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CHAPT= ER 7

 

BUSINESS CODE

 

ARTICLE I - ADMINISTRATION

 

 

   &n= bsp;      7-1-1        &= nbsp; APPLICATIONS.

        &= nbsp; (A)        &= nbsp;      Applications for all licenses and permits required by this Chapter shall be made in writ= ing to the Village Clerk in the absence of provision to the contrary.

        &= nbsp; (B)        &= nbsp;      Each application shall contain:

        &= nbsp;           &nbs= p;        (1)     the name of the applicant;

        &= nbsp;           &nbs= p;        (2)     the permit or lic= ense desired;

        &= nbsp;           &nbs= p;        (3)     the location to be used, if any;

        &= nbsp;           &nbs= p;        (4)     Zoning district, = if any;

        &= nbsp;           &nbs= p;        (5)     the time covered;= and

        &= nbsp;           &nbs= p;        (6)     the fee to be pai= d.

        &= nbsp; (C)        &= nbsp;      Each application shall also contain the number the Certificates of Registration required under the Retailer’s Occupation Tax Act, Service Occupation = Tax Act, and/or Use Tax Act, if applicable.&nb= sp; Each application shall contain such additional information as may be needed for the proper guidance of the municipal officials in the issuing of= the license or permit applied for.

 

 

   &n= bsp;      7-1-2        &= nbsp; PERSONS SUBJECT TO LICENSE.  Whenever a license or permit is required in this Code or in any municipal ordinance for the maintenance, operation, or conduct of any busin= ess or establishment, or for doing business or engaging in any activity or occupation, any person, firm, or corporation shall be subject to the requirement if by himself or itself, or through an agent, employee or partn= er, he or it is held forth as being engaged in the business, activity or occupation, or if he or it solicits patronage therefor actively or passivel= y; or if he or it performs or attempts to perform any part of such business, activity or occupation in this Municipality.

 

 

   &n= bsp;      7-1-3        &= nbsp; FORM OF LICENSE.  Every license shall be signed by t= he Mayor and attested by the Clerk under the corporate seal, and no license sh= all be valid until signed and countersigned as aforesaid, nor shall any person = be deemed to be licensed until the same shall have been issued to him in due f= orm.

 

 

        &= nbsp; 7-1-4        &= nbsp; INVESTIGATIONS.=

        &= nbsp; (A)        &= nbsp;      Upon the receipt of an application for a license or permit, where an investigati= on or inspection is required by ordinance before the issuance of such permit or license, or where an inspection or investigation shall be deemed reasonably necessary or appropriate, the Clerk, within forty-eight (48) hours shall refer the
application to the appropriate official(s) for the making of such investiga= tion or inspection,

        &= nbsp; (B)        &= nbsp;      The official(s) to whom the application has been referred shall make a report thereon, favorable or otherwise within ten (10) days after receiving such application or a copy thereof.<= /o:p>

        &= nbsp; (C)        &= nbsp;      The Chief of Police or the County Health Department shall make or cause to be m= ade an inspection regarding such permits and licenses as relate to the care and handling of food, the prevention of nuisances and the spread of disease, and the protection of health. [If a Zo= ning Code is in effect, the Zoning Administrator shall make or cause to be made = any inspections which relate to co= mpliance with the Zoning Code and other related regulations.] All other investigations, except where otherwise provided, shall be made by the Chief= of Police or by some other officer designated by the Mayor.<= /p>

        &= nbsp; (D)        &= nbsp;      Upon receipt of all related investigative reports, the Clerk shall forward such reports, together with the application, to the Mayor for evaluation and determination.

        &= nbsp; (E)        &= nbsp;      If it shall appear to the Mayor that the matters and circumstances relating to= an application require further information before a proper determination can be made, such application shall be returned to the Clerk for the inclusion of = such additional information as may be specified necessary and appropriate.<= /o:p>

        &= nbsp; (F)        &= nbsp;      If, after due consideration of the information contained with the application a= nd the related investigative reports, the Mayor shall determine that the matte= rs concerning the application are unsatisfactory, he may disapprove such application, indicating the reasons therefor.  Thereupon, the Clerk shall be dire= cted to promptly notify the applicant that his application is disapproved and th= at no license or permit will be issued.

        &= nbsp; (G)        &= nbsp;      If, after due consideration of the information contained within the application= and the related investigative reports, the Mayor shall determine that the application is satisfactory, he shall approve the application.  Thereupon, the Clerk shall be dire= cted to promptly notify the applicant that his application is approved and the license or permit may be issued.

 

 

   &n= bsp;      7-1-5        &= nbsp; FEES.  In the absence of provision to= the contrary, all fees and charges for licenses or permits shall be paid in adv= ance at the time application therefor is made to the Clerk in the amounts prescr= ibed by the corporate authorities.  When an applicant has not engaged in the business or activity until after the expiration of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which= the business or activity has been or will be conducted.  Except as otherwise provided, all license and permit fees shall become a part of the corporate fund.  In no event shall any rebate or re= fund be made of any license or permit fee, or part thereof, by reason of death or departure of the licensee or permittee; nor shall any rebate or refund be m= ade by reason of non-use of the license or discontinuance of the operation or conduct of the licensed establishment, business or activity.


          7-1-6        &= nbsp; TERMINATION OF LICENSES.  All annual licenses shall be operative and the license year for this Municipality shall commence on May 1st of each year a= nd shall terminate on April 30th= of the following year, where no provision to the contrary is made.

        &= nbsp; The Clerk shall notify all licensees of this Municipality of the time of expira= tion of the license held by the licensee (if an annual), three (3) weeks prior to the date of such expiration.  Provided, however, that a failure = to make such notification or the failure of the licensee to receive it shall n= ot excuse the licensee from the obligation to obtain a new licensee or a renew= al thereof, nor shall it be a defense in an action based upon operation withou= t a license.

 

 

   &n= bsp;      7-1-7        &= nbsp; BUILDING AND PREMISES.  No license shall be issued for the conduct of any business, and no permit shall be issued for any purpose or activity, if the premises and building to be used for the purpose do not fu= lly comply with all applicable ordinances and regulations of this Municipality = and the State of Illinois.  No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of this Code and/or other applicable regulations of this Municipality. (See Chapter 40 - Zoning Code)

 

 

   &n= bsp;      7-1-8        &= nbsp; CHANGE OF LOCATION.  The location of = any licensed business or occupation, or the location of any permitted act may be changed, provided that ten (10) da= ys notice thereof is given to the Clerk, in the absence of any provision to the contr= ary; provided further, however, that all applicable ordinances and regulations of this Municipality shall be complied with. (See Chapter 40 - Zoning Code)

 

 

   &n= bsp;      7-1-9        &= nbsp; LOCATION. No license for t= he operation of a business or establishment in this Municipality shall be construed to permit the operation of a licensed business or establishment in more than one (1) location in = this Municipality; a separate license shall be required for each location of a licensed establishment.  For t= he purpose of this Code, the existence of a single location shall be evidenced= by the fact that all buildings containing the principal or accessory uses shal= l be connected or shall be located on the same lot or parcel; shall be operated = and managed by the same person or owner; and shall be an establishment with the same classification.

 

 

        &= nbsp; 7-1-10        NUISANCES PROHIBITED.

 

 

   &n= bsp;      7-1-10.1     GENERALLY.=   No business or establishment, whet= her licensed or not, shall be so conducted or operated as to constitute a nuisa= nce in fact, and no building, vehi= cle or structure, yard, lot, premises or part thereof shall be used, kept,
maintained, or operated in connection with any business or establishment so= as to occasion any nuisance or so as to be dangerous to life or detrimental to health.

        &= nbsp; [ED.  NOTE: The County Health Department should be consulted.]

 

 

   &n= bsp;      7-1-10.2     UNSAFE OR UNHEALTHFUL BUSINESS.

        &= nbsp; (A)        &= nbsp;      No building or structure utilized, constructed or maintained in connection with any business or occupation shall evidence an unsanitary, unsafe or dangerous condition.

        &= nbsp; (B)        &= nbsp;      No substance, matter or thing of any kind whatsoever, which would be dangerous= or detrimental to health, shall be allowed to exist in connection with any business or occupation, or be used in any work or labor performed in this Municipality.

 

 

        &= nbsp; 7-1-10.3     REFUSE DISPOSA= L.

        &= nbsp; (A)        &= nbsp;      Refuse Containers.  The standard refuse container required by this Code shall be a receptacle of not less than twenty (20), nor more than thirty-two (32) gallons capacity, constructed of impervious material and sturdy construction with a tight-fitting cover, = and equipped with handles properly placed to facilitate handling.

        &= nbsp; (B)        &= nbsp;      Duty-to Provide Refuse Containers.=   The occupant of every building, structure or premises used or maintained in connection with any business or occupation shall provide and maintain in good condition and repair a suffic= ient number of refuse containers for the temporary storage of all refuse accumulating between collections.

        &= nbsp; All refuse which is placed for collection service outside any building or struc= ture must be kept in standard refuse containers.

