Loading...
HomeMy WebLinkAbout6.4 1st reading of an AN ORDINANCE STRIKING CHAPTER 10, “LICENSES AND PERMITS,” REPLACING CHAPTER 11, “MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS” IN ITS ENTIRETY AND AMENDING APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOISMr�GauC �'d'+rt;�iect Subject Ist reading of an AN ORDINANCE STRIKING CHAPTER 10,, -LICENSES AND PERMITS," REPLACING CHAPTER 11, "'MERCHANTS, OCCUPATIONS IN ITS ENTIRETY D AMENDING OF • OF • PROSPECTr ILLINOIS Meeting REGULAR PROSPECT VILL.O. Fiscal Impact Dollar Amount Budget Source Category CONSENT AGENDA Type Consent T,.TZ.T r W. Chapter 10 of the Village Code outlines business license application requirements and revocation, while Chapter 11 of the Village Code regulates all types of businesses as well as other licensed uses such as raffles, contractors, and the like. It's through Chapters 10 and 11 the Village is able to require businesses to have a business license, and, in certain circumstances, adds additional regulation to certain business types. There is need for both Chapters 10 and 11 to be modernized. Half of the forty-one Articles in Chapter 11 have not been updated since 1986. In addition, some policies outlined in the chapters are no longer followed as exactly stated in the code. For example, the processing of licenses is handled through the Community Development Department, not Village Administration/Village Clerk's office as indicated in Chapter 10. The ultimate goal of the amendments is to provide Code which: • Standardizes the business license process, making it clear and easy to follow • Reflects today's business environment with regard to both regulations and fees. An overview of the proposed amendments was presented to the Village Board at the 1 November 8, 2022 Committee of the Whole meeting. Since that time, staff has worked internally and with the Village attorney to finalize the language within Chapter 11, as well as Appendix A Division II and Division III, which were impacted by the amendments to Chapters 10 and 11. Assessment and Approach As is typical of code amendments, a redline document of the entire Chapter 11 was completed, with commentary to track reasoning. As Chapter 10 "Licenses and Permits" deals exclusively with the licenses of Chapter 11, these two Chapters are proposed to be combined. As with all Village Code amendments, the information in the Code should not be modified "in a vacuum"; various departments were included in the revision review to validate current processes and protect against future language or enforcement conflicts. In addition, comparison research was completed on business regulations with comparable nearby communities (Arlington Heights, Des Plaines, Palatine, and Schaumburg). Finally, the redline document was reviewed by the Village's legal counsel to ensure the proposed amendments are acceptable. Terminology For the purpose of this memo, it is important to understand the following terms as they relate to the proposed amendments. • Business License: Businesses which fall within a Class I or Class II license, and are not Business Certificates. • Class I: Class I businesses are any business, excluding home occupations as defined in Chapter 14 of the Village Code, and of which do not utilize more than 10% of the gross floor area of the business to store food or beverages, or require health inspections to ensure proper sanitation measures are followed. • Class II: Class II establishments, as designated in this code, shall receive all inspection services including health inspections. Class II businesses include any Class I business use with ten percent (10%) or more of the establishment's gross floor area devoted to the sale and/or storage of food and/or beverages, or any business utilizing kitchen or bath facilities which serve the public and require proper sanitation measures be followed to protect public health and safety. • High Hazard: Any Class I or Class II business which uses hazardous materials and/or processes in operation of said business; A "high hazard business" shall be defined by the standards in the international building code, use group H - high hazard buildings, or by order of the Fire Chief. • Business [Inspection] Certificate: Businesses that are also licensed by the Illinois Department of Financial and Professional Regulation. These businesses still receive inspections, same as a Class I license. • Addendum: Additional forms, submissions and fees that must be paid for certain business uses, such as tobacco sales or massage therapy. • License Sub -Types: As noted above, there are Class I, Class II, and Business Certificate license types. However, due to the Village's fee structures for each of these types, and the addition of High Hazard or Addendums, the Village currently has one hundred eleven (111) business license sub -types. There is a fee associated with each type. Examples are "Class I businesses 10,000 to 19,999 SF" (in floor area) or "Auctioneers Daily License". The proposed redline and fee schedule adjustment would eliminate over half of these unique license types. 2 There are many edits to the chapter which fall into one of the categories noted below. If the article seems to fall into one or more of these themes, it is proposed to strike the article in its entirety. • "Reiterates the Business License Process". There were several articles which only outlined the need for that type of business use to receive a license prior to operation. This lends to the thought that, perhaps prior to the 1980s, the Village did not require all businesses to receive a business license. That is not the case today, therefore, these articles have been struck in their entirety. • "Not Enforced or No Longer Needs Enforcement". These uses are either not permitted by the Village (per zoning) or the method of enforcement suggested in the code is so outdated it is no longer practical. • "Requires a Conditional Use". Uses that require a conditional use per the zoning code are regulated through that approval process; any additional restrictions on the business operations can and should be addressed via the conditional use ordinance. • "Enforced by Other Entities': Some business uses are regulated by the State of Illinois and their various sub -agencies such as the Department of Health. The downside to referencing State or County requirements in the Village Code is, when the State or County update these, our code immediately becomes outdated. It is best to let these regulations stand on their own, as all businesses must comply with certain state and county requirements. The Elimination of a "Business Certificate". The most commonly issued license types in the Village are Business Licenses, followed by Business Certificates. The difference between the two is that Business Certificates are issued to those business uses that are further licensed by the State of Illinois (i.e. architectural firms, dentists). Staff is proposing to eliminate the Business Certificate license type - these uses would now be issued a Business License. The difference between "Licenses" and "Certificates" is not easily distinguishable; the applicant often does not easily understand which license application they should submit (or fee they should pay). Also, of our nearby comparable communities, it appears the Village is the only municipality that separates licenses in this manner. There would be an increase in annual fees for current Business Certificate holders with this proposed change - however, the Village has not raised any business license fees since 1986, and the fees would not be out of line with comparable communities. The Creation of a "Short Term Merchant" License. This category addresses businesses which operate for a set period of time, such as Christmas tree sales, auctioneers, or (for-profit) carnivals. The proposed duration cap for short term merchants is 120 days maximum operation; anything longer than 120 days would require a standard business license. These business uses are currently issued their own unique license type in the code and fee schedule. By creating a Short Term Merchant KI category, the Village is able to simplify the code and application process, as well as the license fee structure. Elimination of the "Coin -in -Slot Devices" License Requirement. In addition to a business license, there are a few addendums that the Village Code requires in certain circumstances. Massage therapy, vending machines, tobacco sales, and security alarms currently have additional paperwork and fees associated with their business uses. Of these, staff is proposing to eliminate "coin -in -slot devices" (Article VII of the current code), also referred to as the Vending Machine addendum. Currently, if a business has either a publicly accessible or private vending machine on site, it must be licensed. The elimination of this section does not prevent the Village from enforcing location requirements, nor does it alter the video gaming regulations in place in any way. The Village currently collects $4,950 in annual revenue for 173 machines. The practical reality is that there are many unlicensed machines, some of which may be inaccessible to the public (such as in break rooms of private businesses). It would be overly burdensome on staff to inspect all businesses for compliance with this regulation considering the amount of revenue generated. Note that vending companies - the businesses that stock these machines - would still require a business license. Promotional Events Strategy There are references in Chapter 11 to certain types of Special Events, such as Carnivals and Circuses, and the requirement for "Promotional Events" in Section 11.28. Some events, particularly retail -oriented like pop-up shops and similar, would be covered under a new section of "Short Term Merchants". However, events like the Lions Club 4th of July Festival, Oktoberfest, and similar events are not clearly covered by one specific section of the code. Staff has begun a review of the code to look at these types of events in a broader manner than under the context of Chapter 11. Note that Chapter 23, "Miscellaneous', also includes Special Event regulations, including popular ones such as parades. This analysis not only helps creates a set policy for all organizations to follow, but also allows the Village to greater understand the costs of these events. This review is also included as an Action item in the Village's 2022-2023 Strategic Plan. These sections of Chapter 11 are relatively modern and require little redlining. • Contractors (Licensing) • Massage Establishments • Sale of Tobacco Products • Raffles and Chances • Solicitors (now a stand-alone article) • Conflicts with Certain Home Rule County Ordinances These articles would simply be renumbered as necessary, with minor text changes as included in the attached redline. 4 Every license sub -type as a fee associated with it; as previously mentioned, there are currently 111 ways to calculate a license fee. By far, the most common license type is a standard "Business License" (with 1,030 licenses being issued in 2022). There were 189 Business Certificates issued, and a handful of other license types such as Massage Therapy and Vending Machine Company. Note that non -profits are exempt from license fees; 61 licenses were issued to non -profits in 2022. With the proposed elimination of Business (Inspection) Certificates, and the creation of Short -Term Merchant licenses (which encompasses many unique license types like Auctioneers or Christmas Tree Sales), results in a need to modify Appendix A, Division II "Fees, Rates and Taxes" portion of the Village Code. In addition, the fees for all licenses listed in/associated with Chapter 11 have not been increased since 1986. As a result, the Village's fees are significantly lower than neighboring communities, and it would be wise for the Village to increase the fees to reflect the current economic environment. Timing is such that any fee increases would not take effect until 2024's license year. In order to have the least amount of impact on businesses financially and still attempt to modernize license fees, the following amendments are proposed: • Add a new license classification for businesses in the 2,500 - 4,999 SF range. This splits the current group of 1,000 - 5,000 SF in half and allows for a more equitable fee schedule. This group represents the largest number of business licenses issued so it makes sense to split them; Des Plaines and Palatine both offer this classification in their fee schedule. • The largest differences in fees between the Village and our comparable communities are seen in the "middle" SF classifications, as seen in the graph attached. In order to be more in-line with other communities, staff is proposing a $25.00 increase for the license classifications for businesses between 2,500 and 49,999 SE This still results in the Village's fees being lower than all 4 comparables for these classifications. This proposed change would be for both Class I and Class II license types; non-profit status organizations would still be exempt from license fees. Staff recommends approval of the attached ordinance with an effective date of January 1, 2024 to correspond with the Business License period. Adopting the ordinance in April allows for nearly six months of staff preparation time to adjust internal software to new license classifications and updated fees. It also ensures that renewal letters can be sent to existing business owners with the updated information in a timely fashion. Alternatives 1. Adopt the amendments to Chapter 10, Chapter 11 and Appendix A of the Mount Prospect Village Code, with effective date of January 1, 2024 2. Action at the discretion of the Village Board 5 Staff Recommendation Adopt an ordinance striking Chapter 10, "Licenses and Permits," replacing Chapter 11, "Merchants, Businesses, Occupations and Amusements," in its entirety and amending Appendix A of the Mount Prospect Village Code. ATTACHMENTS: ORDINANCE Amending Chapters 10, 11 and Appendix 4.5.2023.pdf Class I Business License Fees Comparison Graph Chapter_11_Replacement_Language_Appendix_A_to_Ordinance. pdf 6 ORDINANCE NO. AN ORDINANCE STRIKING CHAPTER 10, "LICENSES AND PERMITS," REPLACING CHAPTER 11, "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS" IN ITS ENTIRETY AND AMENDING 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: Chapter 10, "Licenses and Permits," of the Mount Prospect Village Code shall be stricken in its entirety. Section 2: Chapter 11, "Merchants, Businesses, Occupations and Amusements," of the Mount Prospect Village Code shall be stricken in its entirety and replaced by the revised Chapter 11 that is attached to this Ordinance as Exhibit A. Section 3: Section 11.102, "Rules and Definitions," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 4: Section 11.203, "Bond (Auctioneer)," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 5: Section 11.602, "Application Procedure (Carnivals and Circuses)," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 6: Section 11.603, "Sideshows, Parades and Concessions," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. 