police department approved BASSET program, and shall, until satisfactory completion of the BASSET program, work under the supervision of a person who has satisfactorily completed the BASSET program. At the effective date of this section all currently employed bartenders have 60 days to complete a BASSET program.
(D) A photocopy of the certificate of completion of the BASSET program will be on file with the village Police Department BASSET coordinator and maintained in the manager’s office on the premises of the licensee.
(E) BASSET completion cards are to be carried and exhibited on demand. Every bartender who has successfully completed the BASSET training program shall have his/her BASSET completion card in his/her immediate possession at all times when serving alcoholic liquor within the village and, for the purpose of indicating compliance with this requirement, shall display his/her BASSET completion card upon demand made by a village police officer or the Village President or his/her designee.
(F) The Village President, as liquor commissioner, of the village may, in his/her discretion, extend the time for completion of the training, for renewal of licenses only, for an additional 60-day period through and until March 1, 2008. Such extensions shall be given on a case-by-case basis for good cause shown. Requests for such an extension must be in writing and presented to the Village President a minimum of 30 days prior to the implementation deadline.
(G) Bartenders of liquor license establishments that are of a “temporary status” (Christmas, summer help, etc.) whose employment does not extend past 60 days from the date of original employment are not required to complete the training program but must, for the duration of their employment, work at all times under the immediate supervision of a person who has completed the BASSET program. Proof of the employment hiring date of the bartender is to be exhibited upon demand of a village police officer or other agent authorized by the Village President as Liquor Commissioner. “Temporary status” bartenders must also contact the village police department to advise it of the name, establishment, and hiring date prior to bartending within the village. Responsibility for registration of all “temporary status” employees rests with the village.
(Ord. 97-23, passed 9-15-97; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 16-09, passed 1-23-17) Penalty, see § 112.99
SALES
§ 112.35 HOURS OF OPERATION.
(A) (1) The closing hours for Class A, E and V liquor licenses shall be as follows:
(a) Monday through Friday: 1:00 a.m. to 6:00 a.m.
(b) Saturday: 2:00 a.m. to 6:00 a.m.
(c) Sunday: 2:00 a.m. to 6:00 a.m.
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(2) No retail sales for off premises consumption may be made by a Class A licensee between midnight and 6:00 a.m. Sunday through Saturday.
(B) No alcoholic beverages shall be offered for sale, marketed or sold by any Class D or Class D-1 licensee as follows:
(1) Monday through Friday: midnight to 6:00 a.m.
(2) Saturday: midnight to 6:00 a.m.
(3) Sunday: midnight to 11:00 a.m.
(C) With exception of Class D and Class D-1 licensees, it shall be unlawful to keep open for business or to admit the public to any premises in or on which alcoholic liquor is sold at retail during the hours within which the sale of such liquor is prohibited. In the case of restaurants, clubs, and hotels such establishments may be kept open during such hours, but no alcoholic liquor may be sold or consumed by the public during those hours. Provided, however, that Class D and Class D-1 licensees may remain open for business and sell any non-alcoholic beverages at any time.
(‘70 Code, § 9.15.1) (Ord. passed 11-23-71; Am. Ord. 07-28, passed 9-24-07; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 10-03, passed 4-26-10; Am. Ord. 15-20, passed 3-28-16; Am. Ord. 16-09, passed 1-23-17) Penalty, see § 112.99
§ 112.36 LOCATION OF PREMISES, BUSINESS.
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for the aged or indigent persons, or for veterans, their wives or children, or any military or naval station. This prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of this chapter. No person shall hereafter engage in business as a retailer of any alcoholic liquor within 100 feet of any undertaking establishment or mortuary.
(‘70 Code, § 9.14.2) (Am. Ord. 07-28, passed 9-24-07; Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.37 UNOBSTRUCTED VIEW OF INTERIOR OF LICENSED PREMISES REQUIRED.
(A) In premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed (other than as a restaurant, hotel, or club) no screen, blind, curtain, partition, article, or thing shall be permitted in the windows or upon the doors of such licensed premises; nor shall the inside of such premises prevent a clear view into the interior of such licensed premises from the street, road, or sidewalk at all times; and no booth, screen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises which prevent a full view of the entire interior of such premises from the street, road, or sidewalk; and said premises must be so located that there shall be a full view of the entire interior of such premises from the street, road or sidewalk.
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(B) All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during the business hours by natural light or in part by artificial white light so that all parts of the interior of the premises shall be clearly visible.
(C) In case the view into any such licensed premises required by the foregoing provisions shall be willfully obscured by the licensee or by him willfully suffered to be obscured or in any manner obstructed, then such licensee shall be subject to revocation in the manner herein provided.
(D) In order to enforce the provisions of this section, the Village President shall have the right to require the filing with him of plans, drawings, and photographs showing the clearance of the view as above required.
(E) All premises upon which the sale of alcoholic liquor for consumption upon the premises is licensed shall keep all exterior doors in a closed position, except when said doors are being opened and shut for ingress and egress. No licensee shall allow any exterior doors to be held in the open position.
(‘70 Code, § 9.17) (Am. Ord. 07-39, passed 1-28-08; Am. Ord. 16-02, passed 5-9-16) Penalty, see § 112.99
§ 112.38 CONSUMPTION OF ALCOHOLIC LIQUOR ON CERTAIN PREMISES PROHIBITED.
(A) No person shall bring any alcoholic liquor into any dining room of any hotel, restaurant, club room, or place where lunches are served, or where soft drinks are sold, or a soda fountain is operated, or into any public place for consumption, or for use for mixing with or spiking any alcoholic liquor or any other beverage whatsoever.
(B) No owner, proprietor, or agent or employee thereof, of any restaurant, store, or other commercial establishment or private park inviting or permitting public patronage shall permit the consumption of alcoholic liquors on the premises except those specifically licensed for consumption on the premises.
(C) No person shall consume any alcoholic liquor on any street, alley, sidewalk, or other public property, or in any restaurant, store, or other commercial or private establishment, inviting or permitting public patronage except those specifically licensed for consumption on the premises or in any automobile or vehicle traveling upon or parked on any street, alley, or public property.
(‘70 Code, § 9.22) (Ord. passed 1-10-78; Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.39 SALE, GIFT, OR DELIVERY OF LIQUOR TO PERSONS UNDER 21 YEARS OF AGE.
(A) No licensee, holding a retail liquor dealer’s license in the village, nor any officer, associate, member, representative, agent, or employee of such licensee, shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person or to any person known by him to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient, or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor shall give it to another person under the age of 21 years, except in the performance of a religious ceremony or service. (‘70 Code, § 9.18.1)
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(B) Any person to whom the sale, gift, or delivery of alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of alcoholic liquor or have alcoholic liquor in his possession. If a licensee or his agents or employees believes or has reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the nonage of the prospective recipient, shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his official duties. (‘70 Code, § 9.18.2)
(C) No person under the age of 21 years, shall possess, or consume any alcoholic liquor.
(D) It shall be unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent’s child or the guardian’s ward, if the invitee is under the age of 21, in a manner that constitutes a violation of any provision of the Village Code of Peotone’s Alcoholic Liquor Ordinance (§§ 112.01 et seq.) A parent or guardian is deemed to have permitted his or her residence to be used in violation of this section if he or she knowingly authorizes, enables, or permits such use to occur by failing to limit access to either the residence or the alcoholic liquor maintained in the residence. Nothing in this § 112.39(D) shall be construed to prohibit the giving of an alcoholic liquor to a person under the age of 21 in the performance of a religious ceremony or service.
(E) Any person shall be guilty of an offense where he or she knowingly permits a gathering at a residence which he or she occupies of two or more of the persons where any one or more of the persons is under 21 years of age and the following factors apply:
(1) The person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage; and
(2) The possession or consumption of the alcohol by the person under 21 is not otherwise permitted by Illinois law or ordinance; and
(3) The person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition.
For purposes of this division (E), where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee.
(F) Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of 21 shall be guilty of an offense.
(G) Except as otherwise provided by the Illinois law, any person who has an alcoholic liquor in his or her possession on public school district property on school days or at any events on public school property when the children are present is guilty of an offense, unless the alcoholic liquor (I) is in the original container with the seal unbroken and is in the possession of a person who is not otherwise legally prohibited from possessing the alcoholic liquor or (ii) is in the possession of a person in or for the performance of a religious service or ceremony authorized by the School Board.
(Am. Ord. passed 11-12-79; Am. Ord. 94-19, passed 2-6-95; Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
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§ 112.40 FALSE IDENTIFICATION.
No person shall transfer, alter, or deface an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section and § 112.39.
(‘70 Code, § 9.18.2) (Am. Ord. passed 11-12-79; Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.41 MINORS PROHIBITED FROM LOITERING IN PLACES WHERE LIQUOR SOLD.
It shall be unlawful for the parent or legal guardian of a minor, or any licensee to allow a minor to be present in any tavern or place where alcoholic liquor is sold and served unless said minor is accompanied by his parent or legal guardian.
(‘70 Code, § 9.20) (Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.42 SALES BY CLASS D AND D-1 LICENSEES.
Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for a general package licensee or a wine and beer only package licensee who sells alcoholic liquor as a part of, but not as, its principal business to consummate the sale of alcoholic liquor except at a counter with a cash register designated to be used for sale of alcoholic liquor and which cash register is operated by a person of at least 21 years of age. No more than two cash registers may be designated for the sale of alcoholic beverages and to the extent practicable shall be separated from the remaining cash registers and checkout lines in the establishment.
(Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.43 PREMISES USED FOR SALE TO BE KEPT CLEAN AND SANITARY.
All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in a clean and sanitary condition, and shall be kept in full compliance with the ordinances regulating the condition of premises used for the storage or sale of food for human consumption, and the same shall be approved by the County Board of Health.
(‘70 Code, § 9.12) (Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
§ 112.44 EMPLOYEES AFFLICTED WITH CONTAGIOUS DISEASE PROHIBITED FROM RETAIL SALE.
It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is the carrier of, any contagious, infectious, or venereal disease. It shall be unlawful for any person who is afflicted with or who is a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor.
(‘70 Code, § 9.13) (Am. Ord. passed 5-11-76; Am. Ord. 07-39, passed 1-28-08) Penalty, see § 112.99
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§ 112.45 MANDATORY INSURANCE REQUIREMENTS.
No licensee shall sell any alcoholic liquor unless and until it has filed evidence of Dram Shop liability insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Illinois, and providing insurance for the licensee, the owner of and/or lessor of the premises in the minimum amount as required by Illinois law.
(Ord. 07-39, passed 1-28-08)
§ 112.46 OUTDOOR OR ACCESSORY PREMISES.
Any lawfully issued license that allows for the use of any accessory premises for the sale and consumption of alcoholic liquor outdoor or in a “beer garden” or other portion of a property that is covered by the said license shall require that such outdoor sales and/or consumption shall at all times comply with the following:
(A) The licensee shall keep and maintain the accessory premises in a clean, safe and sanitary condition and in compliance with all accessibility standards. The licensee shall not keep or maintain the accessory premises in such a manner so as to constitute a public or private nuisance.
(B) The licensee shall collect and properly dispose of litter and garbage situated upon the accessory premises. The licensee shall also collect and properly dispose of litter and garbage from adjacent public property and adjacent private property, with the permission of the owner thereof, that the licensee has reason to believe originated from the licensed or accessory premises. The licensee shall have an affirmative obligation to periodically supervise and patrol the accessory premises at reasonable intervals to ascertain whether there exists litter and garbage requiring collection and disposal. This duty shall include, but shall not be limited to, making lawful observations of adjacent public and private property.
(C) The licensee shall, with due diligence, take reasonable measures to prevent audio systems operated by persons located within the accessory premises from being audible beyond the boundaries of the property containing the accessory premises. The licensee shall have the affirmative obligation to periodically supervise and patrol the accessory premises at reasonable intervals to enforce this requirement. The licensee shall be deemed to have failed to periodically supervise the accessory premises at reasonable intervals if an audio system operated by a person located within the accessory premises is audible beyond the boundaries thereof for a period in excess of 15 consecutive minutes. In the event the licensee discovers, or is notified by a law enforcement officer or a third party, that an audio system is audible beyond the boundaries of the property containing the accessory premises, the licensee shall promptly and lawfully remove the offending vehicle and its occupants from the accessory premises and shall, for at least that business day, deny such persons entry to the licensed premises.
(D) The licensee shall take reasonable measures to prevent the consumption of alcoholic liquor upon the accessory premises, unless such consumption is otherwise specifically permitted by license or ordinance. This shall include, but shall not be limited to, the prompt and lawful removal from the accessory premises of persons observed by the licensee consuming alcoholic liquor, or possessing open or unsealed containers thereof, whether or not such containers are empty. The licensee shall also deny such persons entry to the licensed premises for at least that business day. The licensee shall have the affirmative obligation to periodically supervise and patrol the accessory premises at reasonable intervals to enforce this requirement.
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(E) A licensee may apply, in writing, to the office of the Village Administrator for permission to hold one event per year not to exceed 72 hours in duration when live music may be played outdoors on the licensed premises. No such live music may be played between the hours of 11:00 p.m. and 11:00 a.m. and the Village Administrator may attach such other conditions to the permit as may be advisable to protect the peace and quiet of the surrounding area. Further, the Local Liquor Control Commissioner, the Village Administrator or his designate of either, shall have the absolute right, for cause and without the necessity of a hearing, to order the immediate cessation of such live music. Uniformed police officers may be required for certain events.
(F) Nothing contained in this chapter, or under the terms of § 112.47(E) above, shall be construed as to limit or impair the authority of the Liquor Commissioner to grant special event licenses to the Will County Fair Association which said licenses may be granted for more than one event per year, and/or in excess of 72 hours.
(Ord. 07-39, passed 1-28-08)
§ 112.47 REPORTING OF VIOLATIONS.
The licensee shall immediately report to the Village Police Department all acts of disorderly conduct, battery, assault, fighting, indecent exposure, criminal damage to property, unlawful loitering, public urination or other violation of federal, state or local law, that the licensee observes or has reason to believe is occurring or has occurred upon the licensed premises, the accessory premises or public property adjacent to the licensed or accessory premises. The licensee shall cooperate with any law enforcement agency in the investigation and prosecution of such violations.
(Ord. 07-39, passed 1-28-08)
§ 112.48 CONDUCT ON PREMISES.
(A) General. In addition to any other requirement of this Code, or other applicable law or ordinance, the licensee shall have the following duties:
(1) Intoxicated person. No licensee shall permit an intoxicated person to enter into or allow to remain upon the licensed or accessory premises.
(2) Disorderly or dangerous persons. No licensee shall permit any person to enter into or remain upon the licensed or accessory premises who is engaged in conduct which, under the circumstances, constitutes, creates or which would tend to create a breach of the peace or any person that commits or attempts to commit battery, assault, indecent exposure, criminal damage to property, or other violation of federal, state or local law, upon the licensed or accessory premises.
(3) Dancing. No licensee shall permit dancing upon the licensed premises except in an area specifically designated for dancing only or upon a stage. Any dancing or standing upon tables or a bar is specifically prohibited.
(4) Discrimination. No licensee shall discriminate in service because of race, sex, religion, national origin or physical handicap.
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(5) Violations of city, state or federal laws.
(a) No licensee shall permit or allow the violation of city ordinance, state statute or federal law upon the licensed or accessory premises by any person.
(b) No licensee shall violate any city ordinance, state statute or federal law upon the licensed or accessory premises.
(6) Nudity.
(a) No licensee shall permit any person, while on the licensed or accessory premises and public view, to:
1. Expose his or her genitals, pubic hair, buttocks, or anus;
2. Employ any device or covering which is intended to give the appearance of or simulate his or her genitals, pubic hair, buttocks, anus; or
3. Appear without a fully opaque covering of his or her genitals, pubic hair, buttocks, anus.
(b) No licensee shall permit any female person, while on the licensed or accessory premises and in public view, to:
1. Expose that area of the human breast below the top of the areola;
2. Employ any device or covering which is intended to give the appearance of or simulate that area of the human breast below the top of the areola; or
3. Appear without a fully opaque covering of that area of the human breast below the top of the areola.
(7) Fashion shows, sexually oriented entertainment and sale of clothing. No licensee shall offer or permit the following activity on any part of the licensed or accessory premises:
(a) No fashion shows shall be permitted at which male or female undergarments, bathing suits, or lingerie are displayed on human bodies.
(b) No sexually oriented entertainment shall be permitted. The term “sexually oriented entertainment” shall include employees or agents of the licensee who are clothed in a manner so as to constitute “adult entertainment.”
(c) No person shall sell or offer for sale or offer as a prize for a raffle any clothing that constitutes male or female undergarments, bathing suits, or lingerie.
(8) Fighting prohibited; licensees conduct.
(a) Fighting, by patrons, either inside a licensed premises or any place outside the premises that is owned or leased by and used for the licensed premises or on any public way
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adjacent to the licensed premises is prohibited. For the purpose of this section, “fighting” shall mean any threatening or touching of another person which provokes or tends to provoke a breach of the peace. If self defense is offered as a defense to a charge of fighting, that defense must be established by the presentation of clear and convincing evidence. Any person violating this section shall be fined not less than $250.
