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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 any provision to the contrary; provided that the building, zoning, and all other requirements of village ordinances and state law are complied with.
(Ord. 84-0-050, passed 11-27-84)
(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 thereto 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 village who is authorized or directed to make an 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 village whose business is governed by the provision to give any authorized officer or employee of the village requesting the same, sufficient samples of any materials or commodity for an analysis upon request.
(C) In addition to any other penalty which may be provided, it shall be grounds for the revocation of the license of any licensed proprietor of any licensed business in the village if the proprietor or any employee or agent of the proprietor refuses to permit any officer or employee who is authorized to make an inspection or take a sample of the commodity, or who interferes with an officer or employee while in the performance of his duty in making an inspection, provided that no license shall be revoked on these grounds unless written demand is made upon the licensee or person that the inspection or sample is desired at the time it is sought to make the inspection or to obtain the sample. Revocation proceedings under this section shall be conducted in the manner set forth in § 110.10 of this chapter.
(Ord. 84-0-050, passed 11-27-84; Am. Ord. 2008-O-003, passed 2-19-08)
No license, permit or certificate shall be granted until the application procedures and investigation required by this chapter are completed. Any application for a license or permit may be denied or an existing license or permit may be suspended or revoked in accordance with this section for the violation by the applicant, licensee, or permittee of any ordinance provision, law or regulation relating, directly or indirectly, to the license or permit, the subject of the license or permit, or the premises occupied. The denial, suspension, or revocation may be in addition to any fine imposed and shall be in accordance with the procedures set forth below. However, in any situation where the public health, safety, morals, or welfare is immediately threatened by the continued operation of any business, the Village Licensing Committee shall be and is hereby authorized to order the immediate cessation of business and/or the closing of the premises, and the immediate suspension of any business regulation certificate, license, or permit for a period not to exceed 21 days pending the hearing required below. If the Licensing Committee finds any cause listed in division (E) below, it shall recommend to the Board of Trustees the denial, suspension, or revocation of the license or permit pending the hearing required below.
(A) The Licensing Committee is hereby authorized to deny a license or permit application, and to revoke or suspend any license or permit, pursuant to the procedures set forth in this chapter. The Licensing Committee is further authorized to appoint a hearing officer to conduct any hearing required by this section.
(B) Notice of denial, suspension, or revocation.
(1) Within three days after the Licensing Committee has denied a license or permit, the Committee Chairperson shall notify, by mail, the applicant of the action taken by the Licensing Committee. Such notice is deemed received by the applicant, licensee, or permittee two days after mailing. If the applicant desires a hearing on the denial, he must then notify the Village President by certified or registered mail, return receipt requested, within seven days of the mailing of the notice sent by the Chairperson of the Licensing Committee.
(2) Whenever the Licensing Committee receives a request for suspension or revocation of a license or permit, the licensee or permittee shall be notified, by mail, by the Chairperson. Such notice shall be deemed received by the applicant, licensee, or permittee two days after mailing. Such notice shall indicate the alleged basis for the suspension and/or revocation and the date, time, and place where the Licensing Committee or a hearing officer appointed by the Licensing Committee will hold a hearing thereon. The Committee or the hearing officer will hear the request for suspension or revocation and render a written recommendation to the Board of Trustees at their next meeting after the conclusion of the hearing.
(C) Hearing. Within ten days after the Village President has received a proper request for a hearing on the denial of a license, certificate or permit, the Committee Chairperson shall call a hearing for the purpose of determining whether or not the business regulation certificate, license or permit should be denied. Within 10 days after the License Committee receives a request for the suspension and/or revocation of a license, certificate or permit, the Committee Chairperson shall call a hearing on such suspension and/or revocation. Any such hearing shall be started no earlier than five days, nor later than 14 days, after the call has been made.
(D) Notice of hearing. Notice of the hearing for denial, suspension, or revocation of a license, business regulation, certificate or permit shall be given to the applicant, licensee, or permittee, in writing, setting forth specifically the grounds of the complaint and the time, date, and place of the hearing pursuant to division (B) above. The notice shall be sent to the applicant, certificate holder, or permittee at his last known address or at the address indicated on the latest application for a business license or permit.
(E) Hearing procedures. The hearing may be convened by the Licensing Committee, or by a hearing officer appointed by the Licensing Committee. At the hearing, the Village Attorney shall present the complaint and evidence and shall represent the village. The applicant, certificate or license holder, or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The hearing may be continued from time to time for good cause shown. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Licensing Committee or the hearing officer appointed by the Licensing Committee shall evaluate the evidence and present its written recommendation to the Board of Trustees at the next meeting of the Board of Trustees after the conclusion of the hearing. The Board of Trustees and the President shall take final action on the License Committee's or the hearing officer's recommendation.