1 7 Section 7: Section 11 .1403, "General Operating Requirements (Christmas Tree Sales)," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 8: Section 11.1701, "License for Hotel or Motel; Application and Issuance," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 9: Section 11.2003, "Bond (Outdoor Advertisers)," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 10: Section 11.3004, "Application for License (Raffles)," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 11: Section 11.3006, "Conduct of Raffles," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.906. Section 12: Subsection A of Section 11.906, "Conduct of Raffles," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be amended to read as: A. $50,000.00, unless the license holder extends the raffle beyond 120 days by paying an additional fee to the village and PFOViding an inGFeased fidelity bond, in which case the aggregate value of all prizes or merchandise awarded in a single raffle may exceed $50,000.00. Section 13: Subsection B of Section 11.906, "Conduct of Raffles," of Division I, "Bonds, Salaries, Insurance and Miscellaneous," of Appendix A of the Mount Prospect Village Code shall be amended to read as: 2 0 B. $50,000.00, unless the license holder extends the raffle beyond 120 days by paying an additional fee to the village and PFOYiding an inGFeased fidelity bond, in which case the retail value of any prize awarded in a single raffle may exceed $50,000.00. Section 14: Section 11.3410, "License Fees," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 15: Section 11.604, "License and Permit Fees (Carnivals and Circuses)," of Division 11, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 16: Section 11.903, "License Fees; Term (General Contractors)," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered and labeled as Section 11.603 A: "License Fees: Term (Genal Section 17: Section 11.1402, "License Fees," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 18: Section 11.3004, "Application for License (Raffles)," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered and labeled as Section 11.904: "Application for License (Raffles)." Section 19: Section 11.3404, "Class I Establishments (General Business)," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered and labeled as Section 11.407: "Class I Establishments (GeneFal• Business)," and shall be amended to read as: A. Gross Floor Area In Square Feet Annual Fee 0-999 1000-42,499 2,500-4,999 3 $60.00 75.00 100.00 vi 5,000-9,999 100.0 125.00 10,000-19,999 125.00 150.00 20,000-29,999 400 200.00 30,000-39,999 225.00 250.00 40,000-49,999 275.00 300.00 50,000-74,999 350.00 75,000-99,999 425.00 100,000 and over 600.00 C.,�-vrany OnSpe Gt i ee n taking plaGe afte rc� miaye a rcurthe fee sha IST U c d by 50� Section 20: Section 11.3405, "Class II Establishments," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.408. and shall be amended to read as: A. Gross Floor Area In Square Feet Annual Fee 0-999 $135.00 1000-42,499 150.00 2,500-4,999 175.00 5,000-9,999 490 200.00 10,000-19,999 200.00 225.00 20,000-29,999 260.00 275.00 30,000-39,999 325.00 350.00 40,000-49,999 400.00 425.00 50,000-74,999 500.00 75,000-99,999 600.00 100,000 and over 700.00 Fer any inspcGtinn taking plaGe the fee shaIST Uc d by 50 � Section 21: Section 11.3406, "High Hazard Surcharge," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.409. Section 22: Section 11.3407, "Midyear Fee Reduction," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.410. El 10 Section 23: Section 11.3408, "Transfer of License," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.411. Section 24: Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be amended to add Section 11.808, "Vending Machines or Self-Servin_. Displays," isplays," that shall read as: 1150.00 per machine, annually." Section 25: Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be amended to add Section 11.506, "License Fee," that shall read as: Up to 120 days, maximum: $150.00 Up to 1 month: $75.00 Per day, for any period less than one month: $20.00 per d@L. Section 26: Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be amended to add Section 11.702, "Application for Massage Establishment," that shall read as: "First Year: $250.00; each year thereafter (annually: 100.00." Section 27: Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be amended to add Section 11.803, "License Fee," that shall read as: 150.00 annually." Section 28: Section 11.3410, "Other Fees," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 29: Section 11.3411, "Late Payments for License Renewals," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.412, and it shall be amended to read as: 5 11 A. Fee received in the month of January: 110% of the annual license fee. B. Fee received in the month of February: 125% of the annual license fee. C. Fee received in the month of March: 150% of the annual license fee. D. Fee received in the month of April: 175% of the annual license fee. E. Fee received after April 30 but before July 1: 200% of the annual license fee. Section 30: Section 11.3608, "Fees (Business Inspectors)," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 31: Section 11.3611, "Transfer of Certificate," of Division II, "Fees, Rates and Taxes," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 32: Section 11.708, "Penalty; Suspension or Revocation of License (Amusement Devices)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 33: Section 11.809, "Penalty (Game Rooms)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 34: Section 11.905, "Penalty (Contractor Licensing)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.605. Section 35: Section 11.1110, "Penalty for Violation (Public Passenger Vehicles)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. 12 Section 36: Section 11.2208, "General Operating Provisions," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.508C, and shall be amended to read as: eN 001-1-1214, r rma Section 37: Section 11.2822, "Duty of Solicitors," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be renumbered and labeled as Section 11.1006: "Penalty," and shall be amended to read as: Duty f Solicitors it shall be the duty of every solmeitor when going onto an . . e first exangine any notiGe posted as provided on seotion 11.2 Of thils; aArtirwa-le, and to be governed by the statement eontained on the notiee. if the netiGe states "Solmeit Prohibited" or "No SoloGnters Invited", then the selk;nter shall immediately, wit fuFtheF netiee, leave the ffemises, Violation of provision of article X, Fine: Not less than $100.00 nor more than $1,000.00 Section 38: Section 11.2823, "Limitations on Solicitation," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 39: Section 11.2824, "Penalty (Vendors, Solicitors and Others Engaged in Retail Sales and Services)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 40: Section 11.2912, "Penalties (Jewelry Merchants)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. 7 13 Section 41: Section 11.3414, "Failure to Obtain License; Summary Closing," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.214. Section 42: Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be amended to add Section 11.302 G: "Notice of Action ainst License: Procedure for Hearina" that shall read as: Section 11.302 G: Notice of Action Against License: Procedure for Hearing_ Fine: $100.00 to $1,000.00 per day. Section 43: Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Code shall be amended to add Section 11.304: "Operating Without a License: Penalty" that shall read as: Section 11.304: Operating Without a License: Fine: $200.00 to $1,000.00 per day. Section 44: Section 11.3502, "Penalties for Misdemeanors (General Penalty)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 45: Section 11.3613, "Late Payments (Business Certificates)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 46: Section 11.3710, "Suspension; Revocation of License, Fines, Costs (Tobacco Sales — Administrative)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be renumbered as Section 11.812. g 14 Section 47: Section 11.3806, "Penalty (Newspaper Vending Machines)," of Division 111, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be stricken in its entirety. Section 48: Section 11.3923, "Penalty (Message Establishment)," of Division III, "Penalties and Fines," of Appendix A of the Mount Prospect Village Code shall be renumbered and labeled as Section 11.722: "Persons Under Aae Eiahteen Prohibited on Premises." The effective date of this ordinance shall be January 1, 2024. ADOPTED this day of , 2023, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this day of , 2023, and attested to by the Village Clerk this same day. ATTEST: Karen Agoranos, Village Clerk Q7 Mayor Paul Wm. Hoefert 15 Exhibit A Zo ii [ Cl ass,, I B us"i in ess, Lie Fees 58,00,00 IVB PA,c,)urlr�, (Ck,wrerilIt'll v Arlk,,,,gtco,lli 1-leights m (),es P[aires m PaWtivle 50, atjo,,9 b u rE!, I� SUN 01,), 14 101 C15,11, 5200,010 5 � rI U. ,.YID,. ���Y�II �I� I �� f% � � I f WW'' WWW > I/% � IVB PA,c,)urlr�, (Ck,wrerilIt'll v Arlk,,,,gtco,lli 1-leights m (),es P[aires m PaWtivle 50, atjo,,9 b u rE!, I� 14 C15,11, IVB PA,c,)urlr�, (Ck,wrerilIt'll v Arlk,,,,gtco,lli 1-leights m (),es P[aires m PaWtivle 50, atjo,,9 b u rE!, I� CHAPTER 11: MERCHANTS, BUSINESSES AND OCCUPATIONS Article PURPOSE AND DEFINITIONS 11.101: PURPOSE: 11.102: RULES AND DEFINITIONS: 11.101: PURPOSE: Because each business, occupation and/or profession, as hereinafter defined, conducted within the village affects the well being of the village and its citizenry and thereby necessitates special services from the village in the form of various inspections and added police protection and control, such businesses, occupations and professions shall in all respects be in full compliance with the provisions hereafter contained in this chapter. This chapter is designed to provide for the means whereby the village may render the necessary services of inspections and control to said businesses, occupations and professions in order to promote, protect and safeguard the public safety, health and welfare of the citizens of the village and to effect an accurate record of such businesses, occupations and professions and their operations within the village. 11.102: RULES AND DEFINITIONS: A. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural number and the plural the singular. 2. The word "shall" is mandatory; the word "may" is permissive. 3. The masculine gender includes the feminine and neuter. B. Whenever in this chapter the following words and phrases are used, they shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except when the context otherwise indicates. APPLICANT: Any person or entity seeking a business license. If it is a corporation or limited liability company, the term shall include any stockholder holding more than ten percent (10%) of the stock, and each officer and director. If it is a partnership, it shall include each partner, including each limited partner. It shall also include the manager or other person principally in charge of the operation of the business. CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization, or transporting organization. CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. 18 CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis -infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis -infused product, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS LOUNGE OR SOCIAL SPACE: A facility operated by a) an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers that may permit the on -premises consumption of cannabis at or within the business; or b) any other entity authorized by the Village to allow on premise consumption of cannabis in a manner consistent with the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to- time, and regulations promulgated thereunder. COMMERCIAL CANVASSING: A person, whether resident of the village or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person 19 who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the village for the sole purpose of exhibiting samples and taking orders for future delivery. CARNIVAL: An entertainment or place of amusement with rides, games of skill and/or refreshments, which entertainment is usually operated as a commercial enterprise but sometimes by a social or charitable organization. CONTRACTOR: Any person or firm in the several building trades and other types of activities including, but not limited to, the trades and activities of excavators, sewer construction and maintenance, concrete or mason work, carpenters, metal working activities, roofing trades, glazing activities, heating or air conditioning, electricians, plastering and lathing activities, tiling activities, painters and decorators, catch basin cleaners, landscaping or lawn services, or forestry or tree services. ELECTRICAL CONTRACTOR: The term "electrical contractor", as used in this section, means any person engaged in the business of installing or altering by contract electrical equipment for the utilization of electricity for light, heat or power. But the term "electrical contractor" shall not include the installing or altering of: 1) radio apparatus or equipment for wireless reception of sounds and signals, or 2) apparatus, conductors or other equipment installed for or by public utilities, including common carriers, which are under the jurisdiction of the Illinois commerce commission, for use in their operation as public utilities. Nor shall the term include the employees employed by an electrical contractor to do or supervise his work. ELECTRONIC CIGARETTE OR E -CIGARETTE: Any electronically operated device which may or may not contain nicotine in a combination with other chemicals that are intended to be inhaled as a vapor via vapes, vaporizers, or vape pens, by the user. This is intended to include, but not be limited to, e -cigarettes, e -cigars, e -pipes, hookah pens, vape pens, and any other electronic nicotine delivery system (ENDS). Electronic cigarette excludes any product approved by the United States food and drug administration as a nontobacco product for sale as a