        &= nbsp; (C)        &= nbsp;      Refuse Removal. It shall b= e the duty of the occupant of every building, structure or premises used or maintained in connection with any business or occupation to cause to be removed, at his own cost and expense, at least once each week, all refuse p= roduced therein.

        &= nbsp; (D)        &= nbsp;      Removal of Restaurant Garbage.=   Every person owning or control= ling any hotel, restaurant, cafe, or retail food establishment where more than thirty-two (32) gallons of refuse= , is normally produced weekly shall cause all garbage to be placed in sanitary refuse containers and shall cause all substances deposited in such containe= rs to be removed daily from his premises and to be disposed of at his own expe= nse.

 

 

        &= nbsp; 7-1-11        WO= RKING CONDITIONS.


          7-1-11.1     HEALTH REQUIREMENTS.  No owner, lessee, manager, or superintendent of any store, factory, workshop or other place where persons= are employed shall cause or permit such place or any room or part thereof to be overcrowded or inadequate or faulty in respect to light, ventilation, heat = or cleanliness.

 

 

        &= nbsp; 7-1-11.2     SA= NITATION.  All such places of employment = shall be kept in a clean condition, free from effluvia of a sewer, drain, privy, stable or other nuisance(s); also as far as practicable, such premises shal= l be free from all gases, vapors, dust, or other impurities generated by manufacturing processes or otherwise which are injurious to health.  Sufficient washroom facilities for= male and female employees shall be provided and such facilities shall be properly ventilated.

 

 

        &= nbsp; 7-1-11.3     HEAT REQUIRED<= /u>.

        &= nbsp; (A)        &= nbsp;      It shall be the duty of every person owning or controlling the heating plant w= hich furnishes heat to any factory or workshop to maintain a temperature within = such factory or workshop of not less than sixty-two degrees Fahrenheit (62ºF.) without such undue restrictio= n of ventilation as to interfere with proper sanitary conditions therein; provid= ed, however, that this requirement shall not apply to any factory or workshop w= here the business conducted therein is of such a nature that a higher or lower temperature than sixty-two degrees Fahrenheit (62ºF.) is necessary or expedient for the work or manufacturing processes of such business.

        &= nbsp; (B)        &= nbsp;      It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any office, st= ore, or other place of employment to maintain a temperature therein of not less = than sixty-two degrees Fahrenheit (62ºF.), without such undue restriction of ventilation as to inter= fere with proper sanitary conditions therein between the hours of 8:00 A.M. and 6:00 P.M. from October = 1st of each year until June 1st of the succeeding year [Sundays and legal holidays excepted].

 

 

   &n= bsp;      7-1-11.4     INSPECTION= .  The Mayor or the Chief of Police s= hall visit or cause to be visited all places of employment in this Municipality = as often as they shall deem necessary to assure compliance with the provisions= of this Section, and to have such arrangements made as may be deemed necessary= for the health and safety of the employees.

 

 

        &= nbsp; 7-1-12        INSPECTIONS.

        &= nbsp; (A)        &= nbsp;      Whenever inspections of the premises for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance or are reasonably necessary to assure compliance with the provisions of any ordinance or regulation of this Municipality, or to detect violations there= of, it shall be the duty of
the licensee or the person in charge of the premises to admit thereto, for = the purpose of making the inspection, any officer or employee of this Municipal= ity who is duly authorized to make such inspection at any reasonable time that = such admission or entry is requested.

        &= nbsp; (B)        &= nbsp;      Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of any ordinance or regulation, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to give to any duly authorized officer or employee of this Municipality requesting the same, sufficient samples of such material = or commodity for such analysis upon official request.

        &= nbsp; (C)        &= nbsp;      In addition to any other penalty which may be provided, the Mayor may revoke t= he license of any owner or operator of a licensed business in this Municipality who refuses to permit any duly authorized officer or employee to make such inspection or to take adequate sample(s) of said commodity, or who interfer= es with such officer or employee while in the performance of his duties; provi= ded, however, that no license shall be subject to revocation for such cause unle= ss such officer or employee has been refused permission to enter upon the prem= ises in the name of this Municipality after having first presented a warrant authorizing such entry.

 

 

        &= nbsp; 7-1-13        SUSPENSION, REVOCATION OF LICENSE = OR PERMIT.

 

 

        &= nbsp; 7-1-13.1     NUISANCE.  When the conduct or operation = of any business or establishment, whether or not licensed, shall constitute a nuis= ance in fact and a clear and present danger to the public health, safety or gene= ral welfare, the Mayor shall be authorized to summarily order the cessation of = business, the closing of the premises, and the suspension of any license or permit fo= r a period not to exceed ten (10) days= .

 

 

   &n= bsp;      7-1-13.2     HEARING. Within eight (8) days after he= has so acted, the Mayor shall call a hearing for the purpose of determining whe= ther or not the license or permit should be revoked.

 

 

        &= nbsp; 7-1-13.3     REVOCATION.  Licenses and permits issued in this Municipality, unless otherwise provided, may be revoked by the Mayor after notice and hearing as provided in = Subsections 7-1-13.4 and 7-1-13.5 of t= his Section for any of the followi= ng causes:

        &= nbsp; (A)        &= nbsp;      Any fraud, misrepresentation or false statement contained in the application for the license or permit;

        &= nbsp; (B)        &= nbsp;      Any violation by the licensee or permittee of Code provisions relating to the license or permit, the subject matter of the license or permit, or the prem= ises occupied;


          (C)        &= nbsp;      Conviction of the licensee or permittee of any felony or of a misdemeanor involving mo= ral turpitude;

        &= nbsp; (D)        &= nbsp;      Failure of the licensee or permittee to pay any fine or penalty owed to this Municipality;

        &= nbsp; (E)        &= nbsp;      Refusal to permit an inspection or sampling, or any interference with a duly author= ized officer or employee in the performance of his duties in making such inspections, as provided in Section 7-1-12.

        &= nbsp; Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable Code regulat= ions of this Municipality.

 

 

   &n= bsp;      7-1-13.4     HEARING NOTICE= .  Notice of the hearing for revocati= on of a license or permit shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing.  Such notice shall be sent by certi= fied mail [return receipt requested] to the licensee or permittee at his last kn= own address at least five (5) days prior to the date set for the hearing.

 

 

   &n= bsp;      7-1-13.5     COUNSEL.  At the hearing, the attorney for t= he Municipality shall present the complaint and shall represent the Municipality.  The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses.  The Mayor shall preside and shall render the decision.

 

 

   &n= bsp;        7-1-14        APPEAL.  Any person aggrieved by the decisi= on of the Mayor regarding the denial of an application for a business license as provided in Section 7-1-4 or in connection with the revocation of a license or permit as provided in Sectio= n 7-1-13 shall have the right to ap= peal to the Village Board.  Such ap= peal shall be taken by filing with the Clerk, within ten (10) days after notice of a denial of an application or a revocation of a license or permit, a written statement under oath setting f= orth specifically the grounds for appeal.  The Mayor shall thereupon set the time and place for a hearing on su= ch appeal and notice of such hearing shall be given to the applicant or licens= ee or permittee in the same manner as provided in Section 7-1-13 hereof.  The decision of the Village Board on such appeal shall be final.

 

 

   &n= bsp;        7-1-15        LICENSE TO BE POSTED.  It shall be the duty of every pers= on conducting a licensed business in this Municipality to keep his license pos= ted in a prominent place on the premises used for such business at all times.

 

 

   &n= bsp;        7-1-16        BUSINESS VEHICLE STICKER.  Whenever the number of vehicle= s used is the basis in whole or in pa= rt for a license fee, the Clerk shall furnish the licensee with a tag or sticker f= or each vehicle covered by the license and such tag or sticker shall be posted= or affixed in a conspicuous place on each business vehicle.<= /p>

ARTICLE II - SOLICITORS

 

 

   &n= bsp;      7-2-1        &= nbsp; DEFINITIONS. For the purpo= se of this Chapter, the following words as used herein shall be construed to have= the meanings herein ascribed thereto, to-wit:

 

“REGISTERED SOLICITOR” shall m= ean and include any person who has obtained a valid Certificate of Registration as hereinafter provided, and which certificate is in the possession of the solicitor on his or her person while engaged in soliciting.

 

“RESIDENCE” shall m= ean and include every separate living unit occupied for residential purposes by= one (1) or more persons, contained within any type of building or structure.

 

“SOLICITING” shall m= ean and include any one (1) or mor= e of the following activities:

        &= nbsp; (A)        &= nbsp;      Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatsoever, for any kind of consideration whatsoever or;

        &= nbsp; (B)        &= nbsp;      Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and ev= ery other type or kind of publication or;

        &= nbsp; (C)        &= nbsp;      Seeking to obtain gifts or contributions of money, clothing or any other valuable t= hing for the support or benefit of any charitable or non-profit association, organization, corporation or project.

 

 

   &n= bsp;      7-2-2        &= nbsp; CERTIFICATE OF REGISTRATION.  Every person desiring to engag= e in soliciting as herein defined from persons within this Municipality is hereby required to make written application for a Certificate of Registration as hereinafter provided.  All res= ident charitable, non-profit organizations in this Village which have been in existence for six (6) months or lo= nger shall be exempt from the provisions of this Article.

