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HomeMy WebLinkAboutOrd 3617 03/04/1986 RDINANCE NO. 3617 AN ORDINANCE TO AMEND CHAPTER 11 ENTITLED "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 4~h DAY OF March , 1986. Published in pamphlet form by the authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of . March , 1986 360V ORDINANCE NO;3617 AN ORDINANCE TO AMEND CHAPTER 11 ENTITLED "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS" OF THE~VILLAGE CODE OF MOUNT'PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Chapter 11 entitled "Merchants Businesses, Occupations and Amusements" of the Village Code of Mount Prospect, Illinois (1981) as amended, is hereby further amended as follows: A. By amending Section 11.101 entitled "Purpose" of Article I of said Chapter 11 to change the words "This Licensing Code" in the second sentence to read "This Chapter". B. By amending Section 11.102 entitled "Rules and Definitions" of Article I of said Chapter 11 to delete therefrom the following definitions: Ambulance, Drayman, Expressman, Measuring Device or Devices, Public Scale, and Sealer of Weights and Measures; to amend the definition of Itinerant Merchant and Vendor to read: "ITINERANT MERCHANT AND VENDOR. Any person whether as owner, agent, consignee or employee, whether a resident of the Village or not, 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 or structure, except as provided under the definition of itinerant retailer, or any motor vehicle, tent, railroad box car, or boat, public rooms in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the Village, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that 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 only. The person so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer." and by adding new definitions for the terms Contractor, Itinerant Retailer, Promotional Event and Reverse Coin Device to be placed in alphabetical order within said Section to read as follows: "Contractor: Any person or firm in the several building trades and other types of activities involving manual labor 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. TINERANT RETAILER: 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 or operates a permanent retail business occupying less than five hundred (500) square feet of floor area, who in the furtherance of such purposes, occupies, lets, or sublets a retail facility, licensed by the Village of Mount Prospect, for the exhibition and sale of such goods, wares, and merchandise. The person so engaged shall not be relieved from complying with the provisions of this ordinance merely by associating with any local retail facility, or by conducting such business in connection with, as a part of, or in the name of any local dealer, trader or merchant. PROMOTIONAL EVENT: Any promotional event sponsored by a retail business licensed by the Village and conducted on said retail business' premises where persons are engaged in the temporary business of selling and delivering goods, wares, merchandise and services in association with said promotional event. Such promotional events shall include, but not be limited to, antique shows, art shows, auto shows, recreation shows and trade shows." REVERSE-COIN DEVICE: A machine designed for self-service use and designed to deliver coins and/or coupons by the insertion of metal cans for recycling. C. By amending Section 11.202 entitled "License Fees" of Article II of said Chapter 11 to read: "Sec. 11.202. License Fees. Auctioneers shall pay the fees as set forth in Article XXXIV of this Chapter." D. By amending Section 11.303 entitled "License Fees" of Article III of said Chapter 11 to read" "Sec. 11.303. License Fees. Banks and brokerages shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter." E. By renumbering Section 11.304 entitled "Place of Business" and 11.305 entitled "Revocation of License" of Article III of said Chapter 11 to be Sections 11.305 and 11.306 respectively and by adding a new Section 11.304 entitled "Inspections" to read: "Sec. 11.304. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other Ordinances relating thereto." F. By amending Sections 11.402 entitled "License Fees" and 11.404 entitled "Inspections" of Article IV of said Chapter 11 to read: "Sec. 11.402. License Fees. Barber shops and beauty culture shops shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. "Sec. 11.404. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other Ordinances relating thereto." G. By amending Sections 11.502 entitled "License Fees" and 11.506 entitled "Inspections" of Article V of said Chapter 11 to read: -2- Sec. 11.502. License Fees. Bowling alleys and billiard parlors shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Be Shooting galleries shall pay the annual fees as set forth in Article XXXIV of this Chapter. "Sec. 11~506. Inspections. It shall be the dutY of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other Ordinances relating thereto. Furthermore, with respect to shooting galleries, the above inspections shall make certain that targets are placed before a backstop of steel sufficiently thick to prevent any bullet from piercing it and so arranged that there shall be no danger from richocheting bullets or deflected pieces of bullet. Failure of the owner or operator to so arrange such targets shall constitute a violation of this Code." H. By amending Sections 11.602 entitled "Application Procedure" of Article VI of said Chapter 11 to change subsection C thereof to read: "C · The layout plan etablishing where each ride, trailer, booth and/or tent is to be located along with a detailed electrical layout. Said layout plan is to be approved by the Bureau of Code Enforcement and the property owner, before any license or permit provided for hereunder is issued." I. By amending Section 11.605 entitled "General Regulations" of Article VI to said Chapter 11 to change subsection E.2. thereof to read: "E.2 It is unlawful for any person or organization to establish, set up, maintain, carry on, and/or otherwise conduct a lottery or raffle in conjunction with any such carnival or circus unless a license do to so has been issued as provided in Article XXX of this Chapter." Delete subsections E.2a - E.2e. J. By amending Section 11.606 entitled "General Regulations for Mechanical Amusement Riding Devices" of Article VI to said Chapter 11 to change the words "Director of Community Development" in the first sentence of subsection A to read "Bureau of Code Enforcement." K. By amending Section 11.607 entitled "Inspections" of Article VI to said Chapter 11 to change the words "Department of Community Development" in subsection B.1 thereof to read "Bureau of Code Enforcement." to change the words "Health Inspector of the Village" in subsection C thereof to read "Bureau of Code Enforcement" and to change the words "Bureau of Fire Prevention" in subsection D thereof to read "Bureau of Code Enforcement." L. By amending Section 11.705 entitled "General Operating Requirements" of Article VII of said chapter 11 to change the words "Fire Prevention Bureau" in subsection A.3 thereof to read "Bureau of Code Enforcement" and to amend Section 11.702 entitled "License Required", 11.703 entitled "License Fees", 11.706 entitled "Inspections" and 11.707 entitled "Location of Business; Exclusions", of Article VII of said Chapter to read: "Sec. 11.702. License Required. Any person displaying for public patronage or keeping for operation any electronic amusement device, cigarette vending machine, juke box, reverse-coin device, or any other mechanical coin-in- slot device as defined in Article I of this Chapter shall -3- e required to apply for and obtain a license from the Village Clerk, as provided in Chapter 10 of this Code. Sec. 11.703. License Fees. Every applicant, before being granted a license shall pay the annual license fee, as set forth in Article XXXIV of this Chapter, for the privilege of operating or maintaining each cigarette vending machine, juke box, reverse-coin device, or any other mechanical coin-in-slot device. Sec. 11.706. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment housing a coin-in-slot device licensed under this Article as often as necessary to ensure compliance with this Article and all other Ordinances relating thereto. Sec. 11.707. Location of Business; Exclusions. Nothing in this Article shall be construed so as to be in conflict with the Zoning Ordinance of the Village, except that this Article shall not apply to any coin-in-slot device located in a residential building and offered for use only to residents of such building as well as any newspaper vending machine located in the Village." M. By amending Section 11.803 entitled "Application and License Fees" of Article VIII of said Chapter 11 to read: "Sec. 11.803. License Fees. Game rooms shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter." by renumbering Sections 11.807 entitled "Revocation or Suspension of License, Appeal" and Section 11.808 entitled "Penalty" of Article VIII of said Chapter 11 to be Section 11.808 and 11.809 respectively, and by adding a new Section 11.807 entitled "Inspections" to read: Sec. 11.807. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto. N. By amending Sections 11.901 entitled "Annual License Required" 11.902 entitled "Annual Registration of Electrical Contractors" and 11.903 entitled "License and Registration Fees" of ~rticle IX of said Chapter 11 to read: "Sec. 11.901. Annual License Required. No person shall engage in the busines of contractor, as defined in Article I of this Chapter, within the corporte limits of the Village of Mount Prospect, 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 an annual license from the Village Clerk as provided in Chapter 10 of this Code. Sec. 11.902. State Preemption in Licensing and Regulating Certain Contractors. This Article shall not apply to waterwell and pump installation contractors, plumbers, private alarm contractors or any other contractors who shall be licensed and regulated pursuant to the preemption powers of the State of Illinois in Chapter 111 or elsewhere in the Illinois Revised Statutes." Sec. 11.903 License Fees. The annual fees to be paid for licenses shall be as set forth in Article XXXIV of this Chapter." -4- nd by adding a new Section 11.905 entitled "Penalty" to Article IX of said Chapter 11 to read: "Sec. 11.905. Penalty. Any person violating any provision of this Article shall be fined not less than fifty dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues." O. By deleting in its entirety Article X entitled "Detective Agencies and Private Detectives" of said Chapter 11. Pe and 11.1209 to read: By amending Section 11.1202 entitled "License Fees" entitled "Inspections" of Article XII of said Chapter 11 "Sec. 11.1202. License Fees. A® The annual fees for independent drivers licensed under this Article shall be as set forth in Article XXXIV of this Chapter. Dry cleaners and laundries shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.1209. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." and 11.1304 11 to read: By amending Section 11.1302 entitled "License Fees" entitled "Inspections" of Article XIII of said Chapter "Sec. 11.1302. License Fees. Private employment agencies shall be designated as Class I establishments and Shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.1304. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." R. By amending Section 11.1403 entitled "General Operating Requirements" of Article XIV of said Chapter 11 to change the words "Fire Prevention Bureau" in the first sentence of subsection B thereof to read "Bureau of Code Enforcement", and to amend Section 11.1402 entitled "Issuance and Fee" and 11.1404 entitled "Inspections" of Article XIV of said Chapter 11 to read: "Sec. 11.1402. License Fees. Florists and nurseries shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.1404. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." S. By amending Section 11.1602 entitled "License Fees" and 11.1605 entitled "Inspections" of Article XVI of said Chapter to read: 11 -5- ection 11.1602. License Fees. ae Skating rinks shall be designated as Class I establishments and shall pay the annual fees forth in Article XXXIV of this Chapter. as set Health clubs and gymnasiums shall be designated as Class II establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter." The annual fee for such miniature golf course, par 3 golf course, other golf course or golf driving range shall be as set forth in Article XXXIV of this Chapter. Sec. 11.1605. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." T. By amending Section 11.1701 entitled "License for Hotel or Motel; Application Therefor and Issuance Thereof" of Article XVII of said Chapter 11 to substitute for subsection C thereof the following: "C. Before such license may be issued or renewed, the premises must be inspected and approved by the Bureau of Code Enforcement, as complying with all the provisions of this Article and all other applicable ordinances of the Village and the State of Illinois." and by amending Section 11.1703 entitled "Health Sanitation" of Article XVII of said Chapter 11 to substitute for subsection A thereof the following: "ao The Bureau of Code Enforcement shall inspect all hotels and motels as often as requests therefor shall be made, or whenever the Director of Code Enforcement shall deem it necessary, and in any event, as often as once in each year. If after such insepction, it is found by the Bureau of Code Enforcement that a hotel or motel is being conducted in an unclean or unsanitary manner or in violation of this Article or any of the ordinances of the Village as to the public health and safety, the Director of Code Enforcement shall make a full report to the Village Manager." and by amending Section 11.1704 entitled "Other Inspections" of Article XVII of said Chapter 11 to read: "Sec. 11.1704. Other Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." U. By amending Sections 11.1802 entitled "License Fees" and 11.1805 entitled "Inspections" of Article XVIII of said Chapter 11 to read: "Sec. 11.1802. Licenses Fees. Kennels, animal hospitals, and pet shops shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. -6- ec. 11.1805. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." Ve and 11.1905 to read: By amending Sections 11.1902 entitled "License Fees" entitled "Inspections" of Article XIX of said Chapter 11 "Sec. 11.1902. License Fees. Lumber yard and coal yards shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.1905. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." W. By amending Sections 11.2002 entitled "License Fees" and 11.2007 entitled "Inspections" of Article XX of said Chapter 11 to read: "Sec. 11.2002. License Fees. ae The annual fee for an outdoor advertiser license shall be as set forth in Article XXXIV of this Chapter. Be Printers and publishers shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.2007. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." X. By amending Section 11.2102 entitled "License Fees" of Article XXI of said Chapter 11 to read: Sec. 11.2102 License Fees. Parking garages and lots licensed under this Article shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter." by amending Section 11.2103 entitled "Employees Indentification Cards; Fees" of Article XXI of said Chapter 11 to substitute for subsection B thereof the following: "Bo The annual fee for the issuance of each parking lot employee's identification card shall be as set forth in Article XXXIV of this Chapter." and by amending Section 11.2121 entitled "Inspections" of Article XXI of said Chapter 11 to read: "Sec. 11.2121. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." Y. By amending Section 11.2202 entitled "License Fees" and 11.2204 entitled "Inspections" of Article XXII of said Chapter 11 to read: -7- ec. 11.2202 License Fees. Private business schools, vocational schools, and dancing schools shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter." Sec. 11.2204. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." Z. By amending Section 11.2302 entitled "License Fees" of Article XXIII of said Chapter 11 to read: "Sec. 11.2302. License Fees. ae The annual fee to be paid for the exclusive franchise license for residential dwellings or dwelling units created in subsection A of Section 11.2301 hereinabove shall be as set forth in Article XXXIV of this Chapter. Be The annual fee to be paid for such other licenses as set forth in subsection B of Section 11.2301 herein- above shall be as set forth in Article XXXIV of this Chapter. Ce Transfer stations for refuse disposal shall be designated as Class II establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter." and by amending Section 11.2304 entitled "General Operating Requirements for Junk Dealers and Secondhand Dealers" of Article XXIII of said Chapter 11 to substitute for subsection C thereof the following: "Co It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." AA. By amending Section 11.2403 entitled "General Operating Requirements" of Article XXIV of said Chapter 11 to change the words "Fire Prevention Bureau" in subsections C.5d and C.6b.(3) (f) thereof to read "Bureau of Code Enforcement" and by amending Sections 11.2402 entitled "License Fees" and 11.2404 entitled "Inspections" of Article XXIV of said Chapter 11 to read: "Sec. 11.2402. License Fees. ae Service stations and machine shops shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Any service station, which shall have as an accessory use the sale of food and/or beverages, shall be designated as a Class II establishment, provided that ten percent (10%) or more of the establishment's gross floor area is devoted to the sale and/or storage of food and/or beverages, and shall pay the annual fee as set forth in Article XXXIV of this Chapter. -8- ec. 11.2404. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." BB. By amending Section 11.2505 entitled "License Fees and 2504 entitled "Inspections" of Article XXV of said Chapter 11 to read: "Sec. 11.2505. License Fees. Ail establishments, licensed under this Article, where food and/or beverages are not served shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Ail establishments, licensed under this Article, where food and/or beverages are served shall be designated as Class II establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.2504. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." CC. By amending Section 11.2603 entitled "License Fees" and 11.2605 entitled "Inspections" of Article XXVI of said Chapter 11 to read: "Sec. 11.2603. License Fees. Trailer coach parks shall be designated as Class II establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.2605. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." DD. By amending Sections 11.2702 entitled "License Fees" and 11.2703 entitled "Inspections" of Article XXVII of said Chapter 11 to read: "Sec. 11.2702. License Fees. Undertaking establishments shall be designated as Class I establishments and shall pay the annual fees as set forth in Article XXXIV of this Chapter. Sec. 11.2703. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto." EE. By amending Sections 11.2801, 11,2805, 11,2806, 11.2810, 11.2812, 11.2813, 11.2814, 11.2815, 11.2816 and by adding new Section 11.2817 through 11.2823 of Article XXVIII of said Chapter 11 to be entitled and to read: -9- Sec. 11.2801. License ReqUired. It shall be unlaWfUl for any person to engage in the business of hawker, peddler, itinerant merchant, or transient vendor of merchandise, as defined in Article I of this Chapter, without first obtaining a license therefor as provided herein. Sec. 11.2805. LiCense Fees. A® He Hawkers, peddlers, itinerant merchants and transient vendors licensed under this Article shall pay the fees as set forth in Article XXXIV of this Chapter. None of the license fees provided for by this Article shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Village Treasurer for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license fees. The applicant shall, by affidavit and supporting testimony show his method of business and the gross volume or estimated gross volume of business and such other information as the Treasurer may deem necessary in order to determine the extent of any, of such undue burden on such commerce. The Treasurer shall then conduct an investigation, comparing the applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this Article is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Treasurer shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by this Section. e Should the Treasurer determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the Village or at the end of each three (3) month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in this Section." -10- ec. 11.2806. Prohibition Against Transfer. No licensee may assign, sell or transfer his license to any other person. Such other person must apply and pay the fee for a new license in accordance wih this Article. Sec. 11.2810. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect any premises used as a base of operation for any business of hawker, peddler, itinerant merchant, and/or transient vendor licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto. Section 11.2812 Itinerant Retailers; Registration. ae It shall be unlawful for any person to engage in the business of itinerant retailer, as defined in Article I of this Chapter, without such itinerant retailer being registered with the Village of Mount Prospect. Be It shall be the responsibility of the licensee of a retail facility to register such itinerant retailer located in his establishment. Sec. 11.2813. Registration Fee. It shall be the responsibility of the licensee of a retail facility to pay the registration fee for each itinerant retailer located in his establishment, as set forth in Article XXXIV of this Chapter. Sec. 11.2814. Prohibition Against Transfer. No itinerant retailer may asign, sell, or transfer his registration to any other person. Such other person must apply and pay the fee for a new registration in accordance with this Article. Section 11.2815. Promotional Events; Permit Required. It shall be unlawful to conduct any promotional event, as defined in Article I of this Chapter, without first obtaining a permit therefor from the Village Clerk. Be It shall be the responsibility of the sponsoring retail facility to register each person and/or business associated with a promotional event on the form provided by the Village. Sec. 11.2816. Issuance. No permit, for any promotional event licensed under this Article, shall be issued for a period to exceed one (1) week. Sec. 11.2817. Permit Fee. It shall be the responsibility of the sponsoring retail facility to pay the permit fee as set forth in Article XXXIV of this Chapter. For each itinerant merchant conducting business in conjunction with said promotional event and registered with the Village by the permit holder, the itinerant merchant fees, as required by this Article, shall be waived by the Village upon payment of the promotional event permit fee. Sec. 11.2818. Gold and Silver Merchants Excluded. 'Any itinerant gold and silver merchant operating in conjunction with any promotional event licensed under this Article, shall be required to obtain a license and pay the fee as set forth in Article XXXIV of this Chapter. -11- ec. 11.2819. Solicitors; Registration. It shall be unlawful for any person to engage in the business of soliciting or 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 small sign at the principal entrance inviting therein only solicitors who have registered with the Police Department without such solicitor first registering with the Police Department in the manner provided in this Article· Sec. 11.2820. Application for Registration. Ail applicants for registration to solicit or canvass upon premises within the Village, wherein an owner or occupant has posted a sign upon or near the principal entrance inviting therein only those solicitors who have registered with the Police Department, shall execute an application blank at the office of the Chief of Police, which applicant shall truthfully state the information requested on the application to-wit: Name and address of presnt place of residence and length of residence at such address; also business address if other than residence address; Be Address of place of residence