Title XI
BUSINESS REGULATIONS
Chapters:
110 Alcoholic Liquor
111 Trailer Coach Parks
112 Solid Waste Haulers
113 Junkyards
114 Swimming Pools
115 Licensing of Various Activities
116 Telecommunications Infrastructure Maintenance Fee
117 Regulation of Tobacco Sellers
Chapter 110
ALCOHOLIC LIQUOR
Sections:
110.001 Definitions.
110.002 Liquor commissioner.
110.003 License required.
110.004 Application for license.
110.005 Disposition of license application.
110.006 Restriction on licensees.
110.007 Record of licenses.
110.008 Insurance requirements.
110.009 Term of license– Renewals.
110.010 Transfer of license.
110.010A Banquet hall licenses.
110.010B Permanent outdoor tavern area permit.
110.010C Outdoor sales and consumption prohibited.
110.011 Classification and fees.
110.011A Temporary permit for outside sales.
110.012 License applications and terminations– Fees.
110.013 Incomplete applications.
110.014 Disposition of fees.
110.015 Conditions of license.
110.016 Location restrictions.
110.017 Sanitary conditions.
110.018 View from street.
110.019 Premises restrictions.
110.020 Personnel restrictions.
110.021 Prohibited acts and conditions.
110.022 Sales to minors, drunkards, and the like.
110.023 Purchase or acceptance of gift by minors– Identification cards.
110.024 Violation of Retailers' Occupation Tax Act– Citizen complaints.
110.025 Revocation or suspension of local license– Fines– Notice– Hearing– Appeal.
110.026 Forfeiture of fees.
110.027 Use of premises after revocation.
110.028 Penalty.
110.001 Definitions.
The following words as used in this chapter shall have the following meaning:
(A) "Alcohol" means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
(B) "Alcoholic liquor" means and includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. This chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half percent or less of alcohol by volume.
(C) "Beer" means a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.
(D) "Club" means a corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring, or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided that such club files with the liquor commissioner at the time of its application for a license under this chapter two copies of a list of names and residences of its members, and similarly files within ten days of the election of any additional member his or her name and address; and, provided further, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
(E) "Hotel" means every building or other structure kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered to adequate pay to travelers and guests, whether transient, permanent, or residential, in which twenty-five or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures, being provided with adequate and sanitary kitchen and dining room equipment and capacity.
(F) "Liquor Control Act" means the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1, as now or hereafter amended.
(G) "Liquor commissioner" means the president of the village.
(H) "Person" means any natural person, or any corporation or partnership or unincorporated association.
(I) "Restaurant" means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. An applicant for a restaurant license must be able to demonstrate to the reasonable satisfaction of the liquor commissioner that at least fifty percent of the gross revenue of the establishment will derive from sale of food. The holder of a restaurant license must be able to demonstrate to the reasonable satisfaction of the liquor commissioner, at any time upon demand of the liquor commissioner, and upon renewal of a license, at least fifty percent of the gross revenue of the establishment has regularly derived from sale of food.
(J) "Retailer" means a person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form.
(K) "Sale" means any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
(L) "Sell at retail" and "sale at retail" refers to and means sales for use or consumption and not for resale in any form.
(M) "Special event" means an event conducted by an educational, fraternal, political, civic, religious or other nonprofit organizations.
(N) "Special event retailer" means an educational, fraternal, civic, religious, or nonprofit organization which sells or offers for sale, beer or wine or both, only for consumption at the location and on the dates designated by a special event license.
(O) "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
(P) "State Commission" means the Illinois Liquor Control Commission.
(Q) "To sell" means and includes to keep or expose for sale and to keep with intent to sell.
(R) "Wine" means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.
(Ord. 93-014, passed 5-24-93; Ord. 2005-026, passed 10-17-05).
110.002 Liquor commissioner.
(A) The village president is hereby designated as the liquor commissioner and shall be charged with the administration of the Liquor Control Act and of such ordinances and resolutions relating to alcoholic liquor as may be enacted. The president may appoint a person or persons to assist in the exercise of the powers and the performance of the duties provided for in division (B).
(B) Powers, Duties and Functions. The liquor commissioner shall have all the powers, functions and duties with respect to local liquor licenses granted by the Liquor Control Act, including:
(1) To grant and/or suspend for not more than thirty days or revoke for cause all local licenses issued to persons or entities for premises within the village and to impose fines as set forth herein;
(2) To enter or to authorize any law enforcement officer to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the Liquor Control Act or this chapter, or any rules or regulations adopted by the liquor commissioner or by the State Commission, have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
(3) To receive complaints from any citizen with the village that any of the provisions of the Liquor Control Act or this chapter have been or are being violated, and to act upon such complaints in the manner provided by the Liquor Control Act or this chapter;
(4) To receive local license fees and pay same to the village treasurer;
(5) To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, of any licensee upon whom notice of revocation or suspension has been served, or any licensee against whom a citation proceeding has been instituted by the State Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee or respondent; and to hear testimony and take proof for information in the performance of the liquor commissioner's duties; and for such purposes, to issue subpoenas which shall be effective in any part of the state. For the purpose of obtaining any of the information desired by the liquor commissioner under this section, the commissioner may authorize an agent to act on his behalf;
(6) To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act or a foreign corporation functioning as a club in this state under a certificate of authority issued under that Act has violated the Liquor Control Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;
(7) To revoke and suspend licenses, and levy fines, in accordance with Section 110.25.
(Ord. 93-014, passed 5-24-93).
110.003 License required.
It shall be unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.
(Ord. 93-014, passed 5-24-93)
110.004 Application for license.
An applicant for a license shall submit to the liquor commissioner or to the village clerk (who shall transmit the application to the liquor commissioner) an application in writing under oath stating:
(A) The applicant's name and mailing address;
(B) The name and address of the applicant's business;
(C) If applicable, the date of the filing of the assumed name of the business with the county clerk;
(D) In case of a copartnership, the date of the formation of the partnership; in the case of an Illinois corporation, the date of its incorporation; or in the case of a foreign corporation, the state where it was incorporated and the date of its becoming qualified under the Business Corporation Act of 1983 to transact business in the state of Illinois;
(E) The number, the date of issuance and the date of expiration of the applicant's current state and local retail liquor licenses;
(F) The name and address of the landlord if the premises are leased, with a copy of the lease;
(G) Whether the applicant, or in the case of a corporation, any officer, director, manager, or owner of five percent or more of the applicant's business entity or parent corporations of the applicant's business, has made an application for a liquor license which has been denied, and if so, the reasons therefor;
(H) Whether the applicant, or in the case of a corporation, any officer, director, manager, or owner of five percent or more of the applicant's business entity or parent corporations of the applicant's business, has ever had any previous liquor license suspended or revoked, and if so, the specific reasons thereof;
(I) Whether the applicant, or in the case of a corporation, any officer, director, manager, or owner of five percent or more of the applicant's business entity or parent corporations of the applicant's business, has ever been convicted of any criminal misdemeanor or felony, and if so, the particulars thereof;
(J) Whether the applicant, or in the case of a corporation, any officer, director, manager, or owner of five percent or more of the applicant's business entity or parent corporations of the applicant's business, possesses a current federal wagering stamp, and if so, the reasons therefor;
(K) Whether the applicant, or in the case of a corporation, any officer, director, manager, or owner of five percent or more of the applicant's business entity or parent corporations of the applicant's business, or any other person with an interest in the applicant's place of business is a public official, and if so, the particulars thereof;
(L) The applicant's name, sex, date of birth, social security number, position and percentage of ownership in the business; and the name, sex, date of birth, social security number, position and percentage of ownership in the business of every owner, partner, corporate officer, director, manager and any person who owns five percent or more of the shares of the applicant's business entity or parent corporations of the applicant business entity;
(M) In addition to any other requirement of this section, an applicant for a special event retailer's license shall also submit proof of adequate dram shop insurance for the special event prior to being issued a license;
(N) If the application is made in behalf of a partnership, firm, association, club or corporation, then the same shall be signed by at least two members of such partnership or the president and secretary of such corporation or two authorized agents of said partnership or corporation.
(Ord. 93-014, passed 5-24-93).
110.005 Disposition of license application.
(A) The liquor commissioner shall cause the police department to perform a background check on any new applicant for a Class C or F liquor license. When the applicant is a partnership, the background check shall include all partners thereof. When the applicant is a corporation, the background check shall include the officers, manager or director of the corporation and any stockholder or stockholders owning in the aggregate more than five percent of the capital stock of the corporation. When the applicant is a limited liability company, the background check shall include the managers, officers and members owning in the aggregate more than five percent of the membership interest of the limited liability company.
(B) The liquor commissioner may in his or her discretion cause the police department to perform a background check on any new applicant for a liquor license other than Class C or F. When the applicant is a partnership, the background check may include all partners thereof. When the applicant is a corporation or limited liability company, the background check may include the officers, manager or director of the corporation and any stockholders or members owning in the aggregate more than five percent of the capital stock of the corporation. When the applicant is a limited liability company, the background check may include the managers, officers and members owning in the aggregate more than five percent of the membership interest of the limited liability company.
(C) The background check shall include fingerprinting by the police department of each person subject thereto. The fingerprints shall be submitted to the appropriate state and federal agencies for processing as available.
(D) The liquor commissioner may, after examination of the application, require the submission of further information needed for a determination under Section 110.006 or conduct further investigations as set forth in Section 110.002(B)(5) of this chapter.
(E) The commissioner shall issue a written acceptance or rejection of an applicant within sixty days of its receipt by the commissioner or village clerk; or shall notify an applicant of the reasons for further time being necessary to complete the investigation or processing.
(Ord. 93-014, passed 5-24-93; Ord. 2008-016, passed 5-19-08).
110.006 Restriction on licensees.
(A) No liquor licenses shall be issued to:
(1) A natural person who is not a resident of the village;
(2) A natural person who is not of good character and reputation in the community in which such person resides;
(3) A natural person who is not a citizen of the United States;
(4) A natural person who has been convicted of being the keeper or is keeping a house of ill fame;
(5) A natural person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;
(6) A natural person whose license under this chapter or under the Liquor Control Act has been revoked for cause;
(7) A natural person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;
(8) A copartnership, if any general partnership thereof or any limited partnership thereof, owning more than five percent of the aggregate limited partner interest in such copartnership, would not be eligible to receive a license hereunder for any reason other than residence;
(9) A corporation, if any officer, manager, assistant manager, or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence;
(10) A corporation, unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the Business Corporation Act to transact business in the state;
(11) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required by the licensee;
(12) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, or who shall have forfeited a bond to appear in court to answer charges for any such violation;
(13) A person who does not actually or beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(14) Any law enforcing public official, including members of local liquor control commissions, any mayor, alderman, or member of the city council or commission, any president of a village board of trustees, any member of a village board of trustees, or any president or member of a county board; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor, except that license may be granted to such official in relation to premises which are not located within the territory subject to the jurisdiction of that official if the issuance of such license is approved by the State Commission;
(15) Any person, firm or corporation not eligible for or who has failed to obtain a state retail liquor dealer's license;
(16) A person who is not a beneficial owner of the business to be operated by the licensee;
(17) A person who has been convicted of a gambling offense as proscribed by Ill.Rev.Stat., Ch. 38, § 28-1(a)(3) through (a)(10), or as proscribed by a statute replacing any of the aforesaid statutory provisions;
(18) A natural person to whom a federal gaming device or a federal wagering stamp has been issued by the federal government for the current tax period;
(19) A copartnership to which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;
(20) A corporation, if any officer, manager, or director thereof, of any stockholder owning in the aggregate more than five percent of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;
(21) Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.
(Ord. 93-014, passed 5-24-93).
110.007 Record of licenses.
The village clerk shall keep a complete record of all such licenses issued and shall furnish the chief of police with a copy thereof. Upon revocation or suspension of any license, the village clerk shall immediately give written notice thereof to the chief.
(Ord. 93-014, passed 5-24-93).
110.008 Insurance requirements.
No license shall be granted to an applicant until such applicant shall furnish evidence satisfactory to the liquor commissioner that such applicant is covered by a policy of dram shop insurance issued by a responsible insurance company authorized and licensed to do business in the state insuring such applicant against liability which such applicant may incur under the Liquor Control Act. The evidence of the insurance policy shall indicate that the term of the insurance is of sufficient length to encompass the period of the license sought.
(Ord. 93-014, passed 5-24-93).
110.009 Term of license– Renewals.
(A) Each license issued hereunder shall terminate on April 30th following the issuance thereof, except Class A and B licenses, which shall be for limited periods as prescribed in Section 110.011.
(B) At the expiration of each license period, the licensee shall submit a new application for each renewal period, which shall be processed in the same manner as an application for a new license, except that any background check will be discretionary with the liquor commissioner, and not required. If the application meets the standards of this chapter, the licensee shall be entitled to renewal of the license. The renewal privilege shall not be construed as a vested right which shall prevent the corporate authorities of the village from decreasing or limiting the number of classes of licenses to be issued pursuant to this chapter.
(Ord. 93-014, passed 5-24-93; Ord. 2008-016, passed 5-19-08).
110.010 Transfer of license.
(A) A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided herein, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable for transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution; provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee.
(B) A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with this section.
(Ord. 93-014, passed 5-24-93).
110.010A Banquet hall licenses.