tobacco use cessation product or for other medical purposes, and is being marketed and sold solely for that approved purpose. FOOD SERVICE VEHICLE: A truck, trailer or push cart that moves from one location to the next offering food prepared onboard the vehicle or from a licensed and inspected commissary kitchen. These vehicles are fully self-contained with a source of power, plumbing system (if applicable) and commercial equipment to support the storage and preparation of the menu items, which are served, dispensed, or sold for retail purchase to consumers primarily for immediate human consumption. HEALTH INSPECTOR: The representative authorized to enforce the health ordinances of the Village and make such other inspections as may be necessary and required under the provisions of this Chapter. LICENSEE: Any person who is the owner of one or more licenses issued pursuant to this chapter. MASSAGE: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, by a licensed massage therapist, with or 20 without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such person's behalf, will pay money or give any other consideration or gratuity. MASSAGE ESTABLISHMENT: Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on, or permits to be engaged in or carried on, a business of providing massages. MASSAGE THERAPIST: Any person who, for any consideration or gratuity whatsoever, engages in the practice of massage. NUISANCE: That class of wrongs which arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent or unlawful personal conduct, working an obstruction of or injury to the right of another of the public, and producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume resulting damages. NUISANCE IN FACT: An act, occupation or structure which is not a nuisance per se but may become a nuisance by reason of the circumstances or the location and surroundings. NUISANCE PER SE: An act, occupation or structure that is a nuisance at all times, under any circumstances, and in any location. OCCUPATION: A business, employment or vocation. OUTCALL MASSAGE SERVICE: Any business, a function of which is to engage in or carry on massages at a location designated by the customer or patron rather than at a massage establishment. PERSON: Any individual, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent. RETAIL SALE: A sale not in bulk, and directly to the consumer. RETAIL SERVICE: A service made directly to the consumer. RIGHT OF WAY: A strip of land acquired by or dedicated to the public and occupied or intended to be occupied by a street, sidewalk, railroad, utility or other similar use. SEXUAL OR GENITAL AREA: Genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female. SHORT TERM MERCHANT: Any person, whether as owner, agent, consignee or employee, who engages in a temporary business of selling and delivering goods, wares and merchandise within said village, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, or any food service vehicle, for the exhibition and sale of such goods, wares and merchandise, to the public. Such definition shall not be construed to include any person, while occupying such temporary location, who does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery o nly. Conductors of garage sales in 4 21 accordance with Article XIX shall not be considered short term merchants; professionally hired auctioneers shall register as a short term merchant. SOLICITING: 1. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuff and/or services, of any kind, character or description whatsoever, for any kind of consideration whatsoever; or 2. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or 3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or 4. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project; or 5. Seeking to recruit membership for any organization of any kind or nature. See also: Commercial Canvassing. SOLICITOR: Any individual traveling within the village doing any acts set forth pursuant to the definition of "soliciting". STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A "street" includes the entire right of way and any improvements which may be located within the right of way. TOBACCO AND RELATED PRODUCTS: For purposes of this chapter and for section 23.603 of this code, tobacco and related products shall include any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, and dissolvable tobacco products, and electronic cigarettes as defined in this article. TOBACCO VENDING MACHINE: Any automatic vending machine used for the sale of cigarettes and matches, and controlled by the insertion of a coin or coins. 22 Article II GENERAL PROVISIONS 11.201: APPLICATION PROCEDURES: 11.202: INSPECTIONS: 11.203: POSTING LICENSE: 11.204: CODE COMPLIANCE: 11.205: NUISANCES: 11.206: CURRENT FINANCIAL OBLIGATION TO THE VILLAGE: 11.207: CHANGE OF LOCATION: 11.208: NON -TRANSFERABILITY: 11.209: SIGNATURES: 11.210: FEE ADJUSTMENT: 11.211: LICENSE FEES: 11.212: REBATE OF FEES: 11.213: EXCLUSIONS: 11.214: FAILURE TO OBTAIN LICENSE, SUMMARY CLOSING: 11.201: APPLICATION PROCEDURES: In absence of provisions to the contrary or except as may be specifically provided elsewhere in this Code, applications for all business licenses shall be made in writing, either through paper form or electronic form submission, to the director of community development or his designee in the form provided by the village. A. The application form for such license shall require the following information: 1. Whether the applicant is an sole proprietorship, limited liability company or a corporation. 2. The full name, residence address, residence phone number, and email address for each individual applicant, partner, general partner of a limited partnership, and principal officers of a corporation. 3. Location or proposed location of the business, occupation, or activity. 4. License category desired (Class I, Class II, High Hazard, Short Term Merchant) 5. Detailed description of proposed business, including hours of operation. 6. For Short Term Merchants, length of time for which such license is desired. 7. A statement as to whether licenses granted by any state, municipality or other licensing authority, have ever been revoked or whether such license issuance or renewal has ever been refused to the applicant or the organization he represents, and the reasons for any such revocation or refusal. 8. Any additional information as may be required by this Code, or by the director of community development or his designee. B. ISSUANCE OF LICENSE: Within thirty (30) days of the receipt of any license application properly filled out on a form designated in Article II of this Chapter, director of community 23 development or his designee is hereby authorized to grant or renew any license as authorized under this Chapter for any period of time not exceeding one year to any applicant applying therefor on a form provided by the village, as specified in this Chapter, and upon payment by the applicant of the appropriate fees as required in appendix A division II of this code. 11.202: INSPECTIONS: The director of community development shall make or cause to be made an investigation in regard to such business licenses to be granted in connection with all fire prevention, building and zoning matters. A. Whenever inspections of the premises, vehicles, equipment or methods of operation used in conducting a licensed business, occupation or activity are authorized or required by this code or are reasonably necessary to secure compliance with any provision of this code or to detect violations thereof, it shall be the duty of the licensee or person in charge of such premises, vehicles, equipment, or methods of operation to permit, at any reasonable time, any officer or employee of the village who is authorized or directed to make such inspections to be admitted to such premises, to have access to such vehicles or equipment, and to observe such methods of operation for the purpose of making said inspections. B. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any provision of this code or to detect violations thereof, it shall be the duty of the licensee, upon request, to give any authorized officer or employee of the village requesting the same sufficient samples of such material or commodity for such analysis. C. In addition to any other penalty which may be provided, the village manager may revoke the license of any licensee who refuses to permit any such officer or employee to make such inspections or take such samples of material or commodity, or who interferes with such officer or employee while in the performance of his duty in making such inspections; provided, however, that such revocation proceeds in the manner set forth in Article III of this chapter. 11.203: POSTING LICENSE: It shall be the duty of any person conducting a business in the village to keep his license at all times in a prominent place on the premises used for such business, occupation or activity. 11.204: CODE COMPLIANCE: No license shall be issued for the conduct of any business, occupation or activity if the premises and building or vehicle, as the case may be, to be used for the business purpose does not fully comply with all applicable provisions of this Code and Village ordinances, including fire prevention, building, zoning, and health. 11.205: NUISANCES: No business, occupation or activity, licensed under this code or not, shall be conducted or operated so as to constitute a nuisance or so as to amount to a nuisance in fact. 11.206: CURRENT FINANCIAL OBLIGATION TO THE VILLAGE: No license shall be issued or renewed for the conduct of any business if the applicant, license holder, prior license holder for the same premises or any predecessor to the business interest of the current license holder has not paid any fees, fines, judgments or forfeitures due and owing to the Village. 24 11.207: CHANGE OF LOCATION: Except as otherwise provided in the Code, the location of any licensed business or occupation may be changed provided ten (10) days' notice thereof is given to the Director of Community Development or designee, and that any increase in fees, as required in appendix A, division II of this code is paid. 11.208: NONTRANSFERABILITY OF LICENSE: No license issued under this Chapter shall be transferred or assigned or used by any person other than the one to whom it is issued, except as provided for under Article IV of this Code. 11.209: SIGNATURES: Each such license contemplated in this article shall bear the signature of the village president or village manager or designee, 11.210: FEE ADJUSTMENT:When any licensee, by increasing the size of his premises or by making any change in his business, occupation, or activity places himself in a class where the provisions of this code require him to pay a higher license fee, he shall pay the additional license fee, based on the annual license fee prorated monthly to the nearest full month for the balance of the license period. 11.211: LICENSE FEES: All fees for business licenses issued within this chapter shall be paid as set forth in appendix A, division II of this code. 11.212: REBATE OF FEES:In no case shall any rebate or refund be made of any license fee or part thereof by reason of the death of the licensee, by reason of nonuse of such license, or by reason of such licensee reducing the size of his premises or by making any change in his business, occupation, or activity which places him in a class where he would be required to pay a lower license fee. 11.213: EXCLUSIONS: The terms and provisions of this chapter shall not be made applicable to any activity carried on or operated by a government institution or organization or by any eleemosynary institution or organization or person or owner. 11.214: FAILURE TO OBTAIN LICENSE; SUMMARY CLOSING: A. If a business is required to be licensed by village regulations and is open during a period for which such a license has not been obtained, the village manager or his designee may order the immediate closing of that business. B. The posting of a notice of closing on the main entrance to the business shall be sufficient notice to the business owner to cause such immediate closing. C. Any person or business remaining open in violation of such notice of closing or removing, covering or obscuring a notice of closing, as posted, shall be fined as set forth in appendix A, division III of this code. D. The owner of the business shall be conclusively liable for removal of the notice of closing if such notice is removed and the Mount Prospect police department is not immediately notified of such removal. 25 Article III LICENSE REVOCATION OR DENIAL 11.301: PROCEDURE: 11.302: NOTICE OF ACTION AGAINST LICENSEE; PROCEDURE FOR HEARING: 11.303: APPEAL PROCEDURE: 11.304: OPERATING WITHOUT A LICENSE; PENALTY: 11.301: PROCEDURE: Any such license contemplated or issued under this chapter may be suspended up to sixty (60) days or revoked by the village manager, or an application for issuance or renewal of such license may be refused by the director of community development, if either determines: A. That the application of the applicant or license holder contains any false, fraudulent or misleading material statement; or B. That 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, 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 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 welfare of the public; or D. That the applicant or license holder has suffered a revocation or refusal to issue or renew such license by any state, municipality or licensing authority. 