§ 128.01 LICENSE; LOCATION.
   (A)   In addition to the general licensing requirements set forth in Chapter 110 of Title XI of this code, each firearms dealer located in this village shall be required to apply for and obtain a special firearms dealer's license. For purposes of this chapter, "FIREARMS DEALER" shall mean any federally licensed firearms dealer, excluding any person licensed solely as a "collector" pursuant to Section 923(b) of Title 18 of the United States Code and possessing only a Type 03 federal license. The term "FIREARMS DEALER" shall mean and include any "GUN SHOP" which term is defined as the premises of any federally licensed firearms dealer where the purchase or sale of firearms or firearms ammunition is conducted.
   (B)   A license is hereby required for any firearms dealer and/or for the maintenance, operation or conduct of a gun shop business by a firearms dealer within this village, or for doing such business or engaging in any such activity or occupation within the village. Any person, firm or corporation shall be subject to such requirement if by himself or through an agent, employer or partner he holds himself forth as being engaged in the business or occupation, or solicits patronage therefor, actively or passively; or attempts to perform any part of such business or occupation in the village. This chapter shall not apply to the one-time sale of the personal gun of its owner; provided, however, if the same individual sells six or more guns within any three year period, such person shall be conclusively deemed to be conducting the business of a gun shop. Possession of a valid federal firearms dealer's license from an address or for a location in the village shall be deemed proof of being engaged in the business of dealing in firearms in the village and thus requiring a village firearms dealer's license. It shall be unlawful for any person to engage in the business of dealing in firearms or maintaining a gun shop at any address within the village without having first applied for and obtained a firearms dealer's license pursuant to this provision.
   (C)   No license shall be provided for any location within the village other than in an appropriately zoned business or commercial area.
   (D)   No license shall be provided for any location within one-quarter of a mile of the grounds of a school (which means any public or private elementary or secondary school, community college, college or university) or public park (which means any land or building set aside for public recreation and owned by a public park district), as measured from the closest property lines of the respective properties (actual distance, ["as the crow flies"] not by route of human travel), unless the entity which has applied for a license was lawfully in business prior to September 15, 1994 and either is in its original location as of September 15, 1994 or relocates to another location in the village with appropriate zoning for such business and its uses.
   (E)   Any person in the village who becomes a federally licensed firearms dealer after September 15, 1994 and is thus required under this chapter to obtain a village firearms dealer's license shall apply for such license within 45 days of receipt of the federal firearms dealer's license (anyone who, as of September 1, 1994, has a federal firearms dealer's license shall apply for such license within 45 days of September 1, 1994). Any persons licensed under federal law at more than one location within the village must obtain a license from the village for each individual location in the village. A separate application license fee is required for each location. No license issued under this section shall be transferrable or assignable to any other person or any other location.
   (F)   No license shall be issued hereunder to any person who fails to provide proof of a valid federal firearms dealer's license and a valid Firearm Owners Identification Card issued by the State of Illinois.
(Ord. 94-0-004, passed 1-25-94; Am. Ord. 94-0-080, passed 10-25-94; Am. Ord. 94-0-103, passed 11-22-94) Penalty, see § 128.99