A Class BA "banquet hall" license shall authorize the service or sale of alcoholic liquor at retail, to be sold and served by the drink or pitcher only, although beer may be sold by the keg, and wine may be sold by the bottle, so long as beer and wine are served by the drink or by the pitcher, for consumption on the premises only, in the course of banquet hall business. In the course of this business, the licensee is responsible for control of patrons in the business premises, and at no time may patrons be allowed to act as bartenders or otherwise dispense liquor. At all times that the premises are used for the sale of alcoholic liquor, the licensee or a manager acting for the licensee must be on the premises. Alcoholic liquor may be sold and served only during such times and in such areas within the facility as are evidenced by a written rental agreement, which agreement shall be available for inspection by the liquor commissioner or his agents during each event and for six months thereafter. The annual fee for the license shall be two hundred fifty dollars payable in two installments, one hundred twenty-five dollars on April 30th of each year and one hundred twenty-five dollars on October 30th of each year.
(Ord. No. 2009-016, § 1, passed 6-1-09).
110.010B Permanent outdoor tavern area permit.
(A) On application and payment of an investigation and processing fee of one hundred dollars in addition to the license fees set forth herein, the holder of a Class B, C, E, EE and F license may be issued a permanent outdoor tavern area permit.
(B) A permanent outdoor tavern area permit shall, upon issuance, entitle the licensee to allow outside alcoholic liquor consumption as authorized by his primary classification, outside of the permanent structure of his premises, under the following conditions:
(1) A permanent fence, not less than six feet in height, made of wood or other similar material, shall be erected by the licensee. Design and material must be approved by the liquor commissioner in accordance with standards approved from time to time by the village board. The fence shall be designed in such a manner so as to separate the licensee's patrons from the general public, and shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential or commercial property. All applicable fence permits must be obtained and fees paid prior to erecting the fence.
(2) (a) Access into the outdoor tavern area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk, or adjoining property. Emergency exits as approved by the liquor commissioner shall be provided.
(b) Access into the outdoor tavern area may also be granted through the emergency exit, so long as the emergency exit is staffed at all times by an employee of the licensee who is checking identification cards and ensuring that no alcoholic beverages are brought into or taken out of the outdoor tavern area.
(3) No music of any kind may be played or broadcast from the outdoor tavern area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after ten p.m.
(4) No sales or dispensing of alcoholic liquor may be made from the outside tavern area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outdoor cafe or permanent structure.
(5) Proof of dram shop insurance coverage on the outdoor tavern area must be submitted with the completed application.
(6) Adequate security must be provided by the licensee.
(7) Outside tavern area activities may only be conducted during normal business hours of the establishment.
(8) There shall be no sales of alcoholic liquors within the permanent outside tavern area. All sales shall occur within the licensed premises, and alcoholic liquor shall be carried by the customers to the outside tavern area.
(9) The permanent outside tavern area may include an outside smoking shelter erected and maintained in accordance with the Smoke Free Illinois Act, 30 ILCS 805/8.31 et seq., and any regulations of the state of Illinois promulgated in accordance therewith, as presently in force or as hereinafter amended. Compliance with such Act and regulations is a condition of issuance and renewal of the permit.
(10) The annual fee for an outdoor sales permit shall be twenty-five dollars, with a fifteen-dollar annual renewal/inspection fee.
(11) The licensee shall be subject to all other regulations governing the class of license held by the licensee, including but not limited to regulations governing hours and the sale of food, except as specifically amended herein.
(C) The initial permanent outside tavern area permit shall expire upon the expiration of the license that is current as of the date of issuance of the initial permit. Thereafter, the permanent outside tavern area permit may be renewed and shall expire annually along with the expiration and renewal of the license. The annual fee for the permit shall be one hundred dollars, to be paid by the licensee along with the license fee.
(D) Each licensed premises shall be limited to one outdoor tavern area permit for one outdoor tavern area.
(Ord. 2007-038, passed 12-03-07; Ord. 2008-016, passed 5-19-08; Ord. 2008-038, passed 11-3-08).
110.010C Outdoor sales and consumption prohibited.
Except pursuant to a temporary outdoor permit issued pursuant to Section 110.010A or a permanent outdoor permit issued pursuant to Section 110.010B, no Class C, E, EE and F licensee may sell or allow the consumption of alcoholic liquor as authorized by the license classification, outside of the permanent structure and on the property where the licensee's permanent structure is located.
(Ord. 2008-016, passed 5-19-08).
110.011 Classification and fees.
There shall be the following numbers and classes of licenses with an annual license fee as indicated:
(A) Class A licenses shall authorize the sale at retail, on the premises specified and during the time specified therein (an "event"), of beer only by an exempt, charitable, not-for-profit club or association organized for the benefit of the public only. The fees for such license shall be ten dollars per day. Such club or association may subcontract the beer sales for such an event to a person, firm or corporation who or which holds a Class B, C, E, EE or F license, and for purposes of such event, the location restrictions of a Class B, C, E, EE or F licenses shall not apply. Such subcontracting of the beer sales operation shall, however, be subject to the following conditions:
(1) The Class A licensee shall be listed as an additional insured on the Class B, C, E, EE or F licensee's dram shop insurance policy;
(2) If the event is held on village-owned property, the village shall be named as an additional insured on the Class B, C, E, EE or F licensee's dram shop insurance policy;
(3) The Class A licensee must enter into an agreement with the Class B, C, E, EE or F licensee providing that the Class A licensee's share of the proceeds of beer sales at the event shall be fifty percent or more.
(B) Class B licenses shall authorize the sale at retail, on the premises specified and during the time specified therein, of beer only to members only of a private club or fraternal association that keeps up to date records of its membership, which records are open to inspection by the officers of the village, including duly appointed police officers. The fee for such license shall be fifty dollars semiannually.
(C) Class C licenses shall authorize the sale on the premises specified of alcoholic liquor either for consumption on the premises, or in the original package for consumption off premises; no alcoholic liquor purchased in the original package shall be opened and consumed on premises. The annual fee for such license shall be five hundred dollars. The annual fee shall be payable in two installments, namely two hundred fifty dollars on April 30th of each year and two hundred fifty dollars on October 30th of each year.
(D) Class D licenses shall authorize the sale on the premises specified of alcoholic liquor in the original package only for consumption off the premises; provided, that no such original package containing less than one-half pint shall be permitted to be sold. The annual fee for such license shall be four hundred dollars. The annual fee shall be payable in two installments, namely, two hundred dollars on April 30th of each year and two hundred dollars on October 30th of each year.
(E) Class E licenses shall authorize the licensee, which must be a club, to sell at retail, alcoholic liquor only for consumption on the premises where sold. The annual fee for such license shall be two hundred fifty dollars. The annual fee shall be payable in two installments, namely, one hundred twenty-five dollars on April 30th of each year and one hundred twenty-five dollars on October 30th of each year.
(EE) Class EE licenses shall authorize the licensee, which must be a club, to sell at retail, beer only for consumption on the premises where sold. The annual fee for such license shall be two hundred dollars. The annual fee shall be payable in two installments, namely, one hundred dollars on April 30th of each year and one hundred dollars on October 30th of each year.
(F) Class F licenses shall authorize the sale for consumption on the premises specified of alcoholic liquor at restaurants. The annual fee for such license shall be five hundred dollars. The annual fee shall be payable in two installments, namely, two hundred fifty dollars on April 30th of each year and two hundred fifty dollars on October 30th of each year.
(G) The number of licenses issued by the village shall be as follows:
(1) There may be one Class A license outstanding at any time;
(2) There may be one Class B license;
(3) There may be one Class BA license;
(4) There may be three Class C licenses;
(5) There may be four Class D licenses;
(6) There may be two Class E licenses;
(7) There may be one Class EE license;
(8) There may be one Class F license.
(Ord. 93-014, passed 5-24-93; Ord. 94-020, passed 6-14-04; Ord. 94-028, passed 10-3-94; Ord. 96-004, passed 2-5-96; Ord. 97-009, passed 5-5-97; Ord. 98-046, passed 10-19-98; Ord. 03-010, passed 5-05-03; Ord. 03-014, passed 6-02-03; Ord. 2004-006, passed 3-15-04; Ord. 2005-026, passed 10-17-05; Ord. No. 2009-016, § 2, passed 6-1-09).
110.011A Temporary permit for outside sales.
(A) On application and payment of the license fee as set forth herein, the holder of a Class C, E, EE and F license may be issued a temporary permit to sell alcoholic liquor as authorized by the license classification, outside of the permanent structure and on the property where the licensee's permanent structure is located, under the following conditions:
(1) A temporary fence, not less than four feet in height, made of wood, plastic snow fence, or other similar material shall be erected. The fencing shall be designed and positioned so as to separate the licensee's patrons from the general public.
(2) Access into the outside area shall be from the permanent structure only and no access shall be permitted from the street, sidewalk or adjoining property. Emergency exits as approved by the village building inspector shall be provided.
(3) No music of any kind may be played or broadcast from the outside area or within the permanent structure which is of such a volume so as to disturb the neighborhood in any manner. Music shall not be played or broadcast after 10:00 p.m.
(4) Outdoor portable sanitary facilities must be provided by the licensee as required.
(5) No sales or dispensing of alcoholic liquor may be made from the outside area or permanent structure to any person upon adjoining property, public street, sidewalk or alley, and no alcoholic liquor served in an open container may be removed from the outside area or permanent structure.
(6) Proof of dram shop insurance coverage on the outside area must be submitted with the completed application.
(7) Adequate security must be provided by the licensee.
(8) Outside area activities may not begin prior to 12:00 p.m. (noon) and will cease at the normal closing time for the licensee, or 12:00 midnight, whichever is earlier.
(9) An outside sales permit may be issued for a maximum of two consecutive days. Not more than two permits may be issued to a licensee during a calendar year.
(10) The fee for a temporary outside sales permit shall be fifty dollars for each day for which the permit is to be used. Issuance of an outside sales permit to a licensee shall be treated separately from the licensee's primary license and shall be subject to suspension or revocation by the commissioner for just cause.
(11) Within the permitted area, the licensee shall be subject to all other regulations governing the class of license held by the licensee, including but not limited to regulations governing the sale of food, except as specifically amended herein.
(Ord. 2007-017, passed 5-21-07; Ord. 2008-016, passed 5-19-08).
110.012 License applications and terminations– Fees.
(A) The first and initial license fee for new licenses applied for between May 1st and October 31st shall be in an amount equal to the annual fee described in Section 110.011 plus a nonrefundable fee of fifty dollars per person, not to exceed two hundred dollars per applicant, to defray the costs of investigation of the applicant pursuant to Section 110.005 of this code, payable in one installment.
(B) The first and initial license fee for new licenses applied for between November 1st and April 30th shall be in an amount equal to one-half the annual fee plus the nonrefundable fee fifty dollars per person, not to exceed two hundred dollars per applicant, to defray the costs of investigation of the applicant pursuant to Section 110.005 of this code, payable in one installment.
(Ord. 93-014, passed 5-24-93; Ord. 2008-016, passed 5-19-08).
110.013 Incomplete applications.
(A) Applications for liquor licenses which are incomplete or fail to contain the statements of information required by Section 110.004 shall be rejected by the liquor commissioner. The commissioner shall issue a written rejection of such application setting forth the deficiencies in the application within sixty days of its receipt by the liquor commissioner or by the village clerk. Prior to such rejection, the applicant may submit the additional information or statements required to complete such application in accordance with Section 110.004.
(B) Administrative or legal expenses incurred in reviewing incomplete liquor license applications, advising the applicant of such deficiencies, and rejecting such applications shall be paid by the applicant. A bill or invoice shall be submitted to the applicant specifying the additional administrative or legal expenses incurred in processing the applicant's incomplete liquor license application, which shall be paid by the applicant together with the annual license fee prior to the issuance of such liquor license.
(Ord. 93-014, passed 5-24-93).
110.014 Disposition of fees.
All such fees shall be paid to the village treasurer at the time application is made. In the event the license applied for is denied, the fee shall be returned to the applicant, except for the nonrefundable fee set forth in Section 110.012. If the license is granted, then the fee shall be deposited as set forth above, and no portion thereof shall be refunded.
(Ord. 93-014, passed 5-24-93).
110.015 Conditions of license.
(A) Closing Hours.
(1) It shall be unlawful for the holder of a license, regardless of classification, to sell or offer for sale at retail any alcoholic liquor in the village on Monday through Saturday between the hours of one a.m. and eight a.m.
(2) It shall be unlawful for the holder of a Class A license, a Class B license or a Class C license, to sell or offer for sale at retail any alcoholic liquor in the village on Sundays between the hours of one a.m. and one p.m.; provided, however, that the holder of the Class C license may sell alcoholic liquor in the original package, only for consumption off the premises, between the hours of ten a.m. and one p.m. on Sundays. Such sales shall be in original package containing not less than one-half pint.
(3) It shall be unlawful for the holder of a Class D license to sell or offer for sale at retail any alcoholic liquor in the village on Sundays between the hours of one a.m. and ten a.m.
(4) It shall be unlawful for the holder of a Class F license to sell or offer for sale at retail any alcoholic liquor in the village between the hours of one a.m. and four p.m., Monday through Friday, or between the hours of one a.m. and one p.m. on Saturday and Sunday.