(b) A summary of subsection (a) above shall be prominently displayed in all premises holding a liquor license. The notice shall further state that any person in a licensed premises observing a fight shall immediately notify the Village Police Department. A sign stating the regulations being the subject of this section shall be available from the Village Administrator’s office.
(c) Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting. This is referred to as the “maintenance of order standard.” The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once a fight breaks out or is in imminent danger of breaking out. If a fight does occur, the Local Liquor Control Commissioner shall have the right to conduct a hearing to consider the circumstances surrounding the fight and to determine the extent to which the licensee failed to adhere to the “maintenance of order standard.” At such a hearing, the Local Liquor Control Commissioner may consider the following matters, among others:
1. Prior incidents of reported or unreported fighting.
2. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the premises.
3. Whether any participant was served by the licensee after the participant’s intoxication should have been evident to the licensee.
4. Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person’s removal from the premises.
5. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent.
6. The actions of the licensee in reacting to the fight.
7. The extent and type of training given to the licensee’s employees in such matters as recognizing intoxication, over serving and prevention of altercations.
8. Whether minors were involved in the fighting.
9. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight.
Considering all of the circumstances brought into evidence at the hearing, the Local Liquor Control Commissioner shall make a determination of whether the licensee violated the “maintenance of order standard.” If it is determined that a violation occurred, the Local Liquor Control Commissioner may impose any penalty set forth in this chapter up to and including license revocation.
(d) The following procedure shall be observed by a licensee with respect to fighting:
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1. The licensee or the licensee’s agent or employee on the premises shall notify the Village Police Department immediately when the licensee knows or in the exercise of ordinary judgment should know that a fight is occurring or imminent.
2. In addition, within 48 hours of the occurrence, the licensee shall file with the Village Liquor Control Commissioner a report on a form provided by the village containing the following information:
A. The number of the persons involved in the fight.
B. The approximate amount of alcohol consumed at the premises by each person involved in the fight.
C. What action, if any, was taken by the licensee to prevent the fight.
D. What action, if any, was taken by the licensee subsequent to the start of the fight.
E. The licensee’s opinions as to why the fight occurred.
(e) Failure by the licensee to give immediate notification to the Police Department of a fight on a licensed premises or failure to file a report as required in subsection (d) herein with the Liquor Control Commissioner shall subject the licensee to a mandatory fine of $500 or a possible suspension or revocation of the village liquor license. For purposes of this section the word “immediate” shall refer to such time as one party threatens another or actually commences fighting with another.
(f) The provisions of this section shall not generally apply in circumstances where alcohol is used in an individual guest room within a hotel or where alcohol is mixed and poured at the hotel bar but it is delivered to a separate banquet or meeting room. This section shall apply to any other delivery of alcohol at a hotel, including, but not limited to, delivery in the restaurant or lounge or in those cases where a bar is set up in an area away from the main bar for the convenience of banquet room guests.
(9) Restriction on exterior signage. No Class A, E or V licensee, its agents, employees or vendors shall post, maintain or allow to maintain a temporary, exterior sign advertising for sale, at a “special price” or reduced sale price (whether or not said price is actually reduced), any alcoholic liquor, upon the exterior, window or any other exterior portion of the building occupied by said licensee.
(Ord. 07-39, passed 1-28-08; Am. Ord. 16-09, passed 1-23-17)
§ 112.99 PENALTY.
(A) Any person, firm, or corporation violating any provisions of this chapter for which another penalty has not been provided, shall be fined not less than $25 nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (‘70 Code, 9.21) (Am. Ord. 95-26, passed 11-20-95)
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a fine not to be less than $50 nor more than $750. If such offender is a liquor license holder, he shall be subject to the above provided fines as well as a discretionary suspension of his license: (1) for a period of 30 days, on the first offense; and (2) a permanent and automatic revocation on a second offense. Upon revocation a license holder shall thereafter not be eligible to hold a liquor license in the village, providing such person shall be so convicted by a court of competent jurisdiction; nor shall any license be granted to any other applicant in which such second offender is interested directly or indirectly. (‘70 Code, 9.18) (Am. Ord. passed 11-12-79; Am. Ord. 95-26, passed 11-20-95)
(C) In addition to whatever penalties are applicable under this chapter, if a person violates any of the provisions of this chapter, nothing herein shall prevent or restrict the village from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(D) All remedies and penalties provided for in this section shall be cumulative and independently available to the village and the village shall be authorized to pursue any and all remedies set forth in this section or other applicable law to the fullest extent allowed by law.
(E) Repeating course. In addition to other penalties imposed in this chapter, any bartender or licensee violating any regulations of this chapter may be required to again complete a BASSET program as required in § 112.27.
(‘70 Code, §§ 9.18, 9.21) (Am. Ord. passed 11-12-79; Am. Ord. 95-26, passed 11-20-95; Am. Ord. 97-23, passed 9-15-97; Am. Ord. 07-39, passed 1-28-08)
2017 S-37
CHAPTER 113: AMUSEMENTS, ENTERTAINMENT, AND GATHERINGS
Section
General Provisions
113.001 Application of regulations
113.002 License Required; fees
113.003 Premises to be in conformance with public building and gathering regulations
113.004 Exit lights
113.005 Smoking prohibited; signs
113.006 Inspections
113.007 Creating disturbances; dangerous conditions
Coin-operated Automatic Amusement Devices
113.020 Licenses required; fee
113.021 Application
113.022 Music Devices; juke boxes; fee
Billiard or Pool Halls
113.035 License required; fee
113.036 Hours of operation
113.037 Application of curfew to billiard and pool halls
Bowling Alleys
113.045 License required; application; fee
113.046 Hours of operation
113.047 Loud noises; disturbing the peace
113.048 Gambling
113.049 Application of curfew to bowling alleys
Circuses
113.060 Compliance
113.061 License required; fee
113.062 Application
113.063 Bond
113.064 Inspections
113.065 Sideshows; concessions; fee
113.066 Defrauding persons attending performances prohibited
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Public Dances
113.075 License required; fee
113.076 Application
113.077 Investigation of applicant
113.078 Closing hour
113.079 Compliance of premises to public building and gathering regulations
113.080 Improper conduct
Motion Pictures; Theatricals
113.090 License required; fee
113.091 Application
113.092 Presentations upon unlicensed premises; fee
113.093 Remaining standing during performance
113.094 Seating arrangement
113.095 Fire-resistant scenery required
113.096 Building requirements
113.097 Exits; obstruction prohibited
113.098 Certain pictures prohibited; obscene shows
113.099 Outdoor theaters
Public Gatherings
113.110 Compliance
113.111 Notification of gathering; permit
113.112 Inspection of premises; tents and other materials to be fire-resistant
113.113 Exits; doors
113.114 Seating
113.115 Street shows
113.116 Athletic exhibitions; license; fee
113.117 Exhibition of criminals
Raffles
113.130 Definitions
113.131 Raffle license required
113.132 License application
113.133 License; fees, duration, and revocation
113.134 Conduct of raffles
113.135 Raffle limits
113.136 Raffle manager; bond
113.137 Records
113.138 Compliance with state statute
113.999 Penalty
Cross-reference:
Sexually oriented businesses, see §§ 157.220 through 157.251
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GENERAL PROVISIONS
§ 113.001 APPLICATION OF REGULATIONS.
The provisions of this chapter, except as to licensing and fees, shall apply to all public shows, theatricals, circuses, and other amusements in the village, whether specifically licensed in another subchapter in this chapter or not.
(‘70 Code, § 2.2.1.1)
§ 113.002 LICENSE REQUIRED; FEES.
(A) It shall be unlawful to conduct or operate any amusement which is open to the public and
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Amusements, Entertainment, and Gatherings 25
for admittance to which a fee is charged, without having first obtained a license therefor; provided that the provisions of this section shall not be held to apply to those amusements which are specifically licensed by any other ordinance of the village.
(B) Applications for such license shall be made to the Village Clerk, and shall comply with all of the general provisions of the ordinances relating to such application. For such licenses the following fees shall be paid:
Amusements Rate per day
Menageries $25
Carnivals $25
Exhibitions of inanimate objects $10
Other amusements $10
(C) No permit for a carnival shall be issued except on order of the Board of Trustees.
(‘70 Code, § 2.2.1.2) Penalty, see §113.999
§ 113.003 PREMISES TO BE IN CONFORMANCE WITH PUBLIC BUILDING AND GATHERING REGULATIONS.
It shall be unlawful to operate or permit the operation of any amusement licensed in this chapter unless the premises in which such amusement is operated or permitted to be operated conforms with all the provisions or requirements in this code relating to public buildings and public gatherings.
(‘70 Code, § 2.2.1.14) Penalty, see § 113.999
§ 113.004 EXIT LIGHTS.
It shall be the duty of the owner or occupant in charge of any building or hall used as an assembly hall with accommodations for 100 persons or more in which theatricals, shows, amusements, lectures, and other entertainment is offered, operated, or presented to provide and place a sign on which the word “EXIT” shall appear in letters at least six inches high, over every door or other opening from such hall to every means of egress therefrom; and a light shall be provided with a red globe and placed at or over such sign, which light shall be kept burning during the entire period that the hall is open to the public and until the audience has left the hall.
(‘70 Code, §2.2.1.13) Penalty, see § 113.999
§ 113.005 SMOKING PROHIBITED; SIGNS.
(A) It shall be unlawful to smoke or carry a lighted cigar, cigarette, or pipe on or beneath the stage or in a dressing room or in the main assembly room of any building used as an assembly hall with seating accommodations for more than 100 persons or in which theatricals, shows, amusements, lectures, or other entertainments are offered, presented, operated, or exhibited.(‘70 Code, § 2.2.1.11)
(B) It shall be the duty of the owner of such premises or of the occupant in charge, to provide and place printed signs on which the words “NO SMOKING” shall appear in letters at least four inches high, in conspicuous places, with at least two signs being upon the stage or in the wings thereof, and
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at least two in the main assembly room, and one in each dressing room. (‘70 Code, § 2.2.1.12)
Penalty, see § 113.999
§ 113.006 INSPECTIONS.
It shall be the duty of the Chief of Police and Fire Chief to see that every exhibition, amusement, theatrical, or other public show or amusement is inspected by a member of the Police and Fire Department, and to insure conformity with the provisions concerning such amusements.
(‘70 Code, § 2.2.1.7)
§ 113.007 CREATING DISTURBANCES; DANGEROUS CONDITIONS.
(A) The audience of any amusement, show, or theatrical must be orderly and quiet at all times; and it shall be unlawful for any person attending such amusement, show, or theatrical to create a disturbance in the audience.
(B) It shall be unlawful to permit or gather such a crowd to witness any amusement or show as to create a dangerous condition because of fire or other risks.
(‘70 Code, § 2.2.1.6)
(C) It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance. (‘70 Code, § 2.2.1.10)
Penalty, see § 113.999
COIN-OPERATED AUTOMATIC AMUSEMENT DEVICES
§ 113.020 LICENSE REQUIRED; FEE.
(A) No person, firm, or corporation shall place or install, or maintain or operate in any building or place within the village any mechanical coin-controlled amusement devices, electronic video games, or pinball machines, including coin-controlled mechanical musical devices, for use by the public and for which a fee is charged, without first having obtained a license for each place or location where such mechanical coin-controlled amusement device shall be installed, maintained, or operated. However, coin-operated machines used exclusively for dispensing food or drinks shall be exempt from this section.
(‘70 Code, § 2.2.7.1)
(B) The annual license fee for each mechanical amusement device shall be $25. (‘70 Code, § 2.2.7.3)
Penalty, see § 113.999
§ 113.021 APPLICATION.
Any person, firm, or corporation desiring the license required in and by this subchapter shall make application for that purpose to the Village Clerk, which application shall set forth the full name of the
Amusements, Entertainment, and Gatherings 27
applicant and his address; the location and character of the building or place where such mechanical coin-controlled amusement devices or electronic video games are to be located, maintained, and operated; the number of such devices to be located, maintained, and operated in such building or place; the type of machine to be located, maintained, and operated; and the charge to be made to the customer for operating each of such devices.
(‘70 Code, § 2.2.7.2)
§ 113.022 MUSIC DEVICES; JUKE BOXES; FEE.
It shall be unlawful to offer or maintain for public use any coin-operated device, machine, or mechanism which shall produce or reproduce music without having first secured a permit. The annual fee for such permits shall be $25.
(‘70 Code, § 2.2.1.4) Penalty, see § 113.999
BILLIARD OR POOL HALLS
§ 113.035 LICENSE REQUIRED; FEE.
(A) No person, firm, or corporation shall operate, maintain, or conduct a billiard, pool, or bagatelle or pigeon-hole table open to the public without having first obtained a license therefor as herein required. All applications for such license shall state thereon the intended location of the place of business and the number of tables to be used therein. (‘70 Code, § 2.2.3.1)
(B) The annual fee for such license shall be $10 for each table and shall be obtained from the Village Clerk. (‘70 Code, §2.2.3.2)
Penalty, see § 113.999
§ 113.036 HOURS OF OPERATION.
Any person, firm, or corporation so operating a billiard, pool, bagatelle, or pigeon-hole table shall cease doing business at 12 o’clock midnight from Monday through Thursday and shall cease at 1:00 a.m. Saturday and 1:00 a.m. Sunday and shall do business during Sunday only between the hours of 12:00 midnight and 1:00 a.m. and 1:00 p.m. and 12:00 midnight.
(‘70 Code, § 2.2.3.3) Penalty, see § 113.999
§ 113.037 APPLICATION OF CURFEW TO BILLIARD AND POOL HALLS.
The village curfew stated in § 132.02 shall apply to all billiard and pool halls in the village and all persons under 18 years of age shall be in violation of the curfew if they are in the billiard or pool hall after village curfew. (See §132.02)
(‘70 Code, § 2.2.3.5) Penalty, see § 113.999
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BOWLING ALLEYS
§ 113.045 LICENSE REQUIRED; APPLICATION; FEE.
(A) No person, firm, or corporation shall operate or maintain a bowling alley, pin, or ball alley open to the public without having first obtained a license; application for such licenses shall be made in writing and shall state thereon the intended location of the place of business and the number of alleys to be used. (‘70 Code, § 2.2.4.1)
(B) The annual license fee for bowling alleys shall be $10 for the first alley and $5 for each additional alley. (‘70 Code, § 2.2.4.2)
Penalty, see § 113.999
§ 113.046 HOURS OF OPERATION.
No person shall keep open, operate, or play upon any bowling alley, licensed hereunder, during the following periods of time:
(A) Monday through Friday: 1:00 a.m. to 6:00 a.m.
(B) Saturday: 2:00 a.m. to 6:00 a.m.
(C) Sunday: 2:00 a.m. to 10:00 a.m.
(‘70 Code, §2.2.4.4) (Am. Ord. passed 11-23-71) Penalty, see §113.999
§ 113.047 LOUD NOISES; DISTURBING THE PEACE.
(A) It shall be unlawful for any person, firm, or corporation keeping or conducting a bowling alley to permit the patrons of the same to make loud and boisterous noises so as to disturb the peace in the vicinity.
(B) It shall be unlawful for any person to make or cause any such noise in a bowling alley, or to congregate on the sidewalk or street in front of any such premises in such manner or in such numbers as to obstruct foot or vehicle traffic along the street or sidewalk.
(‘70 Code, § 2.2.4.5) Penalty, see § 113.999
§ 113.048 GAMBLING.
It shall be unlawful for any person to gamble, bet, or permit any form of gambling or betting in any premises used for a bowling alley, pin, or ball alley.
(‘70 Code, § 2.2.4.3) Penalty, see § 113.999
§ 113.049 APPLICATION OF CURFEW TO BOWLING ALLEYS.
The village curfew stated in § 132.02 shall apply to all bowling alleys, pin, or ball alleys in the village, and all persons under 18 years of age shall be in violation of the curfew if they are in the
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bowling alley, pin, or ball alley, after village curfew.
(‘70 Code, § 2.2.4.6) Penalty, see § 113.999
CIRCUSES
§ 113.060 COMPLIANCE.
It shall be the duty of every person licensed under this subchapter to obey the provisions of this chapter and all other ordinance provisions relating to circuses or the premises occupied.
(‘70 Code, § 2.2.6.5) Penalty, see § 113.999
§ 113.061 LICENSE REQUIRED; FEE.
(A) No person, firm, or corporation shall conduct or operate a circus in the village without having first obtained a license as is provided in this subchapter. (‘70 Code, § 2.2.6.1)
(B) The fee for the circus license shall be $25 for each day during which the circus is conducted or open to the public, and no license shall be issued without payment of the fee. (‘70 Code, § 2.2.6.3)
Penalty, see § 113.999
§ 113.062 APPLICATION.
The application for such licenses shall be made to the Village Clerk and shall specify the place in or on which the circus is to be conducted.