(F) Causes for denial, suspension, or revocation. Business regulation certificates, licenses and permits issued under the ordinances of the village, unless otherwise provided, may be denied, suspended, or revoked for any of the following causes:
(1) Any fraud, misrepresentation, or false statement contained in the application for the license, certificate or permit, or the display of a fraudulently altered license, certificate or permit, or the misuse of any license, certificate or permit;
(2) Any violation by the license or certificate holder or permittee of ordinance provisions or laws relating directly or indirectly to the license, certificate or permit, the subject matter of the license, certificate or permit, or the business occupied;
(3) Conviction of the licensee, certificate holder or permittee of any felony or of a misdemeanor involving moral turpitude;
(4) Failure of the licensee, certificate holder or permittee to pay any fee, fine or penalty owing to the village;
(5) Refusal to permit an inspection or sampling by the village, or any interference with a duly authorized village officer or employee while in the performance of his duties in making such inspection, as provided in § 110.09 of this chapter;
(6) Denial, suspension, or revocation by any other municipality or by the state or any regulatory body of the state of a comparable license or permit;
(7) Failure to comply with BOCA and the Village Building Safety Codes; or
(8) Excessive consumer complaints regarding the business or the owners or managers of the business or a related business.
(G) Reapplication for license or permit. If an application for a license or permit has been denied, or a license or permit has been revoked, the applicant or holder may not seek another license or permit from the village earlier than 12 months after the final denial or revocation.
(H) Suspension. A license or permit that has been suspended may be reinstated by the village upon proper request by the licensee or permittee, if the terms and conditions established by the Board of Trustees for such reinstatement are met. Upon request to the village by certified or registered mail, return receipt requested, by the applicant, licensee, or permittee, a meeting of the License Committee will be held within 10 days to consider the request of the applicant, licensee, or permittee. The Village Attorney may present information against or in support of such request at the hearing. The License Committee will present its recommendation to the Board of Trustees at the next meeting of the Trustees. The Board of Trustees and the President shall take final action on the License Committee's recommendation.
(Ord. 88-0-008, passed 1-26-88; Am. Ord. 95-0-023, passed 5-22-95; Am. Ord. 2008-O-003, passed 2-19-08)
FEES
(A) Business license fees based upon square foot area are predicated upon the premise that there is a finite amount of square footage in all of the commercial zoning districts within the village. These commercial districts require substantial services over and above the services provided for single-family homes and other residential districts. The business activities conducted within the village require these extra services regardless of the activity being conducted within each commercial space. Therefore, the fee is based equitably upon the square foot area of each place of business as a minimum fee. Minimum fee schedule shall be based on square feet of floor/land area. "Floor/land area" being the sum total of the gross horizontal areas of all of the several floors of a building and its accessory buildings measured in square feet from the exterior faces of the exterior walls or from the center line of party walls separating two buildings or business establishments on each floor, cellar floor, motor vehicle parking space when the floor space is used in conjunction with a drive-in commercial establishment (excluding however all common area parking provided for any four or more stores or offices in any shopping or business area) and commercial establishment, devoted to the sale, service, or repair of motor vehicles (including the sale of gasoline and related petroleum products), floor space used for mechanical equipment, whether open or enclosed, penthouse attic space, balconies, mezzanines, porches and verandas, floor area devoted to and occupied by accessory used. Special enumerated fees shall be a substitution for a fee based on square footage unless otherwise slated.
