HomeMy WebLinkAboutOrd 6764 11/06/2024 Amending Chapter 11 "Merchants", Businesses And Occupations", Chapter 14 "Zoning", And Appendix A Of The Village Code Of The Village Of Mount Prospect, IllinoisORDINANCE NO. 6764
AN ORDINANCE AMENDING CHAPTER 11 "MERCHANTS, BUSINESSES AND
OCCUPATIONS", CHAPTER 14 "ZONING", AND APPENDIX A OF THE VILLAGE
CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect is a home rule municipality as defined
by Article VII, § 6 of the Illinois Constitution of 1970; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect desire to make certain amendments to the Village Code of Mount Prospect as
set forth below; and
WHEREAS, pursuant to the authority granted under the Illinois Municipal Code
and in accordance with home rule authority granted to home rule municipalities, the
President and Board of Trustees of the Village of Mount Prospect approve the
amendments as set forth below.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Section 11.801 "License Required" shall be amended to read as:
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.
Tobacco lounges, tobacco shops, vape lounges, and vape shops, as defined in Section
14.2401, shall obtain a tobacco establishment license.
Other establishments selling tobacco and related products as an accessory retail use
shall obtain a tobacco sales license in conjunction with a valid Class I or Class II business
license. Such establishments include but are not limited to gas stations, liquor stores,
pharmacy stores, and grocery stores.
SECTION 2: Section 11.802 "Application" shall be labeled as Section 11.802:
"Application for Tobacco Establishment License" and shall read as:
11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE:
Every applicant for a license to maintain, operate, or conduct a tobacco 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
tobacco 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 tobacco 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 detailed description of services and products that will be offered, including any
non -tobacco products and accessories.
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 (IBT).
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 tobacco
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 tobacco establishment.
E. The two (2) previous addresses immediately prior to the present address of the
applicant.
F. Proof that the applicant is at least twenty one (21) years of age.
G. Individual or partnership applicant's height, weight, color of eyes, hair and sex.
H. Copy of photo 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.
J. Business, occupation, or employment of the applicant for the three (3) years
immediately preceding the date of application.
K. The business license history of the applicant, including:
1. 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; and
2. Whether such person, in previously operating in this or another municipality,
county or state, has had a business fined or suspended for FDA Tobacco
Compliance Checks.
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 any other business owned or operated by any person
whose name is required to be given in subsection D of this section.
N. A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant.
O. 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 license.
P. Such other identification and information necessary to discover the truth of the
matters required to be set forth in the application.
Q. Written statements of at least three (3) bona fide permanent residents of the United
States that the applicant is of good moral character. Each written statement shall
include the reference's name, current address, phone number, and a copy of a
government -issued ID. 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.
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 tobacco 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.
SECTION 3: Chapter 11, Article VIII "Sale of Tobacco and Related Products"
shall be amended by adding a new section labeled Section 11.802.1: "Application for
Tobacco Sales License" and shall read as follows:
11.802.1: APPLICATION FOR TOBACCO SALES LICENSE:
A written application for a tobacco sales license 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.
The license fee for a tobacco sales license shall be as set forth in appendix A, division
II.
SECTION 4: Section 11.803 "License Fee" shall be labeled as Section 11.803:
"Issuance of License for a Tobacco Establishment" and shall read as:
11.803: ISSUANCE OF LICENSE FOR A TOBACCO ESTABLISHMENT:
The village of Mount Prospect shall issue a license for a tobacco establishment if all
requirements for a tobacco establishment described in this article are met unless it
finds:
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 has 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. A violation of the Illinois Prevention of Tobacco Use by Persons under 21
Years of Age and Sale and Distribution of Tobacco Products Act, 720
Illinois Compiled Statutes 675 et seq., as amended from time to time.
2. An offense involving the use of force and violence upon the person of
another that amounts to a felony.
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 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 tobacco establishment 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 twenty one (21) years of age or older.
SECTION 5: Subsection B of Section 11.804 "Prohibited Sales or Delivery" shall
be amended to read as:
11.804: PROHIBITED SALES OR DELIVERY:
B. Persons engaged in the business of retail tobacco sales 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.
SECTION 6: Section 11.805 "Signage Prohibiting Sales to Underage Persons"
shall be amended to read as:
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, 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 (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 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
(81/2") in height and eleven inches (11") in width. Lettering on said sign shall be at least
one-half inch (1/2") in height. Said signs shall also inform the public that the Village
Police Department is to be contacted should the law be violated.
SECTION 7: Section 11.808 "Vending Machines or Self -Service Displays" shall
be amended to read as:
11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS:
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.
SECTION 8: Subsection A of Section 11.810 "Suspension; Revocation of
License, Fines, Costs" shall be amended to read as:
11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS:
A. The Village President may fine and/or suspend and/or revoke the tobacco
establishment license or the tobacco sales 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:
SECTION 9: Chapter 11, Article VIII "Sale of Tobacco and Related Products"
shall be amended by adding a new section labeled Section 11.813: "Sale or Transfer or
Change of Location" and shall read as follows:
11.813: SALE OR TRANSFER OR CHANGE OF LOCATION:
Upon sale, transfer or relocation of a tobacco establishment, the tobacco establishment
license shall be null and void.
SECTION 10: Land Use Table 2: "Commercial and Industrial Zoning Districts" of
Section 14.604 "Land Use Tables" shall be amended to change "Tobacco shops" and
"Vape shops" to conditional uses:
Land Use B-1 B-2 B-3 B-4 B-5 B -5C 1-1 1-2 1-3
..........
Tobacco C C C C
lounges
Tobacco C C C C
shops
Vape C C
Lounges
Vape C
shops
SECTION 11: Section 11.202 "License Fees" of Division II "Fees, Rates and
Taxes" of Appendix A shall be stricken in its entirety.
SECTION 12: Division II "Fees, Rates and Taxes" of Appendix A shall be
amended to add Section 11.802: "Application for Tobacco Establishment; License" and
shall read as follows:
Section 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE:
First year: $250.00; each year thereafter (annually): $100.00.
SECTION 13: Section 11.803: "License Fee" of Division II "Fees, Rates and
Taxes" of Appendix A shall be renumbered and labeled to read "Section 11,802'.1:
Application for Tobacco Sales License".
SECTION 14: Section 11.808: "Vending Machines or Self -Serving Displays" of
Division II "Fees, Rates and Taxes" of Appendix A shall be stricken in its entirety.
7
SECTION 15: This Ordinance shall be in full force and effect from and after its
passage, approval, adoption and publication in the manner provided by law.
AYES: Dante, Filippone, Gens, Grossi, Matuszak, Saccotelli
NAYS: None
ABSENT: None
PASSED AND APPROVED this 6th day of November, 2024, by the Village Mayor of the
Village of Mount Prospect, and attested by the Village Clerk, on the same day.
ATTEST:
Karen Ag ranos
Village Clerk