 

 

   &n= bsp;      7-2-3        &= nbsp; APPLICATION FOR CERTIFICATE OF REGISTRATION. Applications for a Certificate of Registration shall = be made upon a form provided by the Chief of Police of this Municipality and f= iled with such Chief.  The applicant shall truthfully state in full the information requested on the application, to-wit:

        &= nbsp; (A)        &= nbsp;      Name and address of present place of residence and length of residence at such address; also, business address if other than residence address; also, Soci= al Security Number.

        &= nbsp; (B)        &= nbsp;      Address of place of residence during the past three (3) years if other than pr= esent address.

        &= nbsp; (C)        &= nbsp;      Age of applicant and marital status; and if married, the name of spouse.


          (D)        &= nbsp;      Physical description of the applicant.

        &= nbsp; (E)        &= nbsp;      Name and address of the person, firm or corporation or association with whom the applicant is employed or represents; and the length of time of such employm= ent or representation.

        &= nbsp; (F)        &= nbsp;      Name and address of employer during the past three (3) years if other than the present employer.

        &= nbsp; (G)        &= nbsp;      Description sufficient for identification of the subject matter of the soliciting in wh= ich the applicant will engage.

        &= nbsp; (H)        &= nbsp;      Period of time for which the Certificate is applied.

        &= nbsp; (I)        &= nbsp;       The date or approximate date of the latest previous application for a Certifica= te under this Chapter, if any.

        &= nbsp; (J)        &= nbsp;      Has a Certificate of Registration issued to the applicant under this Chapter ev= er been revoked?

        &= nbsp; (K)        &= nbsp;      Has the applicant ever been convicted of a violation of any of the provisions of this Code or the regulations of any other Illinois municipality regulating soliciting?

        &= nbsp; (L)        &= nbsp;      Has the applicant ever been convicted of the commission of a felony under the l= aws of the State of Illinois or any other State or Federal law of the United States?

        &= nbsp; (M)        &= nbsp;     The last three (3) municipalities where the applicant carried on business immed= iately preceding the date of application in this Municipality and the address from which such business was conducted in those municipalities.

        &= nbsp; (N)        &= nbsp;      Also, such additional information as the Chief of Police may deem necessary to process the application.

        &= nbsp; All statements made by the applicant upon the application or in connection therewith shall be under oath.

        &= nbsp; The Chief of Police shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other informat= ion and data pertaining thereto and all Certificates of Registration issued und= er the provisions of this Chapter and of the denial of applications.

        &= nbsp; Applications for Certificates issued shall be numbered in consecutive order as filed, and every Certificate issued and any renewal thereof shall be identified with t= he duplicate number of the application upon which it was issued.

        &= nbsp; No Certificate of Registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illi= nois or any other State or Federal law of the United States within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any= of the provisions of this Chapter, nor to any person whose Certificate of Registration issued hereunder has previously been revoked as herein provide= d.

 

 

   &n= bsp;      7-2-4        &= nbsp; ISSUANCE AND REVOCATION OF CERTIFI= CATE. The Chief of Police, after consideration of the application and all informa= tion obtained relative thereto, shall deny the application if the applicant does= not possess the qualifications for such Certificate as herein required, and that the issuance of a Certificate of Registration
to the applicant would not be in accord with the intent and purpose of this Code.  Endorsement shall be ma= de by the Chief of Police upon the application of the denial of the application.<= span style=3D'mso-spacerun:yes'> 
When the applicant is found to be = fully qualified, the Certificate of Registration shall be issued forthwith.<= /o:p>

        &= nbsp; Any Certificate of Registration issued hereunder shall be revoked by the Chief = of Police if the holder of the Certificate is convicted of a violation of any provision of this Chapter, or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a Certifi= cate of Registration under the terms of this Chapter.  Immediately upon such revocation, = written notice thereof shall be given by the Chief of Police to the holder of the Certificate in person or by certified [return receipt requested] U. S. Mail, addressed to his or her residence address set forth in the application.  Immediately upon the giving of such notice, the Certificate of Registration shall become null and void.

 &n= bsp;        The Certificate of Registration shall state the expiration date thereof.

 

 

   &n= bsp;      7-2-5        &= nbsp; POLICY ON SOLICITING.  It is declared to be the polic= y of this Municipality that the occupant or occupants of the residences in this Municipality shall make the determination of whether solicitors shall be or shall not be invited to their respective residences.

 

 

   &n= bsp;      7-2-6        &= nbsp; NOTICE REGULATING SOLICITING.<= /b> Every person desiring to secure the protection intended to be provided by t= he regulations pertaining to soliciting contained in this Article shall comply with the following directions:

        &= nbsp; (A)        &= nbsp;      Notice of the determination by the occupant of giving invitation to solicitors or = the refusal of invitation to solicitors to any residence shall be given in the manner provided in paragraph (B) of this Section.

        &= nbsp; (B)        &= nbsp;      A weatherproof card, approximately t= hree inches by four inches (3” x 4”) in size shall be exhibited = upon or near the main entrance door to the residence indicating the determinatio= n by the occupant and containing the applicable words, as follows:

 

“ONLY REGISTERED SOLICITORS INVITED”

 

OR

 

“NO SOLICITORS INVITED”

 

        &= nbsp; (C)        &= nbsp;      The letters shall be at least one-thir= d (1/3) inch in height.  For the purpose of uniformity, the= cards shall be provided by the Chief of Police to persons requesting the same, at= the cost thereof.

        &= nbsp; (D)        &= nbsp;      Such card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.


          7-2-7        &= nbsp; COMPLIANCE BY SOLICITORS. = It is the duty of every solicitor upon going onto any premises in this Municipali= ty upon which a residence as herein defined is located to first examine the no= tice provided for in Section 7-2-6 = if any is attached and be governed by the statement contained on the notice.<= /o:p>

        &= nbsp; If the notice states “ONLY REGI= STERED SOLICITORS INVITED,” then the solicitor not possessing a valid Certificate of Registration as herein provided for shall immediately and peacefully depart from the premises; and if the notice states, “NO SOLICITORS INVITED,” = then the solicitor, whether registered or not shall immediately and peacefully depart from the premises.

        &= nbsp; Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to= do so by the occupant.

 

 

   &n= bsp;      7-2-8        &= nbsp; UNINVITED SOLICITING PROHIBITED.  It is declared to be unlawful = and shall constitute a nuisance for any person to go upon any premises and ring= the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for t= he purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 7-2-6.

 

 

   &n= bsp;      7-2-9        &= nbsp; TIME LIMIT ON SOLICITING.<= span style=3D'mso-spacerun:yes'>  It is hereby declared to be unlawf= ul and shall constitute a nuisance for any person, whether registered under this Chapter or not, to go upon any premises and ring the doorbell upon or near = any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 10:00 A.M. or after 5:00 P.M. on any day of the week, including Satur= day, or at any time on a Sunday or on a State or National holiday.

 

 

   &n= bsp;      7-2-10        SOLICITATIONS ON PUBLIC HIGHWAYS.<= /u> Charitable organizations shall be allowed to solicit upon public highways under the following terms and conditions:

        &= nbsp; (A)        &= nbsp;      The charitable organization must be one that is registered with the Attorney General for the State of Illinois as a charitable organization as provided = by "An Act to Regulate Solicitation= and Collection of Funds for Charitable Purposes, Providing for Violations There= of, and Making an Appropriation Therefor," approved July 26, 1963, as amended.

        &= nbsp; (B)        &= nbsp;      Solicit only at intersections where all traffic from all directions is required to = come to a full stop.

        &= nbsp; (C)        &= nbsp;      Be engaged in a state-wide fund-raising activity.


          (D)        &= nbsp;      Be liable for any injury to any person or property during the solicitation whi= ch is causally related to an act of ordinary negligence of the soliciting agen= t.

        &= nbsp; (E)        &= nbsp;      Any person so engaged in such solicitation shall be at least sixteen (16) years of age and shall wear a high visibility vest= .

 &n= bsp;        (F)        &= nbsp;      Solicit only during daylight hours.

        &= nbsp; (G)        &= nbsp;      Any one charitable organization shall be limited to conducting no more than two (2) solicitations per calendar year.

 

(See 626 ILCS Sec. 5/11-1006)

 

 

   &n= bsp;      7-2-11        FEES.  Upon making an application for= a Certificate, the applicant shall pay a license fee, which shall be as follo= ws:

 &n= bsp;        (A)        &= nbsp;      Daily License:        &= nbsp;       $10.00 per person per day.

 

 &n= bsp;        (B)        &= nbsp;      Annual License:        &= nbsp;    $50.00 per person per year.<= /o:p>

 

(See 65 ILCS Sec. 5/11-42-5)

ARTICLE III - PEDDLERS

 

 

   &n= bsp;      7-3-1        &= nbsp; LICENSE REQUIRED. It shall= be unlawful for any person, firm or corporation to engage in the business of hawker or peddler of any merchandise, article or thing without having first secured a license therefor.

