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(A) No license or permit for the operation of a business, establishment, or activity in the Village of Romeoville shall be construed to permit its operation in more than one location in the village. A separate license or permit shall be required for each location. For the purposes of this chapter, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses:
(1) Shall be physically and structurally connected or shall be located on the same lot or parcel;
(2) Shall be operated and managed by the same person, entity, or owner; and
(3) Shall be devoted to a single line of business.
(B) The location of any licensed business or occupation, other than for the sale of alcoholic liquors, or the location of any permitted act may be changed and/or physically expanded without payment of a new or separate license fee, provided that the Community Development Department shall be given prior notice of such intended change in or physical expansion of a licensed business location to determine that the new location for which the license is required conforms with all applicable ordinances and regulations of the village at its new location. Such notice shall be provided by the filing of an amended business license application, and the same shall be reviewed in the manner provided in § 113.07. In the event that the amended application is approved, no additional license fee shall be due with respect to the year in which the amended application is approved.
(Ord. 21-1695, passed 4-7-21)
(A) All businesses required to be licensed hereunder shall be conducted or operated so as not to constitute a nuisance under the provisions of this Code or the laws of the State of Illinois (including the common law thereof), and no building, vehicle, structure, yard, lot, premises, or part thereof shall be used, kept, maintained, or operated in connection with any business required to be licensed hereunder so as to occasion any nuisance thereunder or so as to be dangerous to life or detrimental to health.
(B) All businesses required to be licensed hereunder shall be kept in a clean condition, free from the effluvia of sewer, drain, privy, stable, or other nuisance. Such premises shall be free from all gases, vapors, dust, infestation, vermin, rodents, insects, garbage or refuse (except as may be properly stored in containers for pickup/disposal), disease vectors, or other conditions which are injurious to health. Sufficient washroom facilities for employees and customers shall be provided in accordance with all applicable laws and ordinances and such facilities shall be properly ventilated.
(C) The appropriate village officials shall visit, or cause to be visited, all such businesses required to be licensed hereunder within the village as often as they shall deem necessary to assure compliance with the provisions of this section and to have such arrangements made as may be decreed necessary for the health and safety of the employees.
(Ord. 21-1695, passed 4-7-21) Penalty, see § 113.99
(A) In addition to any fine or other penalty which may be provided for under this chapter, the Village Manager may by written notice issued to a licensee as hereinafter provided revoke or suspend for not more than 30 days the license of any owner or operator of a licensed business in the village for any of the following reasons:
(1) Any fraud, misrepresentation, misleading or incorrect statement, or material omission contained in the initial or any renewal application or made in carrying on the licensed business;
(2) Failure to pay any fees, fines, charges, penalties, or other sums due and owing to the village, or failure to perform in accordance with its terms any obligation owed to the village whether resulting from contract or otherwise;
(3) Conviction of any misdemeanor or felony violation of the Illinois Criminal Code or of any provision of the Village Code of Ordinances as amended by any person issued a license under this chapter, where such conviction reasonably evidences an inability to operate the licensed business within the village in compliance with the requirements of this chapter;
(4) Refusal to permit any inspection required or permitted under this chapter or any other applicable provisions of this Code, or interfering with or obstructing any village employee engaged in performing such an inspection;
(5) Conviction of any violation of any provision of any village ordinance or Illinois State Statute, without limitation, that applies in any way to the license issued hereunder or the conduct of the licensed business pursuant thereto;
(6) Failure to maintain and/or produce on demand proof of any current inspection required by any federal, state, or county agency where current proof of such an inspection is required by applicable law as a condition to the operation of the business in question;
(7) Failure to obtain and maintain in full force and effect any license, permit, or approval otherwise required by this Code or other applicable law in connection with the operation of the business in question;
(8) Prior failure by the applicant or licensee (or any partner, officer, manager, member, director, principal, or other affiliate thereof) to comply with applicable provisions of this Code or other applicable laws pertaining to the operation of any business for which a license would be required by the provisions of this chapter;
(9) Failure to comply with the provisions of all applicable village ordinances or federal or state statutes that apply in any way to the license issued hereunder or to the conduct of the license issued hereunder or to the conduct of the licensed business pursuant thereto; or
(10) Existence of any fact, matter, or condition demonstrating the applicant's inability to legally operate the licensed business in compliance with all applicable law, ordinances and regulations.