(‘70 Code, §2.2.6.2)
§ 113.063 BOND.
It shall be unlawful to conduct any parade connected with a circus on any public street, alley, or other public way or place in the village, unless a permit is first obtained from the Board of Trustees. Such permit shall specify the route to be followed, and shall be accompanied by a bond in the sum of $10,000, conditioned to indemnify the village for any loss, damage, or liability incurred or caused by the conduct of such exhibition or such parade.
(‘70 Code, § 2.2.6.8)
§ 113.064 INSPECTIONS.
It shall be the duty of the Chief of Police and the Fire Chief to see that inspections as provided for in this chapter shall be made of all circuses, circus performances, and of the premises used.
(‘70 Code, § 2.2.6.6)
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§ 113.065 SIDESHOWS; CONCESSIONS; FEE.
The license fee for each sideshow and concession operated in connection with the circus shall be $5 per day.
(‘70 Code, § 2.2.6.4)
§ 113.066 DEFRAUDING PERSONS ATTENDING PERFORMANCES PROHIBITED.
It shall be unlawful for any person, firm, or corporation to cheat, shortchange, or otherwise defraud any person attending or about to attend a circus performance within the village.
(‘70 Code, § 2.2.6.7) Penalty, see § 113.999
PUBLIC DANCES
§ 113.075 LICENSE REQUIRED; FEE.
(A) It shall be unlawful to operate or conduct a public dance in the village without having first obtained a license therefor as is herein provided. (‘70 Code, § 2.2.9.1)
(B) The fee for such public dances to be held in any one premise shall be $10 for a single dance. (‘70 Code, § 2.2.9.4)
Penalty, see § 113.999
§ 113.076 APPLICATION.
(A) Application for such licenses shall be made in conformance with the provisions of the ordinances relating to licenses, and shall specify the location of the proposed dance or dances and the person or organization sponsoring the same.
(B) No such license shall be issued to a person who is not a person of good moral character, nor to a corporation or organization which is not represented in the village by a person of good moral character.
(‘70 Code, § 2.2.9.2)
§ 113.077 INVESTIGATION OF APPLICANT.
It shall be the duty of the Chief of Police to make or cause to be made an investigation into the character of each applicant and report the results of such investigation to the Village Clerk.
(‘70 Code, §2.2.9.3)
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§ 113.078 CLOSING HOUR.
It shall be unlawful for any public dance to remain open and it shall be unlawful to permit patrons to remain therein between the hours of 1:00 a.m. and 6:00 a.m.
(‘70 Code, § 2.2.9.7) Penalty, see § 113.999
§ 113.079 COMPLIANCE OF PREMISES TO PUBLIC BUILDING AND GATHERING REGULATIONS.
It shall be unlawful to conduct a public dance or operate a dance hall in any hall or place which does not comply with the provisions of this code relating to public buildings and public gatherings.
(‘70 Code, §2.2.9.5) Penalty, see §113.999
§ 113.080 IMPROPER CONDUCT.
It shall be unlawful to indulge in or to permit any improper or immoral conduct at any public dance.
(‘70 Code, §2.2.9.6) Penalty, see §113.999
MOTION PICTURES; THEATRICALS
§ 113.090 LICENSE REQUIRED; FEE.
(A) It shall be unlawful to give, present, or conduct any motion picture or theatrical for admission to which a fee is charged, excepting performances given solely for the benefit of and under the supervision of a religious, educational, or charitable organization, without having first secured a license therefor as is herein provided. (‘70 Code, § 2.2.8.1)
(B) Any person securing an annual license for motion pictures, or theatricals, naming a specific place or building where the performances are to be presented, may present therein any number of performances, including theatricals, during the year for which the license was secured without having to pay any additional fee. The annual fee for such license shall be $50. (‘70 Code, § 2.2.8.3)
Penalty, see §113.999
§ 113.091 APPLICATION.
Applications for such licenses shall be made in conformance with the general provisions relating to such applications, and shall state in addition to the other information required, the place of the intended performance and the seating capacity thereof.
(‘70 Code, § 2.2.8.2)
§ 113.092 PRESENTATIONS UPON UNLICENSED PREMISES; FEE.
For motion pictures or theatricals, which are to be presented in premises which are not covered by a license fee, the fee to be paid shall be $10 per day; provided that no such motion picture or
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theatrical shall be presented in or on any premises or building which does not fully comply with the provisions of the ordinances relating to public gatherings and the maintenance of buildings for this purpose.
(‘70 Code, § 2.2.8.4)
§ 113.093 REMAINING STANDING DURING PERFORMANCE.
It shall be unlawful to permit any person, excepting ushers or other theater employees, to remain standing in a hall or room in which a motion picture is being presented during the time of such performance. (‘70 Code, § 2.2.8.6) Penalty, see § 113.999
§ 113.094 SEATING ARRANGEMENT.
It shall be unlawful to admit to a hall more persons than can be accommodated by the seating arrangements for the premises.
(‘70 Code, § 2.2.8.6) Penalty, see § 113.999
§ 113.095 FIRE-RESISTANT SCENERY REQUIRED.
It shall be unlawful to use any scenery in any theater other than nonflammable scenery or such as shall have been rendered nonflammable by the application of fire preventive coatings.
(‘70 Code, § 2.2.8.7) Penalty, see § 113.999
§ 113.096 BUILDING REQUIREMENTS.
It shall be unlawful to present any public motion picture in any building or structure which does not contain the number of exits required by the ordinance of the village or by the statutes of the state concerning buildings or places intended for motion picture performances or in premises which do not comply with the provisions of this code relating to public gatherings, or in premises in which the electric wiring does not fully comply with the ordinances. All places used for such exhibitions of theatricals must be kept adequately ventilated during the performance and for as long a time as the audience remains therein.
(‘70 Code, § 2.2.8.8) Penalty, see § 113.999
§ 113.097 EXITS; OBSTRUCTION PROHIBITED.
It shall be unlawful to obstruct or permit the obstruction of any aisles, corridors, or exits leading from the room or enclosures in which a motion picture performance or theatrical is being given or in which an audience for such a performance is gathered.
(‘70 Code, § 2.2.8.9) Penalty, see § 113.999
§ 113.098 CERTAIN PICTURES PROHIBITED; OBSCENE SHOWS.
It shall be unlawful to permit any person to offer or present any motion picture which has a tendency to cause a riot or public disturbance of the peace; or any obscene picture or performance
Amusements, Entertainment, and Gatherings 33
as OBSCENE is defined in § 133.01.
(‘70 Code, §2.2.8.5) Penalty, see §113.999
§ 113.099 OUTDOOR THEATERS.
Outdoor theaters, where the audience is not housed in a building, shall be conducted in full compliance with all applicable provisions of this subchapter. Each outdoor theater shall be equipped with washrooms, separate for men and women.
(‘70 Code, § 2.2.8.10) Penalty, see § 113.999
PUBLIC GATHERINGS
§ 113.110 COMPLIANCE.
It shall be unlawful to hold, manage, or conduct any meeting or entertainment of any kind in the village, in any premises other than a building constructed in full compliance with the ordinances and laws pertaining thereto for auditorium, theater, or lodge room purposes, excepting in compliance with the provisions of this subchapter.
(‘70 Code, § 10.4.1) Penalty, see § 113.999
§ 113.111 NOTIFICATION OF GATHERING; PERMIT.
It shall be the duty of any persons conducting, calling for, or managing any gathering in any premises other than a theater, lodge room, or auditorium building constructed as provided in § 113.110, to notify the Village Clerk of the date of such intended use at least ten days before such meeting is to take place; and upon such notice the Fire Chief or the Zoning Administrator shall inspect the premises to determine whether or not they comply with the provisions hereof. Any permit issued for any such gathering shall be subject to the condition that this subchapter be fully complied with, whether or not such condition is embodied in the permit.
(‘70 Code, § 10.4.6) Penalty, see § 113.999
§ 113.112 INSPECTION OF PREMISES; TENTS AND OTHER MATERIALS TO BE FIRE- RESISTANT.
No such gathering or entertainment shall be held or presented in any premises other than a building as described in § 113.110, unless such premises have been examined by the Fire Chief or Zoning Administrator not more than three days before the date of such gathering and found to be free from any fire hazard and to be suitable for the purpose. No structure enclosed by a roof shall be used for such purpose unless the same is constructed of nonflammable materials; provided that tents or structures covered by canvas or similar materials may be so used if such canvas or other material have been properly treated so as to be rendered fire-resistive.
(‘70 Code, § 10.4.2) Penalty, see § 113.999
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§ 113.113 EXITS; DOORS.
(A) Adequate unobstructed exits shall be provided in all premises used for such purposes to permit rapid egress of all persons attending, and there shall be at least two separate exits located at least 30 feet from each other. There shall be two lineal feet of doorway or exit space for each 100 people accommodated. (‘70 Code, § 10.4.3)
(B) All doors or gates on exits from premises used for such purposes shall open outward and no such exit shall be so constructed or locked that egress from inside the premises is blocked. (‘70 Code, § 10.4.5)
Penalty, see § 113.999
§ 113.114 SEATING.
(A) Any stands or rows of seats used in such premises shall be so constructed as to be safe for the use designated, and shall be sufficiently strong to carry the same weight and stress as is required for the construction of the auditorium floors of theater buildings, not less than 100 pounds per square foot.
(B) It shall be unlawful to admit to any such premises a number of persons to exceed the number of actual seats maintained for their accommodation.
(‘70 Code, § 10.4.4) Penalty, see § 113.999
§ 113.115 STREET SHOWS.
No permit shall be granted or given for any carnival, exhibition, show, or other amusement to be given on any public street or sidewalk or in such place that the main accommodation for the public or the audience will be in a public place, except on order of the Village Board of Trustees.
(‘70 Code, § 2.2.1.3) Penalty, see § 113.999
§ 113.116 ATHLETIC EXHIBITIONS; LICENSE; FEE.
(A) It shall be unlawful to conduct, operate, or exhibit any race between persons, animals, or vehicles; or any baseball game, boxing or wrestling matches, or any other athletic contest or exhibition for admission to which a fee is charged without having first procured a license. The fee for such license shall be $50. This section shall not apply to games or contests between school teams.
(B) The proprietor of such exhibition shall submit to the Village Clerk a statement verified under oath of the gross receipts of each such game, contest, or race, within one week after such exhibition. At the same time, the proprietor or person exhibiting or operating such exhibition shall pay to the Clerk a sum equal to 3% of the gross receipts after deducting the license fee paid.
(C) Sufficient members of the Police Department shall be admitted free of charge, to all such exhibitions for the purpose of preserving and maintaining order; and the Village Clerk may post a person or any number or persons at the box office of each such performance; and may examine all the books pertaining to such performance showing or tending to show the gross receipts.
(‘70 Code, §2.2.1.5) Penalty, see § 113.999
Amusements, Entertainment, and Gatherings 35
§ 113.117 EXHIBITION OF CRIMINALS.
It shall be unlawful for any person, firm, or corporation to exhibit any criminal or the body of any criminal or any person who shall have become notorious because of the commission of a crime, in any theatrical, carnival, or other public place.
(‘70 Code, § 2.2.1.9) Penalty, see § 113.999
RAFFLES
§ 113.130 DEFINITIONS.
For the purposes of this subchapter, the terms defined in this section have the meanings given them.
BUSINESS. A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community.
CHARITABLE. An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public.
EDUCATIONAL. An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning that compare favorably in their scope and intensity with the course of study presented in tax-supported schools.
FRATERNAL. An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
LABOR. An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.
NET PROCEEDS. The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.
NON-PROFIT. An organization or institution organized and conducted on a not-for-profit basis, with no personal profit inuring to anyone as a result of the operation.
RAFFLE. A form of lottery, as defined in ILCS Ch. 720, Act 5, § 28-2(b), conducted by an organization licensed under this act, in which:
(1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance;
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(2) The winning chance is to be determined through a drawing or by some other method, based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
RELIGIOUS. Any church, congregation, society or organization founded for the purpose of religious worship.
VETERANS. An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.
(Ord. 17-26, passed 1-22-18)
§ 113.131 RAFFLE LICENSE REQUIRED.
(A) Raffles are hereby authorized within the village, in conformance with the requirements of this subchapter. It shall be a violation of this subchapter to operate a raffle within the village without first having obtained a license as set forth herein.
(B) A license to operate a raffle shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational or veterans’ organizations that operate without profit to their members, and which have been in existence continuously for a period of five years immediately before making application for the license, as provided for in this subchapter, and which have had during the entire five-year period a bona fide membership engaged in carrying out their objectives and who have complied with the provisions of this subchapter and the provisions of the Raffles and Poker Runs Act, ILCS Ch. 230, Act 15, §§ 0.01 et seq., as amended, or to a nonprofit fundraising organization that the village determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster.
(C) No license to operate a raffle shall be issued to:
(1) Any person who has been convicted of a felony;
(2) Any person who is or has been a professional gambler or gambling promoter;
(3) Any person who is not of good moral character;
(4) Any firm, organization or corporation in which a person defined in § 113.131(C) (1), (2) or (3) has a proprietary, beneficial, equitable or credit interest, or in which such a person is active or employed;
(5) Any organization in which such a person defined in § 113.131(C)(1), (2) or (3) is an officer, director or employee, whether compensated or not;
(6) Any organization in which a person defined in § 113.131(C)(1), (2) or (3) is to participate in the management or operation of a raffle as defined by state law.
(Ord. 17-26, passed 1-22-18)
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§ 113.132 LICENSE APPLICATION.
(A) Required information. Application forms shall be furnished by the Village Clerk and filed with same. The application shall include the following:
(1) The name and address of the applicant;
(2) The dates, times and locations at which winning chances will be determined;
(3) The place and date of chartering or incorporation of the applicant, if applicable;
(4) The name, address, telephone number, and date of birth of the presiding officer, secretary and raffle manager of the applicant;
(5) The dates, times, and locations at which raffle tickets will be sold;
(6) A list of prizes and the retail value of each prize to be awarded in a single raffle, or the total maximum value of a progressive raffle;
(7) The price to be charged for each ticket sold; and
(8) Such other information as the village may from time to time require.
(B) Sworn statement. The license application shall contain a sworn statement attesting to the accuracy of the information provided and to the not-for-profit character of the prospective licensee. The statement shall be signed by the presiding officer and secretary of that prospective licensee.
(C) Village Board to issue or deny license. The Village Clerk shall forward completed applications to the Village Board, which shall act to issue or deny a license within 30 days of receipt by the village of a completed application.
(Ord. 17-26, passed 1-22-18)
§ 113.133 LICENSE; FEES, DURATION, AND REVOCATION.
(A) Duration of license; revocation. Licenses issued pursuant to this subchapter shall be valid for one raffle or for a specified number of raffles to be conducted during a specified period, not to exceed one year, and may be suspended or revoked for any violation of this subchapter.
(B) Fees. A license authorizes the licensee to conduct raffles. The following fees shall be applicable relative to the issuance of raffle licenses:
(1) Single raffle - $15;
(2) Two to four raffles during a calendar year - $25;
(3) Five or more raffles during a calendar year - $50.
(Ord. 17-26, passed 1-22-18)
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§ 113.134 CONDUCT OF RAFFLES.
(A) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the licensee permitted to conduct that game.
(B) No person except a bona fide member of the licensee organization may participate in the management or operation of the raffle.
(C) No person may receive any remuneration or profit for participating in the management or operation of the raffle.
(D) Raffle chances may be sold or issued only within the dates, times and locations specified on the license.
(E) Winning chances must be determined only at the time, date and location specified on the license.
(F) A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization that is also licensed under this subchapter.
(G) Any person selling raffle chances must carry a copy of the license issued for the raffle.
(H) No person under the age of 18 years may participate in the conducting of raffles or chances. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by a parent or guardian.
(Ord. 17-26, passed 1-22-18)
§ 113.135 RAFFLE LIMITS.
(A) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single calendar year shall not exceed $500,000.
(B) The maximum retail value of each prize awarded by a licensee in a single progressive raffle shall not exceed $500,000.
(C) The maximum price that may be charged for each raffle chance issued or sold shall not exceed $250.
(D) The maximum number of days during which chances may be issued or sold shall not exceed 180.
(E) A license shall not be valid for more than 365 days.
(Ord. 17-26, passed 1-22-18)
§ 113.136 RAFFLE MANAGER; BOND.
(A) All operation and conduct of raffles shall be under the supervision of a single raffle manager as designated on the license application by the organization.
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(B) A manager shall give a fidelity bond in the sum of the aggregate retail value of the prizes as set out on the application. The bond shall be in favor of the organization, conditioned upon the raffle manager’s honesty in the performance of his or her duties. The bond shall provide that notice shall be given in writing to the village not less than 30 days prior to its cancellation period. The Village Board may waive this bond requirement by including a waiver provision in the license issued to an organization under this subchapter, provided that a license containing such waiver provision shall be granted only by unanimous vote of the members of the licensed organization.
