HomeMy WebLinkAboutOrd 6471 09/17/2019 Amending Chapter 11 - Merchants, Businesses, Occupations and Amusements ORDINANCE NO. 6471
AN ORDINANCE AMENDING CHAPTER 11, "MERCHANTS, BUSINESSES,
OCCUPATIONS AND AMUSEMENTS," AND APPENDIX A OF THE
VILLAGE CODE OF MOUNT PROSPECT ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS:
SECTION 1: Subsection A of Section 11.3003, "Eligibility for License," of Article
XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses, Occupations and
Amusements," of the Mount Prospect Village Code shall be amended as follows:
License shall be issued only to bona fide religious, charitable, labor, fraternal,
educational.,of veterans' or not-for-profit organizations that operate without profit
to their members and have been in existence for a period of five (5) years
immediately before making application for a license and which have had during
the entire five (5) year period a bona fide membership engaged in carrying out
their objects.
SECTION 2: Subsection A of Section 11.3004, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
as follows:
An application for a license to conduct a raffle pursuant to this article shall be
made to the village +reamer manager on the forms provided by his or her office.
A separate application shall be submitted for each license which is sought.
SECTION 3: Subsection B(7) of Section 11.3004, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
by deleting the third sentence of this subsection and replacing it with the following:
The president and board of trustees may waive this bond requirement for any
given license provided they are presented with certification of the affirmative vote
of the requisite number of the members of the applicant organization, or, if the
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applicant organization does not have members, of members of the governing
board of the organization, to constitute an affirmative action of the applicant
organization, that no bond be required.
SECTION 4: Subsection B(8) of Section 11.3004, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
as follows:
The area or areas WW*A4he4Mta:ge ieh where raffle chances shall be sold or
issued, the time period during which raffle chances shall be sold or issued, the
time or times of determination of winning chances and the location or locations at
which winning chances in the raffle will be determined.
SECTION 5: Subsection C of Section 11.3004, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
by adding the following:
A license holder that, at the end of the time limit set forth in subsection D of
section 11.3006 of chapter 11, seeks to extend the license beyond the time limit
shall pay an additional nonrefundable fee in the amount set forth in appendix A,
division II of this code. Further, a license holder that seeks to extend the duration
of its license beyond the time limit set forth in subsection D of section 11.3006 of
chapter 11 shall provide an additional fidelity bond in the amount set forth in
appendix A, division I of this Code.
SECTION 6: Subsection B of Section 11.3004, "Application for License
(Raffles)," of Chapter 1, "Merchants, Businesses, Occupations and Amusements," of
Appendix A, Division I, "Bonds, Salaries, Insurance and Miscellaneous," of the Mount
Prospect Village Code be amended by adding the following:
7. Fidelity bond: $1,000.00. If a raffle license holder wants to issue or sell
chances for a single raffle for more than 120 days, it shall provide an
additional fidelity bond of$5,000.00.
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SECTION 7: Subsection C of Section 11.3004, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of Appendix A, Division II, "Fees, Rates and Taxes," of
the Mount Prospect Village Code shall be amended by adding the following:
Nonrefundable application fee: $25.00. If, at the end of 120 days, a raffle license
holder wants to extend the license in order to continue issuing or selling chances
for a single raffle for up to, but no more than, 54 weeks, it shall pay an additional
nonrefundable fee of$250.00.
SECTION 8: Subsection D of Section 11.3004, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
as follows:
The village mana er or designee shall act upon an application
for a license within thirty (30) days of receiving a complete application.
SECTION 9: Subsection D of Section 11.3006, "Conduct of Raffles," of Article
XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses, Occupations and
Amusements," of the Mount Prospect Village Code shall be amended by adding the
following:
If, at the end of 120 days, a license holder wants to continue issuing or selling
chances for a single raffle for a period up to, but not more than, 54 weeks, it shall
pay the additional nonrefundable fee and provide the additional fidelity bond
required by subsection 11.3004 C, above.
SECTION 10: Subsection F of Section 11.3006, "Conduct of Raffles," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
as follows:
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No person except a bona fide director, officer, employe or member of the
licensee organization may manage or participate in the management GP-Gpefatien,
of the raffle.
SECTION 11: Subsection G of Section 11.3006, "Conduct of Raffles," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be deleted
and replaced with the following:
No person may receive any remuneration or profit for managing or participating
in the management of the raffle. Licensee organizations may contract with third
parties who, acting at the direction of and under the supervision of the licensee
organization, provide bona fide services to the licensee organization in
connection with the operation of a raffle and may pay reasonable compensation
for such services. Such services include the following: (a) advertising, marketing
and promotion, (b) legal, (c) procurement of goods, prizes, wares and
merchandise for the purpose of operating the raffle, (d) rent, if the premises upon
which the raffle will be held is rented, (e) accounting, auditing and bookkeeping,
(f) website hosting, (g) mailing and delivery, (h) banking and payment
processing, and (i) other services relating to the operation of the raffle.
SECTION 12: Subsection H of Section 11.3006, "Conduct of Raffles," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of the Mount Prospect Village Code shall be amended
as follows:
A licensee may rent a premises on which to determine the winning chance or
chances in a raffle o Ny ;.,.-m 4 t:•
rovided that the rent is not determined as a percentage of receipts or profits,
from the raffle.
SECTION 13: Subsection I of Section 11.3006, "Conduct of Raffles," of Article
XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses, Occupations and
Amusements," of the Mount Prospect Village Code shall be deleted and replaced with
the following:
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Raffle chances beyond the borders of the village. Winning chances may be
determined only at those locations specified on the license.
SECTION 14: Subsection A of Section 11.3006, "Conduct of Raffles," of Article
XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses, Occupations and
Amusements," of Appendix A, Division I, "Bonds, Salaries, Insurance and
Miscellaneous," of the Mount Prospect Village Code shall be amended by adding the
following:
A. $50,000.00, unless the license holder extends the raffle beyond 120 days by
paying an additional fee to the Village and providing an increased fidelity
bond, in which case the aggregate value of all prizes or merchandise
awarded in a single raffle may exceed $50,000.00.
SECTION 15: Subsection B of Section 11.3006, "Application for License," of
Article XXX, "Raffles and Chances," of Chapter 11, "Merchants, Businesses,
Occupations and Amusements," of Appendix A, Division I, "Bonds, Salaries, Insurance
and Miscellaneous," of the Mount Prospect Village Code shall be amended by adding
the following:
B. $50,000.00, unless the license holder extends the raffle beyond 120 days by
paying an additional fee to the Village and providing an increased fidelity
bond, in which case the retail value of any prize awarded in a single raffle
may exceed $50,000.00.
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SECTION 16: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
AYES: Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: Grossi
PASSED AND APPROVED this 17th day of September, 2019.
EIVi Hatzis, NYayor Pro-Tem
ATTEST:
Karen Agoranos, Wiage Clerk
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