 

 

   &n= bsp;      7-3-2        &= nbsp; DEFINITION.  “Peddle” shall mea= n the selling, bartering, or exchanging or the offering for sale, barter or excha= nge of any tangible personal property upon or along the streets, highways, or public places of this Municipality or from house-to-house, whether at one p= lace thereon or from place-to-place, from any wagon, truck, pushcart, or other vehicle or from movable receptacles of any kind, but shall not include the delivery of any item previously ordered or the sale of items along delivery routes where the purchaser has previously requested the seller to stop and exhibit his items.  Nor shall = 'peddle' be taken to include the solicitation of orders by sample where the goods are not delivered at the t= ime the order is taken.

 

 

   &n= bsp;      7-3-3        &= nbsp; APPLICATIONS.  A person desiring a license may obtain the same by making application with the Clerk and providing the following information:

        &= nbsp; (A)        &= nbsp;      Name and physical description of applicant.

        &= nbsp; (B)        &= nbsp;      Permanent home and address and local address if operating from such an address.<= /o:p>

        &= nbsp; (C)        &= nbsp;      A brief description of the business and of the goods to be sold.

        &= nbsp; (D)        &= nbsp;      Name and address of the employer, if any.

        &= nbsp; (E)        &= nbsp;      The length of time for which the right to do business is desired.

        &= nbsp; (F)                Evidence that the= agent is acting on behalf of the corporation he represents.

        &= nbsp; (G)        &= nbsp;      Statement of the applicant's criminal record other than a traffic record.<= /span>

        &= nbsp; (H)        &= nbsp;      The last three (3) municipalities = where the applicant carried on business immediately preceding the date of applica= tion to this Municipality and the address from which such business was conducted= in those municipalities.

 

 

   &n= bsp;      7-3-4        &= nbsp; INVESTIGATION OF APPLICANTS.  Upon receipt of each application, = it shall be referred to the Chief of Police, who shall investigate the business and moral character of the applicant.  If the facts show the applicant unfit to receive the license, then it shall be denied.


          7-3-5        &= nbsp; HOURS.  It is hereby declared to be un= lawful and shall constitute a nuisance for any person, whether registered under th= is Code or not, to engage in peddling as herein defined prior to 10:00 A.M. or after 5:00 P.M. on any day of the week, including Saturday, or at any time on a Sunday or on a State or National holiday.

 

 

   &n= bsp;      7-3-6        &= nbsp; FRAUD. No licensed peddler= or hawker shall be guilty of any fraud, cheating or misrepresentation, whether through himself or through an employee while acting as a peddler in this Municipality, or shall barter, sell or peddle any goods or merchandise or w= ares other than those specified in his application for a license.

 

 

   &n= bsp;      7-3-7        &= nbsp; PHOTOGRAPHS. Two (2) photographs of the applic= ant and such of its employees as will be used in the peddling or merchandising, taken within sixty (60) days <= u>immediately prior to the filing of the application, which pictures shall be two inches by two inches (2' x 2'), showing the head and shoulders of the applicant or its agent(s) and/or employee(s) in a clear and distinguishing manner.

 

 

   &n= bsp;      7-3-8        &= nbsp; UNWANTED PEDDLING.  Nothing contained in this Chap= ter, nor the issuance of any license hereunder shall entitle the licensee to go = in or upon any private residence for the purpose of peddling if such licensee,= his agents or employees are directed to depart from said private residence by t= he owner or person in charge thereof.

 

 

   &n= bsp;      7-3-9        &= nbsp; PEDDLERS AS NUISANCE.  The practice of going in and u= pon private residences, business establishments or offices in the Municipality = by peddlers, hawkers, itinerant merchants and transient vendors of merchandise without having been requested or invited to do so by the owner or owners, occupant or occupants of said private residences and business establishment= s or offices for the purpose of disposing of and/or peddling or hawking of merchandise is hereby declared to be a nuisance and is punishable as a violation of this Code.  No pe= rson shall peddle in a public square.

 

 

   &n= bsp;      7-3-10        DUTY OF POLICE TO ABATE. T= he Police Department of this Municipality is hereby required and directed to s= uppress the same and to abate any such nuisance as described in Section 7-3-9.

 

 

   &n= bsp;      7-3-11        LOCAL BUSINESSES AND FARMERS EXCLU= DED. The provisions of this Article shall not apply to persons employed or representing an established merchant, business firm, or corporation located= and regularly doing
business in the Municipality or to farmers selling any food items raised or produced by themselves and/or to permanently established residents who are voters in the Municipality or anyone duly licensed.

 

 

   &n= bsp;      7-3-12        FEES. The license fees per person to be charged for licenses to peddle in this Municipality, each paya= ble in advance, are hereby fixed and established as follows:<= /p>

 &n= bsp;        (A)               Daily License:        =         $10.00 per person per day<= /b>

 

 &n= bsp;        (B)               Annual License:           =   $50.00 per person per year

 

(See 65 ILCS Sec. 5/11-42-5)

ARTICLE IV - COIN-OPERATED MACHINES

 

 

   &n= bsp;      7-4-1        &= nbsp; DEFINITIONS.   Definitions of terms as used= in this Article, unless the context otherwise clearly indicates, are as follow= s:

 

“COIN-OPERATED AMUSEMENT DEVICE”<= /u> means a= ny amusement machine or device operated by means of the insertion of a coin, token, or currency for the purpose of amusement or skill and for the playin= g of which a fee is charged.  The t= erm includes, but is not limited to juke boxes, electronic video games, pinball machines or other similar games.  The term does not include vending machines in which there are not incorporated gaming or amusement features.

 

“OPERATOR” is here= by defined to be any person, firm, corporation, partnership, association or cl= ub who sets up for operation by another or leases or distributes for the purpo= se of operation by another, any device(s) herein defined, whether such setting= up for operation, leasing or distributing be for a fixed charge or rental, or = on the basis of a division of the income from such device or otherwise.=

 

“PROPRIETOR” is here= by defined to be any person, firm, corporation, partnership, association or a = club who, as the owner, lessee or proprietor has under his or its control any establishment, place or premises in or on which such device is placed or ke= pt for use or play or on exhibition for the purpose of use or play.=

 

 

   &n= bsp;      7-4-2        &= nbsp; LICENSE REQUIRED.  No person, firm or corporation= shall engage in the business of an operator of coin-operated amusement devices wi= thin the corporate limits of this Municipality without having first obtained the proper license therefor.

 

 

   &n= bsp;      7-4-3        &= nbsp; APPLICATION. Application f= or license shall be verified by oath or affidavit and contain the following information:

        &= nbsp; (A)        &= nbsp;      The name, age and address of the applicant in the case of an individual and, in= the case of a co-partnership, of the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation, the objects for which it was organized, the names and addresses of the officers= and directors; and if a majority in interest of the stock of such corporation is owned by one person or his nominee(s), the name and address of such person(= s).

        &= nbsp; (B)        &= nbsp;      The citizenship of the applicant, his place of birth; or if a naturalized citiz= en, the time and place of his naturalization.

        &= nbsp; (C)        &= nbsp;      The address of the place where the applicant proposes to operate.

        &= nbsp; (D)        &= nbsp;      A statement whether the applicant has made a similar application for a similar license on premises other than those described in the application and the disposition of such other application.


          (E)        &= nbsp;      A statement that the applicant has never been convicted of a felony and is not disqualified to receive the license under this Section.

 

 

        &= nbsp; 7-4-4          PROHIBITED LICENSEES.  No license under this section = shall be issued to:

        &= nbsp; (A)        &= nbsp;      Any person who is not of good character and reputation in the community.

        &= nbsp; (B)        &= nbsp;      Any person who has been convicted of a felony under the laws of Illinois; or of being the keeper of a house of ill-fame; or of pandering or other crime or misdemeanor opposed to decency or morality.

        &= nbsp; (C)        &= nbsp;      Any person whose license issued under this Article has been revoked for cause.<= o:p>

        &= nbsp; (D)        &= nbsp;      Any partnership, unless all of the members of the partnership are qualified to obtain such license.

        &= nbsp; (E)        &= nbsp;      Any corporation if any officer, manager or director thereof, or any stockholder= or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license for any reason other than citizenship or residency within this Municipality.

        &= nbsp; (F)        &= nbsp;      Any person whose place of business is conducted by a manager or agent unless the manager or agent is of legal age and possesses the same qualifications requ= ired of the licensee.

        &= nbsp; (G)        &= nbsp;      Any person who does not own the premises for which a license is sought, or does= not have a lease therefor for the full period for which the license is to be issued.

 

 

   &n= bsp;      7-4-5        &= nbsp; FEES. The annual fee for s= uch license shall be Twenty-Five Dolla= rs ($25.00) per year or part thereof for each coin-operated amusement device set up for operation, leased or distrib= uted to a proprietor.

        &= nbsp; (A)        &= nbsp;      All operator's license fees shall be payable annually in advance and in no case shall any portion of said license fee be refunded to the licensee.