11.302: NOTICE OF ACTION AGAINST LICENSEE; PROCEDURE FOR HEARING: A. Notification: The applicant or licensee shall be notified of a determination to revoke or refuse issuance or renewal of a license by the village manager. This notice shall inform the applicant of the right to request a hearing before the village manager regarding the proposed action. The notice shall contain the reasons for the revocation, suspension or refusal to issue or renew. Such notice shall be personally served or mailed, postage prepaid certified mail return receipt requested, to the applicant or license holder, as the case may be, at his or her last known address and shall provide such applicant or license holder with the right to request a hearing before the village manager within ten (10) days following the date such notice was personally delivered or placed in the mail. If no such request for a hearing is received per return receipt, the village manager's determination shall become final. B. Setting Of Hearing: The village manager shall set a place and date for the hearing and shall notify the applicant or license holder of said place and date of said hearing. The initial date for hearing shall be no more than thirty (30) days after the written request for a hearing is made. C. Right To Counsel: The applicant or license holder shall have the right to be represented at such hearing by legal counsel. D. Decision Of Village Manager: At the conclusion of the hearing, the village manager shall issue a written decision and findings of fact and shall mail and personally serve same to the applicant or license holder. The decision and findings of fact shall be mailed certified rZ mail return receipt requested within five (5) days following the conclusion of the hearing or the receipt of any transcript thereof, whichever is the latest to occur. E. Notice Of Closure: Twenty four (24) hours before the commencement of any suspension or revocation, the Mount Prospect police department shall post on all entrances to the licensed premises a placard entitled "Notice of Closure". F. The title shall be in letters not less than one inch (1 ") high. In the case of a suspension the notice of closure shall give the times of the suspension and in the case of a revocation state the exact time which the revocation goes into effect. The notice of closure shall state the section number and title of the village code or state law which has been violated along with the telephone number of the appropriate village department that may be called for additional information. G. The removal, covering, or otherwise defacing of said notice of closure before the suspension ends or less than seven (7) days after posting of a revocation notice by any person is prohibited and shall be subject to a fine in the amount set forth in appendix A, division III of this code. 11.303: APPEAL PROCEDURE: Any applicant or license holder aggrieved by the action of the village manager in refusing to issue any license subject to this article or in suspending or revoking any license already issued shall have the right to appeal to the president and board of trustees of the village. A. Such appeal shall be made to the village board, or designated person, within seven (7) days after the notice of said decision of the village manager has been mailed certified mail return receipt requested. The appeal shall contain a written statement setting forth the grounds for appeal. No applicant or license holder may appeal to the village board unless a timely request for a hearing before the village manager, as set forth in section 11.302 of this article, has been made by said applicant or license holder. B. The village manager shall file with the president and board of trustees the certified official record of the proceedings subject to appeal. C. The president and board of trustees of the village shall set a time and place for a hearing on such appeal and notice of such hearing shall be personally served upon or mailed, postage prepaid, to the appellant at his/her last known address. The only evidence which shall be considered in the review by the president and board of trustees shall be the evidence found in the certified official record of the proceedings before the village manager. D. The appellant shall have the right to be represented at such hearing by legal counsel. E. The decision and order of the president and board of trustees of the village following such appeal shall be final and conclusive. F. No license shall be revoked during the pendency of an appeal before the president and board of trustees of the village. 11.304: OPERATING WITHOUT A LICENSE; PENALTY: If any person operates a business or other activity without a required license or after renewal of license has been refused for any reason, that person shall be fined an amount set forth in appendix A, division III of this code, for each day of operation without a license. 10 27 Article IV BUSINESS LICENSES 11.401: PURPOSE: 11.402: LICENSE REQUIRED: 11.403: APPLICATION: 11.404: INSPECTIONS: 11.405: ISSUANCE: 11.406: EXPIRATION DATE: 11.407: CLASS I ESTABLISHMENTS: 11.408: CLASS II ESTABLISHMENTS: 11.409: HIGH HAZARD SURCHARGE: 11.410: MIDYEAR FEE REDUCTION: 11.411: TRANSFER OF LICENSE: 11.412: LATE PAYMENTS FOR LICENSE RENEWALS: 11.401: PURPOSE: Because each business, occupation and/or profession conducted within the village affects the well-being of the village and its citizenry and thereby necessitates special services from the village in the form of various inspections, such businesses, occupations and professions shall in all respects be in full compliance with the provisions contained in this article. This article is designed to provide for means whereby the village may render the necessary services of inspections to said businesses, occupations and professions in order to promote, protect, and safeguard the public safety, health and welfare of the citizens of the village and to effect an accurate record of such businesses, occupations and professions within the village. 11.402: LICENSE REQUIRED: Every persons engaged in a business, occupation and/or profession, and having a place of business within the corporate limits of the village, which is not classified as a home occupation as defined in Chapter 14 of this code, shall be required to apply and pay the fee for a business license certificate as set forth in this article. All licensees shall fully comply with all applicable state of Illinois regulations for the business use or operations including any licenses or certifications which may be required. 11.403: APPLICATION: Applications for all business licenses required by this article shall be made to the village on the form provided by the director of community development or his designee as defined in article II of this chapter. 11.404: INSPECTIONS: The director of community development shall make or cause to be made any inspections in regard to such business licenses to be granted in connection with all fire prevention, building and zoning matters, in accordance with Article II of this chapter. 11.405: ISSUANCE: Within thirty (30) days of the receipt of any business license application completed in its entirely and submitted in compliance with this chapter, and provided any and all inspections as provided by this chapter are passed, the village is hereby authorized to grant or renew any license as specified by this article, and upon payment by the applicant of the appropriate fees as required in appendix A division II. 11.406: EXPIRATION DATE: 11 All licenses issued under the provisions of this article shall terminate on December 31 of the calendar year following such issuance. 11.407: CLASS I ESTABLISHMENTS: Class I establishments, as designated in this chapter, shall receive all inspection services except health inspections. Class I businesses are any business, excluding home occupations as defined in Chapter 14 of the Village Code, and of which do not utilize more than 10% of the gross floor area of the business to store food or beverages, or require health inspections to ensure proper sanitation measures are followed. A. The annual fee required of a class I establishment shall be in accordance with the schedule set forth in appendix A, division II of this code. B. Any class I establishment may receive up to a maximum of four (4) inspections and/or reinspections per year without additional charge. Upon the fifth inspection and/or reinspection and every inspection and/or reinspection thereafter, as deemed necessary by the department of community development, the licensee shall pay an additional inspection service charge equivalent to one-fourth (1/4) of the business' annual license fee as established in appendix A division II. 11.408: CLASS II ESTABLISHMENTS: Class II establishments, as designated in this code, shall receive all inspection services including health inspections. Class II businesses include any class I business use with ten percent (10%) or more of the establishment's gross floor area devoted to the sale and/or storage of food and/or beverages, or any business utilizing kitchen or bath facilities which serve the public and require proper sanitation measures be followed to protect public health and safety. Examples of Class II businesses receiving health inspections include, but not limited to restaurants, grocery stores, food manufacturers, daycare centers, solid waste transfer stations, hotels/motels, health clubs and gymnasiums. A. The annual fee required of a class II establishment shall be in accordance with the schedule set forth in appendix A, division II of this code. B. Any class II establishment may receive up to a maximum of four (4) inspections and/or reinspections per year without additional charge. Upon the fifth inspection and/or reinspection and every inspection and/or reinspection thereafter, as deemed necessary by the department of community development, the licensee shall pay an additional inspection service charge of either fifty dollars ($50.00) or one-quarter (1/4) of the annual license fee established in appendix A division II, whichever is greater. 11.409: HIGH HAZARD SURCHARGE: A. Any class I or class II business which uses hazardous materials and/or processes in operation of said business shall pay a surcharge as set forth in appendix A, division II of this code on the business' annual license fee as applicable. B. Any class I or class II business, after paying the high hazard surcharge, shall be entitled to an increase as set forth in appendix A, division II of this code, in the inspection limit as set forth in subsections 11.40713 and 11.40813 of this article, respectively. C. A "high hazard business" shall be defined by the standards in the international building code, use group H - high hazard buildings, or by order of the fire chief. 12 11.410: MIDYEAR FEE REDUCTION: Any class I or class II business license issued to a business opening after June 30 shall pay the annual fee as set forth in appendix A, division II of this code. 11.411: TRANSFER OF LICENSE: Any class I or class II licensee may transfer a valid business license to another person upon payment of a transfer fee in the amount set forth in appendix A, division II of this code, and all adjustment fees. Such a transfer shall be valid only if the other person intends to and in fact conducts the same business, occupation or activity as the licensee at the same location used by the licensee. 11.412: LATE PAYMENTS FOR LICENSE RENEWALS: A. Whenever an application for a renewal of a license previously issued for the prior calendar year is received by the village after December 31 of any given calendar year, the license fee shall be computed at a percentage of the annual license fee set forth in appendix A, division II of this code, with fees dependent on the calendar date the village receives the complete renewal application. B. If a licensee holder does not submit the business license renewal application and pay the license fee for renewal by July 1 of the calendar year, that establishment may not conduct business until all fees have been paid to the village. 13 30 Article V SHORT TERM MERCHANTS 11.501: LICENSE REQUIRED: 11.502: APPLICATION: 11.503: EXPIRATION DATE: 11.504: NO RENEWALS: 11.505: NON -TRANSFERABLE: 11.506: LICENSE FEE: 11.507: INSPECTIONS: 11.508: GENERAL OPERATING PROVISIONS: 11.509: REVOCATION OR DENIAL OF LICENSE: 11.501: LICENSE REQUIRED: It shall be unlawful for any person to engage in the business of "Short term Merchant" as defined in article I of this chapter, without first obtaining a license therefor as provided in article II of this Chapter. 11.502: APPLICATION: The application form for such license shall require the following, in addition to information as provided in Article II of this Chapter: A. Location of the business, occupation or activity. 1. For short term merchants with an outdoor component, documentation from the property owner which grants permission for use of the property, and to which extent including area and time frame, shall be submitted with the license application. B. Anticipated opening date and anticipated closing date, as well as proposed hours of operation. C. Any additional information as required by the Director of Community Development or his designee. 11.503: EXPIRATION DATE: All short term merchant licenses issued under the provisions of this article shall terminate no later than 120 days after the date of issuance. 11:504: NO RENEWALS: No renewals or transfers of short term merchant licenses shall be issued. A minimum of 30 days must pass prior to approval of a short term license issued for the same business in the same location. 11.505: NON-TRANSFERRABLE: No licensee may assign, sell or transfer his license to any other person. Such new licensee shall submit an application and pay the fee for a new short term merchant license in accordance with this chapter. 11.506: LICENSE FEE: It shall be the responsibility of the licensee for any short term merchant to pay the license fee as set forth in appendix A, division II. 11.507: INSPECTIONS: The director of community development shall make or cause to be made an inspection in regard to such short term merchants to be granted in connection with all fire prevention, environmental health, and building and zoning matters. It shall be the duty of the department of community development to inspect every establishment registered under this article as often as necessary to ensure compliance with this article and all other ordinances relating thereto. Any short term merchant registered under this article may receive up to a 14 31 maximum of two (2) inspections and/or reinspections per license application period (120 days) without additional charge. Upon the third inspection and/or reinspection and every inspection and/or reinspection thereafter, as deemed necessary by the department of community development, the certificate holder shall pay an additional service charge equivalent to one-half ('/2) of the annual short term license fee as established in appendix A, division II of this code. 11.508: GENERAL OPERATING PROVISIONS: Short term merchants shall comply with general operating provisions, in addition to any other applicable provisions provided within this code: A. All short term merchants licensed under this code, shall be conducted or operated so as to not constitute a nuisance or so as to not amount to a nuisance in fact. B. It shall be the duty of any person conducting a business in the village as a short term merchant to keep the license displayed in a prominent place on the premises used for such business, occupation or activity. C. No licensee under this article shall shout, use any sound or amplifying device upon any public way or place, or upon any private premises where the sound may be heard upon any public place. The foregoing shall not apply to entertainment provided to the general public as part of a village approved event. D. No short term merchant shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location on public right-of-way, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. E. All short term merchants shall fully comply with all applicable state of Illinois regulations for the business use or operations including any licenses or certifications which may be required. 