during the past three (3) years if other than present address; C. Physical description of the applicant; Name and address of the person by whom the applicant is employed or represents and the length of time of such employment or representation; Ze Description sufficient for identification for subject matter of the soliciting which the applicant will engage in; the Period of time for which the certificate is applied for; Ge The date, or approximate date, of the latest previous registration application under this Article, if any; If a certificate of registration for the applicant or the organization he represents under this Article has ever been denied or revoked, a statement to that effect and the reasons therefor; If the applicant has ever been convicted of a violation of any of the provisions of this Article or the provisions of any other municipality regulating soliciting, a statement to that effect with particulars; and If the applicant has ever been convicted of the commission of a felony under the laws of the State of Illinois or any other State or Federal laws of the United States, a statement to that effect with particulars. Sec. 11.2821. Investigation and Issuance of Registration Certificate. ae within seventy-two (72) hours of the receipt of an application for registration, the Chief of Police shall complete his investigation and shall issue a certificate of registration to each applicant found to be qualified. The registration certificate shall state the expiration date threof. -12- o certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other State or Federal law of the United States, within five (5) years of the date of the application; not to any person who has been convicted of a violation of any of the provisions of this Article, nor to any person or organization whose certificate of registration issued or applied for hereunder has previously been revoked or denied as herein provided. Ce NO certificate of registration shall be issued to any person or organization whose application, upon oath, contains false material information or statements. DJ The Chief of Police shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, of all certificates of registration issued under the provisions of this Article, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued shall be identified with the duplicate number of the application upon which it was issued. Sec. 11.2822 Limitations on Soliciting. It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this Article or not, to go upon any premises and ring the door bell 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 as herein defined, prior to nine o'clock (9:00) A.M., or after nine o'clock (9:00) P.M. of any weekday, or at any time on a sunday or on a State or national holiday or in violation of a notice sign located upon or near the entrance of any premises, or an oral notice of the occupant that solicitors are not invited, as provided in Article III of Chapter 23 of this village Code. Sec. 11.2823. Revocation or Denial of Registration. ae Any certificate of registration issued hereunder shall be revoked by the Chief of Police if the holder of the certificate is convicted of a violation of any of the provisions of this Article, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this Article. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by certified U.S. mail addressed to his or her residence address set forth in the application. Be Immediately upon the giving of such notice, the certificate of registration shall become null and void. Any person or oganization whose certificate of registration has been revoked as provided herein shall be denied any subsequent certificate of registration. -13- FF. By amending Article XXIX entitled "Manufacturers and Warehousers" of said Chapter 11 to substitute therefor a title of "Gold and Silver Merchants" to read as follows: "ARTICLE XXIX GOLD AND SILVER MERCHANTS SECTION: 11.2901. 11.2902. 11.2903. 11.2904. 11.2905. 11.2906. 11.2907. 11.2908 11.2909 11.2910. 11.2911. 11.2912. Application of Article License Required Application Grant or Denial of License License Fees Duration of License and Renewal Records Purchase from Minors Prohibited Receipt of Stolen Goods Prohibited Holding Period Required Revocation of License Penalties Sec. 11.2901 Application of Article. The provision of this Article shall apply to all persons, firms or corporations which engage in the business of buying, selling, trading or exchanging any gold or silver objects within the Village of Mount Prospect. Sec. 11.2902. License Required. It shall be unlawful for any person, firm or corporation, including any person, firm or corporation, located on the premises of an otherwise licensed business to engage in the business of buying, selling, trading or exchanging any gold or silver objects within the Village of Mount Prospect without first obtaining a license therefor, provided, however, that any person, firm or corporation which is otherwise licensed to do business by the Village of Mount Prospect need not obtain a separate license for the business of buying, selling, trading, or exchanging gold or silver. Sec. 11.2903. Application. An application for a license as required by this Article shall be filed with the Village Clerk, and shall contain the following information: A. Name of the applicant; Name, Village address and Village telephone number of the business for which a license is required. C. Name, permanent address and permanent telephone number of the business for which a license is requested; If the merchant is an itinerant, the address and telephone number of the next location where such merchant plans to engage in the business of buying, selling, trading or exchanging any gold or silver objects and the name under which such merchant will be operating; A statement indicating whether the business is a sole proprietorship, partnership or corporation; If the business is a sole proprietorship or partnership; 1. the name of the proprietor or the partners; the address and telephone number of the proprietor or the partners; -14- a statement indicating whether the business is registered in Illinois under the Assumed Name Act; ® a statement indicating whether the proprietor or any of the partners has been convicted of a felony within five years prior to the date of the application and if so, the details with regard to such conviction; G. If the business is a corporation: 1. the year of incorporation; 2. the state of incorporation; e if not incorporated in Illinois, a statement indicating whether the corporation is licensed to do business in Illinois as a foreign corporation; e A statement indicating whether any of the officers or directors of the corporation have ~ been convicted of a felony within five years prior to the date of the application and if so, the details with regard to such conviction; H® If the applicant plans to do business within the village of Mount Prospect for less than ninety (90) days, a statement indicating the dates applicant plans to conduct business in the Village; A statement indicating all the addresses and the names under which the applicant conducted a business as a gold and silver merchant at any time within one year prior to the date of the application. Sec. 11.2904. Grant or Denial of License. The Village Clerk shall forward for review and investigation any completed application filed under the provisions of this Article to the Village Manager and Chief of Police within twenty-four (24) hours after it is filed. The Village Manager shall grant or deny such license within five (5) days after it is filed. The Village Manager shall issue such license to any applicant of good character and reputation. No license shall be issued to any applicant if the sole proprietor, any partner or any officer or director has been convicted of receiving stolen goods, burglary, robbery, theft or any other felony in any federal or state court at any time within five years prior to the date of the application. "Sec. 11.2905. License Fees. Prior to the issuance of a license under this Article, the applicant shall pay the fees as set forth below: ne Any person engaged