(Ord. 17-26, passed 1-22-18)
§ 113.137 RECORDS.
(A) Gross receipts from the operation of raffle programs shall be segregated from other revenues of the licensee (including bingo gross receipts, if bingo games are also conducted by the same licensee pursuant to license issued by the State Department of Revenue), and placed in a separate account. Each organization shall have separate records of its raffles.
(B) Each licensee shall keep records of gross receipts, expenses and net proceeds for each single raffle at which winning chances are determined. All reasonable operating expenses deducted from gross receipts for each single raffle shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
(C) Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the village, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this section.
(D) Records required by this section shall be preserved for three years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
(Ord. 17-26, passed 1-22-18)
§ 113.138 COMPLIANCE WITH STATE STATUTE.
All raffles licensed under the provisions of this subchapter must be conducted in accordance with the provisions of ILCS Ch. 230, Act 15, §§ 3 et seq., as amended from time to time.
(Ord. 17-26, passed 1-22-18)
§ 113.999 PENALTY.
Any person, firm, or corporation violating any of the provisions of this chapter shall be fined not less than $25 nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues; and the license may be revoked for any violation of § § 113.045 through 113.049 by the licensee or his employees.
(Am. Ord. 95-26, passed 11-20-95)
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CHAPTER 114: FACTORIES; SLAUGHTERHOUSES; LAUNDRIES
Section
Factories; Slaughterhouses
114.01 License required; fee
114.02 Application; issuance
114.03 Zoning
114.04 Business or factory causing noxious odors prohibited
Laundries
114.15 License required; fee
114.16 Premises to be kept in clean and sanitary condition
114.17 Employment of person with contagious disease prohibited
114.18 Inspection of establishment
114.99 Penalty
FACTORIES; SLAUGHTERHOUSES
§ 114.01 LICENSE REQUIRED; FEE.
(A) It shall be unlawful to operate or maintain any blacksmith shop, foundry, or machine shop within the village without having first secured a license as is provided in this subchapter.
(B) It shall be unlawful to maintain or operate any rendering, tallow chandlery, soap factory, glue factory, tannery, packing plant, or slaughterhouse within the village limits without having first secured a license as is provided in this subchapter.
(‘70, Code, §2.2.20.1)
(C) The fee for such licenses shall be $10 annually. (‘70 Code, §2.2.20.3)
Penalty, see §114.99
§ 114.02 APPLICATION; ISSUANCE.
Applications for such licenses shall be made in writing to the Village Clerk, but no license shall be issued except upon the express order of the Board of Trustees.
(‘70 Code, §2.2.20.2)
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§ 114.03 ZONING.
The provisions of this subchapter shall not be construed to permit the establishment of any factory or place of business in any location where such business is prohibited by the zoning ordinance.
(‘70 Code, § 2.2.20.5) Penalty, see § 114.99
§ 114.04 BUSINESS OR FACTORY CAUSING NOXIOUS ODORS PROHIBITED.
It shall be unlawful to establish any unwholesome business or factory causing noxious odors within the village limits.
(‘70 Code, § 2.2.20.6) Penalty, see § 114.99
LAUNDRIES
§ 114.15 LICENSE REQUIRED; FEE.
(A) No person, firm, or corporation shall operate or conduct a laundry in the village without having first obtained a license. Application for such licenses shall be made in writing to the Village Clerk and shall state thereon the location intended to be occupied. (‘70
Code, § 2.2.13.1)
(B) The annual fee for laundry licenses shall be $5 and no license shall be issued except upon the payment of the fee. (‘70 Code, § 2.2.13.2)
Penalty, see § 114.99
§ 114.16 PREMISES TO BE KEPT IN CLEAN AND SANITARY CONDITION.
Premises used for laundries must be kept in a clean and sanitary condition. No refuse of any kind shall be permitted to accumulate on such premises; and the premises must be kept free from rats, mice, and vermin.
(‘70 Code, § 2.2.13.3) Penalty, see § 114.99
§ 114.17 EMPLOYMENT OF PERSON WITH CONTAGIOUS DISEASE PROHIBITED.
It shall be unlawful to employ any person with a venereal or contagious disease in a laundry.
(‘70 Code, § 2.2.13.3) Penalty, see § 114.99
§ 114.18 INSPECTION OF ESTABLISHMENT.
It shall be the duty of the Chief of Police or other official designated by the Village President to inspect or cause to be inspected every establishment licensed under this subchapter at least once every six months. Any violation under the terms of this subchapter, which is discovered, shall be reported to the Village President and Board of Trustees.
(‘70 Code, § 2.2.13.4)
Factories; Slaughterhouses; Laundries 39
§ 114.99 PENALTY.
Any person, firm, or corporation violating any of the provisions of this chapter shall be fined not less than $25 nor more than $750 for each offense. A separate and distinct offense shall be deemed committed on each day on which a violation occurs or continues.
(Am. Ord. 95-26, passed 11-20-95)
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CHAPTER 115: FOOD AND MILK DEALERS
Section
Food Dealers
115.01 Definitions
115.02 License required; fee
115.03 Application; issuance
115.04 Additional license
115.05 Sale or storage of unwholesome food
115.06 Adulteration of food or drink by harmful materials
115.07 Premises to be kept in clean and sanitary condition
115.08 Employees to keep clean; contagious diseases
115.09 Revocation
Milk Dealers
115.20 License required; fee
115.21 Application
115.22 Conformance to state standards
115.23 Milk to come from animals under state or federal supervision; bacterial rating
115.24 Dairies
115.25 Pasteurization required
115.26 Grade A milk
115.27 Percentages of butterfat in cream; sale of cream
115.28 Artificial preservative
115.29 Containers
115.30 Transportation, delivery of milk
115.31 Deliveries to quarantined premises
115.32 Inspections
115.99 Penalty
FOOD DEALERS
§ 115.01 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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FOOD. Includes beverages, milk, and alcoholic liquors.
(‘70 Code, §2.2.10.12)
FOOD DEALERS. Every person, firm, or corporation engaged in conducting or operating any of the following businesses:
(1) Fruit and vegetable store or establishment for the retail sale of fresh fruits, berries, and vegetables;
(2) Grocery store, or establishment for the sale at retail of butter, cheese, vegetables, or other provisions;
(3) Ice cream parlor;
(4) Meat market, or establishment for the retail sale of fresh meat, poultry, or fish;
(5) Retail beverage store, or establishment for the sale at retail of any malted, cereal, carbonated, or vinous nonintoxicating beverages as defined by law;
(6) Confectionery, or establishment for the sale of candy; and
(7) Bakeries, or any establishment for the mixing, compounding, or baking, or for the sale, or purpose of a restaurant; any bread or breadstuff, or any food product of which flour or meal is the principal ingredient, provided that where such foodstuffs are baked in a restaurant kitchen for consumption in such restaurant only, or in dwellings where such foodstuffs are baked on ordinary stoves or ranges, shall not be considered as bakeries.
(‘70 Code, § 2.2.10.1)
§ 115.02 LICENSE REQUIRED; FEE.
(A) It shall be unlawful for any food dealer to engage in or do business in the village without having first secured a license. Applications for such licenses shall be made in compliance with the general provisions of this code relating thereto, and shall state the kind of food intended to be sold or handled. (‘70 Code, § 2.2.10.2)
(B) The annual fee for such licenses shall be $25 for each establishment. (‘70 Code, § 2.2.10.3)
Penalty, see § 115.99
§ 115.03 APPLICATION; ISSUANCE.
All applications for a license to conduct a business connected with the storage, handling, sale, or preparation of food or drink intended for human consumption shall be referred to the Health Inspector, who shall make or cause to be made an investigation of the premises to be used, and report his finding thereon, recommending or advising against the issuance of the license.
(‘70 Code, § 2.2.10.8)
Food and Milk Dealers 43
§ 115.04 ADDITIONAL LICENSE.
Any person, firm, or corporation licensed to sell any of the foods or beverages for the sale of which a license is required by the terms of this section, may conduct on the same premises and in connection with the licensed business any other business mentioned in this subchapter without paying any additional fee; provided that the fee paid for the licensed business is at least as great in amount as the fee required for the other business so conducted. But this section shall not be so construed as to relieve any such applicant from the regulatory requirement to such business.
(‘70 Code, § 2.2.10.9)
§ 115.05 SALE OR STORAGE OF UNWHOLESOME FOOD.
(A) No person, firm, or corporation shall offer for sale or keep for the purpose of selling or offering for sale, any food of any kind intended for human consumption which is spoiled or tainted or is unwholesome and unfit for human consumption for any reason.
(B) All tainted or unwholesome food intended for human consumption may be condemned by the Board of Health, and shall thereupon be seized and destroyed by the Health Inspector or any police officer.
(‘70 Code, § 2.2.10.5) Penalty, see § 115.99
§ 115.06 ADULTERATION OF FOOD OR DRINK BY HARMFUL MATERIALS.
It shall be unlawful to sell, or offer for sale, or keep for such purpose, any food or drink intended for human consumption which has been adulterated by any material harmful in any way, or which does not comply with the statutes governing the same.
(‘70 Code, § 2.2.10.6) Penalty, see § 115.99
§ 115.07 PREMISES TO BE KEPT IN CLEAN AND SANITARY CONDITION.
(A) Premises used for the sale or storage of food intended for human consumption must be kept in a clean and sanitary condition. It shall be unlawful to permit any accumulation of refuse or waste of any kind to remain therein for more than 24 hours, and it shall be unlawful to permit any decaying animal or plant material to remain on such premises. No dogs, cats, or other animals shall be permitted on such premises. (‘70 Code, § 2.2.10.7)
(B) Premises used for the storage, preparation, or sale of food intended for human consumption shall be kept free from flies, vermin, and rodents (‘70 Code, § 2.2.10.10)
Penalty, see § 115.99
§ 115.08 EMPLOYEES TO KEEP CLEAN; CONTAGIOUS DISEASES.
(A) All persons engaged in handling or coming in contact with food intended for sale for human consumption shall keep themselves clean, both as to person and clothing.
(B) It shall be unlawful for any person who is afflicted with, or a carrier of, any infectious or contagious disease to handle or be engaged in the care of or preparation of any such food; and it
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shall be unlawful to permit any such person to be employed in or about any premises where food is stored, prepared, or sold, or to deliver such food.
(‘70 Code, § 2.2.10.11) Penalty, see § 115.99
§ 115.09 REVOCATION.
Any food dealer’s license may be revoked by the Village President and Board of Trustees for repeated violation of the provisions of this subchapter, or for any violation of any other ordinance provision, relating to the conduct of the business, the condition of the premises, the article sold, or to the license required.
(‘70 Code, § 2.2.10.4)
MILK DEALERS
§ 115.20 LICENSE REQUIRED; FEE.
(A) It shall be unlawful to engage in the sale or distribution of milk or cream in the village without having first obtained a license. (‘70 Code, § 2.2.11.1)
(B) The annual fee for such licenses shall be $25. (‘70 Code, § 2.2.11.3)
Penalty, see § 115.99
§ 115.21 APPLICATION.
Applications for such licenses shall comply with the general regulations governing such applications, and shall state, in addition to the other information required, the source of supply of the milk to be sold, and the ownership of the cattle from whom the milk is produced.
(‘70 Code, § 2.2.11.2)
§ 115.22 CONFORMANCE TO STATE STANDARDS.
(A) Milk, as the term is used herein, shall mean the whole, fresh, clean lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept clean, excluding that obtained within 15 days before and five days after calving, or such longer period as may be required to render the milk practically colostrum free, and shall contain not less than 3% of milk fat; and not less than 8-1/2% of milk solids not fat. No milk not conforming to this section shall be sold or offered for sale in the village.
(B) All skim milk, buttermilk, and cream shall conform to the standards fixed in the state dairy statute, and the sale or offering for sale of any milk or milk products not in conformity with this law is prohibited.
(‘70 Code, § 2.2.11.4) Penalty, see § 115.99
Food and Milk Dealers 45
§ 115.23 MILK TO COME FROM ANIMALS UNDER STATE OR FEDERAL SUPERVISION; BACTERIAL RATING.
All milk offered for sale or sold must come from animals under state and federal supervision and proven free from all contagious and infectious diseases within six months from the time such milk was produced and shall contain not more than 50,000 bacteria per cubic centimeter and no pathogenic bacteria, and shall be produced under the following conditions:
(A) All persons living upon farms where milk is produced, employed thereon or coming in contact with milk in dairies or other places shall be free from contagious or infectious diseases and shall not have been exposed to anyone having such diseases within a period of one week prior to the exercise of such duties.
(B) No person who is a paratyphoid, typhoid, diphtheria, or septic sore throat carrier shall be employed in the production or handling of such milk.
(C) It shall be the duty of every person, firm, or corporation with a knowledge of the facts to notify the Health Inspector or other legally constituted authority at once of the occurrence of any of the above afflictions in persons living or employed in or about a place where milk is produced, handled, or sold. Milk and milk derivatives that have been exposed shall not be shipped into or sold or offered for sale in the village.
(‘70 Code, § 2.2.11.8) Penalty, see § 115.99
§ 115.24 DAIRIES.
Every building, room, or basement enclosure or premises occupied or used as a dairy or milk depot shall be properly and adequately lighted, drained, and ventilated; and shall have adequate plumbing facilities. It shall be unlawful to employ in such place any person afflicted with a contagious disease or one who may carry the germs of such a disease.
(‘70 Code, §2.2.11.9)
§ 115.25 PASTEURIZATION REQUIRED.
It shall be unlawful to sell, or offer for sale for human consumption any milk or milk products which has not been produced and pasteurized in the manner required by statute.
(‘70 Code, § 2.2.11.11) Penalty, see § 115.99
§ 115.26 GRADE A MILK.
It shall be unlawful to offer for the sale any milk labeled “Grade A” Milk unless the same has been produced and transported in compliance with the statutes of the state relating thereto.
(‘70 Code, § 2.2.11.10) Penalty, see § 115.99
§ 115.27 PERCENTAGES OF BUTTERFAT IN CREAM; SALE OF CREAM.
No cream shall be sold, offered for sale, exchanged, or delivered or kept for the purpose of sale that contains less than 18% of milk fat, or that is obtained from any impure, diseased, adulterated, or
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unwholesome milk, or from milk to which any foreign substance has been added, or from milk containing less than 3% of butterfat or from cows fed on refuse, slop, mash, or food which has been subjected to fermentation, or any food other than good wholesome food.
(‘70 Code, § 2.2.11.5) Penalty, see § 115.99
§ 115.28 ARTIFICIAL PRESERVATIVE.
It shall be unlawful to sell any milk or cream containing any artificial preservative, or to which water or any foreign substance has been added.
(‘70 Code, § 2.2.11.7) Penalty, see § 115.99
§ 115.29 CONTAINERS.
No milk except skimmed milk, buttermilk, or sour milk shall be peddled or sold at retail in quantities of less than one gallon except in containers bearing the true name of the article, the name and address of the producer, dealer, or distributor and the net volume of the contents in accordance with the Illinois Dairy Statute; and no person shall sell milk or cream in any bottle or container other than those bearing the seller’s name or to which he has acquired title as required by law. Such containers shall be thoroughly clean prior to filling and immediately upon emptying said containers.
(‘70 Code, § 2.2.11.6) Penalty, see § 115.99
§ 115.30 TRANSPORTATION, DELIVERY OF MILK.
Every vehicle used for the delivery of milk or cream to the consumer shall have marked plainly thereon the name of the vendor of such milk with his address. All such vehicles shall be kept in a clean and sanitary manner and condition.
(‘70 Code, § 2.2.11.13) Penalty, see § 115.99
§ 115.31 DELIVERIES TO QUARANTINED PREMISES.
(A) Milk may be delivered to quarantined premises, provided that there is no contact of any kind between the inmates and contents of the quarantined premises and the delivery agent.
(B) No milk receptacles shall be taken from such premises during the period of quarantine; and before being taken away for use, such receptacles shall be thoroughly sealed and sterilized.
(‘70 Code, § 2.2.11.12) Penalty, see § 115.99
§ 115.32 INSPECTIONS.
The Health Inspector shall conduct periodic inspections of all milk distribution plants, dairies, vehicles, and equipment used in the sale or distribution of milk as well as of the milk itself. Such inspections shall be made ever quarter and as much oftener as the said Health Inspector deems necessary. The Inspector may in his discretion, in lieu of inspection, accept the certificate of inspection of any other city or village having equal or more rigid requirements than provided by this subchapter. The licensees shall pay the cost of all bacteriological inspections and tests necessary.
(‘70 Code, § 2.2.11.14)
Food and Milk Dealers 47
§ 115.99 PENALTY.
Any person, firm, or corporation violating any provision of this chapter shall be fined not less than $25 nor more than $750 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(‘70 Code, §2.2.10.13) (Am. Ord. 95-26, passed 11-20-95)
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CHAPTER 116: HOME OCCUPATIONS
Section
116.01 Permit required; fee
116.02 Applications
116.03 Investigation; issuance of permit
116.04 Renewal of permit
116.99 Penalty
§ 116.01 PERMIT REQUIRED; FEE.