        &= nbsp; (B)        &= nbsp;      The license period shall be for the fiscal year of the Municipality, and all applications for renewal shall be made to the Clerk not more than thirty (30) days, but no less than fi= fteen (15) days prior to the expiration of such license.

 

 

   &n= bsp;      7-4-6        &= nbsp; NON-ASSIGNABILITY OF LICENSE.<= /b> The location of a license may be changed only upon the written permission of the Mayor.  Any license issued hereunder shall be non-assignable and non-transferable.

   &n= bsp;      7-4-7        &= nbsp; PLACEMENT; GAMBLING PROHIBITED.

        &= nbsp; (A)        &= nbsp;      All licensed devices shall, at all times, be kept and placed in plain view of a= ny person or persons who may frequent or be in any place of business where such devices are kept or used.

        &= nbsp; (B)        &= nbsp;      Nothing in this Article shall be construed to authorize, permit or license any gamb= ling device of any nature whatsoever.

        &= nbsp; (C)        &= nbsp;      Prizes and Awards Prohibited.<= span style=3D'mso-spacerun:yes'>  It shall be unlawful for any p= erson receiving a license pursuant to this Article to give or award a cash prize = or equivalent to any person playing any of the tables, devices or machines enumerated hereinabove under tournament, league or any other individual or competitive play.

 

 

   &n= bsp;      7-4-8        &= nbsp;  DISPLAY OF LICENSE.  Every lic= ensee shall frame and hang his license in a conspicuous place in the licensed pre= mises.

 

 

   &n= bsp;      7-4-9        &= nbsp; RIGHT OF ENTRY. The Chief = of Police has the power to and shall inspect any place, building or premises in which any licensed device or devices are operated or set up for operation at such times and intervals as he may deem necessary for the proper enforcemen= t of this Article.

 

 

   &n= bsp;      7-4-10        CLOSING HOURS.  No establishment operating und= er a license issued under this Article shall be open for use of any such devices between the hours of 12:00 Midnigh= t and 6:00 A.M. on any day or between 12:00 Midnight Saturday and 12:00 Noon the following Sunday.=

 

(See 65 ILCS Sec. 5/11-55-1)

ARTICLE V - JUNK DEALERS

 

 

        &= nbsp; 7-5-1          DEFINITIONS.

 

“JUNK” as used in this Chapter shall be = held to mean and include scrap and old iron, steel, chain, brass, copper, magnes= ium, aluminum, tin, lead or other base metals, scrap lumber, old rope, old bags, rags, waste paper, paper clippings, scraps of woolens, clips, bagging, rubb= er and glass, and empty bottles of different kinds or sizes when the number of each kind or size is less than one= (1) gross, any wrecked or dilapidated motor vehicle, engine, or machinery received, stored or held for more than ninety (90) days, and all articles and things discarded or no longer used as a manufactured article composed of or consisting of any one (1) or more of the materials or articles herein mentioned.=

 

“JUNK DEALER” as used= in this Chapter shall be held to mean and include every person, firm, partners= hip, or corporation that shall engage in the business of buying, selling, barter= ing or exchanging, or shall collect, receive, store or hold in possession for s= ale, barter or exchange, any of the things in and by this section defined as "junk".

 

“JUNK YARD” as used= in this Chapter shall be held to mean and include 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".  (Also see Chapter 24, Article VII and Chapter 25, Articles I and III)

 

 

   &n= bsp;      7-5-2        &= nbsp; PHYSICAL REQUIREMENTS.  The minimum physical requireme= nts at all times for each junk yard shall be as follows:

        &= nbsp; (A)        &= nbsp;      The premises where the junk yard is located shall not have more than two (2) entrances thereto and two (2) exits therefrom, each of = which shall not exceed fifteen (15) feet= in width at the perimeter of the premises.

        &= nbsp; (B)        &= nbsp;      The premises where the junk yard is located shall be enclosed on its perimeter = with a solid, non-transparent, vertical wall or fence of a minimum height of seven (7) feet measured from grou= nd level, excepting for the entrances and exits permitted by paragraph (A) abo= ve.

        &= nbsp; (C)        &= nbsp;      The aforesaid solid, non-transparent wall or fence and the gates or doors, if a= ny, at the aforesaid entrances and exits shall not contain any sign, poster or advertising matter of any kind whatsoever, excepting one (1) sign of the licensee thereon not exceeding one hundred (100) square feet in = size.

        &= nbsp; (D)        &= nbsp;      The public streets and alleys adjacent to the junk yard shall not have junk thereon.


          7-5-3        &= nbsp; LICENSE REQUIRED.  It shall be unlawful for any p= erson to keep, maintain, conduct or operate a junk yard within the corporate limi= ts of the Village without first obtaining a license to do so as herein provide= d.  A separate license shall be secure= d for each junk yard located on non-contiguous lots, blocks, tracts or parcels of land.

 

 

   &n= bsp;      7-5-4        &= nbsp; APPLICATION.  Before any license under the provisions of this Section is issued, any person desiring to operate a junk= yard in this Village shall first make a verified application in writing to the C= lerk in the absence of provision to the contrary, stating thereon the full name = of the applicant, his residence address, the trade name of the applicant, the legal description of the premises where the junk yard is to be located, the size and approximate location of each entrance thereto and exit therefrom, whether or not the premises where the junk yard is to be located is enclose= d on its perimeter with a solid, non-transparent wall or fence of a minimum heig= ht of seven (7) feet, measured fr= om ground level, excepting the entrances and exits, and whether or not the pub= lic streets and alleys adjacent to the premises where the junk yard is to be located have junk thereon.  If= the applicant is a firm of partnership, the names and residence addresses of all the partners and in the case of a corporation, the names and residence addresses of the president and secretary shall be stated in the application= .

 

 

   &n= bsp;      7-5-5        &= nbsp; DISQUALIFICATION.  Any applicant for a license to= keep, maintain, conduct or operate a junk yard shall be disqualified for any of t= he following reasons:

        &= nbsp; (A)        &= nbsp;      Not a person of good character.

        &= nbsp; (B)        &= nbsp;      Falsification of an application for a license hereunder.

        &= nbsp; (C)        &= nbsp;      License for a junk yard theretofore issued to the applicant has been revoked during= the preceding twenty-four (24) months.=

        &= nbsp; (D)        &= nbsp;      Failure to meet any one of the minimum physical requirements for a junk yard as specified in Section 7-5-2 her= eof.

 

 

   &n= bsp;      7-5-6        &= nbsp; LICENSE.  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 opera= ting a junk yard, the expiration date thereof, the legal description of the prem= ises where the junk yard is to be located, that the license shall be used and the privileges thereof exercised only at the described premises, and that such license is non-assignable and non-transferable.

        &= nbsp; Such license shall further provide that it is issued subject to all the provisio= ns of this Chapter; that upon the first conviction for a violation of any of t= he provisions of this Chapter, in addition to the fine, such junk yard shall remain closed for a period of thir= ty (30) days; that upon the s= econd 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 license= e, by the acceptance of such license expressly agrees to all the terms and con= ditions thereof, and to the terms and provisions of this Section and all amendments thereto.

 

 

   &n= bsp;      7-5-7        &= nbsp; LICENSE FEE. The annual li= cense fee for each junk yard shall be Ten Thousand Dollars ($10,000.00) payable in advance with the filing of the application for license, and shall not be subject to pro rata reduction for= a portion of the year, either because of the application for or because of revocation of a license; provided, however, that only one (1) annual license fee shall be payable for licenses which = may be issued whenever the applicant desires to keep, maintain, conduct or oper= ate junk yards on lots,    =      blocks, tracts, or parcels of land which are situated on directly opposite sides of= and abut upon each side of a public street or alley.  Where such place of business is not located in the Village, but the operator carries on the business of buying = or collecting or bartering for the items heretofore enumerated within the Vill= age, the annual fee shall be Ten Thousa= nd Dollars ($10,000.00) for each junk dealer.  The fee is payable as provided in = this Code.

 

 

   &n= bsp;      7-5-8        &= nbsp; MINORS.  No licensee hereunder shall pu= rchase or receive any article whatsoever from any minor, without the written conse= nt of their parents or guardians.

 

(See 65 ILCS Sec. 5/11-42-3)

ARTICLE VI - RAFFLE C= ODE

 

 

   &n= bsp;      7-6-1        &= nbsp; DEFINITIONS.  Unless the context otherwise requires, the words and phrases herein defined are used in this Code in the sense given them in the following definitions:

 

“NET PROCEEDS” means t= he gross receipts from the conduct of raffles, less reasonable sums expended f= or prizes, local license fees and other reasonable operating expenses incurred= as a result of operating a raffle.