(5) Notwithstanding the foregoing restrictions, the holder of a Class B, C, E, EE or F license may sell or offer for sale those classes of alcoholic liquor permitted by their respective licenses, between the hours of 12:00 a.m. and 3:00 a.m. on January 1st of each year.
(B) Violation of this section, or any subsection thereof, shall be deemed to threaten the welfare of the village and shall be cause for immediate suspension of the licensee's license. Such revocation and suspension shall be in accordance with the Illinois Revised Statutes.
(C) Election Days. Licensees may sell at retail any alcoholic liquor on the day of any national, state, county, or village election, including primary elections, during the hours the polls are open, within the political area in which such election is being held.
(D) Refilling Original Packages. No person licensed under this chapter shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor; and it shall be unlawful for any person to have in his possession for sale at retail any bottles, casks or other containers, containing alcoholic liquor, unless in original packages, except vinous beverages and pitchers of beer as permitted elsewhere herein.
(E) Quantity Sales for On-Premises Consumption. It shall be unlawful for any licensee, to sell, give away, or permit to be sold, served, or given away for consumption on the licensed premises any distilled spirits except by the glass, in individual servings not exceeding three fluid ounces.
(F) Displaying License. Every licensee shall cause the license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises.
(Ord. 93-014, passed 5-24-93; Ord. 94-037, passed 12-19-94; Ord. 95-011, passed 5-15-95; Ord. 2000-043, passed 11-20-00; Ord. 2005-026, passed 10-17-05; Ord. 2007-036, passed 12-3-07; Ord. 2008-016, passed 5-19-08; Ord. 2008-038, passed 11-3-08).
110.016 Location restrictions.
(A) No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet of any church, school, hospital, home for the aged or indigent persons, or for veterans, their wives or children, or any military or naval station; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or restaurants or other places where the sale of alcoholic liquors is not the principal business carried on, nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within one hundred feet of any church or school, where such church or school has been established within such one hundred feet since the issuance of the original license. In the case of a church, the distance of one hundred feet shall be measured to the nearest part of any building used for worship services or education programs and not to property boundaries.
(B) Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor, if any such sales are limited to period when groups are assembled on the premises solely for the promotion of some common object other than sale or consumption of alcoholic liquor.
(C) No such license shall be issued to any person for the sale of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age, or where the principal business transacted consists of school books, school supplies, food, lunches, or drinks for such minors.
(D) A license issued hereunder shall permit the sale of alcoholic liquor only in the premises described in the application and license. Such location may be changed only when and upon the written permit to make such change shall be issued by the local commissioner. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter.
(Ord. 93-014, passed 5-24-93; Ord. 94-021, passed 6-20-94).
110.017 Sanitary conditions.
All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for sale, shall be kept in full compliance with any and all village and county ordinances regulating the condition of the premises used for the storage or sale of food for human consumption.
(Ord. 93-014, passed 5-24-93).
110.018 View from street.
(A) In premises upon which the sale of alcoholic liquor for consumption on the premises is licensed (other than a restaurant, hotel, or club) no screen, blind, curtain, partition, article, or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times. No booth, screen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises which shall prevent a clear view of the entire interior from the street, road or sidewalk. All rooms where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the interior of the premises shall be clearly visible.
(B) In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee, or be permitted to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this section, the liquor commissioner shall have the right to require the filing of plans, drawings, and photographs showing the clearance of the view as above required.
(Ord. 93-014, passed 5-24-93).
110.019 Premises restrictions.
No licensed premises shall be operated or occupied in violation of any building, fire, health or safety code, rule, regulation, occupancy, or capacity limitation established or adopted by the village, the state, the county, or if applicable, the fire protection district for the village.
(Ord. 93-014, passed 5-24-93).
110.020 Personnel restrictions.
(A) Change in Personnel.
(1) Any changes in partnerships, officers, directors, persons holding directly or beneficially more than five percent but less than fifty percent of the stock, membership or other ownership interest, and all changes of managers or assistant managers of establishments licensed under this chapter shall be reported in writing to the liquor commissioner within ten days of the change. All such new personnel shall be subject to a background check as set forth in Section 110.012 and shall pay a nonrefundable fee of fifty dollars per person, not to exceed two hundred dollars per applicant. All such changes in personnel shall be subject to review by the liquor commissioner to determine whether the new persons would be eligible to hold a liquor license.
(2) Any sale, transfer, or assignment of more than fifty percent of the shares of a corporation or membership of a limited liability company or the sale, transfer or assignment of more than fifty percent of the interest in a partnership, shall be reported in writing to the liquor commissioner and shall terminate the license; however, the licensee may apply for a new license at the same premises.
(3) When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, the license shall terminate.
(4) When a license has been issued to a corporation or limited liability company, and a change takes place in officers, directors, managers, members, or shareholders of more than five percent of the stock or membership interest, resulting in the holding of office or stock or membership interests by one who is not eligible for a license, the license shall terminate.
(5) When a license has been issued to an individual who is no longer eligible for a license, the license shall terminate.
(B) Employees. It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any persons who is afflicted with, or who is a carrier of, any contagious, infectious, or venereal disease; and it shall be unlawful for any persons who is afflicted with, or is a carrier of, any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor. No employee, agent, or manager, while on duty within the premises, shall use or consume any illegal drugs or alcoholic liquor, or be under the influence of illegal drugs or alcoholic liquor.
(C) Supervision. A license which operates with a manager or assistant manager shall have on duty at all times such manager or assistant manager when the license is in effect.
(Ord. 93-014, passed 5-24-93; Ord. 2008-016, passed 5-19-08).
110.021 Prohibited acts and conditions.
(A) Peddling. It shall be unlawful to peddle alcoholic liquor in the village.
(B) Gambling. It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor.
(C) Solicitation. It shall be unlawful for any licensee, manager, or other person in charge of any licensed premises where alcoholic liquor is sold or offered for sale for consumption thereon to engage, employ or permit the engagement or employment of any persons, nor shall any person be permitted to remain on the premises who shall solicit any patron or customer thereof to purchase alcoholic or nonalcoholic liquor or sexual favors or services for herself, himself, or any other person; nor shall any person, whether employer, entertainer, or otherwise, solicit any patron or customer therein to purchase alcoholic or nonalcoholic liquor for herself, himself, or any other person therein. However, nothing herein contained shall prohibit any adult manager, waitress or waiter who shall be regularly employed therein from accepting and serving the order of a patron or customer in the regular course of employment as such manager, waitress or waiter.
(Ord. 93-014, passed 5-24-93).
110.022 Sales to minors, drunkards, and the like.
(A) No licensee or officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty-one years, or to any intoxicated person, or to any person known to be a habitual drunkard, insane, mentally ill, mentally deficient, or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age of twenty-one years except in the performance of a religious ceremony or service. It shall be unlawful for any person under the age of twenty-one years to misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the village where alcoholic liquor is sold.
(B) In every place in the village where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card which shall read substantially as follows:
WARNING TO PERSONS
UNDER THE AGE OF 21 YEARS
You are subject to a fine up to $500.00 under the ordinances of the Village of Riverton if you purchase or attempt to purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.
(C) It shall be unlawful for any holder of any license which authorizes consumption of alcoholic beverages on the premises, other than a Class E, EE or F licensee, to suffer or permit any person under the age of eighteen to be or remain on the licensed premises unless accompanied by a parent or legal guardian.
(D) It shall be unlawful for any parent or guardian to knowingly permit any person of which he or she is the parent or guardian to violate any provision of this section.
(E) It shall be unlawful to sell, give, or deliver alcoholic liquor to any person under the age of twenty-one.
(F) It shall be unlawful for any person under the age of twenty-one years to draw, pour or mix any alcoholic liquor in any licensed premises. It shall be unlawful for any person under the age of twenty-one years to dispense, sell or deliver any alcoholic liquor in any licensed premises, except that persons under the age of twenty-one years but over the age of eighteen years may be employed as waiters and waitresses in an establishment holding a Class F restaurant license, to deliver to customers alcoholic liquor drawn, poured or mixed by another.
(Ord. 93-014, passed 5-24-93; Ord. 2005-026, passed 10-17-05; Ord. 2006-027, passed 12-18-06; Ord. 2008-016, passed 5-19-08).
110.023 Purchase or acceptance of gift by minors– Identification cards.
(A) Purchase or Possession of Alcoholic Liquor by a Person Under Twenty-One Years of Age.
(1) Any person to whom the sale, gift or delivery of alcoholic liquor is prohibited because of age shall not purchase or attempt to purchase or accept a gift of alcoholic liquor or have alcoholic liquor in his or her possession.
(2) If a licensee or such licensee's agent or employee believes, has reason to believe, or should have reason to believe that a sale or delivery of alcoholic liquor is prohibited because of the age of the prospective recipient, such licensee, agent or employee shall, before making such sale or delivery, demand presentation of some form of positive identification (containing proof of age) issued by a public officer in the performance of his official duties. A ticket issued to a driver is not sufficient identification for purposes of this section. Reasonable care in compliance with the provisions of this subdivision shall be competent evidence and may be considered in prosecution, revocation, or suspension for the violation of any section of this chapter relating to revocation or suspension for the violation of any other provision of this chapter.
(3) No person shall transfer, alter or deface such an identification card, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by means of false information. No person shall purchase, accept delivery, or have possession of alcoholic liquor in violation of this section.
(4) The consumption of alcoholic liquor by any person under the age of twenty-one years is forbidden.
(B) Nothing in this section shall be construed to prohibit the possession and dispensing, or consumption by a person under the age of twenty-one years of alcoholic liquor in the performance of a religious service or ceremony.
(Ord. 93-014, passed 5-24-93).
110.024 Violation of Retailers' Occupation Tax Act– Citizen complaints.
(A) In addition to other grounds specified in this chapter, the liquor commissioner, upon the complaint of the State Department of Revenue, may refuse the issuance or renewal of a retail license, or suspend or revoke such license, for any of the following violations of the Retailers' Occupation Tax Act approved June 28, 1933, as amended:
(1) Failure to make a tax return;
(2) The filing of a fraudulent return;
(3) Failure to pay all of or part of any tax or penalty finally determined to be due;
(4) Failure to keep books and records;
(5) Failure to secure and display a certificate or subcertificates of registration;
(6) Wilful violation of any rule or regulation of the State Department of Revenue relating to the administration and enforcement of tax liability.
(B) Complaint of Violation– Hearing. Any five residents of the village shall have the right to file a complaint with the liquor commissioner that a licensee has been or is violating the provisions of this chapter or the Liquor Control Act or the rules or regulations issued pursuant thereto. Such complaint shall be in writing in the form prescribed by the liquor commissioner and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the liquor commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint.
(Ord. 93-014, passed 5-24-93).
110.025 Revocation or suspension of local license– Fines– Notice– Hearing– Appeal.
(A) The liquor commissioner may revoke or suspend any license if he or she determines that the licensee has violated any of the provisions of this chapter or of any valid ordinance or resolution enacted by the village board or any applicable rule or regulations established by the liquor commissioner or the State Commission which is not inconsistent with law. In lieu of suspension or revocation, the liquor commissioner may instead levy a fine on the licensee for such violations. The fine imposed shall not exceed one thousand dollars for each violation; each day on which a violation continues shall constitute a separate violation. Not more than ten thousand dollars in fines under this section may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund of the village.
(B) However, no such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the liquor commissioner with a three-day written notice to licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the liquor commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the liquor commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he or she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses.
(C) The liquor commissioner shall within five days after such hearing, if he or she determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee.
(D) The licensee after the receipt of such order of suspension or revocation shall have the privilege within a period of twenty days after the receipt of such order of suspension or revocation of appealing the order to the State Commission for a decision sustaining, reversing or modifying the order of the liquor commissioner. If the State Commission affirms the liquor commissioner's order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued, until the liquor commissioner's order is terminated by its own provisions or reversed upon rehearing or by the courts.
(Ord. 93-014, passed 5-24-93).
110.026 Forfeiture of fees.
Whenever any license hereunder has been revoked as provided for in this chapter, the licensee shall incur a forfeiture of all moneys that have been paid for the license.
(Ord. 93-014, passed 5-24-93).
110.027 Use of premises after revocation.
When any license has been revoked for any cause, no license shall be granted to any person for a period of one year thereafter for the conduct of the business of manufacturing, distributing, or selling alcoholic liquor in the premises described in the revoked license, unless the revocation order has been vacated, or unless the revocation is entered as to the licensee only.
(Ord. 93-014, passed 5-24-93; Ord. 99-046 passed 10-4-99).
110.028 Penalty.
(A) Any person other than a licensee violating any provision of this chapter shall, upon conviction, be fined not less than one hundred nor more than five hundred dollars for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(B) A licensee violating any provision of this chapter may be fined by the liquor commissioner in lieu of suspension or revocation. The fine shall not exceed one thousand dollars for each such violation. Each day on which the violation occurs shall constitute a separate violation. Not more than ten thousand dollars in fines under this section may be imposed against any licensee during the period of the licensee's license.
(C) Proceeds of fines imposed by the liquor commissioner shall be paid into the village treasury.
(Ord. 93-014, passed 5-24-93).