(A) It shall be unlawful for any person to operate a home occupation as defined in Section 4.02 of the Ordinance 77-08, entitled Comprehensive Revision of Zoning Ordinance of the Village of Peotone as adopted by reference in Chapter 157, without first having obtained a permit therefor as herein required.
(B) No fees shall be charged for a permit to operate a home occupation in accordance with the provisions of the Zoning Ordinance.
(Ord. 83-04, passed 10-10-83) Penalty, see § 116.99
§ 116.02 APPLICATIONS.
Applications for permits shall be in accordance with the general provisions of this chapter; and on the filing of an application, the Village Clerk shall refer the application to the Zoning Administrator of the village, who shall investigate the application and the home occupation to determine whether said home occupation conforms with the ordinances of the village. The initial application shall be made during the month of January.
(Ord. 83-04, passed 10-10-83)
§ 116.03 INVESTIGATION; ISSUANCE OF PERMIT.
Within ten days from the date of the application, the Zoning Inspector shall make an investigation and inform the Village Clerk whether or not the permit for home occupations should be issued.
(Ord. 83-04, passed 10-10-83)
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§ 116.04 RENEWAL OF PERMIT.
All permits for operating a home occupation shall be renewed annually during the month of
January of each year by application to the Village Clerk.
(Ord. 83-04, passed 10-10-83)
§ 116.99 PENALTY.
(A) Penalty. Whosoever violates or fails to comply with any of the provisions of this chapter shall be guilty of an offense and fined not less than $100 nor more than $750. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues. Except when fines and costs are paid by compromise payment as provided in division (B) below prior to court, the Circuit Clerk shall add to the fine any and all costs and fees upon an authorized disposition.
(B) Compromise payment. In the event the Peotone Police, the Village Code Enforcement Officer or other designee of the village elect to charge any individual under a compromise citation as set forth hereinafter, any such person accused of a violation of this chapter and originally charged under this section may settle and compromise the claim without a court appearance by payment of one-half of the minimum required fine to the Village Clerk of the Village Hall within ten business days of the date of the violation if the compromise box designation is so checked on the Complaint and Notice to Appear form.
(Ord. 83-04, passed 10-10-83; Am. Ord. 95-26, passed 11-20-95; Am. Ord. 06-08, passed 7-24-06)
2007 S-12
CHAPTER 117: PEDDLERS AND SOLICITORS; CANVASSERS
Section
Peddlers and Itinerant Merchants
117.01 Definitions
117.02 License required; fees
117.03 Application
117.04 Action on application; investigation; approval or rejection
117.05 Wearing of badge; inscription; exhibiting license
117.06 Transfer of license
117.07 Revocation; notice; hearing
117.08 Appeals; hearing
117.09 Notice to prevent entry upon premises; form
117.10 False representation of wares
117.11 Crying wares upon streets; sound devices
117.12 Restrictions on use of streets
117.13 Sunday sales
117.14 Exemptions
Canvassers and Solicitors
117.25 Registration statement and permit required; canvasser/solicitor
117.26 Issuance of permit
117.27 Investigation of applicant; action on permit
117.28 Hours of operation; limitations
117.29 Exemptions
Street Solicitation of Funds
117.45 Application of regulations; street solicitation of funds
117.46 Permit required
117.47 Application for permit
117.48 Liability insurance
117.49 Execution of waivers
117.50 Prerequisites for permit to be met; referral
117.51 Use of streets that are for vehicular traffic prohibited; grounds for refusal of subsequent permit
117.52 Exemption of charitable groups
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Tag Days
117.60 Permit required
117.61 Application
117.99 Penalty
PEDDLERS AND ITINERANT MERCHANTS
§ 117.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSER or SOLICITOR. Any individual, whether a resident of the village or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street taking, or attempting to take, polls, surveys, orders, sales, or subscriptions for goods, wares, merchandise, including magazines, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries, or exposes for sale, a sample of the subject of the sale or whether he or she is collecting advance payment for the sales or not. This definition shall include any person who for himself, herself, or another person hires, leases, uses, or occupies any building, structure, tent, railroad car, boat, hotel room, lodging house, apartment house, shop, or any other place within the village for the sole purpose of exhibiting samples and taking orders for future delivery.
CHARITABLE ORGANIZATION. Any patriotic, philanthropic, social service, welfare, athletic, political, benevolent, education, civic, or fraternal organization which was organized and exists as a not for profit entity.
ITINERANT MERCHANTS and TRANSIENT VENDORS. All persons, principals, agents, or employees who engage in a temporary or transient business in the village, either in one locality or traveling from place to place within the village to sell goods, wares, and merchandise, whether or not the persons, for the purpose of carrying on the business, hire, lease, or occupy any building or structure, room, place, space, vacant lot, railroad boxcar, boat, vessel, or vehicle of any kind for the exhibition and sale of goods, wares, and merchandise. The terms shall also include all persons, principals, agents, or employees who transiently or temporarily engage in the business of assembling and trucking or assembling and transporting in any manner whatsoever any goods, wares, or merchandise for the purpose of selling and delivering the same in wholesale lots or quantities and at wholesale prices to any retail dealer. However, this does not apply to any person selling goods, wares, or merchandise which are raised, produced, or manufactured by him or her, to any person selling vegetables, fruit, or perishable farm products at an established city or village market, to any person operating a store or refreshment stand at a resort, to any person operating a stand or booth on or adjacent to property owned by him or her or upon which he or she resides, to any person operating a stand or booth at a state or county fair, any school sponsored event, any event approved by the village, or to any person operating a stand or booth at a trade show, exposition, convention, or similar event.
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LICENSEE. Any permit or license holder under this chapter.
PEDDLER. Any person, whether a resident of the village or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, house to house, or street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden trucks, farm products, or provisions, and offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and further provided that one who solicits orders and as a separate transaction makes delivery to purchasers as a part of the scheme or design to evade the provisions of this chapter shall be deemed a PEDDLER subject to the provisions of this chapter. The word PEDDLER shall include the words HAWKER and HUCKSTER.
TAG DAYS. A day or days upon which a charitable organization may solicit contributions in the village at locations other than on public ways by means of distributing emblems, flowers, edible items, or tags to persons who make a contribution to the charitable organization.
TEMPORARY or TRANSIENT. Any business transacted or conducted for which definite arrangements have not been made to remain in the village conducting and transacting the business for at least 30 consecutive days.
(Ord. 08-26, passed 3-23-09)
§ 117.02 LICENSE REQUIRED; FEES.
(A) License. No person shall engage in, operate, or conduct the business of a peddler, itinerant merchant, canvasser, solicitor, or transient vendor or merchant in the village without first obtaining a license.
(B) License fee; determination; combination license fee. The non-refundable fee for a license required by this chapter shall be a sum equivalent to $50 for the first person licensed, and $35 for each additional person licensed, provided, however, that no fee shall be charged to a charitable organization. Fee is payable at time of application.
(C) Term of license. Each license shall be valid for a term of three consecutive days provided however that a license(s) may be granted to solicit for television, internet, phone and related services for up to three consecutive periods of 30 consecutive days each, each 30-day period to require and constitute a separate license. Except as provided above, no more than one license shall be issued to any individual per calendar year. No business entity shall conduct activity under this chapter more than once per year. Charitable organizations are not limited to one event per year.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-13, passed 9-14-15) Penalty, see § 117.99
§ 117.03 APPLICATION.
Applicants for a license required by this chapter must file with the Village Clerk a sworn written application on forms to be furnished by the Village Clerk, which shall give the following information.
(A) The name, physical description, and social security number of the applicant.
(B) The permanent and local address of the applicant.
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(C) A brief description of the nature of the business or activity, and a description of the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant.
(D) If the applicant is employed, the name and address of his or her employer, together with credentials establishing the exact relationship; and if the employer is a corporation, the name and address of the local registered agent and the employee’s immediate supervisor.
(E) The three consecutive dates or 30 consecutive days for which the right to do business is desired (must be at least ten business days from date of application).
(F) If a vehicle is to be used, a description of the vehicle, including make, model and year, together with the current license number.
(G) A photograph of the applicant taken within 120 days immediately prior to the date of filing of the application; the picture shall be at least two inches square showing the head and shoulders of the applicant in a clear and distinguishing manner.
(H) The fingerprints of the applicant.
(I) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance; the nature of the offense and the punishment or penalty assessed therefor.
(J) Any other available evidence as to the good character and business responsibility as will enable an investigator to properly evaluate the applicant’s character and business responsibility.
(K) Such additional information as the Chief of Police may deem necessary to process the application.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-13, passed 9-14-15)
§ 117.04 ACTION ON APPLICATION; INVESTIGATION; APPROVAL OR REJECTION.
(A) Upon receipt of the application required by this chapter, the original shall be referred to the Chief of Police who shall cause an investigation of the applicant’s business and moral character to be made.
(B) If the investigation reveals the applicant’s character or business responsibility to be unsatisfactory, the Chief of Police shall endorse on the application his or her disapproval and his or her reasons, returning the application to the Village Clerk, who shall notify the applicant that the application is disapproved and that no license will be issued.
(C) If the investigation reveals the character and business responsibility of the applicant to be satisfactory and the Chief of Police so notes on the application or, if the Chief of Police fails to make a return of the application within ten business days, the Village Clerk shall, upon payment of the prescribed license fee, deliver to the applicant the license applied for in this chapter.
(Ord. 08-26, passed 3-23-09)
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§ 117.05 WEARING OF BADGE; INSCRIPTION; EXHIBITING LICENSE.
(A) Each licensee under this chapter shall be issued and shall wear conspicuously the license card issued by the Village Clerk.
(B) Licensees are required to exhibit their license card at all times when working.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.06 TRANSFER OF LICENSE.
No license, permit, or badge issued under the provisions of this chapter shall be worn or used at any time by any person other than the person to whom it was issued. Licenses and permits are not transferable.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.07 REVOCATION; NOTICE; HEARING.
(A) Licenses and permits issued pursuant to the provisions of this chapter may be revoked by the Village President after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation, or a false statement contained in the application for the license or permit;
(2) Fraud, misrepresentation, or a false statement made in the course of carrying on the licensee’s business as a peddler or solicitor;
(3) Any violation of this chapter, any other provision of this code, or other ordinance of the city by the licensee or permit holder;
(4) Conviction of the licensee or permit holder of any crime or misdemeanor involving moral turpitude; and
(5) Conducting the business of peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(B) Notice of a hearing for the revocation of the license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. The notice shall be mailed, postage prepaid, to the licensee or permit holder at his or her last known address at least five days prior to the date set for the hearing.
(Ord. 08-26, passed 3-23-09)
§ 117.08 APPEALS; HEARING.
(A) Any person aggrieved by the act of the Chief of Police or the Village Clerk in the denial of a license or permit required by this chapter or in the decision of the Village President with reference to the revocation of the license or permit, shall have the right to appeal to the Village Board of Trustees.
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(B) The appeal shall be taken by filing with the Village Board of Trustees, within 14 days after notice of the action complained of has been mailed to the applicant’s, licensee’s, or permit holder’s last known address, a written statement setting forth fully the adverse ruling. The Village Board of Trustees shall set a time and place for a hearing on the appeal and a written notice of the hearing, setting forth the time and place of the hearing shall be given to the appellant five days before the day set for the hearing. The decision and order of the Village Board of Trustees on the appeal shall be final and conclusive.
(Ord. 08-26, passed 3-23-09)
§ 117.09 NOTICE TO PREVENT ENTRY UPON PREMISES; FORM.
Any resident of the village who wishes to exclude peddlers or solicitors from premises occupied by him or her may place upon or near the usual entrance to the premises a printed placard or sign bearing the following notice: "Peddlers Prohibited" or "No Solicitors". The placard shall be at least 3-3/4 inches long and 3–3/4 inches wide and the printing shall not be smaller than 48 point type. No peddler/solicitor shall enter in or upon any premises or attempt to enter in or upon any premises where the placard or sign is placed and maintained.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-13, passed 9-14-15) Penalty, see § 117.99
§ 117.10 FALSE REPRESENTATION OF WARES.
No licensee pursuant to this chapter shall make any false representation as to the character, quality, or nature of his or her wares either for the purpose of obtaining a license or for the purpose of inducing the purchase.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.11 CRYING WARES UPON STREETS; SOUND DEVICES.
No licensee pursuant to this chapter shall cry his or her wares upon the street; nor shall he or she employ any device for the emanation of sound to attract attention to his or her wares upon the streets of the village.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.12 RESTRICTIONS ON USE OF STREETS.
No peddler shall have any exclusive right to any location on a public street; nor shall any peddler be permitted a stationary location; nor shall he or she be permitted to operate in any congested area where his or her operations might impede or inconvenience the public.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.13 SUNDAY SALES.
No licensee under this chapter shall engage in any of the occupations subject to this chapter on Sundays.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
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§ 117.14 EXEMPTIONS.
The provisions of §§ 117.02 through 117.13 shall not apply to news or magazine vendors; nor shall they apply to sellers of tickets for religious, educational, or charitable entertainments to be held within the village.
(Ord. 08-26, passed 3-23-09)
CANVASSERS AND SOLICITORS
§ 117.25 REGISTRATION STATEMENT AND PERMIT REQUIRED; CANVASSER/SOLICITOR.
(A) No person shall call at any residence in the village, without the previous consent of the occupant, for the purpose of conducting polls or surveys, soliciting orders, sales, subscriptions, or business of any kind or seeking information or donations unless the person calling first files with the Chief of Police a registration statement and procures from him or her a registration permit.
(B) Applicants for a permit required by this chapter shall file with the Chief of Police a sworn statement containing the same information required in § 117.03.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.26 ISSUANCE OF PERMIT.
No permit required by this subchapter shall be issued until five calendar days after application therefor is made to the Chief of Police.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.27 INVESTIGATION OF APPLICANT; ACTION ON PERMIT.
Immediately upon receipt of the registration required by this subchapter, the Chief of Police shall cause an investigation to be made of the registrant’s criminal record, if any. If the investigation reveals that the applicant has ever been convicted of a felony, then the Chief of Police shall refuse to issue the permit requested, specifying the reason therefor in writing. If this investigation reveals that the applicant has not been convicted of any felony, then the Chief of Police or Village Clerk shall issue the permit requested at the expiration of the ten-business day period.
(Ord. 08-26, passed 3-23-09)
§ 117.28 HOURS OF OPERATION; LIMITATIONS.
(A) There shall be no canvassing or solicitation in the village between the hours of 7:00 p.m. and 10:00 a.m., nor shall there be any solicitation or canvassing on Sunday at any time; the Village Board of Trustees may exempt charitable organizations and persons soliciting on their behalf from the prohibition against soliciting on Sunday.
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(B) Persons granted permits pursuant to this chapter shall not make a nuisance of themselves with any citizen or resident of the village in attempting to obtain orders or subscriptions for their merchandise or publications.
(C) This section shall not be construed to prohibit persons from keeping appointments previously made with residents of the village during the time prohibited by this section.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.29 EXEMPTIONS.
The provisions of §§ 117.25 through 117.29 shall not apply to the following persons:
(A) Officers or employees of the village, county, state, or federal government, when on official business;
(B) Solicitations on behalf of insurance companies; and
(C) Solicitations for regularly published newspapers.
(Ord. 08-26, passed 3-23-09)
Cross-reference:
Religious groups exempted from street solicitation provisions, see § 117.53
STREET SOLICITATION OF FUNDS
§ 117.45 APPLICATION OF REGULATIONS; STREET SOLICITATION OF FUNDS.
The provisions of this chapter, except for the provisions of §§ 117.48 and 117.49 relating to waivers and insurance, apply equally to solicitations which are made door-to-door in residential or multi-family residential areas of the village.
(Ord. 08-26, passed 3-23-09)
§ 117.46 PERMIT REQUIRED.
It shall be unlawful for any person to conduct tag days or to solicit either in person or by agent, upon the public streets, sidewalks, or any other public place in the village, subscriptions for charitable, educational, or other organizations or purposes, whether presents, gifts of money, or promises are sought, without having first secured a permit and paid the fee as set by the Village Board.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
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§ 117.47 APPLICATION FOR PERMIT.
Applications for permits required by this chapter shall be made to the Village Clerk. The application must be signed by the President or other chief officer of the applying organization.
(Ord. 08-26, passed 3-23-09)
§ 117.48 LIABILITY INSURANCE.
In addition to the waiver required by § 117.49, the application shall have attached to it proof of liability insurance of $100,000 for each person injured, $300,000 aggregate per accident, and $100,000 for property damages for each accident. This insurance will name the village as a coinsured with the group which is applying for a soliciting permit. The purpose of the insurance is to protect solicitors and citizens against losses by injuries caused by a solicitor who is soliciting for a group for which a permit has been granted by the village.
(Ord. 08-26, passed 3-23-09)
§ 117.49 EXECUTION OF WAIVERS.
