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HomeMy WebLinkAboutOrd 2302 04/27/1971 ORDTIJANCE NO. 2302 AN ORDTIJANCE AOOPl'ING THE 1971 LICENSING CODE BE IT ORDIANED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF r.10UNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That O1.apter 10 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further arrended in its entirety, deleting the entire Chapter 10 regarding licenses and per- mits and substituting therefor the following Chapter 10 regarding licensing procedures; so that the said Chapter 10 shall hereafter be and read as follows: "CRAPIER 10 - LICENSING ARTICLE I - Applications Section 10.101. Procedure on Application. In absence of provisions to the contrary or except as may be specifically provided elsewhere in this Municipal Code, applications for all licenses required by ordinance shall be made in writing to the Village Clerk on the form provided by the said Clerk's Office. Section 10.102. APhlication Form. rrhe form on which any application for sue license designated in Section 10.101 above shall require the following information: A. Name of applicant. B. Whether the applicant is an individual, a co-partnership, or a corporation. C. If an individual, the residence and business actresses of the applicant. D. If a co-partnership, the name (s), age (s ), and address (es ) of the persons entitled to share in the profits thereof. E. If a corporation, the state and date of incorporation. F. If a corporation incorporated in a state other than the State of Illinois, the date such corporation qualified mder the Illinois Business Corporate Act to transact business in Illinois. G. If a corporation, the names, addresses, birthdates, and social security numbers of all officers and directors. H. rrhe type of license desired. 1. Length of time for which such license is desired. Jl II II r II n II II 11 II i;I I" n I" q ) ~ Ii Ii i! II Ii H " 1 ~ 11 jl II !I Il I! II II II 11 II' I L \l Ii i! II II jl i I i j- II I' II II Ii il !l II II .. II Ii l\ II II ,. !\ I, j ~ ii J. A statement as to whether the applicant has been granted in the past such a license from the Village of Mount Prospect; if none, then a statement as to such licenses granted by other municipalities in Illinois within the preceding two year period, if no licenses have been granted in Illinois in the two year period preceding the application then a statement as to licenses granted by any state, other municipality, governing body, or licensing authority. If not an application for renewal of license, also: A statement as to whether any such authority has ever revoked or refused to issue or renew such a license either to the applicant or to the organization he represents and an accurate statement as to the reasons for any such revocation or refusal. K. A staterrent as to whether the applicant seeking such a license has ever been convicted of a felony and,if so the nature of the offense and the punishment or penalty assessed therefor. L. Whether a surety bond, if required by other ordinance, accompanies such application at the time of filin~ this form. ARrICLE II - Issuance Section 10.201. Issuance of License. "ltJithin thirty (30) days of the receipt of any license application properly filled out on a form designated in Article I of this Chapter, the Village Clerk is hereby authorized to grant, or renew any license contemplated under Section 10.101 of this Chapter for any period of time not exceeding one (1) year to any applicant applying therefor on a form provided by the said Village Clerk, as specified in Art icle I of this Chapter, and upon payment by the applicant of the appropriate fees and/or bond as may be required elsewhere in this Municipal Code. Section 10.202. Investigation. rrhe Health Inspector shall make or cause to be made an investigation in regard to such licenses to be granted in 'connection with all health matters - including the care and handling of food - - for the prevent- ion of nuisances and the spread of disease. Section 10.203. Signatures. Each such license contemplated in this Chapter shall bear the signature of the Village President and the Village Clerk. Section 10.204. Termination of License. All annual licenses shall terminate on the last day of April following the date of issuance, where no provision is made to the contrary. I I m'_' ___..1__, ARTICLE III - Revocation or Denial Section 10.301. Procedure. Any such license contemplated under Article I of this Chapter may be revoked by the Village Manager, or an application for issuance or renewal of such license may be refused by the Village Clerk if either determines. after notice and hearing: A. That the appl~cation of the applicant or license holder contains any false, fraudulent, or misleading material statement; or B. rrhat the applicant or license holder has made any , false, fraudulent, or misleading material statement, or has been convicted of perpetrating a fraud upon any person - - whether or not such fraud was perpetrated in the course of conducting any business in the Village of Mount Prospect; or that the applicant or license holder has committed a felony; or C. That the applicant or license holder has conducted any activities directly related to his business in the Village of Mount Prospect in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general wel fare of the public. Section 10.302. Notice of Hearin.,. Notice of the hearing provided or in Section 10. 01 above shall be given in writing to the applicant or license holder as the case may be. A. Such notice shall be mailed, postage prepaid, to the applicant or license holder as the case may be at his last known address at least five (5) days prior to the date set for hearing. B. The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. Section 10.303. Appeal Procedure. Any applicant aggrieved by the action of Village Officials in refuSing to issue any license or in revoking any license already issued shall have the right to appeal to the President and Board of Trustees of the Village of Mount Prospect. A. Such appeal shall be taken by filing with the Board, or person desi@1ated by it , within fourteen (14) days after notice of the action complained of has been mailed, postage prepaid to such individual's last kno\'.Jl'1 address, a written staterrent setting forth fully the grounds of appeal. B. The President and Board of Trustees shall set a tirre and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 10.302. C. rrhe appellant ,_ shall have the right to be represented at such hearing by counsel. D.The decision and order of the Board on such appeal shall be final and conclusive. E. No license shall be revoked during the pendancy of an appeal before the President and Board of Trustees of the Village of Mount Prospect, nor while litigation is pending in any court challenging the Board's actions, nor while any appeal is pending from any court's action over-riding or reversing the Board's action, nor during the titre within which such appeal from a court's action can lawfully be taken. Section 10.304. Building and Premises. No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act, if the premises and building to be used for the purpose do not fully comply with the require- ments of the ordinances of the Village. No such license or perrnit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinances of the Village. Section 10.305. Change of Location. The location of any licensed business or occupation, or of any permitted act, may be changed provided ten (10) days 'notice thereof is given to the Village Clerk, in the absence of any proviSion to the contrary, provided that the building, zoning and frontage consent req.p.rements of the ordinances are complied with. Section 10.306. Non-Transferability and Term of Licenses. A. No license issued mder this Chapter shall be transferred or assigned or used by any person other than the one whom it is issued, or at any lcoation other than the one for which it is issued. B. Unless otherwise specified in this Municipal Code, all annual licenses issued pursuant to this Chapter shall terminate on April 30 follow:ir1g such issuance. II SECl'ION TWO: That all other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION THREE: That the Village Clerk be and is hereby directed to publish the foregoing Licensing Code in pamphlet form, pursuant to the Statutes of the State of Illinois. made and provided. SECl'ION FOUR: rrhat this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 6 NAYS: 0 PASSED AND APPROVED this 27th day of Aplril, 1971. , ,'/" /,-- ~" ,.. ./o,{/ ''':: /"'" //' > ,.... /,:' ~~",...~~_ ~J y' , /.~ /. A-~'/ "" ~ /// ,~- ....-- ~.,'~ -~ ... -",,/.... / ---:?'<.-ce;. __ r-- --:-- _<~e~'~~r' Village President ATTEST: d4.v~~~ Village Clerk