ORDINANCE NO. O2024-03

AN ORDINANCE AMENDING CHAPTER 10 OF TITLE 3 OF THE WARRENVILLE CITY CODE REGARDING BUSINESS REGISTRATIONS AND LICENSES

WHEREAS, the City is a home rule municipal corporation pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and

   WHEREAS, Chapter 10 of Title 3 of the Warrenville City Code ( “City Code” ) sets forth rules and regulations regarding the operation of businesses within the City; and

WHEREAS, the City desires to amend Chapter 10 of Title 3 to require all businesses within the City to register with the City and require certain businesses to both register and obtain a license; and

   WHEREAS, pursuant to the City’s power under applicable law and the home rule powers of the City, the Mayor and the City Council have determined that it is in the best interest of the City and the public to amend the City Code pursuant to this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF WARRENVILLE, DUPAGE COUNTY, ILLINOIS, AS FOLLOWS:

SECTION 1: Recitals. The recitals listed above are incorporated in this Ordinance as if fully set forth in this Ordinance.

SECTION 2: Amendments to Chapter 10 of Title 3. Chapter 10, titled “Business Licenses,” of Title 3, titled “Business Regulations” of the City Code is amended to read as set forth on Exhibit A, attached to and made a part of this Ordinance.

SECTION 3: Effective Date.  This Ordinance shall be in full force and effect ten days after its passage, approval, and publication in the manner provided by law.

[Signatures and Voting Record on Following Page]

PASSED THIS _5th_ day of __February__, 2024

AYES: Alds: Weidner, Aschauer, Lockett, Barry, Davolos, Wilkie, Augustynowicz, and Kruckenberg

NAYS: None

ABSTAIN: None

ABSENT: None

APPROVED THIS _5th_ day of __February__, 2024.

               __/s/ David L. Brummel_______________

               MAYOR

ATTEST:

__/s/ Julie Clark___________

CITY CLERK

EXHIBIT A

CHAPTER 10
BUSINESS REGISTRATIONS AND LICENSES

SECTION:

3-10-1: Business Registrations and Licenses Required

3-10-2: Applications Generally

3-10-3: Preparing And Filing Forms

3-10-4: Approved Licenses To Bear Signatures Of Mayor And City Clerk

3-10-5: Investigations And Inspections Generally

3-10-6: Admittance Of City Officers Or Employees To Premises For Inspection Purposes

3-10-7: Fees; Exemption

3-10-8: Payment; Disposition

3-10-9: Expiration Notice

3-10-10: Business Applications Or Acts Not Complying With Certain Regulations

3-10-11: Change Of Location Of Business Or Occupation

3-10-12: Revocation Or Suspension Of Licenses

3-10-13: Display, Registration and License

3-10-14: Cash Register

3-10-15: Late Fee

3-10-1: BUSINESS REGISTRATION AND LICENSES REQUIRED:

   A.   It shall be unlawful to maintain, operate or conduct any business or establishment or to do business or engage in any activity or occupation in the City without having first obtained a business registration (and, as applicable, a separate license for certain businesses as required by this Title 3), unless Municipal registration or licensure of the business has been preempted by State law. (Ord. 1959, 1-21-2002)

   B.   Any person shall be subject to the requirement for a business registration (and, as applicable, a separate license license) if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation, solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the City. (Ord. 1082, 3-5-1990)

3-10-2: APPLICATIONS GENERALLY:

   A.   Applications for all registrations, licenses and permits required by this chapter or other ordinance of the City shall be made in writing to the City of Warrenville in the absence of any provision to the contrary. (Ord. 1082, 3-5-1990; amd. Ord. 2111, 1-19-2004)

   B.   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 issuance of the permit or license applied for.

   C.   Any application for a business conducted from a vehicle shall contain the identification number and State license number of said vehicle. (Ord. 1082, 3-5-1990)

3-10-3: PREPARING AND FILING FORMS:

Forms for all licenses, permits and applications therefor shall be prepared and kept on file by the Director of Finance and Information Services. (Ord. 1082, 3-5-1990; amd. Ord. 2111, 1-19-2004)

3-10-4: APPROVED LICENSES TO BEAR SIGNATURES OF MAYOR AND CITY CLERK:

Each license or permit issued shall be approved by the Mayor and bear the signatures of the Mayor and the City Clerk, in the absence of any provision to the contrary.