(A) Before the Village Clerk shall act on an application for a permit required by this chapter, the applicant shall submit a waiver of all claims for damages against the city arising out of injuries which may be incurred as a result of the solicitation effort.
(B) The waiver must be signed by all persons who will be actively soliciting for the applicant. If any of the proposed solicitors are minors, the waiver must be signed by both parents if living or a legally appointed guardian of the minor, stating the full name of the minor they are signing for.
(C) Solicitors whose signatures do not appear on a waiver form do not have the permission of the village to engage in solicitation on the village streets.
(Ord. 08-26, passed 3-23-09)
§ 117.50 PREREQUISITES FOR PERMIT TO BE MET; REFERRAL.
The Village Clerk shall ascertain whether the requirements contained in this chapter as prerequisites to the issuance of a permit have been complied with by the group applying for a soliciting permit. If the Village Clerk finds that the application does comply with the requirements established, he or she will, upon payment of the appropriate fee, issue the permit.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-05, passed 5-11-15)
§ 117.51 USE OF STREETS THAT ARE FOR VEHICULAR TRAFFIC PROHIBITED; GROUNDS FOR REFUSAL OF SUBSEQUENT PERMIT.
No organization shall be permitted to solicit funds on that portion of the village streets that are used for vehicular traffic; and if an organization violates this section, it shall not be permitted to solicit funds the succeeding year.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-05, passed 5-11-15) Penalty, see § 117.99
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§ 117.52 EXEMPTION OF CHARITABLE GROUPS.
All charitable organizations of any and every kind are hereby specifically exempted from the provisions of this chapter except for § 117.50 which does apply to religious organizations; such organizations may solicit in public places without the permission of the village; however, this section shall not constitute approval by the village of the solicitations.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-05, passed 5-11-15)
TAG DAYS
§ 117.60 PERMIT REQUIRED.
It shall be unlawful for any person, firm, or corporation to go from house to house soliciting funds or subscriptions from the public or to publicly solicit either in person or by agent, upon the public streets, sidewalks, or any other public place in the village, subscriptions for charitable, religious, educational, or other organizations or purposes, whether presents, gifts, money, or promises are sought, without having first secured a permit.
(Ord. 08-26, passed 3-23-09) Penalty, see § 117.99
§ 117.61 APPLICATION.
Applications for the permits shall be made to the Village Clerk. If the requirements contained in this chapter as prerequisites to the issuance of a permit have been complied with by the applicant, the Clerk shall issue the permit.
(Ord. 08-26, passed 3-23-09; Am. Ord. 15-05, passed 5-11-15)
§ 117.99 PENALTY.
(A) Penalty. Whosoever violates or fails to comply with any of the provisions of this chapter shall be guilty of an offense and fined not less than $100 nor more than $750. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues. Except when fines and costs are paid by compromise payment as provided in division (B) below prior to court, the Circuit Clerk shall add to the fine any and all costs and fees upon an authorized disposition.
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(B) Compromise payment. In the event the Peotone Police, the Village Code Enforcement Officer, or other designee of the village elect to charge any individual under a compromise citation as set forth hereinafter, any such person accused of a violation of this chapter and originally charged under this section may settle and compromise the claim without a court appearance by payment of one-half of the minimum required fine to the Village Clerk of the Village Hall within ten business days of the date of the violation if the compromise box designation is so checked on the “Complaint and Notice to Appear” form.
(Ord. 08-26, passed 3-23-09)
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CHAPTER 118: SALES; AUCTIONS; JUNK DEALERS
Section
General Provisions
118.01 Distinction between wholesaler and retailer
Auctioneers; Auctions
118.15 License required; fee
118.16 Auctions to be conducted in orderly manner
118.17 Fraudulent statements concerning goods or articles being sold
118.18 Inspections of articles to be auctioned
Junk Dealers
118.30 License required; fee
118.31 Applications
118.32 Stolen goods
118.33 Vehicles
118.99 Penalty
GENERAL PROVISIONS
§ 118.01 DISTINCTION BETWEEN WHOLESALER AND RETAILER.
In all cases where the words wholesale or wholesale dealer, unless otherwise specifically defined, the sale of goods, merchandise, articles, or things in quantity to persons who purchase for the purpose of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.
(‘70 Code, § 13.3)
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AUCTIONEERS; AUCTIONS
§ 118.15 LICENSE REQUIRED; FEE.
(A) It shall be unlawful for any person, firm, or corporation to engage in the business of auctioneer, or to hold auctions in the village, without having first obtained a permit. (‘70 Code, § 2.2.2.1)
(B) The fees for engaging in the business of auctioneer shall be $5 for an annual license; and the fee for holding a single auction by one not having an annual license shall be $1 per day. (‘70 Code, § 2.2.2.2)
Penalty, see § 118.99
§ 118.16 AUCTIONS TO BE CONDUCTED IN ORDERLY MANNER.
All auctions shall be conducted in an orderly manner; and it shall be unlawful to create or permit any disturbance or disorderly conduct at any auction.
(‘70 Code, § 2.2.2.3) Penalty, see § 118.99
§ 118.17 FRAUDULENT STATEMENTS CONCERNING GOODS OR ARTICLES BEING SOLD.
It shall be unlawful for any person selling goods at auction to make any fraudulent statements concerning the goods or article being sold.
(‘70 Code, § 2.2.2.4) Penalty, see § 118.99
§ 118.18 INSPECTIONS OF ARTICLES TO BE AUCTIONED.
Every article offered for sale at a public auction shall be open to inspection of any person wishing to purchase it at some time before making the bid or during the bidding.
(‘70 Code, § 2.2.2.5) Penalty, see § 118.99
JUNK DEALERS
§ 118.30 LICENSE REQUIRED; FEE.
(A) It shall be lawful to operate or carry on the business of junk dealer or to keep any junk shop, store, yard, or place for the purpose or sale of junk, rags, old rope, paper or bagging, old iron, brass, copper, or empty bottles, or junk cars, without having obtained a license therefor as is provided in this subchapter. (‘70 Code, § 2.2.12.1)
(B) The fee to be paid for such licenses shall be $50 for an annual license. (‘70 Code, § 2.2.12.4)
Penalty, see § 118.99
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§ 118.31 APPLICATIONS.
Applications for such licenses shall be made in conformance with the provisions of § 110.01 relating to licenses.
(‘70 Code, § 2.2.12.3)
§ 118.32 STOLEN GOODS.
Every keeper of a junk shop or yard who shall be in possession of or receive any goods, article, or things of value which may have been lost or stolen, shall upon demand, produce such articles or thing to any member of the Police Department for examination.
(‘70 Code, § 2.2.12.5) Penalty, see § 118.99
§ 118.33 VEHICLES.
Every vehicle used by a junk dealer in the conduct of his business shall bear thereon in legible characters the name and address of the owner and proprietor thereof.
(‘70 Code, § 2.2.12.6) Penalty, see § 118.99
§ 118.99 PENALTY.
(A) Penalty. Whosoever violates or fails to comply with any of the provisions of this chapter shall be guilty of an offense and fined not less than $100 nor more than $750. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues. Except when fines and costs are paid by compromise payment as provided in division (B) below prior to court, the Circuit Clerk shall add to the fine any and all costs and fees upon an authorized disposition.
(B) Compromise payment. In the event the Peotone Police, the Village Code Enforcement Officer or other designee of the village elect to charge any individual under a compromise citation as set forth hereinafter, any such person accused of a violation of this chapter and originally charged under this section may settle and compromise the claim without a court appearance by payment of one-half of the minimum required fine to the Village Clerk of the Village Hall within ten business days of the date of the violation if the compromise box designation is so checked on the Complaint and Notice to Appear form.
(Am. Ord. 95-26, passed 11-20-95; Am. Ord. 06-08, passed 7-24-06)
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CHAPTER 119: COMPREHENSIVE REGULATION OF TOBACCO PRODUCTS
Section
119.01 Legislative findings
119.02 Definitions
119.03 License required
119.04 License application
119.05 License fee; expiration
119.06 Prohibited sales, delivery; signs
119.07 Minimum age to sell tobacco products
119.08 Purchase by minors prohibited
119.09 Possession by minors prohibited
119.10 Proximity to certain institutions
119.11 Certain free distributions prohibited
119.12 Vending machines; locking devices
119.13 Sale of individual cigarettes
119.14 Responsibility for agents and employees
119.15 Suspension; revocation of license; fines, costs
119.16 Use of premises after revocation
119.99 Penalty
§ 119.01 LEGISLATIVE FINDINGS.
(A) The President and Village Board of Trustees expressly find and declare that cigarette smoking is dangerous to human health; and
(B) There exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders; and
(C) The Surgeon General of the United States has declared that nicotine addiction from tobacco is similar to addiction to cocaine, and is the most widespread example of drug dependence in this country; and
(D) The Director of the National Institute on Drug Abuse concluded that the majority of the 320,000 Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent; and
(E) The National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use; and
(F) The present legislative scheme of prohibiting sales of tobacco products to persons under the age of 18 has proven ineffective in preventing such persons from using tobacco products; and
(G) The establishment of the regulations embodied in this Chapter 119 directly pertains to and is in furtherance of the health, welfare and safety of the residents of the village, particularly those residents under 18 years of age.
(Ord. 96-29, passed 11-18-96)
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§ 119.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, smokeless tobacco, chewing tobacco or dipping tobacco.
VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
(Ord. 96-29, passed 11-18-96)
§ 119.03 LICENSE REQUIRED.
(A) Commencing January 1, 1997, and thereafter it shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering, tobacco products within the village without having first obtained a tobacco dealer’s license therefor pursuant to this chapter.
(B) Such license shall be in addition to any other license required by the village.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.04 LICENSE APPLICATION.
(A) Application for the license required by this chapter shall be made to the Village Clerk or his or her designee in writing on a form provided for that purpose.
(B) If the applicant is an individual (sole proprietorship), the application shall contain the applicant’s name, residence address and residential telephone number. If the applicant is a partnership or other non-corporate 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. If the applicant is an unincorporated association, the application shall contain the name, residential address and residential telephone number of the spokesman, such as an officer or leader.
(C) Each application also shall contain:
(1) A designation of the type or kind of license desired,
(2) The location or proposed location of the place of business, occupation or activity;
(3) The fee;
(4) The number of the certificate of registration required under the Retailer’s Occupation Tax Act, Service Occupation Tax Act, and/or Use Tax Act, if applicable; and
(5) Such additional information as may be needed for the proper guidance of Village officials in the evaluation of such application, including a statement of whether the application is for a new license or a license renewal and whether the applicant has ever been subject to suspension or revocation of a tobacco license in the village.
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(D) Upon verification of the information contained in the application, the license shall be issued as appropriate.
(Ord. 96-29, passed 11-18-96)
§ 119.05 LICENSE FEE; EXPIRATION.
The license fee for a tobacco dealer’s license shall be $50. Each tobacco dealer’s license shall expire on March 31 of each year.
(Ord. 96-29, passed 11-18-96)
§ 119.06 PROHIBITED SALES, DELIVERY; SIGNS.
(A) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
(B) Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
“THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.”
The text of such signs shall be in red letters on a white background, said letters to be at least one inch high.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.07 MINIMUM AGE TO SELL TOBACCO PRODUCTS.
It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under 18 years of age to sell tobacco products in any licensed premises.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.08 PURCHASE BY MINORS PROHIBITED.
It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.09 POSSESSION BY MINORS PROHIBITED.
It shall be unlawful for any person under the age of 18 years to possess any tobacco products; provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
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§ 119.10 PROXIMITY TO CERTAIN INSTITUTIONS.
It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, child care facility, library or other building used for education or recreational programs for persons under the age of 18 years.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.11 CERTAIN FREE DISTRIBUTIONS PROHIBITED.
It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee’s or person’s business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the village, any school district, or any public library.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.12 VENDING MACHINES; LOCKING DEVICES.
(A) (1) It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of 18 years, except that vending machines delivering tobacco products currently in use in village establishments shall not be required to have locking devices installed if they are placed in a conspicuous location at which they can be monitored by adult employees of the establishment.
(2) Each vending machine delivering tobacco products in use in the village at the time of adoption of this chapter shall, however, be equipped with a manual, electric or electronic locking device as described herein at such time as the machine is remodeled, upgraded or substantially changed or altered.
(B) Any premises where access by persons under the age of 18 years is prohibited by law, or premises where the public is generally not permitted or where vending machines are strictly for the use of employees of the business located at such premises, shall be exempt from the requirements of division (A) above.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.13 SALE OF INDIVIDUAL CIGARETTES.
It shall be unlawful for any licensee to sell or offer for sale, give away, or deliver quantities of cigarettes less than the standard pack of 20 per package.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.14 RESPONSIBILITY FOR AGENTS AND EMPLOYEES.
Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
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§ 119.15 SUSPENSION; REVOCATION OF LICENSE; FINES, COSTS.
(A) The Village President shall be charged with the administration of this chapter. The Village President may suspend or revoke any license issued under the provisions of this chapter if he or she determines that the licensee has violated any of the provisions of this chapter. In lieu of suspension or revocation of a license, the Village President may instead levy a fine on the licensee. The fine imposed shall not exceed $750 for each violation. Each day on which a violation continues shall constitute a separate violation.
(B) However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the Village President with a seven day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven day notice provisions shall begin the day following delivery by certified mail or by personal service.
(C) The Village President shall within seven days after such hearing, if he or she determines after such hearing that a violation has occurred and that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked, and serve a copy of such order within the seven days upon the licensee.
(D) Any licensee determined by the Village President to have violated any of the provisions of this chapter shall pay to the village the costs of the hearing before the Village President on such violation. The Village President shall determine the costs incurred by the village for said hearing, including, but not limited to: court reporters’ fees, the costs of transcripts or records, attorneys’ fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village, or such lesser sum as the Village President may allow.
(E) The licensee shall pay said costs to the village within 30 days of notification of the costs by the Village President. Failure to pay said costs within 30 days of notification is a violation of this chapter and may be cause for license suspension or revocation, or the levy of a fine, without the necessity of a further hearing.
(Ord. 96-29, passed 11-18-96) Penalty, see § 119.99
§ 119.16 USE OF PREMISES AFTER REVOCATION.
When any license shall have been revoked for any cause, no new license shall be granted to said licensee for a period of at least six months thereafter for the conduct of the business of selling tobacco products as defined in § 119.02 in the premises described in such revoked license.
(Ord. 96-29, passed 11-18-96)
§ 119.99 PENALTY.
(A) Violation with respect to sale without license. Each violation with respect to the sale, giving away, delivering or keeping with the intention of selling, giving away or delivering tobacco products within the village without first having obtained a tobacco dealer’s license therefor as provided in this chapter shall be punishable by a fine not to exceed $750. Each violation and each day on which a violation continues shall constitute a separate violation.
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(B) Violation with respect to possession or purchase. Each violation with respect to possession and/or purchase of tobacco products by a person under 18 years of age shall be punishable by a fine of $50 and confiscation of the tobacco product or products. Each violation and each day on which a violation occurs shall constitute a separate violation.
(C) Penalty. Whosoever violates or fails to comply with any of the provisions of this chapter shall be guilty of an offense and fined not less than $100 nor more than $750. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues. Any license issued under this chapter may be revoked for any violation of any provision of this chapter or any ordinance. Except when fines and costs are paid by compromise payment as provided in division (D) below prior to court, the Circuit Clerk shall add to the fine any and all costs and fees upon an authorized disposition.
(D) Compromise payment. In the event the Peotone Police, the Village Code Enforcement Officer or other designee of the village elect to charge any individual under a compromise citation as set forth hereinafter, any such person accused of a violation of this chapter and originally charged under this section may settle and compromise the claim without a court appearance by payment of one-half of the minimum required fine to the Village Clerk of the Village Hall within ten business days of the date of the violation if the compromise box designation is so checked on the Complaint and Notice to Appear form.
(Ord. 96-29, passed 11-18-96; Am. Ord. 06-08, passed 7-24-06)
2007 S-12
CHAPTER 120: HOTEL ACCOMMODATIONS TAX
Section
120.01 Title
120.02 Definitions and construction
120.03 Tax imposed
120.04 Tax borne by lessee
120.05 Collection
120.06 Payment and late charges
120.07 Records
120.08 Suspension or revocation of licenses
120.09 Proceeds
120.99 Penalty
§ 120.01 TITLE.
This chapter shall be known and cited as the Hotel Accommodations Tax Chapter and the tax herein imposed shall be known and cited as the Hotel Accommodations Tax.
(Ord. 97-32, passed 1-5-98)
§ 120.02 DEFINITIONS AND CONSTRUCTION.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
VILLAGE. The Village of Peotone.
TREASURER. The Treasurer of the Village of Peotone.
HOTEL ACCOMMODATIONS. A room or rooms in any building or structure located in the village and kept, used or maintained as or advertised or held out to the public to be an inn, motel, hotel, apartment hotel, lodging house, bed and breakfast lodge or home, dormitory or place where sleeping, rooming, conference or exhibition accommodations are furnished for lease or rent, whether with or without meals, in which ten or more such accommodations are used or maintained for guests, lodgers or roomers. The term HOTEL ACCOMMODATIONS does not include an accommodation which a person occupies, or has the right to occupy, as his domicile and permanent residence.