in the business of buying, selling, trading or exchanging gold or silver objects, who has not established a permanent place of business within the Village of Mount Prospect, shall pay the daily fee for "Itinerant Gold and Silver Merchants" as set forth in Article XXXIV of this Chapter. Any establishment engaged in the business of buying, trading or exchanging gold or silver objects from a permanent place of business within the Village of Mount Prospect shall, upon presentation of a bona fide lease extending for a period of at least one year, pay the annual fee as set forth in Article XXXIV of this Chapter. -15- e Any establishment engaged in the business of only selling gold or silver objects from a permanent place of business within the Village of Mount Prospect shall, upon presentation of a bona fide lease extending for a period of at least one year, be designated as a Class I establishment and shall pay the annual fee as set forth in Article XXXIV of this Chapter. Sec. 11.2906. Duration of License and Renewal. A license issued under the provisions of this Article shall remain in full force and effect from May 1 to April 30 of each year unless earlier revoked or unless a shorter duration is specified on the license. Annual licenses shall be renewable on or before April 30 of each year. Licenses shall only be issued for the period within which the applicant proposes to engage in the business of buying, selling, trading or exchanging gold or silver objects within the Village. A separate license shall be required for each period of buying, selling, trading or exchanging gold or silver objects within the Village. Sec. 11.2907. Records. Every person, firm or corporation engaged in the business of buying, selling, trading or exchanging gold or silver objects shall maintain a record containing the following information for each and every gold or silver object purchased, sold, traded or exchanged: 1. The date of the transaction; 2. The time of such transaction; The name, address and telephone number of the person with whom the gold or silver merchant transacted business; A complete and detailed description, including, but not limited to, the type of item, its brand name, the type of metal a description of any inscriptions and other identifying marks, including identification numbers thereon, of the gold and silver objects purchased, sold, traded or exchanged to or with the merchant. Such record and any gold or silver objects in the possession of the gold and silver merchant shall, at all reasonable times, be available for inspection by the Village of Mount Prospect police. Be Such records, as required by this Section, shall be delivered to the office of the Chief of Police based on the following schedule: Such records of those merchants licensed for a period of less than one year shall be delivered to the Office of the Chief of Police weekly and/or at the close of business on the date of expiration of such gold and silver merchant's license, whichever is sooner. Such records of those merchants licensed for a period of one year and engaged in the business of buying, selling, trading or exchanging gold or silver objects, shall be delivered weekly to the Office of the Chief of Police. -16- uch records of th6se merchants licensed for a period of one year and only engaged in the business of selling gold and silver objects shall, at all reasonable times be available for inspection by the Village of Mount Prospect police. Ce The requirements of this Section may be satisfied by the maintenance of photo copies of receipts for gold and silver objects purchased, sold, traded or exchanged, provided that such receipts contain the information required by this Section. Sec. 11.2908 Purchase from Minors Prohibited. No person, firm or corporation engaged in the business of buying, selling, trading or exchanging gold or silver objects shall purchase, trade or exchange any gold or silver object offered to the merchant by a person who is less than eighteen (18) years of age unless such a person is accompanied by his or her parent or guardian who authorizes the transaction. Sec. 11.2909. Receipt of Stolen Goods Prohibited. NO person, firm or corporation engaged in the business of buying, selling, trading or exchanging gold or silver shall knowingly accept or sell any gold or silver object which has been stolen. Every person, firm or corporation licensed under the provisions this Article shall report to the Village of Mount Prospect police any gold or silver object received by or which is offered to such licensee by another if such licensee has reason to believe that such object was stolen or lost. Sec. 11.2910. Holding Period Required. No gold or silver merchant shall sell, trade, exchange or melt down any gold or silver object received within a forty-eight (48) hour period after its receipt. Sec. 11.2911. Revocation of License. Any license issued under-the provisions of this Article may be revoked in accordance with the procedure set forth in Chapter 10, Article III of the Municipal Code of the Village of Mount Prospect for any violation of the provisions of this Article. Any license issued under the provisions of this Article shall be automatically revoked if the licensee ceases to operate at the address specified on the license. Sec. 11.2912 Penalties. The penalties for violation of any of the provisons of this Article shall be not less than Twenty-Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00)." GG. By amending Article XXX entitled "Weights and Measures" of said Chapter 11 to substitute therefor a title "Raffles and Chances" to read as follows: of SECTION: 11.3001 11.3002 11.3003 11.3004 11.3005 11.3006 11.3007 11.3008 "RAFFLES AND CHANCES Definitions License Required Eligibility for License Application for License Licenses Conduct of Raffles Record Keeping Revocation and Suspension -17- ec. 11.3001. Definitions. For the purpose of this Article, the term "new proceeds" and raffles" shall have the meanings given them under Section 1 of an "Act to provide for licensing and regulating certain games of chance", enacted by the 81st Illinois General Assembly (hereinafter the "Act"), and the terms "non-profit" "charitable", "educational", "religious", "fraternal", "veterans", and "labor" shall have the meanings given them under Section 3(b) of the Act. Sec. 11.3002. License Required. It shall be unlawful to conduct a raffle without having obtained a license therefor pursuant to this Article. Sec. 11.3003. 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 5 years immediately before making application for a license and which have had during the entire 5 year period a bona fide membership engaged in carrying out their objects. 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. Sec. 11.3004. Application for License. ae An application for a license to conduct a raffle pursuant to this Article shall be made to the Village Treasurer on the forms provided by his office. A separate application shall be submitted for each license which is sought. Be 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. 3o The names and addresses of the officers and directors of the organization seeking the license. o The names and addresses of any person who has a proprietary, equitable or credit interest in the firm or corporation seeking the license. 0 An affidavit that the applicant organization is not ineligible for a license under Section 3(5) of the Act, as it may be amended from time to time. The name and address of the individual designated by the applicant organization to be the manager of the raffle. A fidelity bond given by said manager in the amount of $1,000. The terms of the bond shall provide that written notice shall be -18- iven to the village not less than 30 days prior to its cancellation. The President and Board of Trustees, may waive this bond requirement for any given license provided they are presented with certification of a unanimous vote of the members of the applicant organization that no bond be required. ® 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 such winning chances will be determined. 9. The cost of each chance to win such raffle. 10. 