 

“RAFFLE” means a form of lottery, as defin= ed in Section 28-2, subparagraph (b) = of the Criminal Code of 1961, conducted by an organization licensed under this Article in which:

        &= nbsp; (A)        &= nbsp;      the player pays or agrees to pay something of value for a chance, presented and differentiated by a number or by a combination of numbers, or by some other medium, one or more of which chances is to be designated the winning chance= ;

        &= nbsp; (B)        &= nbsp;      the winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of perso= ns conducting or connected with the lottery, except that the winning chance sh= all not be determined by the outcome of a publicly exhibited sporting contest.<= o:p>

        &= nbsp; The definitions contained in Section 1= 5/2, of Chapter 230; (Ill. Comp. St= at.) are hereby adopted by reference as if fully set out herein. (See 230 ILCS Sec. 15/1)

 

 

   &n= bsp;      7-6-2        &= nbsp; ADMINISTRATION.  The Mayor is hereby charged wi= th the administration of the appropriate provisions of this Code, and may appoint persons to assist in the exercise of the powers and the performance of the duties herein provided, including, but not limited to, the members of his staff, the Village Attorney, the Village Clerk, and the Chief of Police. (See 230 ILCS Sec. 15/2)

 

 

   &n= bsp;      7-6-3          LICENSE REQUIRED.  No person or organization shall conduct or partake in the selling of raffle chances with= in the limits and territory of this Village without having a license to do so issued by the Mayor in a manner hereinafter provided and a valid license for such purpose as provided by the Il= linois Compiled Statutes.  Licens= es shall be issued only to bona fide religious, charitable, labor, fraternal, educational or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years immediately before making application for a license a= nd which have had during that entire = five (5) year period a bona fide membership engaged in carrying out their objectives or to a nonprofit fundraising organization that the licensing authority determines is organiz= ed for the sole purpose of providing financial assistance to an identified individual or group
of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster. (See 230 ILCS Sec. 15/2)

        &= nbsp; (A)        &= nbsp;      The above mentioned types of organizations shall be defined pursuant to the Illinois Compiled Statutes and incorporated herein;

        &= nbsp; (B)        &= nbsp;      No person or organization shall be issued more than one (1) license in a period of one (1) week;<= /p>

        &= nbsp; (C)        &= nbsp;      The manager of a raffle game shall give a fidelity bond in the sum of One Thousand Dollars ($1,000.00) = in the performance of his duties.  The Mayor or his designated representative is authorized to waive requirement f= or bond by including a waiver provision in the license issued, provided that t= he license containing such waiver provision shall be granted only by majority = vote of the members of the licensed organization.  The terms of the bond shall provid= e that notice shall be given in writing to the licensing authority not less than thirty (30) days prior to its cancellation.

        &= nbsp; (D)        &= nbsp;      Any license issued under this Code shall be nontransferable.<= /p>

 

 

   &n= bsp;      7-6-4        &= nbsp; APPLICATIONS FOR LICENSE. = The Mayor is authorized to grant and issue licenses to eligible organizations to conduct raffles and to participate in the sale of raffle tickets within the limits and territory of the Village upon the conditions and in the manner provided by this Code and by the Act of the General Assembly of Illinois, a= nd not otherwise.  Such license s= hall be in writing, signed by the Mayor and attested by the Village Clerk with t= he seal of his office affixed thereto.

        &= nbsp; Prior to the issuance of a license, the applicant shall submit to the Village Cle= rk an application, in triplicate, in writing and under oath stating the follow= ing:

        &= nbsp; (A)        &= nbsp;      The name and address of the organization;

        &= nbsp; (B)        &= nbsp;      The type of organization that is conducting the raffle, i.e., religious, charitable, labor, fraternal, educational, veterans or other;

        &= nbsp; (C)        &= nbsp;      The length of time the organization has continually existed immediately before making application for a license;

        &= nbsp; (D)        &= nbsp;      The applicant shall give the aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle;

        &= nbsp; (E)        &= nbsp;      The applicant will give the maximum retail value of each prize awarded by a licensee in a single raffle;

        &= nbsp; (F)        &= nbsp;      The amount that the organization plans to charge for each raffle chance issued = or sold;

        &= nbsp; (G)        &= nbsp;      The time and location where the raffle is to be held;

        &= nbsp; (H)        &= nbsp;      The purpose for which the proceeds of the raffle will be used;

        &= nbsp; (I)        &= nbsp;       The name and address of the person conducting and performing the raffle, and his relationship with the organization;

        &= nbsp; (J)        &= nbsp;      The last date which the applicant has applied for a raffle license;<= /span>

        &= nbsp; (K)        &= nbsp;      The area in which the organization plans to sell or issue its raffle chances;

        &= nbsp; (L)        &= nbsp;      Whether or not the applicant has ever been convicted of a felony.=


          7-6-5        &= nbsp; APPLICATION:  ISSUANCE.  All licenses issued by the May= or or Village Clerk are subject to the following restrictions:<= /p>

        &= nbsp; (A)        &= nbsp;      No person, firm or corporation shall conduct raffles or chances without having first obtained a license therefor pursuant to this Code.<= /p>

        &= nbsp; (B)        &= nbsp;      The license and application for a license shall specify the area or areas within the licensing authority in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination in winning chances, and the location or locations with which winning chances will be determined.

        &= nbsp; (C)        &= nbsp;      The application shall contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization signed by the presiding officer and the secretary of that organization.

        &= nbsp; (D)        &= nbsp;      The Mayor shall act upon a license application within thirty (30) days from the date of application.

        &= nbsp; (E)        &= nbsp;      The application for license shall be prepared in accordance with this Code.

        &= nbsp; (F)        &= nbsp;      A license authorizes the licensee to conduct raffles as defined in this Code.= (See 230 ILCS Sec- 15/3)

 

 

   &n= bsp;      7-6-6        &= nbsp; PROHIBITED LICENSEES.  The following are ineligible f= or any raffle license:

        &= nbsp; (A)        &= nbsp;      Any person who has been convicted of a felony.

        &= nbsp; (B)        &= nbsp;      Any person who is or has been a professional gambler or gambling promoter;=

        &= nbsp; (C)        &= nbsp;      Any person who is not of good moral character;

        &= nbsp; (D)        &= nbsp;      Any firm or corporation in which a person defined in paragraphs (A), (B) or (C) above has a propriety, equitable or credit interest, or in which such a per= son is active or employed;

        &= nbsp; (E)        &= nbsp;      Any organization in which a person defined in paragraphs (A), (B), or (C) above= is an officer, director or employee, whether compensated or not;

        &= nbsp; (F)        &= nbsp;      Any organization in which a person defined in paragraphs (A), (B), or (C) above= is to participate in the management or operation of a raffle as defined by this Code. (See 230 ILCS Sec. 15/3)

 

 

   &n= bsp;      7-6-7        &= nbsp; RESTRICTIONS ON THE CONDUCT OF RAF= FLES.

        &= nbsp; (A)        &= nbsp;      The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.

        &= nbsp; (B)        &= nbsp;      No person except a bona fide member of the sponsoring organization may partici= pate in the management or operation of the raffle;

        &= nbsp; (C)        &= nbsp;      No person may receive any remuneration or profit for participating in the management or operation of the raffle;


          (D)        &= nbsp;      A licensee may rent a premises on which to determine a winning chance or chan= ces in a raffle only from an organization which has also been licensed under the Raffle Act;

        &= nbsp; (E)        &= nbsp;      Raffle chances may be sold or issued only within the area specified on the license, and winning chances may be determined only at those locations specified on = the license;

        &= nbsp; (F)        &= nbsp;      No person under the age of eighteen (= 18) years may participate in the conducting of raffles or chances.  A person under the age of eighteen (18) years may be within= the area where winning chances are being determined only when accompanied by his parent or guardian.

        &= nbsp; (G)        &= nbsp;      If a lessor rents premises where a winning chance = or chances on a raffle are determined, the lessor = shall not be criminally liable if the person who uses the premises for the determining of winning chances does not hold a license issued by the govern= ing body of any county or municipality under the provisions of this Code. (See 230 ILCS Sec. 15/4)

 

 

   &n= bsp;      7-6-8        &= nbsp; RECORDS.=

        &= nbsp; (A)        &= nbsp;      Each organization licensed to conduct raffles and chances shall keep records of = its gross receipts, expenses and net proceeds for each single gathering or occa= sion at which winning chances are determined.&n= bsp; All deductions from the gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for = the deduction, and the recipient.  The distribution of net proceeds shall be itemized as to payee, purpose, amount= and date of payment.

        &= nbsp; (B)        &= nbsp;      Gross receipts from the operation of raffle programs shall be segregated from oth= er revenues of the organization, including bingo gross receipts if bingo games= are also conducted by the same non-profit organization pursuant to license ther= efor issued by the Department of Revenue of the State of Illinois, and placed in= a separate account.  Each organi= zation shall have separate records of its raffles.  The person who accounts for the gr= oss receipts, expenses, and net proceeds from the operation of raffles shall no= t be the same person who accounts for other revenues of the organization.

