Chapter 5-02
BUSINESS LICENSES GENERALLY
Sections:
5-02-060 Termination of licenses.
5-02-065 Suspension, revocation, or refusal to issue a business license for nonpayment.
5-02-070 Building and premises.
5-02-075 Minimum insurance requirements.
5-02-100 Nuisances—Hours of operation for alcohol-related businesses.
5-02-102 Cooperation with the police.
5-02-103 Sale of items outside of manufacturer’s packaging.
5-02-104 Operation of business outside of building.
5-02-140 Provisions regulatory.
5-02-160 General business license.
5-02-170 Penalties for operating without a license or in violation of municipal code.
5-02-010 Applications.
Applications for all licenses and permits shall be made in writing to the clerk in the absence of a provision 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 officials in the issuing of the permit or license applied for, and no permit or license shall be issued until the applicant shall have furnished all information requested by the clerk or other official and all other provisions of this code in respect thereto have been complied with. Business license applicants shall apply for their license renewal applications and provide all required information and fees annually by April 30th. If complete information is provided, the city will act on the license applications within thirty (30) days. If the city fails to act on a completed license renewal application within thirty (30) days, the license will continue in effect until the city acts on the license renewal application. (Ord. 3454 § 1, 2022; prior code § 5-1-1)
5-02-020 Forms.
Forms for all licenses and permits, and all applications therefor, may be prepared and kept on file by the clerk. (Prior code § 5-1-2)
5-02-030 Signatures.
Each license or permit issued shall bear the signatures of the mayor and the clerk in the absence of any provision to the contrary. (Prior code § 5-1-3)
5-02-040 Investigations.
Upon receipt of an application for a license or permit where the provisions of this code necessitate an inspection or investigation before the issuance of such permit or license, the person to whom said application is made 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, in writing, within ten days after receiving the application or a copy thereof. (Prior code § 5-1-4)
5-02-050 Fees—Generally.
In the absence of a provision to the contrary, all fees and charges for licenses or permits shall be paid in advance to the clerk at the time of application; and when application for an annual license is made after the expiration of six months of the current license year, the license for the remainder of the year shall be issued upon the payment of one-half the annual fee. (Prior code § 5-1-5)
5-02-060 Termination of licenses.
A. All annual licenses shall terminate on the last day of the fiscal year where no provision to the contrary is made.
B. The clerk shall mail to all licensees a statement of the time of expiration of the license held by the licensee, if an annual one, three weeks prior to the date of such expiration; provided, that a failure to send out such notice, or the failure of the licensee 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 for operation without a license. (Prior code § 5-1-6)
5-02-065 Suspension, revocation, or refusal to issue a business license for nonpayment.
A. No initial or renewal license shall be issued to any person if:
1. Such applicant has any outstanding fees, fines, assessments, penalties or taxes owed to the city for which the period granted for payment has expired; or
2. If the premises to be licensed has past due and/or delinquent real estate taxes for such property, unless the property is exempt from taxation.
B. The licensee and the licensed premises must meet the eligibility requirements for an initial or renewed business license throughout the license term. The city may suspend or revoke a business license if the licensee or the licensed premises fails to maintain eligibility for a business license.
C. If the initial or renewal license is denied for reasons stated hereunder, the license or renewal applicant may appeal such a decision pursuant to the hearing procedures in Section 5-02-120. (Ord. 3484 § 3, 2024; Ord. 3458 § 1, 2022)
5-02-070 Building and premises.
No license shall be issued for the conduct of any business, and no permit 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 provisions of this code. (Prior code § 5-1-7)
5-02-075 Minimum insurance requirements.
In addition to the requirements of the aforesaid act, the applicants shall maintain sufficient insurance to protect the interests of patrons and the community. All insurance shall be placed in financially responsible companies that are authorized under the insurance laws of the state of Illinois to do business in the state of Illinois. A certificate evidencing said insurance shall be furnished to the local liquor commissioner. Minimum coverage shall include the following types of insurance in the following amounts:
A. Comprehensive public liability: including dram shop, not less than one million dollars ($1,000,000.00) per occurrence.
B. Workers’ compensation and employee liability: as required by the Illinois Workers’ Compensation Act, as may be amended from time to time, and other applicable statutes. (Ord. 3411 § 1, 2020; Ord. 2942 § 1, 1995)
5-02-080 Change of location.