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 5 years immediately before making application for a license and that during that entire 5 year period, it has had a bona fide membership engaged in carrying out its objectives. Ce A nonrefundable Ten Dollar ($10.00) application fee shall be paid at the time the application is submitted. No application shall be completed without the payment of such fee. The Village Treasurer shall act upon an application for a license within 30 days of receiving a complete application. Sec. 11.3005. Licenses. A. Any license issued pursuant to this Article shall contain the following: 1. The name and address of the licensee. The area or areas within the Village in which raffle chances will be sold or issued, the ti~e 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. If the bond requirement set forth in Section 11.3004.B.7 above has been waived, such waiver shall be noted on the license. B. Each license issued shall be valid for only one raffle. Sec. 11.3006. Conduct of Raffles. The conduct of any raffle licensed pursuant to this Article is subject to the following restrictions: The aggregate value for all prizes or merchandise awarded in a single raffle shall be no greater than $25,000. -19- e The maximum retail value of each prize awarded shall be $25,000. The price charged for each raffle chance issued or sold shall not exceed S200. Chances for a single raffle may not be issued or sold for more than 120 days. Ee The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the licensee organization. Fe No person except a bona fide member of the licensee organization may participate in the management or operation of the raffle. Ge No person may receive any remuneration or profit for participating in the management or operation of the raffle. He 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. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locatio~ specified on the license. No person under the age of 18 years may participate in the conduct of raffles or chances. A person under the age of 18 may be within the area where winning chances are being determined only when accompanied by his parent or guardian. Ail operations and conduct of a raffle shall be under the supervision of the raffles manager designated in the application for the license. Sec. 11.3007. Record Keeping. Each organization licensed pursuant to this Article shall maintain records and make reports as required by Section 6 of the Act. Section 11.3008. Revocation and Suspension. The Village Treasurer may deny, any license issued pursuant to determines that: suspend or revoke this Article if he The application contains any false, fraudulent, or misleading statement; or The applicant, licensee, or any officer or director of the applicant or licensee has violated this Article, or any other ordinance of the Village of Mount Prospect. Be 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." HH. By amending Article XXXI entitled "Wrecker and Towing Services" of said Chapter 11 to read as follows: -20- RTICLE XXXI WRECKERS AND TOWING SERVICES SECTION: 11.3101. 11.3102. 11.3103 11.3104 11.3105 License Required Application License Fees Conditions Revocation Sec. 11.3101. No wrecker or operator of a towing service shall engage in business within the Village except in compliance with the provisions of this Article. It shall be unlawful to engage in the business of a wrecker or operator of a towing service in the Village unless such business is conducted by an individual who has applied for and obtained a license for such from the Village Clerk as provided in Chapter 10 of this Code. Sec. 11.3102. Application. No license shall be issued to an applicant until he shall have deposited with the Village Clerk insurance policies of the type and in the amounts required in Section 11.1108 of Article XI of this Chapter, and a copy of a certificate from the Illinois Commerce Commission authorizing said applicant to operate such business. Sec. 11.3103. License Fee. Every applicant, before being granted a license, shall pay the annual fees for each wrecker as set forth in Article XXXIV of this Chapter. Sec. 11.3104. Conditions. A wrecker license hereunder shall be issued subject to the following conditions:. Wreckers shall keep and maintain towing equipment which is adequate to perform such towing service in a reasonably workmanlike manner. No wrecker shall intercept police calls by short wave radio. Sec. 11.3105. Revocation of License. In addition to other applicable procedures contained in this Article, a wrecker or towing service license may be revoked by the Village Manager, or an application for issuance or renewal of such license may be refused by the Village Clerk, in the manner provided for such proceedings in Chapter 10 of this Code." II. By amending Article XXXII entitled "Gold and Silver Merchants" of said Chapter 11 to substitute therefor a title of "Manufacturing and Warehousing Establishments" to read as follows: "ARTICLE XXXII MANUFACTURERS AND WAREHOUSING ESTABLISHMENTS SECTION: 11.3201 11.3202 11.3203 11.3204 License Required License Fees Inspections Revocation of License Sec. 11.3201. License Required. No person shall operate a manufacturing and/or warehousing establishment within the corporate limits of the Village without first having applied for and received a license to conduct such business from the Village Clerk in the manner provided in Chapter 10 of this Code. -21- ec. 11.3202. License Fees. Manufacturing and/or warehousing establishments, licensed under this Article, shall be designated as follows and shall pay the annual fees as set forth in Article XXXIV of this Chapter. ae Class I Establishments: Less than ten percent (10%) of the establishment's gross floor area devoted to the storage of food and/or beverages. Be Class II Establishments: Ten percent (10%) or more of the establishment's gross floor area devoted to the storage of food and/or beverages. Sec. 11.3203. Inspectionsl It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto. Sec. 11.3204. Revocation of License. A manufacturing and/or warehousing establishment's license may be revoked by the Village Manager, or an application for issuance or renewal of such license may be refused by the Village Clerk, in the manner provided for such proceedings in Chapter 10 of this Code." JJ. By amending Article XXXIII entitled "Raffles and Changes" of said Chapter 11 to substitute therefor a new title of "Wholesale, Retail and Service Establishments" to read as follows: "ARTICLE XXXIII WHOLESALE, RETAIL AND SERVICE ESTABLISHMENTS Section: 11.3301. 11.3302 11.3303 11.3304 11.3305 License Required License Fees Over the Counter Tobacco Sales Inspections Revocation of License Sec. 11.3301. License Required. It shall be unlawful for any person to conduct, operate or maintain a wholesale and/or retail sales and/or service establishment within the Village, unless such person has applied for and received a license therefor from the Village Clerk in the manner provided in Chapter 10 of this Code. Sec. 11.3302. License Fees. Wholesale and/or retail sales and service establishments, licensed under this Article, shall be designated as follows and shall pay the annual fees as set forth in Article ×XXIV of this Chapter. Class I Establishments: Less than ten percent (10%) of the establishment's gross floor area devoted to the sale and storage of food and/or beverages. Class II Establishments: Ten percent (10%) or more of the establishment's gross floor area devoted to the sale and/or storage of food and/or beverages. Sec. 11.3303. Over-the-Counter Tobacco Sales. The annual fees for any person selling cigarettes, cigars and/or tobacco at retail whether as a specialty or in conjunction -22- ith the providing of other retail sales or services shall be as set forth in Article XXXIV of this Chapter, which fee shall be in addition to any other license fee provided in this Section. Sec. 11.3304. Inspections. It shall be the duty of the Bureau of Code Enforcement to inspect every establishment licensed under this Article as often as necessary to ensure compliance with this Article and all other ordinances relating thereto. Sec. 11.3305. Revocation of License. A wholesale and/or retail sales and/or service establishment's license may be revoked by the Village Manager, or an application for issuance or renewal of such license may be refused by the Village Clerk, in the manner provided for such proceedings in Chapter 10 of this Code." KK. By amending Article XXXIV entitled "General Provisions, Including Fees" of said Chapter 11 to read: "ARTICLE XXXIV GENERAL PROVISIONS, INCLUDING FEES SECTION: 11.3401. 