The Mayor shall be responsible for the approval or denial of a business license application. Upon receipt of the investigatory documents regarding the application, the Mayor may require the applicant to appear at any reasonable time and place for further examination under oath regarding the application. The Mayor's decision with respect to the approval or denial of the application shall be a final decision and is subject to judicial review in the manner provided by law. If approved, the Mayor shall issue the license in a timely manner. (Ord. O2017-48, 8-7-2017)

3-10-5: INVESTIGATIONS AND INSPECTIONS GENERALLY:

Upon the receipt of any application for a business registration, license, or permit where the provisions of this Code or other ordinances of the City necessitate an inspection or investigation before the issuance of such permit or license, such application shall be referred to the proper City official, staff, department or division for making such investigation within two business days of the time of such receipt. Those charged with the duty of making such investigations or inspections shall make a report thereof, favorable or otherwise, within 10 business days after receiving the application or a copy thereof. Such inspections may include on-site inspection of structures or buildings that will be used or occupied by the business for compliance with applicable City Building, Life, Safety and Fire Code requirements. (Ord. O2017-48, 8-7-2017)

3-10-6: ADMITTANCE OF CITY OFFICERS OR EMPLOYEES TO PREMISES FOR INSPECTION PURPOSES:

Whenever inspections of the premises used for or in connection with the operation of a business or operation are provided for or required by provisions of this Code or other ordinances of the City or are reasonably necessary to secure compliance with this chapter or to detect any violation 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. (Ord. 1082, 3-5-1990)

3-10-7: FEES; EXEMPTION:

   A.   Applicable fees are as set forth in the City of Warrenville Annual Fee Ordinance REFERENE

   B.   Each business registration (and license, as applicable) shall expire on the next succeeding December 31 subsequent to its date of issuance. (Ord. 1959, 1-21-2002)

   C.   In cases where two or more separate and distinct businesses are operated from the same address, two or more registrations (and, as applicable licenses) are required.

   D.   Business registrations (and, as applicable licenses) must be visibly displayed on the front door of the business establishment 1 .

   E.   The fee for issuance of a replacement registration or license in the event the original becomes lost, mutilated or destroyed is set forth in the Annual Fee Ordinance..

   F.   The fees set forth hereinabove shall not apply to any corporation existing under State law as a not for profit corporation. In order to claim such an exemption, the not for profit corporation shall submit to the City Administrator a photostatic copy of its charter, showing its State registration number. (Ord. 1082, 3-5-1990)

Notes

 

1	1. See also section 3-10-13 of this chapter.

 

3-10-8: PAYMENT; DISPOSITION:

All fees and charges for registrations, licenses or permits shall be paid in advance at the time of application (Ord. 1082, 3-5-1990; amd. Ord. 2111, 1-19-2004)

3-10-9: EXPIRATION NOTICE:

The City shall mail to all registered and licensed businesses a statement of the time of the expiration at least three weeks prior to the date of such expiration; provided, however, that a failure to send out such notice, or the failure of the business to receive it, shall not excuse the business from a failure to secure a new registration or license or a renewal thereof, nor shall it be a defense in action for operation without a registration or license. (Ord. 1082, 3-5-1990; amd. Ord. 2111, 1-19-2004)

3-10-10: BUSINESS APPLICATIONS OR ACTS NOT COMPLYING WITH CERTAIN REGULATIONS:

No business registration, license, or permit will be issued if the premises and building to be used for such purpose does not fully comply with the requirements of this Code, the Zoning Ordinance, or other ordinances of the City.

No such registration, license or permit shall be issued to any applicant who has falsified any information on the business registration or license application or who has engaged in criminal conduct, past registration or license revocation, prior business-related ordinance violations or other matters which are reasonably related to the purposes of this chapter. (Ord. O2017-48, 8-7-2017)

3-10-11: CHANGE OF LOCATION OF BUSINESS OR OCCUPATION:

The location of any registered business or licensed occupation, or any permitted act, may be changed, provided 10 days' notice thereof is given to the Director of Finance and Information Services, in the absence of any provision to the contrary; provided, that the building, zoning and frontage consent requirements of this Code and other City ordinances are met. (Ord. 1082, 3-5-1990; amd. Ord. 2111, 1-19-2004)

3-10-12: REVOCATION OR SUSPENSION OF REGISTRATIONS AND LICENSES:

   A.   Registrations, permits and licenses issued under the provisions of this chapter may be revoked or suspended by the Mayor of the City for cause after notice and hearing as hereinafter provided.