Classification | Step | Floor/Land Area In Square Feet | Yearly Registration Fee |
Classification | Step | Floor/Land Area In Square Feet | Yearly Registration Fee |
Office, manufacturing, | 1 | 1 - 1,500 | $ 60 |
retail, service | 2 | 1,501 - 3,000 | 80 |
storage, wholesale | 3 | 3,001 - 6,000 | 105 |
4 | 6,001 - 9,000 | 125 | |
5 | 9,001 - 12,000 | 160 | |
6 | 12,001 - 15,000 | 180 | |
7 | 15,001 - 20,000 | 205 | |
8 | 20,001 - 30,000 | 250 | |
9 | 30,001 - 40,000 | 300 | |
10 | 40,001 - 60,000 | 400 | |
11 | 60,001 - 80,000 | 500 | |
12 | 80,001 and over | 600 | |
The following is a list of commercial establishments in which the fee is based on square footage. This list shall not be construed to be all inclusive, and all other commercial establishments, businesses or activities not specifically enumerated herein or in another section of this chapter shall pay an annual license fee based on square footage:
Typical business with license fee established by square footage of premise: other businesses not listed herein
Ambulance
Amusement park
Auto tire sales and services
Auto/truck/motorcycle sales and service
Bicycle shop
Cement ready-mix plant
Currency exchange
Dance hall
Dance schools
Music studios
Department stores
Drug stores
Funeral director
General retail sales
Grocery store
Hotels/motels
Ice dealer
Immediate care/hospitals
Machine shops
Manufacturing
Meat/fish market
Miniature golf course
Motorcycle leasing/renting
News agency
Nursing homes
Photographic studios
Physical fitness, gym, spa
Printers and printing plants
Restaurant/eating place
Skating rink
Tobacco dealer (primary business)
Travel agency
Truck terminals
Warehousing
(B) As noted above, the basis for business regulation fees may be a factor or factors other than square foot area of the business establishment. Fee charges based on factors other than square footage for specific businesses and/or activities are as follows:
Amusements | Fee
|
Amusements | Fee
|
Athletic exhibitions | $75 per event |
Billiard halls | $75 annually |
Bowling alley | $75 annually |
Carnivals | $150 per event (must be 6 days or less) |
Circus | $250 per day |
Circus sideshows and concessions | $25 per day |
Dance, open to the public | $75 per event |
Exhibition of inanimate objects | $50 per event |
Go cart tracks | $150 annually |
Mechanical amusement devices | $30 per day |
Other amusements | $50 per day (temporary only) |
Theaters | |
Indoor | $650 annually |
Outdoor | $650 annually |
Temporary | $170 per day |
Retail and Service Businesses
| Fee
|
Retail and Service Businesses
| Fee
|
Advertising | |
Handbill distribution | $25 per day |
Outdoor advertisers | |
Bench | $30 annually |
Billboard | $100 annually |
Auctioneers | $75 per day |
Auto dry clean | $50 annually, per machine |
Car wash | |
Automatic | $150 annually |
Self-service | $150 annually |
Coin-operated jukebox | $80 annually, each machine |
Coin-operated tobacco machines | $75 annually, each machine |
Coin-operated video games | $100 annually, each machine |
Day care center | |
Less than 100 children | $100 annually |
Less than 100 adults | $100 annually |
More than 100 children | $150 annually |
More than 100 adults | $150 annually |
Dry cleaners | $150 annually |
Dry cleaning machine | $50 per machine |
Farmer’s market vendors | $25 per season, in addition to any other license and license fee the business must obtain and pay hereunder |
Firearms dealers | $250 annually |
Flea markets | $450 annually |
Food dealer | |
Mobile | $75 annually, per vehicle |
Temporary | $75 per event, per booth |
Gas stations | |
1 - 4 meter faces | $100 annually |
Over 4 meter faces | $15 annually, each additional meter face |
House movers/raisers | $80 annually |
Laundromats | $10 annually |
Limousine, limo van and/or replica trolley service | $75 annually up to a maximum of $150 |
Liquidation sale | $75 per sale |
Livery stable (amusement) | $150 annually |
Pawn brokers | $275 annually |
Peddlers | $75 annually $3 daily |
Public weight master | $75 annually |
Deputy | $50 annually |
Scavengers | $400 annually |
Solicitors | $50 annually |
Tobacco dealers (secondary business) | $75 annually |
Vending machine | |
All others | $50 annually, each machine |
Food/beverage, less than $.10 | $35 annually, each machine |
Food/beverage/ice | $50 annually, each machine |
Scales | $20 annually, each machine |
Contractors | Fee (annually) |
Contractors | Fee (annually) |
Building | $100 |
Carpenter | $100 |
Concrete/cement | $100 |
Drain layer | $100 |
Electrical | $100 |
Excavating | $100 |
Fence | $100 |
Garage | $100 |
General | $200 |
HVAC | $100 |
Lathering and dry wall | $100 |
Mason | $100 |
Paving | $100 |
Plumbing | $100 |
Roofing and insulation | $100 |
Sewer | $100 |
Swimming pool | $100 |
All others | $100 |
(C) The nature of certain businesses or activities requires that the business license fee be based on a combination of square footage and other factors. Fee charges for those specified businesses and/or activities are as follows:
Amusements | Fee |
Adult use cannabis | $5,000 annually, plus fee based on square footage |
Archery range | $75 annually, plus fee based on square footage |
Golf course (public) | $250 annually, plus square foot charge on buildings |
Golf course (private) | $250 annually, plus square foot charge on buildings |
Golf practice range | $100 annually, plus square foot charge on buildings |
Retail and Service Businesses | Fee |
Retail and Service Businesses | Fee |
Gas stations, with grocery and retail sales | Extra fee based on square feet |
Taxicab companies | $200 annually, in addition to any annual fee based on the square footage of the premises |
Taxicab drivers | $75 per driver annually |
Taxicab vehicles | $75 per vehicle annually |
Towing business premises | $250 annually, in addition to annual fee based on square footage of premises |
Video gaming license | See Title XIII, § 132.23
|
Video gaming terminal operator license | See Title XIII, § 132.24
|
(Ord. 84-0-050, passed 11-27-84; Am. Ord. 85-0-003, passed 1-29-85; Am. Ord. 95-0-023, passed 5-22-95; Am. Ord. 97-0-050, passed 7-15-97; Am. Ord. 2000-O-110, passed 11-21-00; Am. Ord. 2002-O-085, passed 12-17-02; Am. Ord. 2010-O-049, passed 12-7-10; Am. Ord. 2020-O-040, passed 8-4-20; Am. Ord. 2021-O-010, passed 3-2-21; Am. Ord. 2022-O-086, passed 11-1-22; Am. Ord. 2023-O-008, passed 2-21-23)
In the absence of provision to the contrary all fees and charges for licenses of permits shall be paid in advance at the time of application therefor. Except otherwise provided all license fees shall become a part of the corporate fund. In no event shall any rebate or refund be made of any business regulation certificate of permit fee, or part thereof, by reason of death or departure of the certificate holder or permittee; nor shall any rebate or refund be made by reason of the nonuse of the business regulation certificate or discontinuance of the operation or conduct of the regulated establishment, business, or activity.