11.3402. 11.3403. 11.3404. 11.3405. 11.3406. 11.3407. 11.3408. 11.3409. 11.3410. 11.3411. 11.3312. 11.3413. Nuisances Inspections Posting License. Class I Establishments Class II Establishments High Hazard Surcharge Mid-Year Fee Reduction Transfer of License Fee Adjustment Other Fees Late Payments Rebate of Fees Exclusions Sec. 11.3401. 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. Sec. 11.3402. Inspections. ae 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. 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 -23- fficer or employee of the Village requesting the same sufficient samples of such material or commodity for such analysis. Ce 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 Chapter 10 of this Code. Sec. 11.3403. Posting License. It shall be the duty of any person conducting a business in the Village to keep his license certificate or sticker at all times in a prominent place on the premises used for such business, occupation or activity. Sec. 11.3404. Class I Establishments. Class I establishments, as designated in this Chapter, shall receive all inspection services except health inspections. Businesses in this class shall include, but not be limited to animal hospitals, auto repair shops, banks, barber shops, beauty salons, billiard halls, bowling alleys, brokerages, coal yards, dry cleaners, employment agencies, filling stations, florists and nurseries, game rooms, kennels, laundries, laundromats, lumber yards, machine shops, manufacturers, private parking lots, pet shops, printers/publishers, retail/wholesale establishments, service establishments, business/vocational schools, d~ncing schools, skating rinks, and warehouses. A® The annual fee paid by a Class I establishment will be based on the gross floor area as defined in Article I of this Chapter, of the establishment in accordance with the following schedule: GROSS FLOOR AREA IN SQUARE FEET ANNUAL FEE 0 999 1,000 - 4,999 5,000 - 9,999 10,000 - 19,999 20,000 - 29,999 30,000 - 39,999 40,000 - 49,999 50,000 - 74,999 75,000 99,999 100,000 and over $60. 75 100 125 175 225 275 350 425 600 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 Be Any Class I establishment may receive up to a maximum of four (4) inspection and/or reinspections per year without additional charge. Upon the fifth (5th) inspection and/or reinspection and every inspection and/or reinspection thereafter, as deemed necessary by the Bureau of Code Enforcement, the licensee shall pay an additional inspection service charge equivalent to one-fourth (1/4) of the business' annual fee as established in Subsection A of Section 11.3404. -24- ec. 11.3405. Class II Establishments. Class II establishments, as designated in this Code, shall receive all inspection services including health inspections. Businesses in this class shall include, but not be limited to, food and/or beverage service establishments, food and/or beverage dealers, food and/or beverage processors, day care centers, solid waste transfer stations, health clubs and gymnasiums, hotels/ motels, trailer coach parks, and 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. ne The annual fee paid by a Class II establishment will be based on the gross floor area, as defined in Article I of this Chapter, for the establishment in accordance with the following schedule: GROSS FLOOR AREA ANNUAL IN SQUARE FEET FEE 0 - 999 $135.00 1,000 - 4,999 150.00 5,000 9,999 175.00 10,000 - 19,999 200.00 20,000 - 29,999 250.00 30,000 ~ 39,999 325.00 40,000 - 49,999 400.00 50,000 - 74,999 500.00 75,000 - 99,999 600.00 100,000 and over 750.00 B. Any Class II establishment may receive up to a maximum of six (6) inspections and/or reinspections per year without additional charge. Upon the seventh (7th) inspection and/or reinspection and every inspection and/or reinspection thereafter, as deemed necessary by the Bureau of Code Enforcement, the licensee shall pay an additional inspection service charge equivalent to one-sixth (1/6) of the business' annual fee as established in Subsection A of Section 11.3405. Sec. 11.3406. High Hazard Surcharge. ae Any Class I or Class II business which uses hazardous materials and/or processes in operation of said business shall pay a surcharge of one hundred fifty percent (150%) of the business' annual fee as set forth in Subsection A of Sections 11.3404 and 11.3405 respectively. Any Class I or Class II business, after paying the high hazard surcharge, shall be entitled to a one hundred fifty percent (150%) increase in the inspection limit as set forth in Subsection B of Sections 11.3404 and 11.3405 respectively. A high hazard business shall he defined by the standards in the BOCA Basic National Building Code, Use Group H - High Hazard Buildings, or by order of the Fire Chief. Sec. 11.3407. Mid-year Fee Reduction. Any Class I or Class II business license issued to a business opening after October 31 shall only pay fifty percent (50%) of the annual fee as set forth in Subsection A of Sections 11.3404 and 11.3405 respectively. Such business shall also have the inspection limit, as set forth in Subsection B of Sections 11.3404 and 11.3405 respectively, reduced by fifty percent (50%). -25- ec. 11.3408. Transfer of License. Any Class I or Class II licensee may transfer a valid business license to another person upon payment of a twenty dollar ($20.00) transfer fee; only if such other person intends to conduct the same business, occupation or activity as the licensee at the same location used by the licensee and provided that any additional fees as required by Section 11.3409 are paid. Sec. 11.3909. 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. Sec. 11.3410. Other Fees~ A. Auctioneers $150.00 annually; $50.00 per month for any period less than one year; $25.00 per day, for any period less than one month. Carnivals and Circuses $75100 per day, with a minimum fee of $300, plus $30 per hour ride inspection fee C. Concessions and Side $7.50 per day Show associated with a Carnival or Circus D. Coin-in-Slot Devices 1. Amusement Devices/ $150.00 Pinball/Electronic Electronic Games per machine annually 2. Tobacco Vending Machines $50.00 per machine annually 3. Juke Boxes $35.00 per machine annually 4 1 to 10 Cent $5.00 Candy, Gum and Nuts per machine annually Se Ail other Coin-in- Slot or Reverse- Coin Devices $20.00 per machine annually E. Contractors 1. Ail Contractor Licenses $35.00 annually e Electrical Contractor Certificate $35.00 annually F. Food Service Vehicles $150.00 per vehicle annually -26- e Ke ne M. N. O. Gold snd Silver Merchants 1. Itinerant $50.00 per day ® Permanent Buyer, Trader, or Exchanger 3. Permanent Seller Only $175.00 annually See Class I EstsbliShments Golf Courses/Golf Driving Ranges/ Miniature Golf Courses $150.00 Annually Outdoor Advertisers $225.00 Annually Parking Lot Employee Identification Card $5.00 per card annually Scavengers and Secondhand Dealers Exclusive Residential License $100.00 annually e Ail Other Scavenger or Secondhand Dealer Licenses $300.00 annually Towing Services/ Wreckers $30 per towing truck annually Shooting Galleries $150.00 annually Over-the-Counter Tobacco Sales $50.00 annually Itinerant Merchants/ Vendors Itinerant Merchant, Hawker Peddler, or Transient or Vendor $150.00 annually $75.00 per month for any period less than one year; $10.00 per day for any period less than one month Pe 2. Vending Machine Company 3. Itinerant Retailer Registration Promotional Events $100.00 annually $20.00 per registration $20.00 per permit Sec. 11.3411. Late Payments. A® Whenever an application for renewal of a license previously issued for the prior fiscal year is received by the Village Clerk after April 30 but