The location of any licensed business or occupation, or any permitted act, may be changed provided ten (10) days’ notice thereof is given to the clerk, in the absence of any provision to the contrary; provided that all the building, zoning and frontage consent requirements are complied with. (Prior code § 5-1-8)
5-02-090 Frontage consents.
A. Whenever the consent of adjoining or neighboring owners is required as a prerequisite to the conduct of any business or occupation, or the location of any establishment, such consents must be obtained by securing the necessary signatures to a written consent petition. Such petition shall be filed with the clerk when signed.
B. Consents once given and filed shall not be withdrawn; and such petitions need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not.
C. It is unlawful to forge any name to such a petition, or to falsely represent that the names thereon have been properly placed thereon if such is not the fact.
D. Each consent when filed shall be accompanied by the affidavit of the person securing the signatures that each signature appearing thereon was properly secured and written on; and that the petition contains the necessary number of signatures required by this code.
E. The frontage consent requirements contained in this code shall not be construed as amending or changing any zoning provision; and no such provision shall be construed as permitting the erection of a structure or building, or the conduct of a business, or the commission of any act in any location where such structure, building, business or act is or are prohibited by any zoning provision or section of this code. (Prior code § 5-1-9)
5-02-100 Nuisances—Hours of operation for alcohol-related businesses.
A. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
B. No business that sells, services, or permits alcoholic liquor to be consumed, either on premises or off premises, shall be open to the public or otherwise serve patrons between the hours of midnight and eight a.m. In addition to being in violation of this code, any business found operating between the hours of midnight and eight a.m. shall also constitute a public nuisance. In addition to all other remedies available at law or in equity, including, without limitation, imposing penalties in accordance with Section 5-02-170, the city may take any action authorized by law to abate such nuisance. (Ord. 3376 § 2, 2019: Ord. 3316 § 2 (part), 2015: Prior code § 5-1-10)
5-02-102 Cooperation with the police.
Every person who has a license under this chapter shall cooperate fully with the police in suppressing illegal, disorderly and/or violent conduct, including but not limited to: assisting the police in obtaining the names and addresses of any perpetrators or witnesses to such illegal, disorderly, and/or violent conduct; cooperating in the prosecution of offenders, including by signing complaints; and performing any other acts as deemed necessary by the city from time to time to ensure order is maintained in and around the licensed premises. (Ord. 3442 § 1, 2021)
5-02-103 Sale of items outside of manufacturer’s packaging.
A. No business shall sell or trade items or products for sale outside of the manufacturer’s intended packaging for such items to be sold. No items or products shall be removed from the manufacturer’s packaging to sell or trade such item or product, or any portion thereof, as individual or separate items or portions when the manufacturer packaged such items or products to be sold as a closed integral package.
B. The sale or trade of items or products for sale outside of the manufacturer’s intended packaging for such items to be sold, as is prohibited herein, shall be viewed as a separate violation for each item or portion sold as an individual item or portion. (Ord. 3203 § 1, 2008)
5-02-104 Operation of business outside of building.
No business shall conduct business of any kind in any location that is (A) outside of the building in which it operates and (B) on any property that abuts a public way. For purposes of this section, “conduct business” means to provide services, sell goods, or store or display items for sale or use in conducting business; and “public way” does not include alleys. (Ord. 3425 § 1, 2021)
5-02-105 Records.
Each person or persons who shall operate a business within the city that is engaged in recycling materials and purchases materials from members of the general public shall be required to keep accurate records of materials purchased and sold. Said materials purchased include, but are not limited to, aluminum, metal and steel. Each person engaged in such recycling business shall keep an inventory record, showing each item purchased with a description of the item, the price paid and the name and address of the person selling the item to the person or persons engaged in the recycling business. The record will also show each item sold with the price for which it was sold and the name and address of the person buying it from the person or persons engaged in the recycling business. The records required by this section shall not be open to the public but shall be required to be shown to any enforcement officer of the city upon presentation of identification. The inventory record required by this section shall be retained by the person or persons engaged in the recycling business for a period of three years. (Ord. 2935 § 1, 1995)
5-02-110 Inspections.
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 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 such 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 provision or to detect violations thereof, it shall be the duty of any licensee 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 who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection, or take an adequate sample of the desired 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. (Prior code § 5-1-11)
5-02-120 Suspensions of license and hearings on license violations, fines, suspensions, and/or revocations.