   B.   Notice of the hearing for revocation or suspension of a business registration or license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing.

No registration or license shall be revoked or suspended, until written notice of violation has been provided by the City. The notice shall set forth the allegations of why the license should be revoked or suspended. Said notice shall be served upon a registration/license holder by delivering the same personally or by delivery to the place of business or residence of the registration/license holder. All registration/license holders shall notify the City within 24 hours of any change of address. If the service of such notice cannot be made in the manner provided herein, a copy of such notice shall be sent certified mail return receipt requested, postage prepaid, to the last known address of the registration/license holder contained in the City's files.

No registration or license issued under this chapter shall be suspended or revoked except after a hearing before the Mayor that would be open for the public to attend and observe with a minimum seven-day written notice to the registrant/licensee affording the registrant/licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provision shall begin the day following deposit of the certified mail with the United States Post Office or by personal service.

The registrant/licensee shall have the right to legal counsel, to present evidence and to cross-examine witnesses. Any registrant/licensee, determined by the Mayor after the hearing to have committed one or more violations of subsection C of this section, shall be immediately subject to suspension or revocation of its business registration and license.

Judicial review, in the manner provided by law, shall apply to all orders of the City which revoke or suspend any registration and license, as provided for in this chapter.

   C.   A business registration and license may be revoked or suspended after a hearing before the Mayor that would be open for the public to attend and observe if it is found that:

      1.   The registrant/ licensee has violated any provisions of this chapter.

      2.   The registrant/licensee has violated any terms or provisions of this title which serve to regulate operation of the particular type of business engaged in by the registrant/licensee.

      3.   Any employee of the registrant/licensee has engaged in any conduct at the registrant/licensee's premises which violates any terms or provision of this title which serve to regulate operation of the particular type of business engaged in by the registrant/licensee and which the registrant/licensee knew, or by due diligence should have known of.

      4.   Fraud, misrepresentation, or false statement made in the course of carrying on the business.

      5.   Conviction of the registrant/licensee, operator or manager of any crime, felony or misdemeanor committed on the business premises, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.

      6.   Conviction of any customer of any crime, felony or misdemeanor committed on the business premises with the sufferance of permission of the registrant/licensee, operator or manager, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.

      7.   Any applicant for a business registration or license has made a false statement on the application.

      8.   A registrant or licensee has refused to allow any duly authorized police officer or other City enforcement officer to inspect the business premises.

      9.   A registrant or licensee has failed to correct City identified violations of Building, Health, or Fire Codes on the business premises in a timely manner.

      10.   The registration/license holder has committed an act(s) of fraud or deceit in the application for license, or renewal thereof.

      11.   The registration/ license holder has committed an act of fraudulent, false, misleading or deceptive advertising, or other acts of fraud while operating the business.

      12.   A registration/ license holder is delinquent in payment to the City for ad valorem taxes and other taxes related to the business.

      13.   No registered and licensed business or establishment shall be so conducted or operated by the registrant/licensee as to constitute a breach of the peace or nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof, shall be used, kept, maintained, or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. (Ord. O2017-48, 8-7-2017)

3-10-13: DISPLAY, REGISTRATION AND LICENSE:

The registration and license must be posted on the cash register, or in a prominent place in the view of the public 1 . (Ord. 1082, 3-5-1990)

Notes

 

1	1. See also subsection 3-10-7D of this chapter.

 

3-10-14: CASH REGISTER:

It shall be the duty of any person conducting a registered business in the City to have any cash register so situated in said business so as to enable customers to view prices as rung up on said cash register. The purpose of this section is to permit customers of said business to view the cash register while their purchases are being registered. (Ord. 1082, 3-5-1990)

3-10-15: LATE FEE:

A late fee, the amount of which is set forth in the Annual Fee Ordinance, shall be assessed for any registration or renewal application filed after the due date for such application (December 1): (Ord. 1120, 9-17-1990)