before June 1 of any given fiscal year, the license fee shall be computed at one hundred ten percent (110%) of the annual license fee heretofor designated in this Article. -27- henever an application for renewal of a license previously issued for the prior fiscal year is received by the Village Clerk after May 31 but before July 1 of any given fiscal year, the license fee shall he computed at one hundred twenty-five percent (125%) of the annual license fee heretofor designated in this Article. Ce Whenever an application for renewal of a license previously issued for the prior fiscal year is received by the Village Clerk after June 30 but before August 1 of any given fiscal year, the license fee shall be computed at one hundred fifty percent (150%) of the annual license fee heretofor designated in this Article. De Whenever an application for renewal of a license previously issued for the prior fiscal year is received by the Village Clerk after July 31 but before October 1 of any given fiscal year, the license fee shall be computed at one hundred seventy five percent (175%) of the annual license fee heretofor designated in this Article. Ee Whenever an application for renewal of a license previously issued for the prior fiscal year is received by the Village Clerk after September 30 but before November 1 of any given fiscal year, the license fee shall be computed at two hundred percent (200%) of the annual license fee heretofor designated in this Article. Any application for renewal not received by November 1 will be enjoined from conducting business until all fees have heen paid to the Village. Sec. 11.3412. 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 non-use 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. Sec. 11.3413. Exclusions. The terms and provisions of this Chapter shall not he made applicable to any activity carried on or operated by a government institution or by any eleemosynary institution or organization or person or owner." LLo By amending Section 11.3502 entitled "Penalties for Misdemeanors" of Article XXXV of said Chapter 11 to amend Subsection B thereof to read: Every person convicted of a misdemeanor for a violation of any provision of this Chapter, for which another penalty is not provided, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00)." MM. By adding a new Article XXXVI entitled "Business Inspection Certificates" to said Chapter 11 to read as follows: -28- "ARTICLE XXXVI BUSINESS INSPECTION CERTIFIGATES SECTION: 11.3601 11.3602 11.3603 11.3604 11.3605 11.3606 11.3607 11.3608 11.3609 11.3610 11.3611 11.3612 11.3613 Purpose. Certificate Required. Application. Issuance. Investigation. Signatures. Expiration Date. Fees. Inspections; Inspection Limit. Mid-Year Fee Reduction. Transfer of Certificate. Fee Adjustment. Late Payments. Sec. 11.3601. 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, 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 a 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. Sec. 11~3602. Certificate Required. Every person engaged in a business, occupation and/or profession, not otherwise licensed by this Code, and having a place of business within the corporate limits of the Village of Mount Prospect, shall be required to apply and pay the fee for a business inspection certificate as set forth in this Article. Sec. 11.3603. Application. Applications for all certificates required by this Article shall be made in writing to the Village Clerk on the form provided by said Clerk's office. The application form for such certificate shall require the following: A. Whether the applicant is an individual, a partnership, or a corporation. Be The full name, residence address, residence phone, and social security number for each individual applicant, partner, general partner of a limited partnership, and principal officer of a corporation. Ce Location or proposed location or the business, occupation or activity. D® Any additional information as may be required by the Village Clerk. Sec. 11.3604. Issuance. Within thirty (30) days of the receipt of any certificate application properly filled out on the form designated in Section 11.3603 of this Article, the Village Clerk is hereby authorized to grant or renew -29- ny certificate for any period of time not exceeding one (1) year to any applicant applying therefor on a form provided by said Village Clerk, as specified in Section 11.3603 of this Article, and upon payment by the applicant of the appropriate fees as required in Section 11.3608. Sec. 11.3605. Investigation. The Director of Code Enforcement shall make or cause to be made an investigation in regard to such business inspection certificates to be granted in connection with all fire prevention, building and zoning matters. Sec. 11.3606. Signatures. Each such certificate contemplated in this Article shall bear the signature of the Village President and Village Clerk. Sec. 11.3607. Expiration Date. Ail certificates issued under the provisions of this Article shall terminate on April 30 of the fiscal year following such issuance. Sec. 11.3608. Fees. Ail businesses, occupations or professions registered under this Article shall pay an inspection service fee to cover the cost of enforcement or safety regulations, including fire prevention, which fee shall be determined in accordance with the following schedule: GROSS FLOOR AREA IN SQUARE'FEET ANNUAL FEE- 0 - 999 $30.00 1,000 - 4,999 40.00 5,000 - 9,999 50.00 10,000 19,999 60.00 20,000 and over 75.00 Sec. 11.3609. Inspections; Inspection Limit. It shall be the duty of the Bureau of Code Enforcement 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 business registered under this Article may receive up to a maximum of two (2) inspections and/or reinspections per year without additional charge. Upon the third (3rd) inspection and/or reinspection and every inspection and/or reinspection thereafter, as deemed necessary by the Bureau of Code Enforcement, the certificate holder shall pay an additional service charge equivalent to one-half (1/2) of the business' annual fee as established in Section 11.3608. Sec. 11.3610. Mid-Year Fee Reduction. Any certificate issued to a business opening after 0ctober 31 shall only pay fifty percent (50%) of the annual fee as set forth in Section 11.3608. Sec. 11.3611. Transfer of Certificate. Any holder of a business inspection certificate may transfer a valid certificate to another person upon payment of a Twenty Dollar ($20.00) transfer fee; only if such other person intends to conduct the same business, occupation or profession as the certificate holder at the same location used by the certificate holder and provided that any additional fees as required by Section 11.3612 are paid. Sec. 3612. Fee Adjustment. When any holder of a business inspection certificate, by increasing the size of the premises, places said business in a class where the -30- provisions of this Article require said business to pay a higher fee, the additional fee shall be required as established by this Article. Sec. 3613. Late Payments. ae Whenever an application for renewal of a business inspection certificate previously issued for the prior fiscal year is received after April 30 or any given fiscal year, the annual fee as set forth in Section 11.3608 shall be computed based on the following schedule: Renewal Received After-' But Before April 30 June 1 May 1 July 1 June 30 August 1 July 31 October 1 September 30 November 1 Fee i10% of annual fee 125% of anhual fee 150% of annual fee 175% of annual fee 200% of annual fee Be For any application for renewal not received by November 1 the business shall pay a penalty of not less than Twenty-Five Dollars ($25.00) nor more than five hundred Dollars ($500.00) for each and every day after October 31 that the business operates without a business inspection certificate." SECTION TWO: This Ordinance shall be in full force and effect from and afte~ its passage, approval and publication in pamphlet form in the manner provided by law. PASSED and APPROVED this 4%h day of March , 1986. AYES: Arthur, NAYS: Floros ABSENT: None Farley, Murauskis, Van Geem, Wattenberg ATTEST: VILLAGE CLERK PRES I DENT -31-