A. The mayor as issuer of business licenses and as the liquor control commissioner for the issuance of liquor licenses shall have the power to designate a qualified hearing officer, an attorney licensed to practice law in the state of Illinois, in his stead, to act for the mayor in imposing license suspensions for violations of the terms of the license and to hear and rule upon all issues of license violations, fines, suspensions and revocations of any and all sorts as provided for in this title and the city’s municipal code.
B. Any license or permit issued under this chapter or any amendments thereto may, by the mayor, or his designated hearing officer, be suspended for a period of time not to exceed thirty (30) days or less, or it may be revoked indefinitely for any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, subject matter of the license or permit, to the premises occupied, or for activities being carried on at the premises that do not fall within the purview of the license or permit granted.
C. Within three (3) days after the suspension period of the license or permit has expired, or within ten (10) days of the initial revocation of the license or permit, the mayor, or his designated hearing officer, shall give notice to the holder or holders of the license or permit that a hearing will be held at a designated hour at the City Hall to hear evidence and take testimony relative to the facts and circumstances surrounding the suspension or revocation; and a decision shall be rendered by the mayor, or his designated hearing officer, regarding the reinstatement, the impositions of fines, and/or the permanent revocation of the suspended or revoked license or permit within five (5) business days following the hearing. Suspension or revocation of a license or permit may be in addition to any fine imposed under other provisions of this code. If the mayor, or designated hearing officer, fails to take steps to hold a hearing, the suspended or revoked license or permit shall be automatically reinstated following the period of the initial suspension. The temporary suspension shall take effect the day following the receipt by the licensee or permittee of a letter sent from the office of the mayor by certified mail setting forth the reasons for the suspension and the period of such suspension. Notices for hearing shall be sent by the office of the mayor by certified mail to the licensee or permittee. The notices required under this section may be made by personal delivery to the licensee or permittee with an acknowledgement of receipt by the licensee or permittee. (Ord. 3203 § 2, 2008: prior code § 5-1-12)
5-02-130 Posting license.
It shall be the duty of any person conducting a licensed business to keep his license posted in a prominent place on the premises used for such business at all times. (Prior code § 5-1-13)
5-02-140 Provisions regulatory.
All provisions of this code pertaining to the licensing of businesses are declared to be regulatory provisions. (Prior code § 5-1-14)
5-02-150 Enforcement duties.
It shall be and is declared to be the duty of the mayor and all employees under him or such other department or employees, as the case may be, to see that the various businesses licensed by the city be regulated and operated in a manner to the best interest of the public, and that all provisions of the code are duly enforced. (Prior code § 5-1-15)
5-02-160 General business license.
A. All persons who conduct, engage in, maintain, operate, carry on or manage a business, trade, profession, or occupation for which a license is not required under any other provision of this code, other than those businesses, trades, professions or occupations which are exclusively licensed by the state and for which home rule licensing authority has been preempted, shall be required to make application to the city and obtain a general business license for such business or occupation. An annual fee shall be paid for a general business license under the following fee schedule:
|
Number of Employees |
Amount |
|---|---|
|
1—7 |
$200.00 |
|
8—14 |
$350.00 |
|
15—21 |
$500.00 |
|
22—29 |
$650.00 |
|
30+ |
$900.00 |
B. The term employee shall include the owner of the business and any members of his family who may work in the place of business as well as all full or part time employees. (Ord. 3476 § 2, 2023; Ord. 3316 § 2 (part), 2015; Ord. 3221 § 1, 2009; Ord. 2648 § 1, 1990: Ord. 1921 (part), 1972: prior code § 5-1-16)
5-02-170 Penalties for operating without a license or in violation of municipal code.
A. Every person who operates a business without a license as required by this chapter, or who opens a business for the purpose of operating a business, shall be fined not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) for each day he operates such business without a license, or if the door is opened for the purpose of operating a business. This penalty shall be in addition to any other penalty provided under the municipal code.
B. Every licensed business which operates in violation of the business’s license restrictions, or which violates a provision of the municipal code in the operation of the business, shall be fined not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) for each violation. This penalty shall be in addition to any other penalty provided under the municipal code. (Ord. 3203 § 3, 2008: Ord. 2150, 1978)