        &= nbsp; (C)        &= nbsp;      Each organization licensed to conduct raffles shall report monthly to its member= ship and to the Village its gross receipts, expenses and net proceeds from raffl= es and the distribution of net proceeds itemized as required by this Section.<= o:p>

        &= nbsp; (D)        &= nbsp;      Records required by this Section shall be preserved for three (3) years, and the organization shall make available their records relating to operation of raffles for public inspection at reasonable times and places. (See 230 ILCS Se= c. 15/6)


          7-6-9        &= nbsp; TERM AND FEES.<= /span>

        &= nbsp; (A)        &= nbsp;      The aggregate retail value of all prizes or merchandise awarded by a licensee i= n a single raffle shall not exceed Fif= ty Thousand Dollars ($50,000.00);

        &= nbsp; (B)        &= nbsp;      The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed Fifteen Thousand Dollars ($15,000.00);

        &= nbsp; (C)        &= nbsp;      The maximum price which may be charged for each raffle chance issued or sold sh= all not exceed One Hundred Dollars ($100.00);

        &= nbsp; (D)        &= nbsp;      The maximum number of days during which chances may be issued or sold shall not exceed one hundred twenty (120) da= ys;

        &= nbsp; (E)        &= nbsp;      Licenses issued pursuant to this Article shall be valid for one (1) raffle and may be suspended or revoked for any violatio= n of this Article.

 

 

   &n= bsp;      7-6-10        LIMITED CONSTRUCTION.  Nothing in this Code shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity or device other than raffles as provided for herein.

 

ED. NOTE: Political committees are required by Chapter 230, S= ec. 15/8.1 to secure raffle licenses from the State Board of Elections.

 

(See 230 ILCS Sec. 15/2)


ARTIC= LE VII – ADULT USE LICENSING AND REGULATION

 

 

        &= nbsp; 7-7-1          PURPOSE.  The purpose of this Article is to regulate adult uses to protect the community from the many types of criminal activity frequently associated with such uses.  The Village recognizes that such regulation cannot effectively prohibit such uses, but can balance the compe= ting interest of the community in reducing criminal activity and protecting prop= erty values versus the protected rights of the owners, operators, employees and patrons of adult uses.

 

 

        &= nbsp; 7-7-2          DEFINITIONS.

        &= nbsp; (A)        &= nbsp;      Adult Bookstore.  An establishment having as a subst= antial or significant portion of its sales or stock in trade, books, magazines, fi= lms for sale or for viewing on premises by use of motion picture devices or by = coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specif= ied sexual activities”, or “specified anatomical areas”, or an establishment with a segment or section devoted to the sale or display of s= uch materials, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, a= ctual sales, presence of video preview or coin operated booths, exclusion of mino= rs from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.

        &= nbsp; (B)        &= nbsp;      Adult Entertainment Cabaret.  A public or private establishment = which:

(1)     features topless dancers, strippers, “go-go” dancers, male or female impersonato= rs, lingerie or bathing suit fashion shows;

(2)   = ;  not infrequently features entertainers who display “specified anatomical areas”; or

(3)   = ;  features entertainers who by reason of their appearance or conduct perform in a mann= er which is designed primarily to appeal to the prurient interest of the patro= n or features entertainers who engage in, or are engaged in explicit simulation = of “specified sexual activities”.

        &= nbsp; (C)        &= nbsp;      Adult Motion Picture Theater.<= /b>  A building or area used for presen= ting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein= .

        &= nbsp; (D)        &= nbsp;      Adult Novelty Store.  An establishment having a substant= ial or significant portion of its sales or stock in trade consisting of toys, devi= ces, clothing “novelties”, lotions and other items distinguished or characterized by their emphasis on or use for “specialized sexual activities” or “specified anatomical areas” or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the
establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.

        &= nbsp; (E)        &= nbsp;      Nudity.  Nudity means the showing of the hu= man male or female genitals, pubic area, female breasts with less than a full opaque covering below a point immediately above the top of the areola, human male genitals in a discernibly turgid state even if completely and opaquely covered or, that portion of the buttocks which would be covered by a proper= ly worn “thong” type bikini bottom.

        &= nbsp; (F)        &= nbsp;      Public Place.  Public place means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by mem= bers of the public.  Public places = include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge = or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by social, fraternal or sim= ilar organizations.  Premises used = solely as a private residence, whether permanent or temporary in nature, shall not= be deemed a public place.  Public places shall not include enclosed single sex public restrooms, enclosed sin= gle sex functional showers, locker and/or dressing room facilities, enclosed mo= tel rooms and hotel rooms designed and intended for sleeping accommodations, do= ctors offices, churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall it include a person appearing in a state of nudity in a modeling class operated by (1) a proprietary school licensed by= the State; a college, junior college or university supported entirely or partly= by taxation; or (2) a private college or university which maintains and operat= es educational programs in which credits are transferable to a college, junior college or a university supported entirely or partly by taxation or an accredited private college.

        &= nbsp; (G)        &= nbsp;      Adult Use.  Adult bookstores, adult motion pic= ture theaters, adult entertainment cabarets, adult clubs allowing nudity at regu= lar or frequent times, adult novelty stores and other similar uses.<= /span>

        &= nbsp; (H)        &= nbsp;      Employee.  Employees, independent contractors= or any other person who is retained by the licensee or subject to dismissal fr= om working at the licensed premises.

        &= nbsp; (I)        &= nbsp;       Specified Sexual Activities.  For the purpose of this Article, “specified sexual activities” means:

(1)   = ;  human genitals in the state of sexual stimulation or arousal;

(2)   = ;  acts of human masturbation, sexual intercourse or sodomy; and<= /p>

(3)   = ;  fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

        &= nbsp; (J)        &= nbsp;      Specified Criminal Activity.  For the purpose of this Article, “specified anatomical areas” means:

(1)     less than complet= ely and opaquely covered:

(a)   = ;   human genitals;


(b)   = ;  pubic region;

(c)   = ;   buttocks;

(d)   = ;  female breasts below a point immediately above the top of the areola; and

(2)     human male genita= ls in a discernibly turgid state, even if completely and opaquely covered.

        &= nbsp; (K)        &= nbsp;      Specified Criminal Activity.  Specified criminal activity means = any of the following offenses:

(1)     Prostitution or promotion of prostitution; dissemination of obscenity; sale distribution or display of harmful material to a minor; sexual performance by a minor; possession or distribution of child pornography; public lewdness; public indecency; indecency with a child; engaged in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;<= /p>

(2)   = ;  For which:

(a)   = ;   less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction which is the later date, if the conviction is of a misdemeanor offense;

(b)   = ;  less than five (5) years have elaps= ed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is a felony offe= nse; or

(c)   = ;   less than five (5) years have elaps= ed since the date of the last conviction or the date of release from confineme= nt from the last conviction, whichever is the later date, if the convictions a= re of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurred within any twenty-four (24) month period; an= d

(3)     The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

 

 

        &= nbsp; 7-7-3          LICENSE REQUIRED.

        &= nbsp; (A)        &= nbsp;      It shall be unlawful for any person to operate an adult use without a valid ad= ult use business license issued by the Village pursuant to this Article.

        &= nbsp; (B)        &= nbsp;      An application for a license shall be made on a form provided by the Village.<= o:p>

        &= nbsp; (C)        &= nbsp;      All applicants must be qualified according to the provisions of this Article.  The application may request and the applicant shall provide such information
(including fingerprints) as is needed to enable the Village to determine whether the applicant meets the qualifications established in this Article.=

        &= nbsp; (D)        &= nbsp;      If a person who wishes to operate an adult use is an individual, the person mu= st sign the application for a license as applicant.  If the applicant is a club, consis= ting of private or public membership, then such entity shall also be licensed un= der this Article.  If a person who wishes to operate an adult use is other than an individual or club, each individual who has a twenty percent (20%) or greater interest in the business, including corporations, must sign the application for a license as applicant.  Each applicant must be qualified u= nder the following section and each applicant shall be considered a licensee if = the license is granted.

        &= nbsp; (E)        &= nbsp;      The completed application for an adult use business license shall contain the following information:

(1)   = ;  If the applicant is an individual, the individual shall state his/her legal na= me and any aliases and submit proof that he/she is eighteen (18) years of age;

(2)   = ;  If the applicant is a club, consisting of private or public membership, a copy= of the by-laws of the club must be submitted with the application.  In addition, a sworn statement as = to the purposes, general activities and requirement for club membership must be submitted.

(3)   = ;  If the applicant is a partnership, the partnership shall state its complete na= me and the names of all partners, whether the partnership is general or limite= d, and a copy of the partnership agreement, if any; and

(4)   = ;  If the applicant is a corporation, the corporation shall state its complete na= me, the date of incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal shareholders, (those with a twenty percent (20%) or more stak= e) and the name and address of the registered corporate agent.

        &= nbsp; (F)        &= nbsp;      If the applicant intends to operate the adult use business under a name other = than that of the application, he/she must state:

(1)   = ;  the business’ fictitious name and

(2)   = ;  submit any required registration documents.

        &= nbsp; (G)        &= nbsp;      Whether the applicant has been convicted of any specified criminal activity as defi= ned in this Article, and if so, the specified criminal activity involved, the d= ate, place and jurisdiction of each.