Chapter 111 Sections:
111.001 Definitions.
111.002 License required; plan; fee.
111.003 Character of applicant.
111.004 Supervision.
111.005 Spaces.
111.006 Water supply.
111.007 Sanitary facilities; garbage; lights.
111.008 Additional regulations.
111.009 Permanent use.
111.010 Utility service.
111.011 Exceptions.
111.012 Authorization.
111.999 Penalty.
111.001 Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them:
(A) "Trailer coach" Any vehicle or similar portable structure constructed so as to permit its being used as a conveyance on a public street and so as to permit the occupancy thereof as a dwelling by one or more persons.
(B) "Trailer park or mobile home park" An area of land on which 2 or more occupied trailers or mobile homes are harbored, either free of charge or for revenue, together with any building structure or enclosure used as part of the equipment of such park.
(Ord. 73-003, passed 4-3-73).
111.002 License required; plan; fee.
(A) It shall be unlawful to establish, maintain or operate any trailer park or mobile home park in the municipality without first having obtained a license therefor. Application for such licenses shall be made in writing to the village clerk and shall contain the name of the applicant, the location of the proposed park, and the number of trailers or mobile homes to be accommodated.
(B) Each such application shall be accompanied by a plat or sketch showing the size and location of all buildings and structures.
(C) The annual fee for such licenses shall be $10 plus $1 for each trailer or mobile home over 20 for which accommodations are provided. Whenever the number of such accommodations is increased, this shall be reported to the village clerk, and the additional fee, if any, necessitated by such increase shall be paid before the additional spaces are put to use. When a license is applied for, or accommodations are increased during the license year, the fee shall be prorated on the basis of the number of months remaining in the license year.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.003 Character of applicant.
(A) No such license shall be issued to any but a person of good character, nor to any corporation if any officer thereof is not a person of good character.
(B) It shall be unlawful to hire or keep as manager, superintendent or person in charge of a trailer park or mobile home any person who is not a person of good character, or any person who has been convicted of a felony.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.004 Supervision.
Each trailer park or mobile home park, while operated, shall be in charge of a responsible attendant or care taker at all times, who shall be responsible, with the licensee, for compliance with the provisions of this chapter relating to the conduct of such parks.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.005 Spaces.
Each trailer or mobile home shall be allotted a site of not less than 1,000 square feet. No trailer or mobile home shall be parked closer than 5 feet to the side lot lines of a trailer park or mobile home park, if the abutting property is improved property, or closer than 10 feet to a public street, alley or building. Each individual trailer or mobile home site shall abut or face on a driveway or clear unoccupied space of not less than 20 feet in width, which space shall have unobstructed access to a public highway or alley. There shall be an open space of at least 10 feet between the sides of every trailer or mobile home and at least 5 feet between the ends of every trailer or mobile home.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.006 Water supply.
An adequate supply of pure water for drinking and domestic purposes from the municipal water supply system shall be supplied to meet the requirements of such trailer park or mobile home park. Such water shall be obtained from faucets only, conveniently located in such park. No common drinking cups shall be permitted. A water meter shall be installed in each such park.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.007 Sanitary facilities; garbage; lights.
(A) Each trailer park or mobile home park shall provide toilets, baths or showers with separate accommodations for men and women.
(B) It shall be the duty of the owner, his agent or caretaker, to provide for the collection and removal of garbage or other waste material and to otherwise maintain the park in a clean and sanitary condition.
(C) The parks shall be kept properly and adequately lighted at all times so that the grounds shall be safe for occupants and visitors.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.008 Additional regulations.
In compliance with the provisions of this chapter, it shall be the duty of the licensee and person in charge of a trailer park or mobile home park to comply fully with the provisions of "An Act to provide for, license and regulate mobile homes and mobile home parks and to repeal an Act named herein," effective September 8, 1971, as amended, found in Illinois Revised Statutes, Chapter 111- 1/2, Par. 711 to 736, inclusive.
(Ord. 73-003, passed 4-3-73).
111.009 Permanent use.
(A) It shall be unlawful for any person to maintain any trailer coach upon any plot of ground in the municipality except in a licensed trailer park or mobile home park.
(B) It shall be unlawful for any person to remove the wheels or other transporting device from any trailer or mobile home or otherwise to affix said trailer or mobile home permanently to the ground so as to prevent ready removal of such trailer or mobile home, unless a permit to do so is obtained from the village board of trustees.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.010 Utility service.
Electric or gas utility service, or both, will not be provided to trailers or mobile homes not in compliance with the terms of this chapter. Such utility service will not be provided to existing trailer or mobile homes after the existing occupant (whether a tenant or owner) moves from such trailer or mobile home.
(Ord. 73-003, passed 4-3-73) Penalty, see Section 111.999.
111.011 Exceptions.
This chapter shall not apply to an existing trailer or mobile home so long as it is used by the existing occupant but shall apply to an existing trailer or mobile home after the existing occupant (whether a tenant or owner) moves from such trailer or mobile home.
(Ord. 73-003, passed 4-3-73).
111.012 Authorization.
This chapter is enacted pursuant to the authority of Section 18 of "An Act to provide for, license and regulate mobile homes and mobile home parks and to repeal an Act named herein," effective September 8, 1971, and Section 11-5-8 (effective July 1, 1972) of the Illinois Municipal Code, approved May 29, 1961, as amended.
(Ord. 73-003, passed 4-3-73).
111.999 Penalty.
Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not less than $10 nor more than $500 for each offense. Each day's violation shall constitute a separate offense.
(Ord. 73-003, passed 4-3-73).
Chapter 112 ------------
* Prior ordinance history: Ords. 169 and 89-004.
------------
Sections:
112.001 License required.
112.002 License– Application.
112.003 License– Procedures for granting or denying– Appeals.
112.004 Conditions of licensure.
112.005 Rate structures.
112.006 Unmarketability of recyclables.
112.007 Unlicensed waste collection prohibited.
112.008 Collection of over-sized solid waste.
112.009 License– Duration– License fee– Contractual obligations.
112.010 Records.
112.011 Customer responsibilities.
112.012 Hours of solid waste collection.
112.999 Enforcement and penalties.
112.001 License required.
After the effective date of the ordinance codified in this chapter and subject to Section 112.008, no person, firm or corporation shall engage in the business of solid waste hauling or disposal within the corporate limits of the Village of Riverton unless licensed in accordance with the provisions of this chapter.
(Ord. 94-005, passed 3-16-94).
112.002 License– Application.
Any person, firm or corporation may obtain a license to collect solid waste within the Village of Riverton by submitting an application for license to the village clerk and paying an annual license fee as set forth in Section 112.009. The applications shall be on forms prescribed by the village, and shall contain the following information about and agreements of the waste hauler:
(A) The name, business address, and telephone number of the person, firm or corporation;
(B) If the waste hauler is a corporation, the corporation shall provide a certificate of good standing and the name, address and telephone number of the corporation's president and of its registered agent;
(C) If the applicant is a partnership, the applicant shall provide the names, addresses and telephone numbers of all partners holding greater than a five percent interest;
(D) If the applicant is doing business under an assumed name, the applicant shall provide a copy of the assumed name certificate filed with the county clerk, if a natural person, and of the assumed name certificate filed with the Secretary of State, if a corporation;
(E) The applicant shall provide proof of liability insurance in the amount of one million dollars per occurrence, including insurance for each vehicle, and shall agree to keep such insurance in force during the term of the license;
(F) The applicant shall provide proof of workers' compensation insurance covering its employees in the statutory amount and shall agree to keep such insurance in force during the term of its license;
(G) The applicant shall attach a schedule of rates which it will charge upon the license being granted, and shall agree to provide the village with written notice of any rate changes at least sixty days in advance of rate changes. However, the first notification after passage of the ordinance codified in this chapter shall require only a thirty-day notification;
(H) The applicant shall agree to observe all provisions and conditions of this chapter during the term of its license;
(I) If in accordance with Section 112.006, the applicant proposes not to recycle a class of recyclable materials due to the unavailability of markets, the applicant shall include with the application, or may submit under separate cover, proof of the unavailability of the market;
(J) The application shall be signed by the applicant or a responsible officer of the applicant;
(K) The applicant shall agree to clearly mark each vehicle used for solid waste collection with the applicant's name.
(Ord. 94-005, passed 3-16-94).
112.003 License– Procedures for granting or denying– Appeals.
(A) Applications for solid waste hauling licenses shall be submitted to the village clerk, who shall process the applications within seven working days and either grant or deny the license. If the license is denied, the village shall state the reason for the denial in writing. Thereupon, the applicant may appeal in accordance with subsection B of this section; or may within ten days resubmit a license application curing any deficiencies, without having to pay an additional license fee. The village shall grant the license or render a final decision denying the license, within seven working days of resubmission.
(B) In the event a license is denied, the applicant may appeal the denial of the application to the village board within seven working days of the final denial, and may request a hearing. The village board's determination shall be reviewable in accordance with Illinois statutes pertaining to administrative review.
(Ord. 94-005, passed 3-16-94).
112.004 Conditions of licensure.
A licensee under this chapter shall, as a condition of licensure do the following things:
(A) The licensee shall pick up and segregate by class the following classes of solid waste:
(1) Unseparated solid waste, which shall consist of solid waste of all descriptions other than yard waste, including recyclable materials that have not been segregated by the customer;
(2) Recyclable materials, which shall include (a) aluminum cans; (b) steel cans; (c) tin-coated cans; (d) bimetal cans; (e) glass bottles and jars of all colors; (f) No. 1 plastic; (g) No. 2 plastic; and (h) newspapers. Recyclable materials shall be separated by the customer from other classes of solid waste and placed in separate marked bins. Newspapers shall be placed in paper bags or baled with twine. Plastic bottles may be tied together with twine. The village reserves the right to expand the definition of recyclable materials due to changing market conditions, without affecting the validity of the license;
(3) Yard waste, which shall include leaves, grass clippings, wood chips, twigs, and garden waste such as weeds and stalks, when segregated and bagged in accordance with the regulations of the facility which accepts such yard waste from the solid waste hauler.
(B) The licensee shall transport and dispose of unseparated solid waste in the Sangamon Valley landfill, when accessible or by any other method permitted by state and federal law.
(C) The licensee shall transport and dispose of recyclable materials by selling or giving such materials to dealers in recyclable materials. Recyclable materials shall be recycled and shall not be disposed of in a solid waste landfill or other methods without the express approval of the village board. Unauthorized disposal of recyclable material may result in the cancellation of the waste haulers license and subject to fines as provided for in Section 112.012(B).
(D) The licensee shall transport yard waste to composting centers or other facilities which accept yard waste only.
(E) Each licensee shall be responsible for handling the recyclable materials and yard waste of its own customers; however, licensees may agree among themselves to handle the recyclable materials and yard waste of another licensee.
(F) The licensee shall comply with this chapter and all other ordinances of the village and with state, county and federal laws and regulations pertaining to solid waste management.
(G) On or before the fifteenth day of each month the licensee shall provide the village with data regarding the number of customers, volume, by category, of solid waste collected, where each type of material was disposed of or sold in the previous month and shall provide any other data the village may reasonably require.
(Ord. 94-005, passed 3-16-94).
112.005 Rate structures.
A licensee may set its own rates, subject only to the following restrictions:
(A) The licensee shall set volume-based rates for commercial and industrial customers for collection of unseparated solid waste, and shall dispose of recyclable materials from such customers free of charge. The licensee may agree with such customers on any frequency of pickup of solid waste, provided that all waste is picked up at least once per week. Because the needs of commercial and industrial customers vary from customer to customer, the licensee need not announce a rate of general applicability, and is free, subject to state and federal law, to discriminate among commercial and industrial customers in the matter of rates.
(B) For residential customers, each licensee shall charge a basic fee, which will entitle each customer to a once weekly pickup and disposal of two 32-gallon garbage cans or two 33-gallon bags of unseparated solid waste, not to exceed sixty pounds each, from March 15, 1994 until October 4, 1994. Thereafter, each residential customer will be entitled to a once weekly pickup and disposal of one 32-gallon garbage can, not to exceed sixty pounds. For unseparated solid waste in excess of the basic service, the licensee shall charge a per thirty-two-gallon can or thirty-three-gallon bag fee. The customer shall purchase stickers for such additional cans and bags from the licensee or village office, and shall affix a sticker to each additional can or bag to be picked up in addition to the basic service. The rates for residential customers shall be of general applicability, and there shall be no discrimination among residential customers as to rates; however, senior citizen discounts are permissible.
(C) Recyclable materials shall be picked up from residential customers free of charge.
(D) Rates for disposal of yard waste shall be volume-based. The licensee shall charge separately for each thirty-two-gallon can or thirty-three-gallon bag of yard waste. The customer shall purchase stickers from the licensee or village office and shall affix a sticker to each can or bag of yard waste. A yard waste sticker shall cost no less than a sticker for unseparated solid waste.
(E) A licensee may change its rates from time to time in its discretion. The licensee shall provide the village with a copy of any rate change for residential customers at least sixty days in advance of the rate change and shall inform each residential customer of the rate change in writing at least thirty days in advance of its effective date. However, the first notification after passage of the ordinance codified in this chapter shall require only a thirty-day notification. Notice to customers may, in the discretion of the licensee, be made by an insert in the monthly bill. No rate change shall be effective unless these notice provisions are complied with.
(Ord. 94-005, passed 3-16-94).
