TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSE AND PERMIT PROVISIONS 1
SECTION:
3-1-1: Applications for Licenses
3-1-2: Persons Subject to License
3-1-3: Forms; Contents of License
3-1-4: Investigation of Applicant
3-1-5: License and Permit Fees
3-1-6: Termination of License
3-1-7: License to be Posted
3-1-8: Building and Premises
3-1-9: Change of Location
3-1-10: Unwholesome, Nuisance Businesses Prohibited
3-1-11: Inspections and Analyses
3-1-12: Revocation of License or Permit; Hearing
3-1-13: Appeals
3-1-14: Penalty
3-1-1: APPLICATIONS FOR LICENSES:
Applications for all licenses and permits required by ordinance shall be made, in writing, to the City Clerk in the absence of provisions 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 City officials in the issuing of the permit or license applied for. (1979 Code Ch. 11, Art. I, §1)
3-1-2: PERSONS SUBJECT TO LICENSE:
Whenever, in this Code or as provided in chapter 1211/2 of the Illinois Revised Statutes for businesses going out of business, 1 a license is required for the maintenance, operation or conduct of any business or establishment or for doing business or engaging in any activity or occupation, any person shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the City. (1979 Code Ch. 11, Art. I, §2)
3-1-3: FORMS; CONTENTS OF LICENSE:
Forms for all licenses and permits and applications therefor shall be prepared and kept on file by the City Clerk. (1979 Code Ch. 11, Art. I, §3)
Each license issued shall bear the signatures of the Mayor and the City Clerk in the absence of any provision to the contrary. (1979 Code Ch. 11, Art. I, §4)
3-1-4: INVESTIGATION OF APPLICANT:
Upon receipt of an application for a license or permit where ordinances of the City necessitate an inspection or investigation before the issuance of such permit or license, the City Clerk shall refer such application to the proper officer for making such investigation within forty eight (48) hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof.
The Health and Building Officer shall make or cause to be made an inspection in regard to such licenses in the connection of the care and handling of food and the prevention of nuisances and the spread of disease, for the protection of health and shall make or cause to be made any such inspections relative to the construction of buildings or other structure. All other investigations except where otherwise provided, shall be made by the Chief of Police or by some other officer designated by the Mayor. (1979 Code Ch. 11, Art. I, §5)
3-1-5: LICENSE AND PERMIT FEES:
In the absence of provision to the contrary, all fees and charges for licenses and permits shall be paid in advance at the time application therefor is made to the City Clerk. When an applicant is not engaged in the business until the expiration of part of the current license year, the license fee shall be pro-rated for the unused portion of the license. Except as otherwise provided, all license fees shall become a part of the Corporate Fund. (1979 Code Ch. 11, Art. I, §6)
3-1-6: TERMINATION OF LICENSE:
All annual licenses shall terminate on April 30, where no provision to the contrary is made.
The City Clerk shall mail to all licensees of the City, a statement of the time of expiration of the license held by the licensee, if an annual license, three (3) weeks prior to the date of such expiration; provided, that a failure to receive it shall not excuse the licensee from a failure to obtain a new license or a renewal thereof nor shall it be a defense in an action from operation without a license. (1979 Code Ch. 11, Art. I, §7)
3-1-7: LICENSE TO BE POSTED:
It shall be the duty of any person conducting a licensed business in the City to keep his license posted in a prominent place on the premises used for such business at all times. (1979 Code Ch. 11, Art. I, §13)
3-1-8: BUILDING AND PREMISES:
No license shall be issued for the conduct of any business, and no permit shall be issued for anything or act if the premises and building to be used for the purpose do not fully comply with the requirements of the City. 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 of the City. 3 (1979 Code Ch. 11, Art. I, §8)
3-1-9: CHANGE OF LOCATION:
The location of any licensed business or occupation or of any permitted act may be changed, provided ten (10) days' notice thereof is given to the City Clerk, in the absence of any provision to the contrary; provided, that the building, 4 zoning,1 and frontage consent requirements of the ordinances are complied with. (1979 Code Ch. 11, Art. I, §9)
3-1-10: UNWHOLESOME, NUISANCE BUSINESSES PROHIBITED:
   A.   Unwholesome Businesses: It shall be unlawful to establish any packing plant, slaughterhouse, rendery, tallow warehouse, soap factory, glue factory, tannery or any offensive or unwholesome business within the City or within one mile of the limits thereof. (1979 Code Ch. 24, Art. IV, §16)
   B.   Nuisance Businesses: No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. (1979 Code Ch. 11, Art. I, §10)
3-1-11: INSPECTIONS AND ANALYSES:
   A.   Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance or are 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 the inspection any officer or employee of the City who is authorized or directed to make such inspection 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 City 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 Mayor may revoke the license of any licensed proprietor of any licensed business in the City who refuses to permit any such officer or employee who is authorized to make such inspection or to take such sample to make the inspection or take an adequate sample of the commodity or who interferes with such officer or employee while in the performance of his duty in making such inspection; provided, that 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 City, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample. (1979 Code Ch. 11, Art. I, §11)
3-1-12: REVOCATION OF LICENSE OR PERMIT; HEARING:
   A.   Revocation of License or Permit: Licenses and permits issued under the ordinances of the City, unless otherwise provided, may be revoked by the Mayor after notice and hearing as provided in subsections B and C of this Section for any of the following causes:
      1.   Any fraud, misrepresentation or false statement contained in the application for the license or permit.
      2.   Any violation by the licensee or permittee of ordinance provisions relating to the license or permit, the subject matter of the license or permit or the premises occupied.
      3.   Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude.
      4.   Failure of the licensee or permittee to pay any fine or penalty owing to the Village.
      5.   Refusing to provide convenient access or samples of such data or other information as may be reasonably requested by the City in evaluating any application or renewal of any permit or license.
Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties for the violation of other applicable ordinances of the Village.
   B.   Notice of Hearing: Notice of the hearing for revocation of a license or permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, to the licensee or permittee at his last known address at least five (5) days prior to the date set for the hearing.
   C.   Hearing: The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Mayor shall preside and shall render the decision. (1993 Code)
3-1-13: APPEALS:
Any person aggrieved by the decision of the Mayor in regard to the denial of an application for a business license, as provided in Section 3-1-1 of this Chapter, or in connection with the revocation of, or refusal to renew, a license or permit as provided in Section 3-1-12 of this Chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within ten (10) days after notice of denial of an application or a revocation of, or refusal to renew, a license or permit, a written statement under oath setting forth specifically the grounds for appeal. The City Council shall thereupon set the time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in Section 3-1-12 of this Chapter. The decision of the City Council on such appeal shall be final. (1993 Code)
3-1-14: PENALTY:
   A.   Generally: Any person violating any provision of this Chapter or any business, occupation, activity or use that is continued without a license having been secured therefor as provided in this Chapter shall, for each offense, be punished as provided in Section 1-4-1 of this Code.
   B.   Other Remedies: The availability or imposition of any of the foregoing penalties shall not limit or preclude any other remedy or remedies by way of injunction or other relief available to the City, either at law or in equity. (1993 Code)

 

Notes

1
1. See also Section 7-1-5 of this Code, business regulations at Lake Taylorville.
1
2. S.H.A. ch. 121/2, ¶157.2.
3
1. See Title 10 of this Code.
4
2. See Title 9 of this Code.