11.509: REVOCATION OR DENIAL OF LICENSE: All licenses issued under this article may be revoked by the village manager, or an application for issuance or renewal of such license may be refused by the director of community development or his designee, in the manner provided for such proceedings in article II of this code. 15 32 Article VI CONTRACTORS 11.601: LICENSE REQUIRED: 11.602: REGISTRATION, GENERAL CONTRACTORS: 11.603: LICENSE FEES, TERM: 11.604: REVOCATION OF LICENSE: 11.605: PENALTY: 11.601: LICENSE REQUIRED: A. No person shall engage in the business of "contractor", as defined in article I of this chapter, within the corporate limits of the Village, except in compliance with the provisions of this article. It shall be unlawful to engage in the business of contractor unless such person has applied for and obtained a license from the Director of Community Development or his designee, as provided in article II of this Chapter. B. In addition to the requirements in article II of this Chapter, an electrical contractor must submit proof of a current electrical contractor's license issued by a municipality within the State of Illinois, approved by the building official, that administers a competency exam based upon the National Electrical Code or City of Chicago Electrical Code. 11.602: REGISTRATION; GENERAL CONTRACTORS: No permit shall be issued on a project using a general contractor and no work shall be performed by such general contractors within the Village, unless they have registered with the Village by submitting a copy of their current State of Illinois registration with an application for registration, upon receipt of which the Village shall register the contractor for a period of three hundred sixty five (365) days from the date of issuance without any fee. 11.603: LICENSE FEES; TERM: A. The fees to be paid for licenses shall be as set forth in appendix A, division II of this Code. B. Licenses shall be effective for a period of three hundred sixty-five (365) days from the date of issuance. 11.604: REVOCATION OF LICENSE: A contractor's license may be revoked by the Village Manager, or an application for issuance or renewal of such license may be refused by the director of community development in the manner provided for such proceedings in article III of this chapter. A contractor whose license has been revoked or refused may, at the discretion of the Village Manager be authorized to complete existing projects provided that permits have been issued and construction has already started at the time of revocation or refusal. 16 RTC] 11.605: PENALTY: Any person violating any provision of this article shall be fined for each offense in an amount set forth in appendix A, division III of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 17 34 Article VII MASSAGE ESTABLISHMENTS 11.701: BUSINESS LICENSE REQUIRED: 11.702: APPLICATION FOR MASSAGE ESTABLISHMENT BUSINESS LICENSE: 11.703: ISSUANCE OF LICENSE FOR A MASSAGE ESTABLISHMENT: 11.704: APPROVAL OR DENIAL OF APPLICATION: 11.705: POSTING OF LICENSE; PHOTO IDENTIFICATION CARD: 11.706: REGISTER OF EMPLOYEES: 11.707: REVOCATION OR SUSPENSION OF LICENSE; WAITING PERIOD AFTER REVOCATION: 11.708: REIMBURSEMENT OF COSTS FOR INVESTIGATION RESULTING IN BUSINESS LICENSE SUSPENSION OR REVOCATION: 11.709: REVOCATION OF MASSAGE THERAPIST LICENSE: 11.710: FACILITIES NECESSARY: 11.711: OPERATING REQUIREMENTS: 11.712: PERSONS UNDER AGE EIGHTEEN PROHIBITED ON PREMISES: 11.713: ALCOHOLIC BEVERAGES PROHIBITED: 11.714: HOURS: 11.715: EMPLOYMENT OF MASSAGE THERAPIST: 11.716: INSPECTIONS REQUIRED: 11.717: UNLAWFUL ACTS: 11.718: MASSAGE ESTABLISHMENT LICENSE; EXEMPTIONS: 11.719: SALE OR TRANSFER OR CHANGE OF LOCATION: 11.720: NAME AND PLACE OF BUSINESS: 11.721: JOINT AND SEVERAL LIABILITY: 11.722: VIOLATION AND PENALTY: 11.701: BUSINESS LICENSE REQUIRED: A. Business License Required; Exceptions: No person or entity shall engage in or carry out the business of massage unless that person has a valid massage establishment business license issued by the village pursuant to the provisions of this article for each and every separate office or place of business in the village. However, where individuals possessing the license required in subsection B of this section, perform massage in their own homes, no business license shall be required for that home. When a licensee performs massage in his or her own home, in addition to the requirements of this article, the requirements of the Mount Prospect zoning code pertaining to home occupations shall apply. A person or entity, who, prior to the adoption of this article, has been issued a 2012 business license to engage in or carry out the business of massage, as a spa, massage therapy or health club, shall be subject to this article, but shall not be required to apply for a separate license or pay an additional license fee for 2012. B. State License Required: No person shall engage in massage for compensation, unless the person has a valid state license issued pursuant to the massage licensing act, 225 Illinois Compiled Statutes 57/1 et seq. 11.702: APPLICATION FOR MASSAGE ESTABLISHMENT BUSINESS LICENSE: In 35 Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application, under oath, with the village of Mount Prospect upon a form provided by the department of community development and pay a nonrefundable annual license fee, in the amount set forth in appendix A, division II of this code. Copies of the massage establishment business license application shall be forwarded to the building inspector and the health inspector. Each such inspector shall, within thirty (30) days, inspect the premises proposed to be operated as a massage establishment and upon inspection, each inspector shall file a written report with the department of community development concerning compliance with the applicable regulations. The application, once accepted, shall also be referred to the police department for investigation. The police department will perform the required criminal record check. Background investigations shall require the submission of fingerprints. The cost of the criminal record check and cost of fingerprint submissions shall be borne by the applicant. Each application shall contain the following information: A. A definition of service to be provided. B. The location, mailing address and all telephone numbers where the business is to be conducted. C. Federal employer identification number (FEIN) and state of Illinois business tax number (I BT). D. The name and residence address of each applicant (all provisions which refer to applicant include an applicant which may be a corporation, limited liability company or partnership). 1. If applicant is a corporation or limited liability company, the names and residence addresses of each of the officers and directors of the corporation or company and of each stockholder owning more than ten percent (10%) of the stock of the corporation or company, and the address of the corporation or company itself, if different from the address of the massage establishment. 2. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment. E. The two (2) previous addresses immediately prior to the present address of the applicant. F. Proof that the applicant is at least eighteen (18) years of age. G. Individual or partnership applicant's height, weight, color of eyes, hair and sex. H. Copy of identification, such as a driver's license. I. One portrait photograph of the applicant at least two inches by two inches (2" x 2") and a complete set of applicant's fingerprints shall be taken by the chief of police or his/her agent. If the applicant is a partnership, limited liability company, or corporation, the chief of police shall have the right to require fingerprints of any and all officers, shareholders, directors, partners, members, managers or agents of the entity along with the fee for each. 19 36 J. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. K. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another municipality, county or state, has had a business license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to such action of suspension or revocation. L. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. M. The name and address of each massage therapist who is or will be employed in the establishment, including a copy of their respective licenses as issued by the state department of professional regulation. N. The name and address of any other business owned or operated by any person whose name is required to be given in subsection D of this section. O. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. P. Authorization of the village, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. Q. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. R. The names, current addresses and written statements of at least three (3) bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the village, then the county, then the state of Illinois and lastly from the rest of the United States. These references must be persons other than relatives and business associates. Applicants, who hold a valid state license, are exempt from the fingerprinting and criminal background check requirement, if a copy of the license is submitted with the application. Upon the completion of the above provided form and the furnishing of all foregoing information, the department of community development shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the department of community development of each change in any of the data required to be furnished by this section within ten (10) days after such change occurs. 11.703: ISSUANCE OF LICENSE FOR A MASSAGE ESTABLISHMENT: The village of Mount Prospect shall issue a license for a massage establishment if all requirements for a massage establishment described in this article are met unless it finds: 20 37 A. The correct license fee or other fees or fines owed to the village of Mount Prospect have not been tendered to the village; or B. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the village's building, zoning, and health regulations; or C. The applicant or employees, other than massage therapists, have been found guilty of any of the following offenses or found guilty of an offense outside the state of Illinois that would have constituted any of the following offenses if committed within the state of Illinois: 1. An offense involving the use of force and violence upon the person of another that amounts to a felony. 2. An offense enumerated in any provision of article 11, entitled "sex offenses", of the Illinois criminal code, 720 Illinois Compiled Statutes 5/11-1 et seq., as amended from time to time. 3. A violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq., as amended from time to time. 4. A violation of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq., as amended from time to time. 5. A felony offense enumerated in article 24, deadly weapons, of the Illinois criminal code, 720 Illinois Compiled Statutes 5/24-1 et seq., as amended from time to time, or any other offense that involves the use of weapons. The village of Mount Prospect may issue a license to any person found guilty of (or whose employees, other than massage therapists, have been found guilty of) any of the crimes described in subsections C1 through C5 of this section only if it determines that such finding of guilt occurred at least ten (10) years prior to the date of the application and the individual has had no subsequent felony findings of guilty of any nature and no subsequent misdemeanor findings of guilty for a crime or crimes set forth in this section. Further, for the purpose of this section, any finding of guilty, including an order resulting in supervision, shall apply. D. Any applicant has knowingly made any false, misleading or fraudulent statement of fact or failed to disclose required information or a fact in the license application or in any other document required by the village. E. Any applicant has had a massage business, massage therapy or other similar permit or license denied, revoked or suspended by the village or any other state, county or local agency within five (5) years prior to the date of the application. F. Any applicant is not over eighteen (18) years of age or older. G. Copies of the state licenses of persons, who will be providing massage services at the business establishment, including outcall services, have not been provided. 21 38 11.704: APPROVAL OR DENIAL OF APPLICATION: The village of Mount Prospect shall act to approve or deny an application for a license under this article within a reasonable period of time and in no event shall the village of Mount Prospect act to approve or deny said license later than ninety (90) days from the date that said application was accepted by the village. Every license issued pursuant to this article will terminate on December 31 following such issuance, unless sooner suspended or revoked. 11.705: POSTING OF LICENSE; PHOTO IDENTIFICATION CARD: A. The state licenses issued to massage therapists shall be available for public inspection and review upon request, if said licenses are not posted and available for immediate inspection in the reception area for patrons, if any, or in the therapist's work area. B. Every massage therapist shall possess a government issued photo identification card while on the licensed premises and produce such identification card upon request of any representative of the village of Mount Prospect. C. To provide outcall massage service, the massage therapist must possess a government issued photo identification card and state license in the name of the individual providing the service. 11.706: REGISTER OF EMPLOYEES: The licensee or person designated by the licensee of a massage establishment shall maintain a register of all persons employed at any time, including massage therapists, along with their current photographs and a copy of their licenses. Such register shall be available at the massage establishment to representatives of the village of Mount Prospect during regular business hours. 