PERSON. Any natural person, receiver, administrator, executor, conservator, assignee, trust tn perpetuity, trust, estate, firm, general or limited partnership, joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal; for profit, nonprofit or otherwise. Whenever the term PERSON is used in any clause prescribing and imposing a penalty, the term as applied to corporations shall include the officers thereof, and as applied to any other entity, the owners or part-owners thereof.
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(B)In this chapter, unless the context otherwise requires, words in the singular number include the plural and in the plural include the singular; words of the masculine gender include the feminine and the neuter; and when the sense so indicates, words in the neuter gender may refer to any gender.
(Ord. 97-32, passed 1-5-98)
§ 120.03 TAX IMPOSED.
There is hereby imposed and shall accrue, as set forth herein, and be collected a tax, as herein provided, upon the renting, leasing or letting of any hotel accommodations in the village at the rate of five percent of the gross rental or leasing charges and revenues, exclusive of revenues received from food and beverage sales.
(Ord. 97-32, passed 1-5-98)
§ 120.04 TAX BORNE BY LESSEE.
The ultimate incidence of and liability for payment of said tax shall be borne by the user, lessee or tenant of such hotel accommodations. The tax herein levied shall be in addition to any and all other taxes. It shall be the duty of every owner, manager and operator of hotel accommodations to secure said tax from the lessee or tenant of said hotel accommodations and pay over to the Treasurer said tax under rules and regulations prescribed by the Treasurer and as otherwise provided by this chapter.
(Ord. 97-32, passed 1-5-98) Penalty, see § 120.99
§ 120.05 COLLECTION.
The Village Treasurer is hereby designated as the administration and enforcement officer of the tax hereby imposed on behalf of the village. The owner, manager or operator of each hotel accommodations shall bear, jointly and severally, the duty to collect the tax herein levied from each user, lessee or tenant of any hotel accommodations when collecting the price, charge or rent to which it applies. Every lessee or tenant shall be given a bill, invoice, receipt or other statement or memorandum of the price, charge or rent payable upon which the hotel accommodations tax shall be stated, charged and shown separately. The tax shall be paid to the person required to collect it as trustee for and on behalf of the village. The hotel accommodations tax, once collected, shall be paid to the Treasurer on a monthly basis. The tax shall be due on or before the 15th day of the calendar month succeeding the month in which it was imposed.
(Ord. 97-32, passed 1-5-98) Penalty, see § 120.99
§ 120.06 PAYMENT AND LATE CHARGES.
(A) By the 15th day of each calendar month, every owner, manager and operator of hotel accommodations shall file a sworn tax return on a calendar monthly basis with the Treasurer showing tax receipts received with respect to hotel accommodations space used, rented or leased during the preceding monthly period, upon forms prescribed by the Treasurer. At the time of filing said tax return, the owner, manager or operator of hotel accommodations shall pay to the Treasurer all taxes due for the period to which the tax return applies.
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(B) If for any reason any tax is not paid when due, a late charge at the rate of five percent on the amount of tax which remains unpaid shall be added and collected. In addition, in the event of failure by any hotel accommodations owner, manager or operator to collect and pay to the Village Treasurer the tax required hereunder within ten days after the same shall be due, interest shall accumulate and be due from the hotel accommodation owner, manager and/or operator upon said tax and late charge at the rate of 1% per month commencing as of the eleventh day after the tax was due. Whenever any person shall fail to pay any tax as herein provided, or if the owner, operator or manager of any hotel
accommodation falls to collect any such taxes, upon the request of the Treasurer the Village Attorney shall bring or cause to be brought an action to enforce the payment of said tax on behalf of the village in any court of competent jurisdiction with the cost of such enforcement and the payment of said taxes to be borne and reimbursed by the owner, operator and/or manager of the hotel accommodations.
(Ord. 97-32, passed 1-5-98)
§ 120.07 RECORDS.
(A) Every owner, manager or operator of hotel accommodations shall keep accurate and complete books and records showing the prices, rents or charges made or charged and occupancies taxable under this chapter, and any other information required by the Treasurer for the administration of this chapter and the collection of the tax hereby imposed. At a minimum, such records shall include a daily sheet showing:
(1) The number of hotel and motel rooms rented during the 24 hour period, including multiple rentals of the same hotel or motel room when such occurs;
(2) The room rate or charge; and
(3) The actual hotel accommodations tax receipts collected for the date in question.
(B)The Treasurer, or his designee, shall at all reasonable times have full access to said books and records.
(C) During the normal business working hours of any such hotel accommodations, the Village Treasurer, or any person certified by him as his deputy or representative, may enter the premises of any hotel accommodations for the purposes of inspection and examination of its books and records for the proper administration of this chapter, and for the enforcement of the collection of the tax hereby imposed. It is unlawful for any person to prevent, hinder or interfere with the Village Treasurer or his duly authorized deputy or representative in the discharge of his duties hereunder.
(Ord. 97-32, passed 1-5-98) Penalty, see § 120.99
§ 120.08 SUSPENSION OR REVOCATION OF LICENSES.
If the President, after hearing held by or for him, shall find that any person has failed to collect the tax imposed by this chapter, he may suspend or revoke all village licenses, specifically including but not limited to liquor licenses held by said person. The owner, manager or operator of the hotel accommodations shall have an opportunity to be heard on any such suspension or revocation, and such hearing shall not be held less than five days after notice of the time and place of the hearing, addressed
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to the owner, manager and/or operator at his or their last known place of business. In addition to the provisions set forth herein, any applicable suspension or revocation procedures set forth elsewhere in the ordinances and codes of the village shall also apply to the extent they do not conflict with the provisions hereof; provided, however, all other procedural requirements must be met, regardless of conflict herewith, with regard to suspension or revocation of a liquor license. The suspension or revocation of any license shall not release or discharge the owner, manager or operator of hotel accommodations from civil liability for the payment of the tax, interest and late charges, nor for prosecution of such offense.
(Ord. 97-32, passed 1-5-98)
§ 120.09 PROCEEDS.
All proceeds resulting from the imposition of the tax under this chapter, including penalties, shall be distributed within 30 days after the 15th day of the calendar month. The taxes collected shall be used by the village solely to promote tourism and conventions within the village or otherwise to attract nonresident overnight visitors to the village.
(Ord. 97-32, passed 1-5-98)
§ 120.99 PENALTY.
Any person found guilty for violating, disobeying, omitting, neglecting, or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300 for the first offense and not less than $200 nor more than $500 for the second offense, and not less than $500 nor more than $750 for each subsequent offense in any 180-day period, provided, however, that all actions seeking the imposition of fines only shall be filed as quasi- criminal actions subject to the provisions of the Illinois Civil Practice Act (ILCS Ch. 735, §§ 1-101 et seq.). Repeated offenses in excess of three within any 180-day period may also be punishable as a misdemeanor by incarceration for a term not to exceed six months under the provisions set forth in ILCS Ch. 65, Act 5, § 1-2-1.1, and under the provisions of the Illinois Code of Criminal Procedure (ILCS Ch. 725, Act 5, §§ 100-1 et seq.). A separate and distinct offense shall be regarded as committed each day upon which each person shall continue any such violations.
(Ord. 97-32, passed 1-5-98)
1999 S-6
CHAPTER 121: MUNICIPAL UTILITY TAXES
Section
121.01 Tax imposed - gas
121.02 Definitions
121.03 Exceptions
121.04 Collection of taxes
121.05 Books and records
121.06 Credits and refunds
121.07 Tax imposed - Simplified Municipal Telecommunications Tax
121.08 Rebate
121.09 Electric utility tax
121.10 Water utility tax
§ 121.01 TAX IMPOSED - GAS.
(A) Pursuant to ILCS Ch. 65, Act 5, § 8-11-2 and any and all other applicable authority a tax shall be, and hereby is, imposed on all persons engaged in the following occupations or privileges: Persons engaged in the business of distributing, supplying, furnishing or selling gas for use or consumption within the corporate limits of the village, and not for resale, at the rate of 5% of the gross receipts therefrom.
(B) This tax is in addition to all other taxes, fees and other revenue measures imposed by the village, the state or any other political subdivisions of the state.
(Ord. 99-17a, passed 11-15-99; Am. Ord. 02-15, passed 9-16-02)
§ 121.02 DEFINITIONS.
For the purpose of the tax imposed by § 121.01, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GROSS RECEIPTS. The consideration received for distributing, supplying, furnishing or selling of gas for use or consumption and not for resale, as the case may be, and for all services rendered in connection therewith valued in money, whether received in money or otherwise, including cash, credit, services and property of every land and material and for all services reached therewith; and shall be determined without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service cost, or any other expenses whatsoever. GROSS RECEIPTS shall not include any portion of the consideration where such consideration is exempt by statute and/or this chapter.
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PERSON. Any natural, individual, firm, trust, estate, partnership, association, joint stock company, joint venture corporation, limited liability company, municipal corporation, or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court.
PERSON MAINTAINING A PLACE OF BUSINESS IN THIS STATE. Any person having or maintaining within this state, directly or by a subsidiary or other affiliate, an office, generation facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this state under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this state permanently or temporarily or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this state.
VILLAGE. The Village of Peotone.
(Ord. 99-17a, passed 11-15-99; Am. Ord. 02-15, passed 9-16-02)
§ 121.03 EXCEPTIONS.
(A) Notwithstanding any other provision herein, the tax imposed by § 121.01 shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution or Statutes of the United States or the Constitution or Statutes of the State of Illinois.
(B) Any school district or unit of local government lying in whole or in part within the village shall be exempted from the tax imposed in § 121.01.
(Ord. 99-17a, passed 11-15-99; Am. Ord. 02-15, passed 9-16-02)
§ 121.04 COLLECTION OF TAXES.
(A) The tax provided for in § 121.01 shall be, unless collection is excepted until a later date by law, be collected as follows herein.
(1) The tax imposed by § 121.01 shall be based on the gross receipts, as herein defined, actually paid to the person, as herein defined, for services billed on or after the first day of December, 1999. On or before the last day of January, 2000, the person shall make a return to the village for the month of December, 1999 stating:
(a) The company and/or individual’s name;
(b) The principal place of business;
(c) The gross receipts collected during those months upon the basis of which tax is imposed;
(d) The amount of the tax due;
(e) Such other reasonable and related information as the village may require.
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(B) On or before the last day of every month thereafter, a like return shall be made to the Village Clerk for the preceding month.
(C) The return shall be accompanied by the amount of tax herein imposed; provided that an amount based upon total billings during the period for which the return is made (exclusive of any amounts previously billed, may be made with adjustments of later payments based upon any differences between such billings and the taxable gross receipts to follow.
(Ord. 99-17a, passed 11-15-99; Am. Ord. 02-15, passed 9-16-02)
§ 121.05 BOOKS AND RECORDS.
Every person collecting and/or paying the tax imposed by this chapter shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this chapter. The books and records shall be subject to and available for inspection at all times during business hours of the day.
(Ord. 99-17a, passed 11-15-99)
§ 121.06 CREDITS AND REFUNDS.
(A) If it shall appear that an amount of tax has been paid which was not due under the provisions of this chapter, whether as the result of a mistake of fact or an error of law, then such an amount shall be credited against any tax due, or to become due, under this chapter from the person who made the erroneous payment.
(B) Notwithstanding any other provision of this chapter, in order to permit sound fiscal planning and budgeting by the village, no person shall be entitled to a refund of, or credit for, a tax imposed under this chapter unless the person files a claim for refund or credit within one year after the date on which the tax was paid or remitted.
(Ord. 99-17a, passed 11-15-99)
§ 121.07 TAX IMPOSED - SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX.
A Simplified Municipal Telecommunications Tax is hereby imposed upon any and all of the following acts or privileges: The act or privilege of originating in the municipality or receiving in the municipality intrastate and interstate telecommunications by a person at a rate of 6% of the gross charge for such telecommunications purchased at retail from a retailer. The above tax shall be collected by retailers maintaining a place of business in Illinois, shall be remitted by the retailer to the Illinois Department of Revenue, and shall be otherwise administered in compliance with the provisions set forth in the Simplified Municipal Telecommunications Tax Act (P.A. 92-526).
(Ord. 02-15, passed 9-16-02; Am. Ord. 20-20, passed 1-11-21)
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§ 121.08 REBATE.
The village shall, on a quarterly basis, directly rebate to any school district or unit of local government lying in whole or in part within the village, the amount of the Simplified Municipal Telecommunications Tax paid by such school district or unit of local government in the previous quarter collected on behalf of the village by the Illinois Department of Revenue.
(Ord. 02-16, passed 10-7-02)
§ 121.09 ELECTRIC UTILITY TAX.
(A) Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
PERSON. Any natural, individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation, the state or any of its political subdivisions, any state university created by statute, or a receiver, trustee, conservator or other representative appointed by order of any court.
PERSON MAINTAINING A PLACE OF BUSINESS IN THIS STATE. Any person having or maintaining within this state, directly or by a subsidiary or other affiliate, an office, generation facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this state under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this state permanently or temporarily or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this state.
PURCHASE AT RETAIL. Any acquisition of electricity by a purchaser for purposes of use or consumption, and not for resale, but shall not include the use of electricity by a public utility, as defined in § 8-11-2 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-2), directly in the generation, production, transmission, delivery or sale of electricity.
PURCHASER. Any person who uses or consumes, within the corporate limits of the village, electricity acquired in a purchase at retail.
TAX COLLECTOR. The person delivering electricity to the purchaser.
VILLAGE. The Village of Peotone.
(B) Tax imposed. Effective September 1, 2007, pursuant to § 8-11-2 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-2) and any and all other applicable authority, a tax is imposed upon the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the village at the following rates, calculated on a monthly basis for each purchaser:
(1) For the first 2,000 kilowatt-hours used or consumed in a month; 0.574 cents per kilowatt-hour;
(2) For the next 48,000 kilowatt-hours used or consumed in a month; 0.376 cents per kilowatt-hour;
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(3) For the next 50,000 kilowatt-hours used or consumed in a month; 0.339 cents per kilowatt-hour;
(4) For the next 400,000 kilowatt-hours used or consumed in a month; 0.329 cents per kilowatt-hour;
(5) For the next 500,000 kilowatt-hours used or consumed in a month; 0.320 cents per kilowatt-hour;
(6) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.301 cents per kilowatt-hour;
(7) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.296 cents per kilowatt-hour;
(8) For the next 5,000,000 kilowatt-hours used or consumed in a month; 0.292 cents per kilowatt-hour;
(9) For the next 10,000,000 kilowatt-hours used or consumed in a month; 0.287 cents per kilowatt-hour;
(10) For all electricity consumed in excess of 20,000,000 kilowatt-hours in a month; 0.282 cents per kilowatt-hour.
This tax is in addition to all taxes, fees and other revenue measures imposed by the village, the State of Illinois or any other political subdivision of the state.
(C) Exceptions.
(1) Notwithstanding any other provision of this section, the tax shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution or Statutes of the United States or the Constitution or Statutes of the State of Illinois.
(2) Any school district or unit of local government lying in whole or in part within the village shall be exempted from the tax imposed in § 121.09(B).
(D) Collection of taxes.
(1) Subject to the provision of division (F) below regarding the delivery of electricity to resellers, the tax imposed under this section shall be collected from purchasers by the person maintaining a place of business in this state who delivers electricity to such purchasers. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and is recoverable at the same time and in the same manner as the original charge for delivering the electricity.
(2) Any tax required to be collected by this section, and any tax in fact collected, shall constitute a debt owed to the village by the person delivering the electricity, provided, that the person delivering electricity shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax.
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(3) Persons delivering electricity shall collect the tax from the purchaser by adding such tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to such gross charge an amount equal to 3% of the tax they collected to reimburse them for their expenses incurred in keeping records, billing customers, preparing for filing returns, remitting the tax and supplying data to the village upon request. For purposes of this section, any partial payment of a billed amount not specifically identified by the purchaser shall be deemed to be for the delivery of electricity.
(E) Tax remittance and return.
(1) Every tax collector shall on a monthly basis file a return in a form prescribed by the Village Administrator. The return and accompanying remittance shall be due on or before the last day of the month following the month during which the tax is collected.
(2) If the person delivering electricity fails to collect the tax from the purchaser, then the purchaser shall file a return in a form prescribed by the Village Administrator and pay the tax directly to the village on or before the last day of the month following the month during which the electricity is used or consumed.
(F) Resales.
(1) Electricity that is delivered to a person in this village shall be considered to be for use and consumption by that person unless the person receiving the electricity has an active resale number issued by the village and furnishes that number to the person who delivers the electricity, and certifies to that person that the sale is either entirely or partially nontaxable as a sale for resale.