112.006 Unmarketability of recyclables.
A licensee may relieve itself of the obligation to pick up and dispose of any class of recyclable materials by submitting to the village proof of the lack of a reasonable market for such recyclable material. Proof shall consist of a written statement detailing the efforts the licensee has made to seek a market for that class of recyclable material and any other written material the licensee may have in its possession regarding market trends. Upon receipt of such material, the village shall have thirty working days in which to verify the validity of the licensee's statement and to seek a market for the class of recyclable materials. If the village finds the licensee's statement is correct and is unable to find a market, the licensee may, upon fourteen calendar days notice to its customers, require the customers to place the unmarketable class of recyclable material with the unseparated solid waste for pickup. With any subsequent license application, the licensee shall submit written information substantiating the continued unavailability of a market for that class of recyclable materials.
(Ord. 94-005, passed 3-16-94).
112.007 Unlicensed waste collection prohibited.
No person, firm or corporation not licensed hereunder may collect or transport solid waste within the corporate limits of the Village of Riverton. No person other than a licensee hereunder may remove recyclable materials from any premises located within the corporate limits of the Village of Riverton. This section shall not be a limitation on the right of any benefit, nonprofit, religious, charitable or education organization to collect recyclable materials on the premises of such organization, or on the right of any person to give recyclable materials to such organizations or to sell or give his own recyclable materials to a recyclable dealer.
(Ord. 94-005, passed 3-16-94).
112.008 Collection of over-sized solid waste.
A licensee under this chapter shall have no obligation to collect, but may collect for a fee set forth in the licensee's rate structure, solid waste materials, including but not limited to appliances, furniture, carpets, trees, etc., which do not fit into a thirty-two-gallon container or thirty-three-gallon bag or weigh in excess of sixty pounds per item. From time to time, the village may make arrangements for the pickup, disposal, and where appropriate, recycling, of such materials. Residents of any commercial and industrial establishments in the village may themselves remove and dispose of such materials or contract with nonlicensees hereunder for the removal of such materials.
(Ord. 94-005, passed 3-16-94).
112.009 License– Duration– License fee– Contractual obligations.
(A) The annual license fee shall be two hundred fifty dollars. A license shall be effective from May 1st of any year through and including April 30th of the following year. The license fee for applications received after May 1st of any year or before April 30th of any year will not be prorated. Initial licenses issued before April 30, 1994 shall be valid until May 1, 1995.
(B) A license granted hereunder shall constitute a contract pursuant to Section 11-19-1 of the Illinois Municipal Code for the duration of the license.
(Ord. 94-005, passed 3-16-94).
112.010 Records.
The village shall design and obtain license and data collection forms for issuance to each licensee hereunder and shall maintain records of all licenses granted and denied hereunder. The licenses granted hereunder shall be serial numbered. All license applications and records pertaining to grants and denials of licenses shall be subject to disclosure to the public under the Freedom of Information Act and village policies implementing the Act.
(Ord. 94-005, passed 3-16-94).
112.011 Customer responsibilities.
(A) No residential customer of a license shall, without prior agreement with the waste hauler:
(1) Place unseparated and unbagged solid waste or yard waste for collection in any can larger than thirty-two gallons, or yard waste in any bag larger than thirty-three gallons;
(2) Place more than sixty pounds of unseparated solid waste or yard waste in any thirty-two-gallon can;
(3) Place a can of solid waste for collection which is not firmly covered with a lid.
(B) No licensee is required to pick up any can or bag of solid waste which is in violation of this section.
(Ord. 94-005, passed 3-16-94).
112.012 Hours of solid waste collection.
No licensed solid waste hauler shall collect solid waste within the corporate limits of the village at any time other than between the hours of seven a.m. and six p.m., Monday through Saturday.
(Ord. 99-019, passed 5-17-99).
112.999 Enforcement and penalties.
(A) The village police department, public works department and village board are hereby authorized and directed to enforce all provisions of this chapter.
(B) Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a monetary fine not to exceed five hundred dollars.
(C) Each and every day that a violation continues shall be considered a separate offense.
(D) The village may revoke the license of any licensee who fails to comply with the conditions of licensure set forth in Section 112.004. The village shall, before revoking a license, order a licensee to show cause why the license should not be revoked, and shall specify the deficiencies which the village believes exist. The licensee shall, within ten days of the date of the notice, provide the village with written reasons and evidence why the license should not be revoked. Within five days of receipt of such evidence, the village shall render a decision, which may be appealed by the licensee in the same manner as denial of licenses in accordance with Section 112.003(B).
(Ord. 94-005, passed 3-16-94).
Chapter 113 Sections:
113.001 Definitions.
113.002 Minimum physical requirements.
113.003 License required.
113.004 Application.
113.005 Reasons for disqualification.
113.006 Issuance of license.
113.007 License fee and tax.
113.008 Minors– Inspection.
113.009 Revocation of license.
113.999 Penalty.
113.001 Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them:
"Junk" means scrap and iron, steel, chain, brass, copper, magnesium, aluminum, tin, lead or other base metals, scrap lumber, old rope, old bags, rags, waste paper, paper clippings, scraps of woolens, clips, bagging, rubber and glass, and empty bottles of different kinds and sizes, any wrecked or dilapidated motor vehicle, engine or machinery, and all articles and things discarded or no longer used as a manufactured article composed of or consisting of any one or more of the materials or articles herein mentioned.
"Junk dealer" means every person, firm, partnership or corporation that shall engage in the business of buying, selling, bartering or exchanging, or that shall collect, receive, store or hold in possession for sale, barter or exchange, any of the things in and by this section defined as junk.
"Junkyard" means the premises on which a junk dealer is engaged in the business of buying, selling, bartering, exchanging, or collecting, receiving, storing or holding in possession for sale, barter or exchange, any of the things in and by this section defined as junk.
(Ord. 181, passed 1-16-68).
113.002 Minimum physical requirements.
The minimum physical requirements at all times for each junkyard shall be as follows:
(A) The premises where the junkyard is located shall not have more than two entrances thereto and two exits therefrom, each of which shall not exceed fifteen feet in width at the perimeter of the premises.
(B) The premises where the junkyard is located shall be enclosed on its perimeter with a solid, non-transparent, vertical wall or fence of a minimum height of seven feet measured from ground level, excepting for the entrances and exits permitted by subsection (A) this section.
(C) The aforesaid solid, non-transparent wall or fence, and the gates or doors, if any, at the aforesaid entrances and exits, shall not contain any sign, poster or advertising matter of any kind whatsoever, excepting one sign of the licensee thereon not exceeding one hundred square feet in size.
(D) The public streets and alleys adjacent to the junkyard shall not have junk thereon.
(Ord. 181, passed 1-16-68). Penalty, see Section 113.999
113.003 License required.
It shall be unlawful for any person, firm, partnership or corporation to keep, maintain, conduct or operate a junkyard within the corporate limits of the village without first obtaining a license so to do as herein provided. A separate license shall be secured for each junkyard located on noncontiguous lots, blocks, tracts or parcels of land.
(Ord. 181, passed 1-16-68). Penalty, see Section 113.999
113.004 Application.
Before any license under the provisions of this chapter is issued, any person, firm, partnership or corporation desiring to operate a junkyard in this village shall first make a verified application in writing to the village clerk, stating thereon the full name of the applicant, his residence address, the trade name of the applicant, the legal description of the premises there the junkyard is to be located, the size and approximate location of each entrance thereto and exit therefrom, whether or not the premises where the junkyard is to be located is enclosed on its perimeter with a solid, non-transparent wall or fence of a minimum height of seven feet measured from ground level excepting the entrances and exits, and whether or not the public streets and alleys adjacent to the premises where the junkyard is to be located has junk thereon. If the applicant is a firm or partnership, the names and residence addresses of all the partners, and in case of a corporation the names and residence addresses of the president and secretary, shall be stated in the application.
(Ord. 181, passed 1-16-68).
113.005 Reasons for disqualification.
Any applicant for a license to keep, maintain, conduct or operate a junkyard shall be disqualified for any of the following reasons:
(A) Not a person of good character.
(B) Falsification of an application for a license hereunder.
(C) License for a junkyard theretofore issued to the applicant has been revoked during the preceding twenty-four months.
(D) Failure to meet any one of the minimum physical requirements for a junkyard as specified in Section 113.002 hereof.
(Ord. 181, passed 1-16-68).
113.006 Issuance of license.
(A) Any and all licenses issued hereunder shall state that such license is issued in the name of the junk dealer solely for the purpose of keeping, maintaining, conducting and operating a junkyard, the expiration date thereof, the legal description of the premises where the junkyard is to be located, that such license shall be used and the privileges thereof exercised only at the described premises, and that such license is non-assignable and non-transferable.
(B) Such license shall further provide that it is issued subject to all the provisions of this chapter; that upon the first conviction for a violation of any of the provisions of this chapter, in addition to the fine, such junkyard shall remain closed for a period of thirty days; that upon the second conviction for a violation of any of the provisions of this chapter such license shall become null and void, and the licensee shall forfeit all sums paid for such license, and that the licensee by the acceptance of such license expressly agrees to all the terms and conditions thereof and to the terms and provisions of this chapter, and all amendments thereof.
(Ord. 181, passed 1-16-68).
113.007 License fee and tax.
There is hereby levied and imposed a license fee and tax on all junkyards in the Village of Riverton, in the amount of two thousand five hundred dollars per year. This license fee and tax shall be paid at the time the junkyard operator applies for a license, and shall not in any event be subject to proration for a portion of a year. The license shall expire on April 30th of each year.
(Ord. 181, passed 1-16-68; Ord. 2000-025, passed 7-3-00).
113.008 Minors– Inspection.
(A) No licensee hereunder shall purchase or receive any article whatsoever from any minors without the written consent of their parents or guardians.
(B) Any licensee hereunder shall at all times allow any police officer or patrolman of the village and the public health authorities free access to any and all portions of the junkyard for the purpose of inspection.
(Ord. 181, passed 1-16-68). Penalty, see Section 113.999
113.009 Revocation of license.
The president of the village may revoke the license of any licensee hereunder for violating, failing or refusing to comply with any provisions of this chapter.
(Ord. 181, passed 1-16-68).
113.999 Penalty.
Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not less than twenty-five dollars nor more than two hundred dollars for each offense. Each day's violation shall constitute a separate offense.
(Ord. 181, passed 1-16-68).
Chapter 114 ------------
* Prior ordinance history: Ord. 73-002.
------------
Sections:
114.001 Definitions.
114.002 Permit requirements.
114.003 Drawings, plans and permits.
114.004 Location restrictions.
114.005 Swimming pool fences.
114.006 Electrical requirements.
114.007 Safety precautions.
114.008 Inspection requirements.
114.009 Nonconforming structures.
114.110 Filling of pools.
114.111 Penalty.
114.112 Nuisance declared.
114.001 Definitions.
"Juvenile pool" means a receptacle for water or an artificial pool of water having a depth of less than two feet, intended for the purpose of immersion or partial immersion therein of human beings.
"Private residential swimming pool" means swimming pool maintained by an individual primarily for the sole use of his or her household and guests and not for the purpose of profit or in connection with any business operated for profit.
"Public swimming pool" means a swimming pool maintained by individuals for the use of more than one household, or maintained by a club for the use of its members, or maintained by a business for profit, or maintained by a school, park district, municipality or other public not-for-profit organizations.
"Swimming pool" means a receptacle for water, or an artificial pool of water having a depth at any point of more than two feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment constructed, installed and maintained in or above the ground inside or outside of a building.
(Ord. 98-036, passed 8-17-98).
114.002 Permit requirements.
(A) It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool unless permits shall have been obtained from the village.
(B) It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any public swimming pool within the village unless any required permits shall first have also been obtained from the state.
(C) Juvenile pools shall require no permit.
(Ord. 98-036, passed 8-17-98).
114.003 Drawings, plans and permits.
Each application for a swimming pool permit shall be accompanied by a permit fee of five dollars and by a set of plans or drawings which shall be drawn to scale. All distances and dimensions shall be accurately figured and drawings shall be explicit and complete showing the lot lines, distance from the residence(s), location of the fence and pool walk. The pool, walk and fence construction, electrical system and all relevant appurtenances pertaining to the pool, sufficient to show whether the swimming pool will comply with this Title.
(Ord. 98-036, passed 8-17-98).
114.004 Location restrictions.
(A) Private residential swimming pools shall be permitted in R-1 and R-2 residential zones only. No portion of the pool shall be located less than four feet from a side or rear lot line. Pools and appurtenant equipment shall not be permitted in any front yard.
(B) Public swimming pools shall be permitted in residential and business zones, except that any public swimming pool operated for the purpose of profit or operated in connection with a business operated for profit shall not be operated in a single-family residential zone. No portion of a public swimming pool or its appurtenant equipment shall be located less than fifteen feet from a side or rear lot line. Public swimming pools shall not be located in a front yard.
114.005 Swimming pool fences.
(A) A swimming pool shall be completely enclosed by a fence erected along the periphery of the swimming pool and any immediately adjacent walk, deck or terrace area appurtenant to the swimming pool. The fence shall be at least forty-eight inches in height and shall be designed and constructed to render the swimming pool inaccessible to children under six years of age. All fence openings shall be equipped with gates and all gates shall be equipped with self-closing devices and shall have latches.
(B) A swimming pool shall be exempt from the foregoing fence requirement if:
(1) It is above ground level in whole or in part, and has a walkway or deck area greater than thirty inches in height with integral guards or rails, the top of which is greater than forty-eight inches above ground level, and a means of egress which can be removed and locked while the swimming pool is not in use; or
(2) It is above ground level in whole or in part, and the top of the pool is at least forty-eight inches above ground level in all places.