(Ord. 84-0-050, passed 11-27-84)
The foregoing licensing and registration requirements are not applicable to any business which is specifically and expressly preempted from local regulation and control by state or federal law. However, when a business which is preempted from local control is operated as a portion of a commercial establishment which also engages in business activities which are not so preempted, the registration fee shall apply to the entire commercial establishment, and the registration fee shall be computed based on that portion of the floor/land area of the commercial establishment which is not devoted to the preempted business.
(Ord. 84-0-050, passed 11-27-84)
(A) All annual licenses other than contractor licenses shall terminate on December 31 in each year where no provision to the contrary is made; except as otherwise expressly provided, the applicant for a license other than a contractor license for a new place of business or to engage in a new occupation shall be required to pay the full annual license fee specified.
(B) There will be no pro- ration of fees.
(C) The Village Clerk shall mail to all licensees of the village, other than contractor licensees, a statement at the time of the expiration of the license held by the licensee. However, if the license is an annual license, then the notice of expiration shall be mailed three weeks prior to the date of expiration. A failure to send out the notice, or the failing of the licensee to receive it shall not excuse the licensee from a failure to secure a new license, or a renewal thereof, nor shall it be a defense in any action for operation without a license.
(D) The term of a contractor license shall be one year from the date of issuance.
(Ord. 84-0-050, passed 11-27-84; Am. Ord. 2016-O-034, passed 6-21-16; Am. Ord. 2020-O-088, passed 12-15-20)
Any licensee who fails to pay the fees and charges for the renewal of a license or permit by January 31 of the year following termination of the license shall be charged a penalty of $50. The penalty shall be paid at the time of renewal of the license. However, this section shall not be applicable to contractors.
(Ord. 95-0-023, passed 5-22-95)
Provided that there is no danger to the public health and safety, and further provided that a temporary or permanent occupancy permit has been issued to a particular business for a particular location within the village, a temporary business license may also be issued in accordance with procedures established herein and any applicable administrative regulations of the village. A temporary or permanent occupancy permit does not permit the operation of any business required to have a business license under the provisions of this chapter. A person seeking a temporary business license must apply in writing to the Assistant Village Manager setting forth with specificity the reasons why a temporary business license should be issued, and the hardship or other conditions which justify such issuance. No temporary business license shall be issued hereunder for a period in excess of 45 days. It is the intent of this provision that a temporary business license may, under appropriate circumstances, be issued, but that temporary licenses will only be issued where the deficiencies in the application are minor in nature and can be rectified within a set timetable. The Assistant Village Manager shall be empowered to establish necessary conditions to make certain that before the expiration of the temporary business license the applicant shall be in a position to fully comply with the provisions of this chapter and all other applicable ordinances, rules and regulations of the village. The Assistant Village Manager in granting a temporary business license shall specifically indicate in writing the length of time for which such license is applicable. It shall be the responsibility of the recipient of the temporary business license to rectify all deficiencies prior to the expiration of said temporary business license, and the failure to do so may constitute sufficient grounds to deny issuance of a permanent business license. Any temporary business license shall be presented to the Chair of the Licensing Committee prior to issuance.
(Ord. 98-0-006, passed 3-17-98; Am. Ord. 2008-O-003, passed 2-19-08)
Any person, firm, or corporation violating any provision of this chapter shall be fined not to exceed $500 for each offense or jail sentence as deemed appropriate, but not greater than six months. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 84-0-050, passed 11-27-84)