(2) If a person who receives electricity in the village claims to be an authorized reseller of electricity, that person shall apply to the village for a resale number. The applicant shall state facts showing why it is not liable for the tax imposed by this section on any purchases of electricity and shall furnish such additional information as the village may reasonably require.
(3) Upon approval of the application, the village shall assign a resale number to the applicant and shall certify the number to the applicant.
(4) The village may cancel the resale number of any person if the person fails to pay any tax payable under this section for electricity used or consumed by the person, or if the number:
(a) Was obtained through misrepresentation; or
(b) Is no longer necessary because the person has discontinued making resale.
(5) If a reseller has acquired electricity partly for use or consumption and partly for resale, the reseller shall pay the tax imposed by this section directly to the village pursuant to division (E) herein on the amount of electricity that the reseller uses or consumes, and shall collect the tax pursuant to division (D) herein and remit the tax pursuant to division (E) herein on the amount of electricity delivered by the reseller to a purchaser.
(6) Any person who delivers electricity to a reseller having an active resale number and complying with all other conditions of this section shall be excused from collecting and remitting the tax on a portion of the electricity delivered to the reseller, provided that the person reports to the village the total amount of electricity delivered to the reseller, and such other information that the village may reasonably require.
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(G) Books and records. Every tax collector, and every taxpayer required to pay the tax imposed by this section shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this section. The books and records shall be subject to and available for inspection at all times during business hours of the day.
(H) Credits and refunds. Notwithstanding any other provision of this section, in order to permit sound fiscal planning and budgeting by the village, no person shall be entitled to a refund of, or credit for, a tax imposed under this section unless the person files a claim for refund or credit within three years after the date on which the tax was paid or remitted.
(Ord. 07-09, passed 7-23-07)
§ 121.10 WATER UTILITY TAX.
(A) Pursuant to § 8-11-2 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-2), and any and all other applicable authority, a tax shall be, and hereby is. imposed on all persons engaged in the following occupations or privileges: persons engaged in the business of distributing, supplying, furnishing, or selling water for use or consumption within the corporate limits of the village, and not for resale, at a rate of 3% of the gross receipts therefrom.
(B) This tax is in addition to all other taxes, fees and other revenue measures imposed by the village, the state or any other political subdivisions of the state.
(C) For purposes of this section, GROSS RECEIPTS shall mean the consideration received for distributing, supplying, furnishing or selling water for use or consumption and not for resale, and for all services rendered in connection therewith valued in money, whether received in money or otherwise, including cash, credit, services and property of every kind and material and for all services rendered therewith, and shall be determined without any deduction on account of the cost of the service, product or commodity supplied, the cost of materials used, labor or service cost, or any other expenses whatsoever. The foregoing notwithstanding, GROSS RECEIPTS shall not include other billed amounts, such as fees, taxes and miscellaneous charges.
(D) Notwithstanding any other provision herein, the tax imposed by this section shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution or Statutes of the United States or the Constitution or Statutes of the State of Illinois.
(E) Any school district or unit of local government lying in whole or in part within the village shall be exempted from the tax imposed.
(F) The tax shall be remitted monthly to the village based on the gross receipts for water service during the prior calendar month.
(G) The failure to timely collect or remit all taxes due pursuant to this section is a violation of this code, and may be subject to the penalties hereunder.
(Ord. 20-18, passed 12-14-20)
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CHAPTER 122: CABLE/VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE
Section
122.01 Definitions
122.02 Cable/video service provider fee imposed
122.03 PEG access support fee imposed
122.04 Applicable principles
122.05 No impact on other taxes due from holder
122.06 Audits of cable/video service provider
122.07 Late fees/payments
§ 122.01 DEFINITIONS.
(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE SERVICE. That term as defined in 47 U.S.C. § 522(6).
COMMISSION. The Illinois Commerce Commission.
GROSS REVENUES. All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder’s cable service or video service area within the village.
(a) GROSS REVENUES shall include the following:
1. Recurring charges for cable or video service;
2. Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges;
3. Rental of set top boxes and other cable service or video service equipment;
4. Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges;
5. Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges;
6. Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments;
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7. A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder’s network to provide cable service or video service within the village. The allocation shall be based on the number of subscribers in the village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement;
8. Compensation received by the holder that is derived from the operation of the holder’s network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder’s network, such as a “home shopping” or similar channel, subject to subsection 9. below;
9. In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder’s revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business; and
10. The service provider fee permitted by ILCS Ch. 220, Act 5, § 21- 801(b).
(b) GROSS REVENUES do not include any of the following:
1. Revenues not actually received, even if billed, such as bad debt, subject to ILCS Ch. 220, Act 5, § 21-801(c)(1)(vi);
2. Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state-issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service;
3. Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder’s books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders;
4. The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser’s subscribers to the extent the purchaser certifies in writing that it will resell the service within the village and pay the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) with respect to the service;
5. Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal, or any other governmental entity and collected by the holder of the state-issued authorization and required to be remitted to the taxing entity, including sales and use taxes;
6. Security deposits collected from subscribers; and
7. Amounts paid by subscribers to “home shopping” or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.
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(c) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) which would otherwise be paid by the cable service or video service.
HOLDER A person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
PEG. Public, education and governmental.
PEG ACCESS SUPPORT FEE. The amount paid under this chapter and ILCS Ch. 220, Act 5, § 21-801(d) by the holder to the village for the service areas within its territorial jurisdiction.
SERVICE. The provision of “cable service” or “video service” to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
SERVICE PROVIDER FEE. The amount paid under this section and ILCS Ch. 220, Act 5, § 21-801 by the holder to a village for the service areas within its territorial jurisdiction.
VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet.
(Ord. 07-38, passed 1-14-08)
§ 122.02 CABLE/VIDEO SERVICE PROVIDER FEE IMPOSED.
(A) Fee imposed. A fee is hereby imposed on any holder providing cable service or video service in the village.
(B) Amount of fee. The amount of the fee imposed hereby shall be 5% of the holder’s gross revenues.
(C) Notice to the village. The holder shall notify the village at least ten days prior to the date on which the holder begins to offer cable service or video service in the village.
(D) Holder’s liability. The holder shall be liable for and pay the service provider fee to the village. The holder’s liability for the fee shall commence on the first day of the calendar month following 30 days after receipt of the ordinance adopting this chapter by the holder. The ordinance adopting this chapter shall be sent by mail, postage prepaid, to the address listed on the holder’s application notice sent pursuant to ILCS Ch. 220, Act 5, § 21-401(b)(6) to the village.
(E) Payment date. The payment of the service provider fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
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(F) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the village in which a fee is paid.
(G) Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to ILCS Ch. 220, Act 5, § 21-301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under § 122.02(B) above.
(Ord. 07-38, passed 1-14-08)
§ 122.03 PEG ACCESS SUPPORT FEE IMPOSED.
(A) PEG fee imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the village in addition to the fee imposed pursuant to § 122.02(B) above.
(B) Amount of fee. The amount of the PEG access support fee imposed hereby shall be 1% of the holder’s gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the village or its designee for PEG access support in the village.
(C) Payment. The holder shall pay the PEG access support fee to the village or to the entity designated by the village to manage PEG access. The holder’s liability for the PEG access support fee shall commence on the date set forth in § 122.02(D) above.
(D) Payment due. The payment of the PEG access support fee shall be due on a quarterly basis, 45 days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee.
(E) Credit for other payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to ILCS Ch. 220, Act 5, § 21-301(c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under § 122.03(B) above.
(Ord. 07-38, passed 1-14-08)
§ 122.04 APPLICABLE PRINCIPLES.
All determinations and calculations under this section shall be made pursuant to generally accepted accounting principles.
(Ord. 07-38, passed 1-14-08)
§ 122.05 NO IMPACT ON OTHER TAXES DUE FROM HOLDER.
Nothing contained in this section shall be construed to exempt a holder from any tax that is or may later be imposed by the village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A state-issued authorization shall not affect any requirement of the holder with respect to payment of the village’s simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the
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holder. A state-issued authorization shall not affect any requirement of the holder with respect to payment of any validly imposed 911 or E911 fees, taxes or charges.
(Ord. 07-38, passed 1-14-08)
§ 122.06 AUDITS OF CABLE/VIDEO SERVICE PROVIDER.
(A) Audit requirement. The village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the village imposes on other cable service or video service providers in its jurisdiction to audit the holder’s books and records and to recompute any amounts determined to be payable under the requirements of the village. If all local franchises between the village and cable operator terminate, the audit requirements shall be those adopted by the village pursuant to the Local Government Taxpayers’ Bill of Rights Act, ILCS Ch. 50, Act 45, §§ 1 et seq. No acceptance of amounts remitted should be construed as an accord that the amounts are correct.
(B) Additional payments. Any additional amount due after an audit shall be paid within 30 days after the village’s submission of an invoice for the sum.
(Ord. 07-38, passed 1-14-08)
§ 122.07 LATE FEES / PAYMENTS.
All fees due and payments which are past due shall be governed by ordinances adopted by this village pursuant to the Local Government Taxpayers’ Bill of Rights Act, ILCS Ch. 50, Act 45, §§ 1 et seq.
(Ord. 07-38, passed 1-14-08)
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CHAPTER 123: CABLE AND VIDEO CUSTOMER PROTECTION LAW
Section
123.01 Adoption
123.02 Amendments
123.03 Enforcement
123.04 Penalties
123.05 Customer credits
§ 123.01 ADOPTION.
The regulations of the Cable And Video Customer Protection Law, ILCS Ch. 220, Act 5, § 22-501, as amended, are hereby adopted by reference and made applicable to the cable or video providers offering services within the village’s boundaries.
(Ord. 07-37, passed 1-14-08)
§ 123.02 AMENDMENTS.
Any amendment to the Cable And Video Customer Protection Law that becomes effective after the effective date of this chapter shall be incorporated into this chapter by reference and shall be applicable to cable or video providers offering services within the village boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this chapter by reference without formal action by the corporate authorities of the village.
(Ord. 07-37, passed 1-14-08)
§ 123.03 ENFORCEMENT.
The village does hereby, pursuant to law, declare its intent to enforce all of the customer service and privacy protection standards of the Cable And Video Protection Law with respect to complaints received from residents within the village.
(Ord. 07-37, passed 1-14-08)
§ 123.04 PENALTIES.
(A) The village, pursuant to ILCS Ch. 220, Act 5, § 22-501(r)(1), does hereby provide for a schedule of penalties for any material breach of the Cable And Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed $750 for each day of the material breach, and shall not exceed $25,000 for each occurrence of a material breach per customer. In this regard:
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(1) Material breach means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law.
(2) The village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least 30 days from the receipt of the notice to remedy the specified material breach.
(3) A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after receipt of the notice as provided for in division (B) above.
(B) In the event the Peotone Police, the Village Code Enforcement Officer or other designee of the village elect to charge a cable or video provider with a violation of this chapter under a compromise citation, the provider charged may settle and compromise the claim without a court appearance by payment of one-half of the minimum required fine to the Village Clerk of the Village Hall within ten business days of the date of the violation if the compromise box designation is so checked on the “Complaint and Notice to Appear” form.
(Ord. 07-37, passed 1-14-08)
§ 123.05 CUSTOMER CREDITS.
The village hereby adopts the schedule of customer credits for violations as set forth in the Cable And Video Customer Protection Law. Those credits shall be as provided for in the provisions of ILCS Ch.220, Act 5, § 22-501(s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit.
(Ord. 07-37, passed 1-14-08)
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CHAPTER 124: DONATION BOXES
Section
124.01 Definitions
124.02 License required; fees
124.03 License application
124.04 Regulations
124.05 Maintenance
124.99 Penalty
§ 124.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DONATION BOX. Any container, receptacle or similar device, located on private or public property, used for the purpose of receiving donations of various types of items, including, but not limited to, clothing, food, and toys. See § 124.04 for prohibited items.
(Ord. 17-30, passed 3-26-18)
§ 124.02 LICENSE REQUIRED; FEES.
(A) License required. No person, firm, association, partnership, corporation, LLC or other entity shall place a donation box on any public or private property within the corporate limits of the village without first obtaining a license.
(B) License fee. The non-refundable fee for a license required by this chapter shall be $50.
(C) Licenses not transferable. Licenses issued under this chapter are not transferrable.
(D) Duration of license. All licenses issued under this chapter are valid for one calendar year and subject to renewal on April 1 of each year.
(Ord. 17-30, passed 3-26-18) Penalty, see § 124.99
§ 124.03 LICENSE APPLICATION.
(A) Required information. An applicant for a donation box in the village shall file an application for a license in writing with the Village Clerk. The application shall include:
(1) The name, mailing address, email address and telephone number of the applicant;
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(2) The name, mailing address, email address and telephone number of the owner of the property on which the donation box will be placed, if different;
(3) The name, mailing address, email address and telephone number of the lessee of the property on which the donation box will be placed, if different;
(4) The street address of the property on which the donation box will be installed or placed;
(5) A plat of survey of the property on which the donation box will be placed, which plat of survey shall depict the approximate location of the proposed donation box;
(6) Physical description of the donation box, including its dimensions and information written on the box;
(7) If the applicant is not the property owner, a signed letter by the property owner and/or lessee setting forth the owner’s and/or lessee’s permission to locate the donation box on the property, and accepting the owner’s or lessee’s dual responsibility as to maintenance of the donation box, if such donation box will not be installed by the owner or lessee;
(8) A pick-up schedule for the donation box. Pick-ups shall occur at least once a week; and
(9) Such other information as the village may from time to time require.
(B) Approval or denial. The Village Clerk shall forward the completed application to the Village Administrator, who shall act to issue or deny a license within 30 days of receipt by the village of the completed application.
(Ord. 17-30, passed 3-26-18)
§ 124.04 REGULATIONS.
(A) All donations of electronics and furniture, and donations of household goods too large to fit in the donation box, are prohibited.
(B) Donation boxes shall not be allowed in residential districts.
(C) Donation boxes shall not be allowed on vacant land.
(D) All donation boxes must be placed within the buildable area of a lot.
(E) No donation boxes shall be placed in a parking space or infringe on parking in any way.
(F) All donation boxes shall be placed on a hard, permanent surface.
(G) No license shall be issued for a donation box if its depth or width exceeds six feet, or if its height exceeds eight feet.
(H) The name and telephone number of the donation box licensee shall be permanently and prominently affixed to the front of each donation box.
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(I) The pick-up times for removal of all donated contents shall be posted and be visible on the front of the box.
(J) All donations must be fully contained within the donation box. Donations not fully contained in the donation box are considered a public nuisance and subject to removal by the village at the property and/or donation box owners’ expense.
(K) The total number of donation boxes that may be licensed and located on a lot at any time is limited to two.
(Ord. 17-30, passed 3-26-18) Penalty, see § 124.99
§ 124.05 MAINTENANCE.
(A) No licensee, property owner or lessee shall allow a donation box to become unsightly, unkempt or to remain in a state of disrepair.
(B) Donation boxes shall be kept free of rust and graffiti.
(C) Donation boxes shall be regularly emptied to prevent overflow of donations.
(D) No licensee or lessee or property owner shall allow clothing or other items to remain outside of the donation box, or to otherwise allow the donation box to become or remain a public nuisance.
(E) The property owner, lessee and licensee shall have shared responsibility to maintain the donation box on the property.
(F) If a donation box is not maintained as required by the Peotone Village Code, the donation box will be considered a nuisance and may be abated in accordance with Chapter 96, Nuisances, of the Peotone Village Code.
(Ord. 17-30, passed 3-26-18) Penalty, see § 124.99
§ 124.99 PENALTY.
Any person, firm or corporation violating any of the provision of this chapter shall be fined not less than $75 or more than $750 for each offense. A separate and distinct offense shall be deemed committed for each day on which a violation occurs or continues.
(Ord. 17-30, passed 3-26-18)
2018 S-38
92 Peotone - Business Regulations
CHAPTER 125: MUNICIPAL CANNABIS RETAILER’S OCCUPATION TAX
Section
125.01 Municipal cannabis retailer's occupation tax
§ 125.01 MUNICIPAL CANNABIS RETAILER'S OCCUPATION TAX.
(A) Beginning July 1, 2020, a tax is hereby imposed upon all persons engaged in the business of selling cannabis at retail in the Village, other than cannabis purchased under the Illinois Compassionate Use of Medical Cannabis Program Act, ILCS Ch. 410, Act 130, §§ 1 et seq., at the rate of three percent (3%) of the gross receipts from such sales made in the course of that business. Retailers may reimburse themselves for their tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that retailers are required to collect.
(B) The imposition of the tax imposed by this Section is in accordance with the provisions of Section 8-11-23 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-23), as amended, and is in addition to any and all other taxes and charges.
(C) The tax imposed by this section, and all civil penalties that may be assessed as an incident thereto, shall be remitted to, collected by and enforced by the Illinois Department of Revenue in accordance with the provisions of Section 8-11-23 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 8-11-23), as amended. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this section.
(D) The failure to timely collect or remit all taxes due pursuant to this section is a violation of this code, and may be subject to the penalties hereunder.
(Ord. 19-46, passed 1-13-20)