        &= nbsp; (H)        &= nbsp;      Whether the applicant has had a previous license under this Article or similar ordinances from another jurisdiction denied, suspended or revoked, including the name and location of the business which the permit was denied, suspende= d or revoked, as well as the date of the denial, suspension or revocation.  If the applicant has been a partne= r in a partnership or an officer, director or principal stockholder of a corporati= on that is or was licensed under this Article or similar ordinance in another jurisdiction and a license has previously been denied, suspended or revoked, include
the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocati= on.

        &= nbsp; (I)        &= nbsp;       Whether the applicant holds any other licenses under this Article or other similar ordinance from another jurisdiction and if so, the names and locations of s= uch other licensed businesses.

        &= nbsp; (J)        &= nbsp;      A sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business.  This sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.

 

 

        &= nbsp; 7-7-4          ISSUANCE OF LICENSE.

        &= nbsp; (A)        &= nbsp;      Within thirty (30) days after receipt= of a completed adult use business license application, the Village shall approve= or deny the issuance of a license to an applicant.  The Village shall approve the issu= ance of a license unless it determines, by a preponderance of the evidence, any = one or more of the following:

(1)   = ;  The applicant is under eighteen (18) y= ears of age;

(2)   = ;  The applicant is overdue in payment to the Village of taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to any busin= ess;

(3)   = ;  The applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form;

(4)   = ;  The applicant has been denied a license by the Village to operate an adult use = business within the preceding twelve (12) m= onths or whose license to operate an adult use business has been revoked within t= he preceding twelve (12) months;<= o:p>

(5)   = ;  The applicant has been convicted of a specified criminal activity defined in th= is Article.

(6)   = ;  The premises to be used for adult use business has not been inspected and appro= ved by the Fire Department and the Building Department as being in compliance w= ith applicable laws and ordinances.

(7)   = ;  The license fee required by this Article has not been paid.

(8)   = ;  The applicant of the proposed establishment is in violation or in not in compli= ance with all of the provisions of this Article.

        &= nbsp; (B)        &= nbsp;      The license, if granted, shall state on its face the name of the person or pers= ons to whom it is granted, the expiration date and the address of the adult use business.  All licenses shall = be posted in a conspicuous place at or near the entrance to the business so th= at they may be easily read at any time.

        &= nbsp; (C)        &= nbsp;      The Fire Department and Code Enforcement Officers shall complete their inspecti= on certification that the premises is in compliance or not in compliance with Village codes within twenty (20) d= ays of receipt of the application by the Village.


          (D)        &= nbsp;      No adult use business license shall be issued unless it meets all criteria set forth in the Zoning Code.  How= ever, an adult use business license may be issued for a premises which is a legal nonconforming use which has not yet been amortized or for a premises where = such amortization is being challenged by litigation.

        &= nbsp; (E)        &= nbsp;      No signs, advertising or other notice to the public may be given for any premi= ses where adult use is conducted, pursuant to this Article.

 

 

        &= nbsp; 7-7-5          LIQUOR.  No liquor license shall be issued = to a licensee or to premises where adult use is conducted, nor shall liquor be s= old, given away or allowed to be consumed on the premises where any adult use is conducted.

 

 

        &= nbsp; 7-7-6          FEES.  Every application for an adult use business license (whether a new license or for renewal of an existing licen= se) shall be accompanied by a Seven Hu= ndred Fifty Dollar ($750.00) non-refundable application and investigation fee= .

 

 

        &= nbsp; 7-7-7          INSPECTION.

        &= nbsp; (A)        &= nbsp;      An applicant or licensee shall permit representatives of the Police Department, Fire Department, Building Department or other Village or Village designated departments or agencies to inspect the premises of the adult use for the purpose of ensuring compliance with the provisions of this Article at any t= ime it is occupied or open for business.

        &= nbsp; (B)        &= nbsp;      A person who operates an adult use or his agent or employee violates this Art= icle is he/she refuses to permit such lawful inspection of the premises at any t= ime it is occupied or open for business.

 

 

        &= nbsp; 7-7-8          EXPIRATION OF LICENSE.<= /u>

        &= nbsp; (A)        &= nbsp;      Each license shall expire on the Januar= y 1 after it was issued and may be renewed only by making application as provid= ed in Section 7-7-4.  Application for renewal shall be m= ade at least thirty (30) days before = the expiration date and when made less than thirty (30) days before the expiration date, the expiration of license will no= t be affected.

        &= nbsp; (B)        &= nbsp;      If the Village denies renewal of a license, the applicant shall not be issued a license for one (1) year from = the date of denial.  If, subsequen= t to denial, the Village finds that the basis for denial of the license has been corrected or abated, the applicant may be granted a license.

 

 

        &= nbsp; 7-7-9          SUSPENSION.  The Village may suspend a license = for a period not to exceed thirty (30) d= ays if, after a hearing, it determines that a licensee or an employee of a licensee:

        &= nbsp; (A)        &= nbsp;      violated or is not in compliance with any section of this Article;=


          (B)        &= nbsp;      refused to allow an inspection of the adult use business premises as authorized by = this Article, or

        &= nbsp; (C)        &= nbsp;      knowingly permitted gambling by any person on the adult use business premises.

        &= nbsp; If the licensee or an employee of the licensee has been found guilty in a cour= t of law of a violation of this Article, no hearing is necessary prior to suspen= sion of the license.

 

 

        &= nbsp; 7-7-10        REVOCATION.

        &= nbsp; (A)        &= nbsp;      The Village shall revoke a license if a cause of suspension in Section 7-7-8 above occurs and the license has been suspended within the preceding twelve (12) m= onths or if the licensee is convicted of any specified criminal activity.

        &= nbsp; (B)        &= nbsp;      The Village may revoke a license if it determines, after a hearing, that:<= /o:p>

(1)     A licensee gave f= alse or misleading information in the material submitted during the application process;

(2)   = ;  A licensee or management personnel has knowingly allowed possession, use or s= ale of alcohol or controlled substances on the premises;

(3)   = ;  A licensee or management personnel has knowingly allowed prostitution on the premises;

(4)   = ;  A licensee or management personnel knowingly operated the adult use business during a period of time when the licensee’s license was suspended;

(5)   = ;  A licensee or management personnel has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occu= r in or on the licensed premises;

(6)   = ;  A licensee is delinquent in payment to the Village, County or State for any t= axes or fees past due;

(7)   = ;  A licensee or management personnel has knowingly facilitated another’s commission of the offense of public indecency; or

(8)   = ;  The adult use is a public nuisance as defined by statute, ordinance or case law= .

        &= nbsp; (C)        &= nbsp;      If the Village revokes a license, the revocation shall continue for one (1) year and the licensee sha= ll not be issued an adult use business license for one (1) year from the date the revocation became effective.  If subsequent to revocation, the V= illage finds that the factual basis for the revocation did not occur, the applicant may be granted a license.

        &= nbsp; (D)        &= nbsp;      After denial of an application, or denial of a renewal of an application, or suspension or a revocation of any license, the applicant or licensee may se= ek prompt judicial review of such action in any court of competent jurisdictio= n.


          7-7-11        TRANSFER OF LICENSE.  A licensee shall not transfer his/= her license to another nor shall a license operate an adult use business under = the authority of a license at any place other than the address on the license.<= o:p>

 

 

        &= nbsp; 7-7-12        BUSINESS RECORDS.  All adult uses shall file a verifi= ed report with the Village showing the licensee’s gross receipts and amo= unts paid to employees during the preceding calendar year.  In addition, all adult uses shall maintain and retain for a period of two (2) years, the names, addresses and ages of all persons employed, inclu= ding independent contractors, by the licensee.

 

 

        &= nbsp; 7-7-13        LIQUOR LICENSE.  No adult use may be issued a liquor license.  Nor shall any establishment with a liquor license operate as an adult use.

 

 

        &= nbsp; 7-7-14        ADULT ENTERTAINMENT CABARETS ̵= 1; RESTRICTIONS.  All dan= cing or other performances shall occur on a stage intended for that purpose whic= h is raised at least two (2) feet f= rom the level of the floor.  No da= ncing or other performance shall occur closer than ten (10) feet to any patron.&n= bsp; In addition, no dancer or performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any dancer or performer.  No patron shall directly pay or give any gratuity to any dancer or performer and no dancer shall solicit any pay or gratuity from any patron.  Gratuities may be indirectly given= to dancers or performers by placing the gratuity on the stage.

 

 

        &= nbsp; 7-7-15        VIDEO VIEWING BOOTHS – RESTRICTIONS.  No boot= hs, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partitions, but all such booths, stalls or partitioned portions or a room or individual rooms so used shall have at least one (1) side open to an adjacent = public room so that the area inside is visible to persons in the adjacent public room.  All such described areas shall be lighted in such a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as = to prevent the view of the motion pictures or other offered entertainment.

 

 

        &= nbsp; 7-7-16        HOURS OF OPERATION.  No adult use shall be open prior t= o 10:00 A.M. or after 2:00 A.M.


          7-7-17        INVESTIGATION.  Any licensee hereunder shall permi= t law enforcement officials, free and unlimited access to the premises during hou= rs of operation, upon reasonable request, for the purposes of investigating compliance with the provisions of this Article.

 

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Business Code 7-7-17

7-35

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