11.707: REVOCATION OR SUSPENSION OF LICENSE; WAITING PERIOD AFTER REVOCATION: A. Any license issued for a massage establishment may be revoked or suspended by the village of Mount Prospect after notice and a hearing, for good cause, or in any case where any of the provisions of this article are violated or where any employee of the licensee, including a massage therapist, is engaged in any conduct which violates any of the state or local laws or regulations at licensee's place of business. Such license may also be revoked or suspended by the village of Mount Prospect after notice and hearing, upon the recommendations of the health inspector that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. Such revocation proceedings shall be as prescribed in chapter 10 of this code. B. If a license has been revoked for any cause, no license shall be granted to any person for the conduct of the business of a massage establishment at that location for a period of not less than twenty four (24) months. 11.708: REIMBURSEMENT OF COSTS FOR INVESTIGATION RESULTING IN BUSINESS LICENSE SUSPENSION OR REVOCATION: In the event that the village of Mount Prospect conducts an investigation of a licensed massage 22 39 establishment, which results in the revocation or suspension of its business license, the licensee shall reimburse the village for any and all of the village's costs for the investigation. Failure to pay such costs within ten (10) days' written notice from the village shall result in the continuance of any suspension until such time as those costs are paid and no massage establishment business license shall be issued or renewed for such a business at the same location until such costs have been paid to the village. The village shall have such additional or further remedies for collection of such costs as are available by law. 11.709: REVOCATION OF MASSAGE THERAPIST LICENSE: A massage therapist license issued by the state may be revoked or suspended in accordance with the Illinois massage licensing act, 225 Illinois Compiled Statutes 57/1 et seq., as it may be amended from time to time. The chief of police shall report any and all suspected violations to the massage licensing board and the department of professional regulation. 11.710: FACILITIES NECESSARY: Every location for which a massage establishment license is sought shall, in addition to meeting all other village regulations, comply with the following: A. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron. B. Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. C. The minimum number of plumbing fixtures shall be provided and maintained as required by this code. 11.711: OPERATING REQUIREMENTS: A. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary manner. B. Prices for all services shall be prominently posted in the reception area in a location available to all prospective customers. C. All employees, including massage therapists, shall be clean and wear clean, nontransparent outer garments. D. All massage establishments shall be provided with clean, laundered sheets and towels which shall be laundered after each use by an individual patron and stored in a sanitary manner. All towels and linens furnished for use of one patron shall not be refurnished for use of another patron until laundered. 23 40 E. The sexual or genital areas of patrons must be covered with nontransparent towels, cloths, or undergarments when in the presence of an employee or massage therapist. F. All walls, ceilings, floors, pools, showers, baths, and steam rooms and any other physical facilities shall be kept in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the massage establishment is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, shall be kept dry. G. Oils, creams, lotions, and other preparations used in administering massages shall be kept in clean, closed containers or cabinets. H. Each massage therapist shall wash his or her hands in hot running water using a proper soap or disinfectant before administering massage to any patron. I. No massage therapist, employee, or licensee shall perform, offer, or agree to perform any act which shall require the touching of a patron's sexual or genital area. J. Any reception or waiting area shall be open to the public and visible from outside of the immediate entrance, e.g., storefront windows and any entrance door shall be transparent and unobstructed. Any exterior windows or doors with a view to the waiting area or reception area must be free of any posting or material that would obstruct the view of the waiting area or reception area from the outside of the establishment. K. No massage establishment granted a license under the provisions of this article shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services. L. No massage establishment granted a license under the provisions of this article shall depict, place, publish, distribute, or cause to be depicted, placed, published, or distributed any advertising matter that suggests to prospective patrons that any services are available other than those services permitted by this article, or which would suggest that employees or massage therapists are dressed in any manner other than that permitted by this article. M. No advertising will suggest or describe the physical characteristics of employees or massage therapists. N. No person shall be denied a massage or access to the massage establishment because of gender. 11.712: PERSONS UNDER AGE EIGHTEEN PROHIBITED ON PREMISES: It shall be unlawful to permit any person under the age of eighteen (18) years to be offered or receive a massage at any massage business establishment unless accompanied by, or with written consent of, a parent or legal guardian. 11.713: ALCOHOLIC BEVERAGES PROHIBITED: 24 41 No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on any premises used in any way for or by a massage business, patron or massage therapist. 11.714: HOURS: No portion of any business premises used in any way for or by a massage business shall be kept open for any purpose between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. 11.715: EMPLOYMENT OF MASSAGE THERAPIST: No person shall employ, as a massage therapist, any person unless the employee has obtained and has in effect a state license issued by the Illinois department of professional regulation pursuant to the Illinois massage licensing act, 225 Illinois Compiled Statutes 57/1 et seq., as it may be amended from time to time. 11.716: INSPECTIONS REQUIRED: Upon issuance of a massage establishment business license, in addition to the inspection requirements of section 11.202 of this chapter, the licensee shall provide any representative of the village with reasonable opportunity to inspect the premises for which the permit is issued and to interview the licensee's agents and employees for the purpose of determining that the provisions of this article and other applicable ordinances and state and federal laws are being complied with. It shall be unlawful for any person to fail to allow any representative of the village access to the premises of the massage establishment or to hinder such access in any manner. 11.717: UNLAWFUL ACTS: A. It shall be unlawful for any person, in a massage establishment, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital area of any other person. B. It shall be unlawful for any person, in a massage establishment, to expose his or her sexual or genital area to any other person. It shall also be unlawful for any person, in a massage establishment, to expose the sexual or genital area of any other person. C. It shall be unlawful for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering, the sexual or genital area of his or her body. D. It shall be unlawful for any person to perform, offer or agree to perform any act which shall require the touching of a patron's sexual or genital area or any unlawful act, as defined in 720 Illinois Compiled Statutes 5/11-14, 5/11-14.1, 5/11-14.3, and 5/11-14.4, which are incorporated as now or hereafter amended. E. It shall be unlawful for any person owning, operating or managing a massage establishment, to cause, allow or permit in or about such massage establishment, any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in subsection A, B, C or D of this section. 25 42 F. It shall be unlawful for any licensee under this article to administer or permit massage within the village, except within the establishment licensed to carry on such business under this article or as outcall massage service. G. It shall be unlawful for any massage service to be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be clearly marked as to purposes on the exterior door or curtain of the cubicle, room or booth. Nothing contained in this article shall be construed to eliminate any other regulation concerning the maintenance of premises, or to preclude authorized inspection of any premises, whenever such inspection is deemed appropriate by the police or health departments. 11.718: MASSAGE ESTABLISHMENT LICENSE; EXEMPTIONS: The massage establishment license shall not be required for hospitals, nursing homes, sanatoriums, or any facility at which a healthcare worker duly licensed by the state of Illinois provides, on an ongoing basis, professional health services to individuals, including, but not limited to, the offices of an occupational therapist licensed under the Illinois occupational therapy practice act, 225 Illinois Compiled Statutes 75/1 et seq.; a physical therapist licensed under the medical practice act, 225 Illinois Compiled Statutes 60/1 et seq.; a chiropractor licensed under the medical practice act, 225 Illinois Compiled Statutes 60/1 et seq.; and a naprapath listed under the Illinois naprapathic practice act, 225 Illinois Compiled Statutes 63/1 et seq. 11.719: SALE OR TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer or relocation of a massage establishment, the license shall be null and void. 11.720: NAME AND PLACE OF BUSINESS: No person granted a license pursuant to this article shall operate the massage establishment under a name not specified in the license, nor shall the person conduct business under any designation or location not specified in the license, except that the location for outcall massage service need not be specified on the license. 11.721: JOINT AND SEVERAL LIABILITY: Any act or failure to act of an employee, a person performing massage at or on behalf of a massage establishment, or an agent of the licensee with respect to the licensed business shall be deemed to be the act of the licensee. The licensee and individual committing a violation are jointly and severally liable for any fines or penalties assessed pursuant to this article. 11.722: VIOLATION AND PENALTY: Any person violating any provisions of this article shall be punished by a fine in the amount set forth in appendix A, division III of this code. A separate offense shall be deemed committed each time on each day during or on which violation occurs or is permitted to occur. 26 43 Article VIII SALE OF TOBACCO AND RELATED PRODUCTS 11.801: LICENSE REQUIRED: 11.802: APPLICATION: 11.803: LICENSE FEE: 11.803.1: RESTRICTED ACCESS: 11.804: PROHIBITED SALES OR DELIVERY: 11.805: SIGNAGE PROHIBITING SALES TO UNDERAGE PERSONS: 11.806: PROOF OF AGE REQUIRED: 11.807: CERTAIN DISTRIBUTIONS PROHIBITED: 11.807.1: HOME DELIVERIES; CONSENT FORM, PERSON TO PERSON DELIVERY: 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS: 11.809: RESPONSIBILITY FOR AGENTS AND EMPLOYEES: 11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS: 11.811: USE OF PREMISES AFTER REVOCATION: 11.812: PENALTIES: 11.801: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any tobacco and related products within the Village without first having obtained a license therefor from the Village in the manner provided in this chapter. For the purposes of this chapter, tobacco products includes tobacco related products as defined in article I of this chapter, and includes traditional tobacco leaf products including but not limited to cigarettes, cigars, and chewing tobacco and also electronic nicotine delivery systems including but not limited to e -cigarettes, vapes, and e -cigars. 11.802: APPLICATION: A written application for a license hereunder shall be made in writing to the Director of Community Development or his designee and shall be processed in accordance with requirements set forth in this chapter. 11.803: LICENSE FEE: The license fee for a tobacco dealer's license shall be as set forth in appendix A, division II. 11.803.1: RESTRICTED ACCESS: Any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products shall keep tobacco products behind a counter in an area restricted in access to the licensee or the licensee's agents or employees. 11.804: PROHIBITED SALES OR DELIVERY: A. It shall be unlawful for any person, firm or corporation to sell, offer for sale, give away, or deliver tobacco products to any person under twenty one (21) years of age. 27 44 B. Persons engaged in the business of retail tobacco dealer may engage, employ or permit a person under nineteen (19) years of age to work on the licensed premises, if the person under nineteen (19) years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits a person under nineteen (19) years of age to work pursuant to this subsection shall not assign or permit that person to perform any duties or acts relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits persons under nineteen (19) years of age to work as allowed in this subsection shall be responsible for ensuring that such person does not consume, obtain or possess tobacco products on the licensed premises. 11.805: SIGNAGE PROHIBITING SALES TO UNDERAGE PERSONS: Signs informing the public of the age restrictions provided in section 11.804 of this article, shall be posted by every licensee within one foot (1') of every display of tobacco products, on every vending machine which offers tobacco products for sale and at each cash register or other point of purchase on the premises. Each such sign shall state: The sale of tobacco products to persons under twenty-one (2 1) years of age is prohibited by law. A photo identification showing proof of age shall be required of everyone under twenty seven (27) years of age desiring to purchase tobacco products. Violations shall be reported to the Police Department. Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (8'/2") in height and eleven inches (11 ") in width. Lettering on said sign shall be at least one-half inch ('/2") in height. Said signs shall also inform the public that the Village Police Department is to be contacted should the law be violated. 11.806: PROOF OF AGE REQUIRED: No tobacco products may be sold to any person under twenty seven (27) years of age unless that person has provided, at the point of purchase, a photo identification showing date of birth. 