Persons with such exempt pools ensure that ladders and other means of ingress or egress are kept removed or locked when the swimming pools are not in use.
(Ord. 98-036, passed 8-17-98).
114.006 Electrical requirements.
Where electrical conductors are adjacent to a swimming pool or juvenile pool, they shall have proper insulation and shall be ground fault protected. No overhead electrical wires shall be permitted within fifteen feet a swimming pool.
(Ord. 98-036, passed 8-17-98).
114.007 Safety precautions.
Swimming pools and juvenile pools shall be maintained in a clean, safe and sanitary condition.
(Ord. 98-036, passed 8-17-98).
114.008 Inspection requirements.
The zoning administrator may, upon completion of construction of a pool or upon receipt of information that a pool is nonconforming and with prior notice to the owner, inspect a swimming pool to determine whether it is in compliance with provisions of this chapter.
(Ord. 98-036, passed 8-17-98).
114.009 Nonconforming structures.
Swimming pools erected prior to the effective date hereof, which do not meet the fence, electrical or safety requirements of this chapter shall be made to conform to such requirements within ninety days of the effective date hereof. No swimming pool existing as of the effective date hereof shall be rendered illegal solely because of its violation of location or setback provisions of this chapter.
(Ord. 98-036, passed 8-17-98).
114.110 Filling of pools.
No person shall fill any pool without giving at least thirty-six hours advance notice to the superintendent of public works; this provision will not apply, however, to replacement of water lost by evaporation. Persons failing to give such notice, in addition to any other penalties, shall not be entitled to any waiver of a sewage charge in accordance with water department rules and regulations.
(Ord. 98-036, passed 8-17-98).
114.111 Penalty.
Whoever violates any provision of this chapter shall be fined not less than one hundred dollars nor more than five hundred dollars for each offense. Each day's violation shall be considered a separate offense.
(Ord. 98-036, passed 8-17-98).
114.112 Nuisance declared.
Any swimming pool constructed or maintained in violation of this chapter is hereby declared a nuisance. In addition to any other remedy available to it, the village may bring an appropriate action in a court of proper jurisdiction for an injunction or other order compelling the violator to abate any such nuisance.
(Ord. 98-036, passed 8-17-98).
Chapter 115 Sections:
ARTICLE I. COIN-OPERATED AMUSEMENT DEVICES
115.001 Definitions.
115.002 Devices constituting nuisances prohibited.
115.003 Gambling prohibited.
115.004 Placement or use of unregistered devices.
115.005 Amusement licensing requirements.
115.006 Application and issuance of license.
115.007 License for registered coin-operated amusement devices.
115.008 Duration of license– Fees.
115.009 Revocation of license.
115.010 Rights under license and transferability of license or registration.
115.011 License inspector.
115.012 Violation– Penalty.
115.013 Present operators compliance.
ARTICLE II. CARNIVALS
115.020 Definitions.
115.021 Carnival licensing requirements.
115.022 Application and issuance of license.
115.023 Safety requirements.
115.024 Carnival games.
115.025 Issuance of a license.
115.026 Duration of license– Fees.
115.027 Revocation of license.
115.028 Rights under license and transferability of license or registration.
115.029 License inspectors.
115.030 Violation– Penalty.
ARTICLE III. PEDDLERS AND SOLICITORS
115.040 Definitions.
115.042 Posting of notice regarding solicitation.
115.043 Duty to comply with notices and requests to leave premises.
115.044 Solicitation license required.
115.045 Registration fee– Investigation.
115.046 Duty to carry, exhibit license.
115.047 Revocation of license– Appeals.
115.048 Enforcement.
115.049 Hours of solicitation and exempt activities.
ARTICLE I. 115.001 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(A) "Coin-operated amusement device" means any amusement machine or device which is operated or put into operation in whole or in part by the insertion of a coin, token, or similar object; is operated for amusement or skill only; and does not dispense any form of payoff, prize or reward other than free replays. The term excludes any bona fide vending machine, in which gaming or amusement features are not incorporated, or any gambling device or slot machine. In the case of devices which may be played with or without a coin-operated device, only the attached device which requires a coin to operate it shall be deemed to be a coin-operated amusement device.
(B) "Establishment" means any business enterprise or location open to the general public, or the facilities of an organization or incorporated association or group within the village.
(C) "License inspector" means an agent, officer or employee of the village who inspects coin-operated amusement devices to ascertain whether proper licenses have been procured and posted pursuant to the provisions of this chapter.
(D) "Manager" means the person who has primary responsibility for the on-site operation of an establishment in which coin-operated amusement devices are located.
(E) "Operator" means any person who owns, leases or provides any coin-operated amusement device.
(F) "Person" means any individual; corporation, whether profit or not for profit; partnership; and club or association, whether fraternal or civic.
(Ord. 88-014, passed 11-15-88).
115.002 Devices constituting nuisances prohibited.
No coin-operated amusement device shall be operated so as to constitute a nuisance.
(Ord. 88-014, passed 11-15-88).
115.003 Gambling prohibited.
(A) All managers shall be responsible for preventing the use of any coin-operated amusement device in connection with gambling of any kind.
(B) No gambling activities shall be conducted in any establishment where any coin-operated amusement device is located.
(Ord. 88-014, passed 11-15-88).
115.004 Placement or use of unregistered devices.
No person nor manager shall allow the placement or use of any coin-operated amusement device, in an establishment in the village, unless the device has been registered by the operator pursuant to the provisions of this chapter.
(Ord. 88-014, passed 11-15-88)
115.005 Amusement licensing requirements.
(A) Any operator who places any coin-operated amusement device in any establishment shall obtain a coin-operated amusement device operator's license.
(B) Any person licensed as an operator shall register each coin-operated amusement device placed in any establishment within the village.
(C) No person convicted of conducting any gambling activity shall be issued a coin-operated amusement device operator's license.
(Ord. 88-014, passed 11-15-88).
115.006 Application and issuance of license.
(A) Application for a coin-operated amusement device operator's license shall be filed with, and on the form provided by, the village clerk. The application form shall contain the required information as to each person applying for a license, be sworn to and signed by the applicant. Where the applicant is a corporation, all officers shall sign, indicating their official capacity, and verify the application. Where a partnership is an applicant, all partners shall sign and verify the application.
(B) The application shall be accompanied by a completed registration list which shall list all coin-operated amusement devices placed in any establishment within the village by an operator. This list shall be amended during the licensing period to reflect the registration of additional devices.
(C) The village clerk shall forward all completed application forms to the president of the village board of trustees who shall present it to the board at a regularly scheduled meeting of the village board of trustees.
(D) The board shall be responsible for approving operator licenses. Upon receipt of any application, the board of trustees may approve an operator's license for the applicant, provided that the requirements of this chapter have been met.
(E) In the event that the board does not approve an operator's license, the applicant shall be informed, in writing, of the reason for the board's action and shall be entitled to a rehearing before the village board of trustees at the applicant's request. Upon completion of such hearing, the board of trustees may approve the application, provided that it is determined that the requirements of this chapter have been met.
(F) After a license has been approved, it shall be issued only upon payment of the required fees.
TRAILER COACH PARKS
SOLID WASTE HAULERS*
JUNKYARDS
SWIMMING POOLS*
LICENSING OF VARIOUS ACTIVITIES
COIN-OPERATED AMUSEMENT DEVICES
| Classification | Amount | Period | Expiration |
| Coin-operated amusement device operator | $50.00 | 1 Year | June 30th |
| Coin-operated amusement device (per device) | 25.00 | 1 Year | June 30th |
(C) Both a coin-operated amusement device operator license fee and a coin-operated amusement device registration fee shall be paid pursuant to the following schedule:
| Month License or Registration Issued | Amount of Fee |
| July to December | Full fee |
| January to June | Half fee |
(Ord. 88-014, passed 11-15-88).
115.009 Revocation of license.
(A) The board of trustees may revoke the license of a coin-operated amusement device operator for up to a year or remove or cause to be removed a particular device or devices from the licensed operator's approved registration list for violation of any provisions of this chapter, or of state or federal statutes. In such an event, no refund shall be made of any portion of any such license or registration fee.
(B) On the revocation of the coin-operated amusement device operator's license, all devices of that operator shall be automatically removed from the approved registration list.
(C) Prior to any license revocation or registration removal, the operator shall be afforded a reasonable opportunity to be heard by the board of trustees to rebut the basis for the proposed revocation or removal.
(Ord. 88-014, passed 11-15-88).
115.010 Rights under license and transferability of license or registration.
(A) A coin-operated amusement device operator's license shall entitle the licensee to operate any number of coin-operated amusement devices in the village so long as such devices are properly registered.
(B) The license and registration required and described in this chapter, shall be purely a personal privilege, shall not constitute property and shall not be transferable in any manner.
(Ord. 88-014, passed 11-15-88).
115.011 License inspector.
(A) There shall be a license inspector or license inspectors appointed by and subordinate to the president and board of trustees.
(B) Without limiting the power and duties as prescribed by law and ordinance, any license inspector shall:
(1) Inspect coin-operated amusement devices to ascertain whether they bear evidence of registration as required by this chapter;
(2) Ensure that persons required to have an operator's license are, in fact, licensed.
(Ord. 88-014, passed 11-15-88).
115.012 Violation– Penalty.
Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined not less than one hundred dollars nor more than five hundred dollars. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 88-014, passed 11-15-88).
115.013 Present operators compliance.
Whoever shall be acting as an operator under this chapter shall have thirty days from the date that the ordinance codified in this chapter becomes effective to comply with its provisions before becoming subject to Section 115.012.
(Ord. 88-014, passed 11-15-88).
ARTICLE II. 115.020 Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(A) "Carnival" means an enterprise which offers amusement or entertainment to the public by means of one or more amusement attractions or amusement rides.
(B) "Amusement attraction" means an enclosed building or structure, including electrical equipment which is an integral part of the building structure, through which people walk without the aid of any moving devices, that provides amusement, thrills or excitement at a carnival, except any enclosed building or structure which is subject to the jurisdiction of the building code.
(C) "Amusement ride" means any mechanized device or combination of devices, including electrical equipment which is an integral part of the device or devices, which carries passengers along, around or over a fixed or restricted course for purpose of giving its passengers, amusement, thrills, excitement.
(D) "Carnival games" means any game in which a person purchases a ticket for the privilege of participating and for which prizes are offered for winning.
(E) "Manager" means the person who has primary responsibility for the on-site operation of the carnival.
(F) "Operator" means any person who owns, leases or operates a carnival.
(G) "Person" means any individual; corporation, whether profit or not-for-profit; partnership; and club or association.
(Ord. 88-014, passed 11-15-88).
115.021 Carnival licensing requirements.
(A) Any operator who places a carnival within the city limits of the village shall obtain a "carnival operator's license."
(B) A license may be denied to the following persons:
(1) Any person convicted of a felony;
(2) Any person convicted of a gambling offense, or offense involving fraud, deceit or deceptive practice, whether misdemeanor or felony;
(3) Any person with two or more violations of the Carnival and Amusement Ride Safety Act (Ill. Rev. Stat. Ch. 111- 1/2 Par. 4051) or the rules and regulations promulgated thereunder.
(Ord. 88-014, passed 11-15-88).
115.022 Application and issuance of license.
(A) Application for a carnival operator's license shall be filed with and on the form provided by the village clerk. The application form shall contain the required information as to each person applying for a license, be sworn to, and be signed by the applicant. Where the applicant is a corporation, all officers shall sign, indicating their official capacity, and verify the application. Where a partnership is an applicant, all partners shall sign and verify the application.
(B) The application shall be accompanied by a copy of the permit issued under the Carnival and Amusement Rides Safety Act for each amusement ride and amusement attraction. The applicant will also provide the names, permanent addresses and social security numbers for all owners, managers and concessioners. Traveling carnivals will provide an itinerary listing the locations at which the carnival operated previous to operating in the village and the next two locations at which the carnival shall be located after it leaves the village.
(C) The village clerk shall forward all completed application forms to the president of the village board of trustees who shall present it to the board at a regularly scheduled meeting of the village board of trustees.
(D) The village board of trustees shall be responsible for approving operator licenses. Upon receipt of any application, the board of trustees may approve an operator's license for the applicant, provided the requirements of this article have been met.
(E) In the event that the board does not approve a carnival operator's license, the applicant shall be informed, in writing, of the reason for the board's action and shall be entitled to a rehearing before the village board of trustees at the applicant's request. Upon completion of such a hearing, the board of trustees may approve the application, provided it is determined that the requirements of this article have been met.
(F) After a license has been approved, it shall be issued only upon payment of the required fee.
(Ord. 88-014, passed 11-15-88).
115.023 Safety requirements.
Any carnival operating within the village shall comply with the Carnival and Amusement Rides Safety Act and the rules and regulations promulgated thereunder. Any amusement attraction or amusement ride which has been found to violate the Act or rules promulgated thereunder shall cease operation immediately until the unsafe or hazardous condition is corrected to the satisfaction of the Department of Labor.
(Ord. 88-014, passed 11-15-88).
115.024 Carnival games.
All carnival games must be conducted in an honest manner without any fraud, deceit or trickery. No gambling activity shall be conducted at any location at the carnival site.
