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.
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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.
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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.
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---:?'<.-ce;. __ r-- --:-- _<~e~'~~r'
Village President
ATTEST:
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Village Clerk