11.807: CERTAIN DISTRIBUTIONS PROHIBITED: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person in the course of such licensee's business, to deliver tobacco products to any person on any right-of-way, playground, park, or other property owned by the Village, any School District, any Park District, or any public library. 11.807.1: HOME DELIVERIES; CONSENT FORM, PERSON TO PERSON DELIVERY: A. It shall be unlawful to deliver tobacco products to a residence in the Village, unless the delivering agency has, on file at the time of delivery, an original consent form, executed by a person twenty one (21) years of age or older in the presence of an employee of the delivering agency. W 45 B. It shall be unlawful to make a home delivery of a tobacco product except by face to face delivery into the hands of an individual providing proof that he or she is twenty one (21) years of age or older. 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS: A. It shall be unlawful for any person to sell or offer for sale, give away, deliver or to keep tobacco products with the intention of selling, giving away, or delivering such products by use of a vending machine or self-service display. B. The following premises are exempt from subsection A of this section: 1. Those premises including taverns and cocktail lounges where access by persons under twenty one (21) years of age is prohibited by law. 2. Premises where the public is generally not permitted, and where vending machines are strictly for the use of employees of a business located at such premises and none of those employees are under twenty one (21) years of age. 11.809: RESPONSIBILITY FOR AGENTS AND EMPLOYEES: Every act or omission of whatsoever nature constituting a violation of any of the provisions of this article by any officer, director, manager, or other agent or employee of any licensee, shall be deemed and held to be the act of such licensee; and such licensee shall be punished in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. 4189, 5-15-1990; amd. Ord. 4914, 3-3-1998) 11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS: A. The Village President may fine and/or suspend and/or revoke the tobacco license of any licensee that the Village President determines has violated any Village regulation or other law of any kind or nature if the violation is related to the operation of the licensed premises. In addition, the Village President may fine any individual that the Village President determines has violated any provision of this chapter even if that individual is not a licensee. The procedure for declaring and enforcing such fine, suspension or revocation shall be as follows: 1. The Village Manager, the Chief of Police or the Village Attorney may file a written charge of a violation with the Village President. 2. The charges shall be served on the licensee. The charges shall set a hearing date and time informing the licensee of the right to such hearing for the purpose of presenting evidence to dispute the charges. The matter shall be set for a hearing to take place not less than seven (7) nor more than twenty one (21) days after service of the charges on the licensee. 3. The Village President may, in writing, delegate to the Village Manager the authority to confer with the licensee with respect to any charges. However, the penalty to be assessed and any waiver of a hearing shall be subject to the Village President's final approval. 29 4. If the licensee fails to respond to the charges, the Village President may enter a default order against the licensee. 5. If the Village President sustains the charge or any portion of it either after default, hearing or conference, the Village President may, by written order, suspend or revoke the tobacco license and/or may fine the licensee. The fine may be in addition to a revocation or suspension. If the Village President decides to suspend the license, the term of the suspension shall be within the discretion of the Village President. 6. If, after the conclusion of the hearing, the Village President finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for the hearing, including, but not limited to, court reporter fees, witness fees and attorney fees. This shall be in addition to any other penalties assessed against the licensee. 7. All proceedings before the Village President shall be recorded and placed in a certified official record of such proceedings taken and prepared by the certified court reporter. B. In addition to any other powers set forth in this chapter, the Village President may immediately suspend, pending the exercise of the right to a hearing, the privilege of service of tobacco products of any licensee who does not display a currently valid State or local tobacco license or who in the judgment of the Village President is operating the business in such a manner as to endanger the health or safety of patrons of the premises or of the community. C. The fines imposed shall be an amount set forth in appendix A, division III of this Code, for each violation. D. The licensee shall pay any said fines and costs assessed under this section to the Village within thirty (30) days of notification of the costs by the Village President. Failure to pay said costs within thirty (30) days of notification shall be cause for immediate revocation of the license. No hearing as set forth in this article shall be necessary for revocation for failure to pay hearing costs. (Ord. 6434, 2-19-2019) 11.811: USE OF PREMISES AFTER REVOCATION: When any license shall have been revoked for any reason, no subsequent license shall be granted for that premises or to the licensee or any principal agent or manager of that licensee for a period of six (6) months thereafter for the conduct of the business of selling "tobacco products" as defined in this chapter in the premises of the revoked license. 11.812: PENALTIES: Nothing herein shall prevent the Village from proceeding against a licensee in the Circuit Court in lieu of administrative proceedings. Any person found guilty of violating any provisions of this article shall be fined an amount set forth in appendix A, division III of this Code, for each offense. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. 30 47 Article IX RAFFLES AND CHANCES 11.901: DEFINITIONS: 11.902: LICENSE REQUIRED: 11.903: ELIGIBILITY FOR LICENSE: 11.904: APPLICATION FOR LICENSE: 11.905: LICENSES: 11.906: CONDUCT OF RAFFLES: 11.907: RECORDKEEPING: 11.908: REVOCATION AND SUSPENSION: 11.901: DEFINITIONS: For the purpose of this article, the terms "net proceeds" and "raffles" shall have the meanings given them under section 1 of an "Raffle and Poker Runs Act", enacted by the 81st Illinois general assembly (hereinafter the "act"), and the terms "nonprofit", "charitable", "educational", "religious", "fraternal", "veterans", and "labor" shall have the meanings given them under the act. 11.902: LICENSE REQUIRED: It shall be unlawful to conduct a raffle without having obtained a license therefor pursuant to this article. 11.903: ELIGIBILITY FOR LICENSE: A. License shall be issued only to bona fide religious, charitable, labor, fraternal, educational or veterans' 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. B. No license shall be issued to any of those persons, firms, corporations, and organizations described in section 3(5) of the act, as it may be amended from time to time. 11.904: APPLICATION FOR LICENSE: A. An application for a license to conduct a raffle pursuant to this article shall be made to the village manager or designee on the forms provided by his office. A separate application shall be submitted for each license which is sought. B. Each application shall contain the following information: 1. The name and address of the organization seeking the license. 2. If the organization seeking the license is a corporation, the state and date of incorporation. 3. The names and addresses of the officers and directors of the organization seeking the license. 31 48 4. The names and addresses of any person who has a proprietary, equitable or credit interest in the firm or corporation seeking the license. 5. An affidavit that the applicant organization is not ineligible for a license the act, as it may be amended from time to time. 6. The name and address of the individual designated by the applicant organization to be the manager of the raffle. 7. The area or areas within the village in which raffle chances shall be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which such winning chances will be determined. 8. The cost of each chance to win such raffle. 9. A sworn statement attesting to the not for profit character of the applicant organization and to the fact that it has been in existence continuously for a period of five (5) years immediately before making application for a license and that during that entire five (5) year period, it has been a bona fide membership engaged in carrying out its objectives. C. A nonrefundable application fee in the amount set forth in appendix A, division II of this code shall be paid at the time application is submitted. No application shall be completed without the payment of such fee. D. The village treasurer shall act upon an application for a license within thirty (30) days of receiving a complete application. 11.905: LICENSES: A. Any license issued pursuant to this article shall contain the following: 1. The name and address of the licensee. 2. The area or areas within the village in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined. B. Each license issued shall be valid for only one raffle. 11.906: CONDUCT OF RAFFLES: The conduct of any raffle licensed pursuant to this article is subject to the following restrictions: A. The aggregate value for all prizes or merchandise awarded in a single raffle shall be no greater than the amount set forth in appendix A, division I of this code. B. The retail value of any prize awarded shall not exceed the amount set forth in appendix A, division I of this code. 32 49 C. The price charged for each raffle chance issued or sold shall not exceed the amount set forth in appendix A, division I of this code. D. Chances sold for a single raffle may not be issued or sold for more than one hundred twenty (120) days. E. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the licensee organization. F. No person except a bona fide member of the licensee organization may participate in the management or operation of the raffle. G. No person may receive any remuneration or profit for participating in the management or operation of the raffle. H. A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under the act. I. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license. J. No person under the age of eighteen (18) years may participate in the conduct of raffles or chances. A person under the age of eighteen (18) may be within the area where winning chances are being determined only when accompanied by his parent or guardian. K. All operations and conduct of a raffle shall be under the supervision of the raffles manager designated in the application for the license. 11.907: RECORD KEEPING: Each organization licensed pursuant to this article shall maintain records and make reports as required by the act. 11.908: REVOCATION AND SUSPENSION: A. The village manager may deny, suspend or revoke any license issued pursuant to this article if he determines that: 1. The application contains any false, fraudulent, or misleading statement; or 2. The applicant, licensee, or any officer or director of the applicant or licensee has violated this article, or any other ordinance of the village. B. If any license issued pursuant to this article is revoked, the licensee shall immediately refund all monies collected to the persons who purchased tickets or chances in the raffle authorized by the revoked license. 33 50 Article X SOLICITORS 11.1001: SOLICITATION IN VIOLATION OF SIGN: 11.1002: SOLICITING: 11.1003: NOTICE REGULATING SOLICITING: 11.1004: DUTY OF SOLICITORS: 11.1005: LIMITATIONS ON SOLICITATION: 11.1006: PENALTY: 11.1001: SOLICITATION IN VIOLATION OF SIGN: It shall be unlawful for any person to engage in the business of soliciting or commercial canvassing, as defined in article I of this chapter, upon any premises within the corporate limits of the village wherein an owner or occupant has posted a notice stating "Solicitation Prohibited" or "No Solicitors Invited", as provided in section 11.1003 of this article. 11.1002: SOLICITING: It is hereby declared to be the policy of the village that the occupant or occupants of buildings in this village shall make the determination of whether solicitors or commercial canvassers as defined in article I of this chapter shall be, or shall not be, invited into their respective buildings. 11.1003: NOTICE REGULATING SOLICITING: Every owner or occupant desiring to restrict or prohibit solicitors or commercial canvassers and to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this article, shall give notice of a restricted invitation to solicitors, or prohibition of solicitations, to any premises, by the following means: A. A weatherproof card, no larger than three inches by four inches (3" x 4") in size shall be exhibited upon or near the main entrance door to the building, indicating the determination by the owner or an occupant, containing the applicable words, as follows: or NO SOLICITORS INVITED SOLICITATION PROHIBITED B. The letters shall be at least one-third inch ('/3") in height. C. The card shall constitute sufficient notice to any solicitor of the intention of the occupant with respect to the information contained on the card. 11.1004: DUTY OF SOLICITORS: 34 51 A. It shall be the duty of every solicitor when going onto any premises to first examine any notice posted as provided in section 11.1003 of this article, and to be governed by the statement contained on the notice. If the notice states "Solicitation Prohibited" or "No Solicitors Invited", then the solicitor shall immediately, without further notice, leave the premises. 11.1005: LIMITATIONS ON SOLICITATION: A. Prohibited Hours. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting or commercial canvassing prior to nine o'clock (9:00) A.M. of any weekday or Saturday, or after eight o'clock (8:00) P.M. on any weekday or Saturday during daylight saving time, or prior to nine o'clock (9:00) A.M. of any weekday or Saturday or after six o'clock (6:00) P.M. of any weekday or Saturday during central standard time, or at any time on a Sunday or on a state or national holiday. (Ord. 5998, 3-6-2012) B. Acts of Trespass: Any of the following acts by any person shall be deemed included among those that constitute trespasses in violation of the provisions of this Article, and appropriate action may be taken thereunder at any time, or from time to time, to prevent or suppress any violation or violations of this chapter, the aforesaid enumerated acts so included, being as follows: 1. Any entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof; or 2. The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof; or 3. A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; or 11.1006: PENALTY: In addition to any other penalties described in this article, every person found guilty of a violation of any provision of this article shall be punished by a fine as set forth in appendix A, division III of this code. 35 52 Article XI CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES 11.1101: HOURLY WAGES AND SICK LEAVE: 11.1101: HOURLY WAGES AND SICK LEAVE: A. Employers within the Village shall comply with all applicable Federal and/or State laws and regulations as such laws and regulations may exist from time to time with regard to both the payment of minimum hourly wages and paid sick leave. Employee eligibility for paid sick leave and minimum hourly wages shall also be in compliance with all applicable Federal and/ or State laws and regulations as such laws and regulations may exist from time to time. B. No additional obligations with regard to paid sick leave, or minimum hourly wages imposed by any ordinance adopted by the County of Cook Board of Commissioners shall apply to employers located within the Village. C. For the purposes of this section, the term "employee" means an individual permitted to work by an employer regardless of the number of persons the employer employs, and the term "employer" means any person employing one (1) or more employees, or seeking to employ one (1) or more employees, if the person has its principal place of business within the Village or does business within the Village. D. For the purposes of this section, the term "employer" does not mean: 1. The government of the United States or a corporation wholly owned by the government of the United States; 2. A Tribal Government or a corporation wholly owned by a Tribal Government; 3. The government of the State or any agency or department thereof; or 4. The government of any municipality. 36 53 Article XII CANNABIS BUSINESS ESTABLISHMENTS 11.1201: PURPOSE AND APPLICABILITY: 11.1202: DEFINITIONS: 11.1203: CONSUMPTION, PURCHASE, ACCEPTANCE OR POSSESSION PROHIBITED: 11.1204: BUILDING ENHANCEMENTS: 11.1205: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: 11.1206: COMPLIANCE WITH OTHER REGULATIONS: 11.1207: USE OF PREMISES FOR CONSUMPTION: 11.1208: SIGNAGE PROHIBITING SALES: 11.1209: PROOF OF AGE REQUIRED: 11.1210: OPERATION OF A MOTOR VEHICLE IN A STATE OF IMPAIRMENT: 11.1211: USE OF FALSE IDENTIFICATION: 11.1212: SUSPENSION, REVOCATION, FINES AND COSTS: 11.1213: PENALTIES: 11.1214: ADVERTISEMENT PROHIBITED: 11.1215: OTHER RESTRICTIONS ON SALES FOR CANNABIS DISPENSARIES: 11.1201: PURPOSE AND APPLICABILITY: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of cannabis occurring within the corporate limits of the Village of Mount Prospect. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (120 ILCS 705/1, et seq.) ("Act"), as it may be amended from time -to - time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply. 11.1202: DEFINITIONS: To the extent a word or term is defined in the Compassionate Use of Medical Cannabis Program Act or in the Cannabis Regulation and Tax Act and is not included within the Definitions in article I of this chapter, that word or term shall have the same meaning as provided by those Acts. 11.1203: CONSUMPTION, PURCHASE, ACCEPTANCE OR POSSESSION PROHIBITED: A. It shall be unlawful for any person, firm or corporation to sell, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies within the Village without first having obtained a license from the State of Illinois and the Village. A dispensing organization's license allows for a dispensary to be operated only at a single location. B. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies to persons under twenty-one (21) years of age and in contravention to the provisions of the Cannabis Regulation and Tax Act, (120 ILCS 705/1 et seq). The prohibitions set forth in this section shall not apply to persons who consume, purchase, or possess cannabis, cannabis -infused products, 37 54 cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program, 120 ILCS 130/1 et seq. C. It shall be unlawful for any person under twenty-one (21) years of age to consume, purchase, accept a gift of or have cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies to purchasers in his or her possession or in his or her bloodstream. The prohibitions set forth in this section shall not apply to persons who consume, purchase, or possess cannabis, cannabis -infused products, cannabis seeds, paraphernalia or related supplies pursuant to the Compassionate Use of Medical Cannabis Program, 120 ILCS 130/1 et seq. D. It shall be unlawful for any person, firm or corporation to encourage the sale of cannabis or cannabis products by giving away cannabis or cannabis products, by conducting games or competitions related to the consumption of cannabis or cannabis products, or by providing promotional materials or activities of a manner or type that would be appealing to children. 11.1204: BUILDING ENHANCEMENTS: A. Any licensee of a Cannabis Business Establishment shall install building enhancements, such as security cameras, lighting or other improvements to ensure the safety of employees and customers of the cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for a Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act. B. A dispensing organization must keep all lighting outside and inside the dispensary in good working order and wattage sufficient for security cameras. 11.1205: CONDUCT OF EMPLOYEES AND AGENTS; SUPERVISOR ON PREMISES: A. Any act or failure to act of an employee or agent of either the licensee or a management company with respect to the licensed business shall be deemed to be the act of the licensee. Any duty set forth in this chapter as a duty of the licensee shall also be the duty of any agent or employee of the licensee. B. A person must be at least twenty-one (21) years of to sell cannabis products or otherwise be an employee for any cannabis business establishment. C. A "manager", as defined by Section 13.101, shall be on the premises at all times that the licensed premises is open for business. D. A dispensing organization shall submit a list to the State of the names of all service professionals that will work at the dispensary. 11.1206: COMPLIANCE WITH OTHER REGULATIONS: All licensed premises shall be maintained in full compliance with all other regulations of the State, the Cannabis Regulation and Tax Act, and the Village, including, but not limited to, those relating to the storage or sale of food, sanitary conditions, building and safety conditions. 11.1207: USE OF PREMISES FOR CONSUMPTION: IN 55 It shall be unlawful for any person, as defined by this Article, to knowingly permit or to knowingly or negligently fail to immediately prevent or stop, on business premises under his or her control, the consumption of any cannabis by any individual. This restriction serves as a prohibition on Cannabis Lounge or Social Spaces and a prohibition of any business, including Cannabis Business Establishments, from incorporating portions of its square footage to Cannabis Lounge or Social Space. It does not prohibit individual consumption on private property as defined by the Act. 11.1208: SIGNAGE PROHIBITING SALES: A. Signs informing the public of the age restrictions of this article, shall be posted by every licensee in conspicuous view on the premises. Each such sign shall state: B. The sale of cannabis products to persons under twenty-one (21) years of age is prohibited by law. A photo identification showing proof of age shall be required of everyone under twenty-seven (27) years of age desiring to purchase cannabis products. Violations shall be reported to the Police Department. C. Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (81/2") in height and eleven inches (11") in width. Lettering on said sign shall be at least one-half inch ('/2") in height. Said signs shall also inform the public that the Village Police Department is to be contacted should the law be violated. 11.1209: PROOF OF AGE REQUIRED: No cannabis products may be sold to any person under twenty seven (27) years of age unless that person has provided, at the point of purchase, a government issued photo identification showing date of birth. 11.1210: OPERATION OF A MOTOR VEHICLE IN A STATE OF IMPAIRMENT: It shall be unlawful for any person under twenty-one (21) years of age to operate a motor vehicle on a street or highway of the village with any cannabis whatsoever in his or her system. For purposes of this section only, "operation of a motor vehicle" shall have the definition ascribed to it in the Illinois vehicle code. 11.1211: USE OF FALSE IDENTIFICATION: No person shall transfer, alter or deface any identification card; use any identification card of another; carry or use a false or forged identification card; obtain an identification card by means of false information; or otherwise misrepresent age for the purpose of purchasing or obtaining cannabis products. 11.1212: SUSPENSION, REVOCATION, FINES AND COSTS: Any such business license or conditional use issued by the Village may be suspended up to sixty (60) days or revoked by the village manager, or an application for issuance or renewal of such license may be refused by the village clerk as outlined in the provisions of in this chapter, if either determines: A. That the application of the applicant or license holder contains any false, fraudulent or misleading material statement; or 39 W B. That 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, 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 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 welfare of the public; or D. That the applicant or license holder has suffered a revocation or refusal to issue or renew such license by any state, municipality or licensing authority. 11.1213: PENALTIES: Nothing herein shall prevent the Village from proceeding against a licensee in the Circuit Court in lieu of administrative proceedings. Any person found guilty of violating any provisions of this article shall be fined an amount set forth in appendix A, Division III of this code, for each offense. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. 11.1214: ADVERTISEMENT PROHIBITED: Cannabis Business Establishments cannot advertise cannabis or a cannabis infused product in any form or through any medium: A. Within 1,000 feet of school grounds, playground, hospital, healthcare facility, recreation center or facility, child care center, public park or library or any recreation center that admits persons under age 21; B. On or in a publicly -owned or publicly -operated property; or C. Which contains information that: 1. is false or misleading; 2. promotes excessive consumption; 3. depicts a person under 21 years of age consuming cannabis; This includes the image of a cannabis leaf or any image designed or likely to appeal to minors, including cartoons, toys, animals or children, or any other likeness to images, characters or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling or that promotes consumption of cannabis. D. For the purposes of this article, advertise is defined as to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs, per the Cannabis Regulation and Tax Act, (410 ILCS 705/1 et seq), as it may be amended from time -to -time, and regulations promulgated thereunder. All other advertisement restrictions pursuant to the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq), and Chapter 7 of the Village code shall apply. 40 57 11.1215: OTHER RESTRICTIONS ON SALES FOR CANNABIS DISPENSARIES: A. Operating hours. A dispensing organization may operate between 6 A.M. and 10 P.M. as permitted by law. B. A dispensing organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act. C. A dispensing organization must include the legal name of the dispensary on the packaging of any cannabis product it sells. D. Dispensing organizations are prohibited from selling any product containing alcohol except tinctures, which must be limited to containers that are no larger than 100 milliliters. E. Sell cannabis, cannabis concentrate, or cannabis -infused products in combination or bundled with each other or any other items for one price, and each item of cannabis, concentrate, or cannabis -infused product must be separately identified by quantity and price on the receipt; F. Sell clones or any other live plant material; G. Have fewer than 2 people working at the dispensary at any time while the dispensary is open; H. Operate a dispensary if its video surveillance equipment is inoperative; I. Operate a dispensary if the point-of-sale equipment is inoperative; J. Operate a dispensary if the State's cannabis electronic verification system is inoperative; K. Enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or to transport cannabis to purchasers; L. Refuse to conduct business with an adult use cultivation center, craft grower, transporting organization, or infuser that has the ability to properly deliver the product and is permitted by the Department of Agriculture, on the same terms as other adult use cultivation centers, craft growers, infusers, or transporters with whom it is dealing; M. Operate drive-through windows; N. Allow for the dispensing of cannabis or cannabis -infused products in vending machines; O. Transport cannabis to residences or other locations where purchasers may be for delivery; P. Produce or manufacture cannabis; Q. Accept a cannabis product from an adult use cultivation center, craft grower, infuser, dispensing organization, or transporting organization unless it is prepackaged and labeled in accordance with the Act and any rules that may be adopted pursuant to the Act; R. Obtain cannabis or cannabis -infused products from outside the State of Illinois; 41 S. Sell cannabis or cannabis -infused products to a purchaser unless the dispensary organization is licensed under the Compassionate Use of Medical Cannabis Pilot Program, and the individual is registered under the Compassionate Use of Medical Cannabis Pilot Program or the purchaser has been verified to be over the age of 21; T. Enter into an exclusive agreement with any adult use cultivation center, craft grower, or infuser. 42