(Ord. 88-014, passed 11-15-88).
115.025 Issuance of a license.
(A) The village clerk shall issue the operator's licenses. This license shall indicate the year of issue and time of expiration.
(B) Any licensed operator, upon proof of loss or destruction of a license and payment of a replacement fee to the village clerk, may obtain a new license. The village clerk shall note the destruction of the original license.
(C) The carnival license shall be displayed conspicuously at a location at or near the main entrance to the carnival.
(Ord. 88-014, passed 11-15-88).
115.026 Duration of license– Fees.
(A) A carnival operator's license will be valid for a twelve-month period.
(B) The carnival operator's license fee shall be two hundred fifty dollars per year or any portion of a year.
(Ord. 88-014, passed 11-15-88; Ord. 2000-025, passed 7-3-00).
115.027 Revocation of license.
(A) The board of trustees may revoke the license of a carnival operator. In such an event, no refund shall be made of any portion of such license or registration fee.
(B) On revocation of the carnival operator's license, the carnival shall cease operation in its entirety. Operation of any amusement ride, amusement attraction, carnival game, or concession is prohibited.
(C) Prior to any license revocation, the operator shall be afforded a reasonable opportunity to be heard by the board of trustees to rebut the basis for the proposed revocation.
(D) Cause for revocation shall be the violation of any provision of this article; two or more violations of the Carnival and Amusement Rides Safety Act or the Rules and Regulation promulgated thereunder, or violation of the laws of the state of Illinois or of any other state or federal statutes.
(Ord. 88-014, passed 11-15-88).
115.028 Rights under license and transferability of license or registration.
(A) A carnival operator's license shall entitle the licensee to operate a carnival within the village.
(B) The license required and described in this article shall be a personal privilege, shall not constitute property and shall not be transferable in any manner.
(Ord. 88-014, passed 11-15-88).
115.029 License inspectors.
(A) There shall be a license inspector or inspectors appointed by and subordinate to the president and board of trustees of the village.
(B) Without limiting the power and duties as prescribed by law and ordinances, any license inspector shall:
(1) Ensure that persons required to have a carnival license are, in fact, licensed;
(2) Ensure that all games are operated in an honest manner;
(3) Ensure that all amusement rides and attractions are safe and operated in a safe manner;
(4) Ensure that all provisions of this article are complied with.
(Ord. 88-014, passed 11-15-88).
115.030 Violation– Penalty.
Whoever violates any provision of this article, shall be fined not less than one hundred dollars nor more than five hundred dollars. A separate offense shall be deemed on each day during or on which a violation occurs or continues.
(Ord. 88-014, passed 11-15-88).
ARTICLE III. * Prior ordinance history: Ordinance 88-014.
115.040 Definitions.
As used in this article:
"Solicitation" means the entry on a private property without a prior appointment with the occupant thereof for the purpose of selling, leasing or obtaining orders for the sale or lease of goods or services.
"Solicitor" means a person, firm or corporation engaged in solicitation.
"Exempt activities" means the door-to-door seeking of donations to, or selling goods on behalf of, not-for-profit corporations and organizations; door-to-door dissemination of political, religious, charitable and other noncommercial information; and door-to-door sale or solicitation of newspaper, magazines, and books.
"Chief of police" means the chief of police or other police officer designated by the chief of police to carry out the chief's duties under this chapter.
(Ord. 2000-24, passed 7-3-00).
115.042 Posting of notice regarding solicitation.
(A) Every person desiring to secure protection from solicitation as provided by this chapter shall comply with the directions in this section.
(B) Notice of refusal of invitation to solicitors, to any residence or place of business, may be given in the following manner:
(1) A weatherproof card, not less than three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence or business, and containing the following words: "NO SOLICITORS".
(2) The letters shall be at least one-third inch in height. For the purpose of uniformity, the card shall be provided by the chief of police to persons requesting the card.
(C) Such card so exhibited shall constitute sufficient notice to any solicitor that the solicitor does not have an invitation to solicit at the premises.
(Ord. 2000-24, passed 7-3-00).
115.043 Duty to comply with notices and requests to leave premises.
(A) Any solicitor, whether or not licensed, and other than those engaged in exempt activities, going onto the premises of any residence or business in the village with a notice stating "NO SOLICITORS" shall immediately and peacefully depart from the premises.
(B) Any solicitor, whether or not licensed, and any person engaged in exempt activities, who has gained entrance into any residence or business, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
(Ord. 2000-24, passed 7-3-00).
115.044 Solicitation license required.
It shall be unlawful for any person to engage or attempt to engage in solicitation, other than exempt activities, in the village without having first obtained a license from the chief of police. On an application form provided by the chief of police, the solicitor shall provide his or her identification, including name, address, phone number, and driver's license number; the name of the solicitor's employer, the nature of the products or services involved in the solicitation, the name of the manufacturers of such products or of the organization which the solicitor is representing, and the proposed method of operation in the village. No person shall make any false statement upon any application. The act of signing an application shall constitute consent to a criminal background check by the chief of police.
(Ord. 2000-24, passed 7-3-00).
115.045 Registration fee– Investigation.
(A) Each applicant shall pay to the chief of police a nonrefundable fee in the amount of fifty dollars at the time of application. The chief of police shall turn the funds over to the treasurer for deposit into the general fund of the village.
(B) Upon receipt of the funds and the completed application form, the chief of police shall commence an investigation, including a criminal background check, of the applicant. The chief of police shall complete the investigation and grant or deny the application for license within three business days.
(C) A license applications shall be denied for the following reasons only:
(1) The applicant has been convicted of a misdemeanor in the preceding five years or a felony in the preceding ten years;
(2) The applicant or the business of which the applicant is an agent or representative has been found guilty of or entered into a consent decree with respect to, any violation of the Consumer Fraud and Deceptive Trade Practices Act;
(3) A false statement has been made on the application.
(D) If the license application is granted, the chief of police shall issue a solicitor's license which shall state the name and address of the licensee, the type of business engaged in by the licensee, and the expiration date of the license, which shall be six calendar months from the date of issuance.
(Ord. 2000-24, passed 7-3-00).
115.046 Duty to carry, exhibit license.
Each person shall, at all times while engaged in solicitation in the village other than exempt activities, shall carry upon his or her person the solicitor's license issued pursuant to this article. The license shall be exhibited by the licensee upon the request of any police officer or any person solicited.
(Ord. 2000-24, passed 7-3-00).
115.047 Revocation of license– Appeals.
A license issued pursuant to this article shall be revoked by the chief of police because of any violation by the registrant of this article, or of any other ordinance of the village, or of any state or federal law. A person whose license application is denied, or whose license is revoked may, within five calendar days thereof, appeal the denial or revocation to the village president, who shall within ten days thereafter conduct an informal hearing regarding the denial or revocation and either affirm or reverse the action of the chief of police. A person whose license has been revoked, or whose application has been denied, may not apply for another license for a period of two years from the date of revocation or denial.
(Ord. 2000-24, passed 7-3-00).
115.048 Enforcement.
(A) Any person, firm or corporation who violates any provision of this article shall be liable to a fine of not less than one hundred dollars or more than five hundred dollars. Each provision violated, and each day a violation occurs, is a separate offense.
(B) Corporations and other entities shall be separately liable for violations of this article by their employees and agents. Each violation by each employee and each agent shall be a separate offense for a corporation or other entity employing such employee or agent.
(Ord. 2000-24, passed 7-3-00).
115.049 Hours of solicitation and exempt activities.
No person shall engage in solicitation or in exempt activities within the village other than between the hours of nine a.m. and nine p.m. Monday through Saturday and twelve p.m. and nine p.m. on Sundays.
(Ord. 2000-24, passed 7-3-00).
Chapter 116 Sections:
116.001 Recitals.
116.002 Definitions.
116.003 Registration of telecommunications providers.
116.004 Municipal telecommunications infrastructure maintenance fee.
116.005 Collection and enforcement.
116.006 Compliance with other laws.
116.007 Existing franchises and licenses.
116.008 Penalties.
116.009 Other remedies.
116.010 Severability.
116.011 Conflict.
116.012 Waiver and fee implementation.
116.013 Notice to telecommunications providers which do not have franchise agreements.
116.001 Recitals.
The facts and statements contained in the preamble to the ordinance codified in this chapter are found to be true and correct and are hereby adopted as part of this chapter.
(Ord. 97-031, passed 10-20-97).
116.002 Definitions.
As used in this chapter the following terms shall have the following meanings:
"Gross charges" means the amount paid to a telecommunications retailer for the act or privilege of originating or receiving telecommunications within the village and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services, and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs, or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. Gross charges for private line service shall include charges imposed at each channel point within the village, charges for the channel mileage between each channel point within the village, and charges for that portion of the interstate inter-office channel provided within the village. However, gross charges shall not include:
(1) Any amounts added to a purchaser's bill because of a charge made under (a) the fee imposed by this section, (b) additional charges added to a purchaser's bill under Section 9-221 or 9-222 of the Public Utilities Act, (c) amounts collected under Section 8-11-17 of the Illinois Municipal Code, (d) the tax imposed by the Telecommunications Excise Tax Act, (e) 911 surcharges, or (f) the tax imposed by Section 4251 of the Internal Revenue Code;
(2) Charges for a sent collect telecommunication received outside the village;
(3) Charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment, or accounting equipment and also includes the usage of computers under a time-sharing agreement;
(4) Charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges;
(5) Charges to business enterprises certified under Section 9-222.1 of the Public Utilities Act to the extent of such exemption and during the period of time specified by the village;
(6) Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit other than a regulatory required profit for the corporation rendering such services;
(7) Bad debts ("bad debt" means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made);
(8) Charges paid by inserting coins in coin-operated telecommunications devices; or
(9) Charges for telecommunications and all services and equipment provided to the village.
"Public right-of-way" means any municipal street, alley, water, electric or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the village has acquired the right and authority to locate or permit the location of utilities consistent with telecommunications facilities. Public right-of-way shall not include any real or personal village property that is not specifically described in the previous sentence and shall not include village buildings, towers and other structures or improvements, regardless of whether they are situated in the public right-of-way.
"Retailer maintaining a place of business in this state" means and includes any retailer having or maintaining within the State of Illinois, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse, or other place of business, or any agent or other representative operating within this state under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this state.
"Sale of telecommunications at retail" means the transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
"Service address" means the location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received. If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, air-to-ground systems, and the like, "service address" shall mean the location of the customer's primary use of the telecommunications equipment as defined by the location in Illinois where bills are sent.
"Telecommunications" means and includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, private line services, specialized mobile radio services, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. Unless the context clearly requires otherwise, telecommunications shall also include wireless telecommunications as hereinafter defined. Telecommunications shall not include value-added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. Telecommunications shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications. Retailer access charges, right-of-access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale. Telecommunications shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the Rules of the Federal Communications Commission (47 CFR. 76.1550 and following) as now or hereafter amended.
"Telecommunications provider" means (1) any telecommunications retailer; and (2) any person that is not a telecommunications retailer that installs, owns, operates or controls equipment in the public right-of-way that is used or designed to be used to transmit telecommunications in any form.
"Telecommunications retailer" or "retailer" or "carrier" means and includes every person engaged in the business of making sales of telecommunications at retail as defined in this section. The village may, in its discretion, upon application, authorize the collection of the fee hereby imposed by any retailer not maintaining a place of business within this state, who, to the satisfaction of the village, furnishes adequate security to ensure collection and payment of the fee. When so authorized, it shall be the duty of such retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within the village.
"Wireless telecommunications" means and includes cellular mobile telephone services, personal wireless services as defined in Section 704(C) of the Telecommunications Act of 1996 (Public Law No. 104-104), 42 U.S.C. Section 332(c)(7), as now or hereafter amended, including all commercial mobile radio services, and paging services.
(Ord. 97-031, passed 10-20-97).
116.003 Registration of telecommunications providers.
(A) Every telecommunications provider as defined by this chapter shall register with the village on or before January 15, 1998 or upon becoming a telecommunications provider, whichever is later, on a form set forth in Exhibit A attached to the ordinance codified in this chapter and on file in the office of the village clerk.
(B) Every telecommunications provider who has registered with the village pursuant to subsection (A) of this section has an affirmative duty to submit an amended registration form to the village within thirty days from the date of the occurrence of any changes in the information provided by the telecommunications provider in the registration form.
(Ord. 97-031, passed 10-20-97).
116.004 Municipal telecommunications infrastructure maintenance fee.
(A) A village telecommunications infrastructure maintenance fee is imposed upon all telecommunications retailers in the amount of one percent all gross charges charged by the telecommunications retailer to service addresses within the village for telecommunications originating or received in the village on and after February 1, 1998.
(B) On and after February 1, 1998, the village infrastructure maintenance fee authorized hereunder shall be the only fee or compensation for the use of all public rights-of-way within the village by telecommunications retailers. Imposition of the infrastructure maintenance fee provided under this chapter does not, however, serve as a limitation on the levying of any taxes or imposition of any fees otherwise authorized by law.
(C) The village telecommunications infrastructure maintenance fee authorized by this section shall be collected, enforced, and administered as set forth in Section 116.005 of this chapter.
(Ord. 97-031, passed 10-20-97).
116.005 Collection and enforcement.
(A) A telecommunications retailer shall charge to and collect from each customer an additional charge in an amount equal to the village infrastructure maintenance fee attributable to that customer's service address.