No licensee having had a license revoked under this chapter shall be eligible for a new license under this chapter for the balance of the unexpired term of the revoked license, plus one year thereafter. Any licensee having had a license revoked or suspended shall immediately cease and terminate all operation of the licensed business and close the premises of the licensed business to the public upon the issuance of the revocation, and no licensee holding a suspended license shall resume the conduct of the licensed business or permit the entry of the public to the premises of the licensed business prior to the expiration of the term of the suspension, except as may be otherwise provided for herein.
(B) When the Village Manager becomes aware of violations of division (A) of this section sufficient to support the revocation or suspension for not more than 30 days of a business license under the provisions of this section, the Village Manager may by written notice to the licensee revoke or suspend for not more than 30 days the business license of such licensee. Such notice shall at a minimum (i) set forth with reasonable specificity the factual allegations and ordinance violations at issue; (ii) contain a statement of the right of the licensee to appeal the revocation or suspension pursuant to the provisions of § 42A.20 of the Village Code of Ordinances and that such an appeal stays the effect of any business license revocation or suspension pending the disposition of the appeal and (iii) a statement that in the absence of a timely filed appeal, the revocation or suspension at issue shall be in effect from and after the expiration of the time established for filing an appeal by § 42A.20 of the Village Code of Ordinances. The notice may, but need not, contain a statement of terms of a proposed settlement agreement that, if performed, will enable the licensee to avoid revocation or suspension of the license in question. Upon receipt of such a notice, the licensee may appeal the revocation or suspension pursuant to the procedures set forth in § 42A.20, and upon receipt of a timely filed appeal, the village shall schedule an appeal hearing in accordance with said § 42A.20. Notices of license suspension or revocation shall be deemed properly served when sent by registered mail, return receipt requested or by nationally recognized overnight carrier to the applicant's most recent address disclosed to the village within any original or renewal license application, or when personally delivered or served upon the licensee, as evidenced by the written affidavit of the person making such delivery or service. Appearance at any subsequent appeal hearing shall constitute a waiver of any alleged defect in the notice or the service thereof.
(C) An attorney designated by the corporate authorities shall represent the village at the hearing. Such attorney shall present the case as set forth in the notice to the licensee. The licensee may be represented in such hearing by counsel, and the village and the licensee shall have the right to present and cross examine witnesses and present documentary or other evidence. The formal and technical rules of evidence shall not apply at such a hearing. Evidence shall only be admitted if it is of such character as might be commonly relied upon by reasonably prudent persons in the conduct of their business or affairs. For good cause shown, the Village Manager may continue the hearing from time to time. The Village Manager shall notify the licensee of his decision as to the revocation or suspension of the license in question, the grounds for that decision, and the process established by this chapter for appealing any such decision adverse to the licensee within seven days after the conclusion of such hearing. At any time prior to or during the course of the hearing, the Village Manager and the licensee shall be authorized to enter into a written settlement agreement specifying a course of action (which may include the payment of fines, expenses, or sums in the nature of restitution) that may be performed by the licensee in lieu of a suspension or revocation of the license in question.
(Ord. 21-1695, passed 4-7-21)
(A) It shall be the duty of any person conducting a licensed business in the village to keep his license in a prominent place on the premises used for such business at all times.
(B) No person shall destroy, obliterate, take, remove, or carry away without the consent of the owner any license, certificate, plate, or stroke which has been issued by the village except when such license, certificate, plate, or sticker has been discontinued or the licensed premises have been abandoned. Nothing herein shall prevent the Village President or his duly authorized representative from removing any license, certificate, plate or sticker from the possession of a former licensee, his/her premises, any vehicle or any machine when said license has been revoked under this provisions of this chapter.
(Ord. 21-1695, passed 4-7-21) Penalty, see § 113.99
The business license will be valid for a one year period commencing on January 1st of every year and expiring on December 31st of the same year. The license must be purchased within the first 30 days of January or fines and penalties shall be enforced beginning on February 1st. New businesses locating within the community shall have a 30-day grace period from the date of the opening of the business to obtain the business license.
(Ord. 21-1695, passed 4-7-21) Penalty, see § 113.99
(A) Any person, firm, or corporation violating any provision of this chapter, unless otherwise provided, shall be fined not less than $150 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.
(B) Any person, firm, or corporation operating without a valid business license shall be fined not less than $250 or more than $1,000 for each offense. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
(C) Any person, firm, or corporation whose license is suspended or revoked under the terms of this chapter or who operates without a valid business license issued by the village may have their operations suspended and the location of the business closed to the public.
(D) In addition to the penalties provided for in this chapter, the village shall also be authorized to file actions for injunctive or equitable relief to enforce the provisions of this chapter.
(Ord. 21-1695, passed 4-7-21)