(B) Unless otherwise approved by the village administrator the infrastructure maintenance fee shall be remitted by the telecommunications retailer to the village not later than the last day of the month subsequent to the month in which a bill is issued to the customer; provided, however, that the telecommunications retailer may retain an amount not to exceed two percent of the village infrastructure maintenance fee collected by it to reimburse itself for expenses incurred in accounting for and remitting the fee.
(C) Remittance of the municipal infrastructure fee to the village shall be accompanied by a return, in a form exemplified by Exhibit B attached to the ordinance codified in this chapter and on file in the office of the village clerk.
(D) Any infrastructure maintenance fee required to be collected pursuant to this chapter and any such infrastructure maintenance fee collected by such telecommunications retailer shall constitute a debt owed by the telecommunications retailer to the village. The charge imposed under subsection (A) of this section by the telecommunications retailer pursuant to this chapter shall constitute a debt of the purchaser to the telecommunications retailer who provides such services until paid and, if unpaid, is recoverable at law in the same manner as the original charge for such services.
(E) If it shall appear that an amount of infrastructure maintenance fee has been paid that was not due under the provisions of this chapter, whether as a result of a mistake of fact or an error of law, then such amount shall be credited against any infrastructure maintenance fee due, or to become due, under this chapter, from the telecommunications retailer who made the erroneous payment; provided, however, the village administrator may request, and telecommunications retailer shall provide, written substantiation for such credit. However, no claim for such credit may be made more than three years after the date of the erroneous payment, unless (1) the credit is used only to offset a claim of underpayment made by the village within the applicable statutory period of limitations, and (2) the credit derives from an overpayment made by the same telecommunications retailer during the applicable statutory period of limitations.
(F) Amounts paid under this chapter by telecommunications retailers shall not be included in the tax base under any of the following acts as described immediately below:
(1) "Gross charges" for purposes of the Telecommunications Excise Tax Act;
(2) "Gross receipts" for purposes of the municipal utility tax as prescribed in Section 8-11-2 of the Illinois Municipal Code;
(3) "Gross charges" for purposes of the municipal telecommunications tax as prescribed in Section 8-11-17 of the Illinois Municipal Code;
(4) "Gross revenue" for purposes of the tax on annual gross revenue of public utilities prescribed in Section 2-202 of the Public Utilities Act.
(G) The village shall have the right, in its discretion, to audit the books and records of all telecommunications retailers subject to this chapter to determine whether the telecommunications retailer has properly accounted to the village for the village infrastructure maintenance fee. Any underpayment of the amount of the village infra-structure maintenance fee due to the village by the telecommunications retailer shall be paid to the village plus five percent of the total amount of the underpayment determined in an audit, plus any costs incurred by the village in conducting the audit, in an amount not to exceed five percent of the total amount of the underpayment determined in an audit. Said sum shall be paid to the village within twenty-one days after the date of issuance of an invoice for same.
(H) The village administrator, or his or her designee, may promulgate such further or additional regulations concerning the administration and enforcement of this chapter, consistent with its provisions, as may be required from time to time and shall notify all telecommunications retailers that are registered pursuant to this chapter of such regulations.
(Ord. 97-031, passed 10-20-97).
116.006 Compliance with other laws.
Nothing in this chapter shall excuse any person or entity from obligations imposed under any law, including but not limited to:
(A) Generally applicable taxes; and
(B) Standards for construction on, over, under, or within, use of or repair of the public rights-of-way, including standards relating to freestanding towers and other structures upon the public rights-of-way, as provided; and
(C) Any liability imposed for the failure to comply with such generally applicable taxes or standards governing construction on, over, under, or within, use of or repair of the public rights-of-way; and
(D) Compliance with any ordinance or provision of this code concerning uses or structures not located on, over, or within the right-of-way.
(Ord. 97-031, passed 10-20-97).
116.007 Existing franchises and licenses.
Any franchise, license, or similar agreements between telecommunications retailers and the village entered into before the effective date of the ordinance codified in this chapter regarding the use of public rights-of-way shall remain valid according to and for their stated terms except for any fees, charges or other compensation to the extent waived.
(Ord. 97-031, passed 10-20-97).
116.008 Penalties.
Any telecommunications provider who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be subject to fine of five hundred dollars. Each month a return is not filed shall constitute a separate offense.
(Ord. 97-031, passed 10-20-97).
116.009 Other remedies.
Nothing in this chapter shall be construed as limiting any additional or further remedies that the village may have for enforcement of this chapter. In addition to any penalty, the village may seek all other remedies available at law or in equity, including collection of taxes due together with interest at the general rate of prejudgment interest allowed by law, and injunctions to restrain further violations of this chapter.
(Ord. 97-031, passed 10-20-97).
116.010 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 97-031, passed 10-20-97).
116.011 Conflict.
This chapter supersedes all ordinances or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict.
(Ord. 97-031, passed 10-20-97).
116.012 Waiver and fee implementation.
(A) The village hereby waives all fees, charges, and other compensation that may accrue, after the effective date of the waiver, to the village by a telecommunications retailer pursuant to any existing village franchise, license, or similar agreement with a telecommunications retailer during the time the village imposes the telecommunications infrastructure maintenance fee. This waiver shall only be effective during the time the infrastructure maintenance fee provided for in this chapter is subject to being lawfully imposed on the telecommunications retailer and collected by the telecommunications retailer from the customer.
(B) On or before October 31, 1997, the village clerk shall send a notice of the waiver in the form exemplified by Exhibit C, attached to the ordinance codified in this chapter and on file in the office of the village clerk, by certified mail/return receipt requested to each telecommunications retailer with whom the village has a franchise.
(C) The village infrastructure maintenance fee provided for in this chapter shall become effective and imposed on February 1, 1998, so long as the village has, by October 31, 1997, mailed to each telecommunications retailer with whom the village has an existing franchise, license, or similar agreement that the village waives all compensation under such existing franchise, license, or similar agreement during such time as the fee is subject to being lawfully imposed and collected by the retailer and remitted to the village. The infrastructure maintenance fee shall apply to gross charges billed on or after the effective date as established in the preceding sentence.
(Ord. 97-031, passed 10-20-97).
116.013 Notice to telecommunications providers which do not have franchise agreements.
As soon as practicable, the village clerk shall mail to all telecommunications providers known to be operating within the village and which do not have franchise agreements, a notice of imposition of the telecommunications infrastructure maintenance fee, in substantially the form exemplified by Exhibit D attached to the ordinance codified in this chapter and on file in the office of the village clerk. Whenever the clerk becomes aware of an additional telecommunications provider operating within the village, he or she shall send such a notice. Failure to send such a notice, however, shall not effect the validity of the fee to be assessed against the telecommunications provider.
(Ord. 97-031, passed 10-20-97).
Chapter 117 Sections:
117.001 Definitions.
117.002 License required.
117.003 Processing of application.
117.004 Reasons for rejection of license application.
117.005 License fee.
117.006 Nontransferability of license.
117.007 Prohibited sales.
117.008 Minimum age to sell tobacco products.
117.009 Vending machines.
117.010 Vending machines– Certain premises.
117.011 Vendor-assisted sales.
117.012 Responsibility for agents and employees.
117.013 Inspection.
117.014 Administration.
117.015 Complaints.
117.016 Hearings.
117.001 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
"Compliance check" means an inspection conducted with the intention of assessing retail sales of tobacco products to minors and enforcing age-of-sales laws. Compliance checks are conducted by having designated persons under the age of eighteen years of age attempt to purchase tobacco products from vendors.
"License" means a license issued by the village for the retail sale of tobacco products.
"Licensee" means the holder of a valid license for the retail sale of tobacco products.
"Minor" means any person under the age of eighteen years of age.
"Public place" means an area to which the public is invited or in which the public is permitted, including but not limited to any right-of-way, mall or shopping center, park, playground, and any other property owned by the village, any school district, library district, or any park district.
"Self-service displays" means open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without intervention of a store employee.
"Tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
"Vending machine" means any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any form of payment, dispenses tobacco products.
(Ord. 2008-018, passed 6-2-08)
117.002 License required.
It shall be unlawful to sell or offer for sale at retail tobacco products or to have or permit a vending machine from which tobacco is sold or offered for sale on any premises within the village, without having first obtained a valid tobacco retailer's license from the village for each location in which tobacco products are sold. Licenses shall be nonrefundable and shall be issued on July 1st and shall be valid through the following June 30th.
If at the time application is made for a license required by this chapter, less than six months of the current license year shall have expired, the full fee shall be charged. If more than six months of such current year shall have expired, a license fee of one-half of the full fee shall be charged for such portion of the current license year that shall remain unexpired.
(Ord. 2008-018, passed 6-2-08)
117.003 Processing of application.
The application shall be on a form designed by the tobacco official. The tobacco official shall receive the application, review it for completeness, and in his or her discretion, refer it to the chief of police for a background check and physical inspection of the applicant's premises. If the tobacco official refers the application to the chief of police, the chief shall render a report to the tobacco official within five working days. The tobacco official shall grant or reject a license application within ten working days.
By applying for a license, an applicant consents to the police department performing a background check, and the background check may extend to all officers, directors and persons with more than a five percent ownership interest. The applicant also consents to the police department making a physical inspection of the premises upon which the applicant intends to sell tobacco products.
(Ord. 2008-018, passed 6-2-08)
117.004 Reasons for rejection of license application.
No person shall be entitled to a license who:
(A) Has in the preceding ten years been convicted of a felony or a misdemeanor involving dishonesty or the possession or use of controlled substances, or the violation of state law pertaining to the sale of tobacco products;
(B) Has had a tobacco sales license issued by the village or any other municipality revoked during the preceding two years;
(C) If a corporation, limited liability company or partnership, has an officer, director or person with more than a five percent ownership interest who would not qualify for a license;
(D) If operating or allowing the operation of a vending machine, does not comply with Section 117.009.
(Ord. 2008-018, passed 6-2-08)
117.005 License fee.
The fee for a one-year tobacco retailer's license is ten dollars for each tobacco retail location.
(Ord. 2008-018, passed 6-2-08)
117.006 Nontransferability of license.
A tobacco retail license is nontransferable, but a new license will be issued to a tobacco retailer who changes location without payment of an additional license fee.
(Ord. 2008-018, passed 6-2-08)
117.007 Prohibited sales.
It shall be unlawful for any licensee, or any employee, owner, officer, director or agent of a licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen years.
(Ord. 2008-018, passed 6-2-08)
117.008 Minimum age to sell tobacco products.
It shall be unlawful for any licensee or officer, member, representative, agent or employee of such licensee to engage, employ or permit any person under eighteen years of age to sell tobacco products on any vendor's premises.
(Ord. 2008-018, passed 6-2-08)
117.009 Vending machines.
(A) It shall be unlawful for any licensee to sell or offer for sale, or permit the sale of tobacco products by others by use of a vending machine on premises owned or controlled by the licensee, unless such vending machine is:
(1) Equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of eighteen years; or
(2) Located in a manner that will allow it to be easily and readily observed by the licensee or the licensee's employees or agents during all business hours.
(Ord. 2008-018, passed 6-2-08)
117.010 Vending machines– Certain premises.
Any premises where access by persons under the age of eighteen years is prohibited by law, or premises where the public is generally not permitted and where the only manner of distribution is through vending machines that are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of Section 117.008 and the license requirements of this chapter.
(Ord. 2008-018, passed 6-2-08)
117.011 Vendor-assisted sales.
It shall be unlawful for any licensee, person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any other means other than vendor-assisted sales except as provided in Sections 117.009 and 117.010.
(Ord. 2008-018, passed 6-2-08)
117.012 Responsibility for agents and employees.
Every act or omission of any nature constituting a violation of any provision of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.
(Ord. 2008-018, passed 6-2-08)
117.013 Inspection.
It shall be the duty of the chief of police, or his or her designees, and they are hereby authorized and empowered to conduct random, unannounced inspections of all places wherein such tobacco products are licensed to be sold, for the purpose of ascertaining whether the laws of the state and of the village in relation to the same, are being complied with at such place. The chief of police is empowered to make compliance checks on licensees, and to that end, to utilize persons under the age of eighteen to attempt to purchase tobacco products from licensees.
(Ord. 2008-018, passed 6-2-08)
117.014 Administration.
There is hereby created the office of tobacco official, who shall be an officer of the village appointed by the village president with the advice and consent of the village board and may be a village employee. The tobacco official shall have a salary of thirty-five dollars per hearing, and his or her compensation may not be reduced during a term of office. The tobacco official shall have a term beginning on June 1st of each year and ending on May 31st of the succeeding year, or until his or her successor has been appointed and has qualified.
The tobacco official's duties shall include the following:
(A) To review license application forms and grant or deny licenses.
(B) To pay over to the village treasurer any license fees and fines received by the tobacco official;
(C) To conduct hearings on charges of violations of this chapter in accordance with Section 117.014;
(D) To impose penalties for violations in accordance with Section 117.015.
(Ord. 2008-018, passed 6-2-08)
117.015 Complaints.
Whenever a police officer becomes aware of a violation of this chapter, the officer may initiate a complaint against the licensee with the tobacco official.
CARNIVALS
PEDDLERS AND SOLICITORS*
TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE
REGULATION OF TOBACCO SELLERS