CHAPTER 7 - BUSINESS CODE
By Marilyn A. Herbeck
Apr 7, 2005, 08:28

CHAPTER 7

BUSINESS CODE

ARTICLE I - ADMINISTRATION


7-1-1 APPLICATIONS.
(A) Applications for all licenses and permits required by this Chapter shall be made in writing to the Municipal Clerk in the absence of provision to the contrary.
(B) Each application shall contain:
(1) the name of the applicant;
(2) the permit or license desired;
(3) the location to be used, if any;
(4) Zoning district, if any;
(5) the time covered;
(6) the fee to be paid; and
(7) Social Security Number;
(8) Federal Employment Identification Number;
(9) address and phone number;
(10) driver’s license number; and
(11) photo identification.
(C) 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. 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.


7-1-2 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 business 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 partner, 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 passively; or if he or it performs or attempts to perform any part of such business, activity or occupation in this municipality.


7-1-3 FORM OF LICENSE. Every license shall be signed by the Mayor and attested by the Clerk under the corporate seal, and no license shall 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 form.
 7-1-4 INVESTIGATIONS.
(A) Upon the receipt of an application for a license or permit, where an investigation 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 investigation or inspection,
(B) 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.
(C) The Chief of Police or the County Health Department shall make or cause to be made 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. [The Zoning Administrator shall make or cause to be made any inspections which relate to compliance 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.
(D) Upon receipt of all related investigative reports, the Clerk shall forward such reports, together with the application, to the Mayor for evaluation and determination.
(E) 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.
(F) If, after due consideration of the information contained with the application and the related investigative reports, the Mayor shall determine that the matters concerning the application are unsatisfactory, he may disapprove such application, indicating the reasons therefor. Thereupon, the Clerk shall be directed to promptly notify the applicant that his application is disapproved and that no license or permit will be issued.
(G) 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 directed to promptly notify the applicant that his application is approved and the license or permit may be issued.


7-1-5 FEES. In the absence of provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefore is made to the Clerk in the amounts prescribed by the corporate authorities. Except as otherwise provided, all license and permit fees shall become a part of the corporate fund. In no event shall any rebate or refund 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 made by reason of non-use of the license or discontinuance of the operation or conduct of the licensed establishment, business or activity. The one-time license fee for new and existing businesses holding a valid City of Staunton business license shall be Twenty-Five Dollars ($25.00). For all new applicants for a business license, an additional one-time fee in an amount representing the greater of either Fifty Dollars ($50.00), or the amount charged by the Illinois State Police to perform background checks, shall be added to the license permit application. (Ord. No.1328; 02-27-06)


7-1-6 TERMINATION OF LICENSES. All annua1 licenses shall be operative and the license year for this municipality shall commence on January 1st of each year and shall terminate on December 31st of the same year, where no provision to the contrary is made.
The Clerk shall notify all licensees of this municipality of the time of expiration 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 not excuse the licensee from the obligation to obtain a new licensee or a renewal thereof, nor shall it be a defense in an action based upon operation without a license.


7-1-7 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 fully 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)


7-1-8 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) days notice thereof is given to the Clerk, in the absence of any provision to the contrary; provided further, however, that all applicable ordinances and regulations of this municipality shall be complied with. (See Chapter 40 - Zoning Code)


7-1-9 LOCATION. No license for the 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 the 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 shall 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.

 7-1-10 NUISANCES PROHIBITED.

7-1-10.1 GENERALLY. No business or establishment, whether licensed or not, shall be so conducted or operated as to constitute a nuisance in fact, and no building, vehicle 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.
[ED. NOTE: The County Health Department should be advised of any suspected violations.]


7-1-10.2 UNSAFE OR UNHEALTHFUL BUSINESS.
(A) No building or structure utilized, constructed or maintained in connection with any business or occupation shall evidence an unsanitary, unsafe or dangerous condition.
(B) 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.


7-1-10.3 REFUSE DISPOSAL.
(A) 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.
(B) 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 sufficient number of refuse containers for the temporary storage of all refuse accumulating between collections.
All refuse which is placed for collection service outside any building or structure must be kept in standard refuse containers.
(C) Refuse Removal. It shall be 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 produced therein.
(D) Removal of Restaurant Garbage. Every person owning or controlling 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 containers to be removed daily from his premises and to be disposed of at his own expense.
 7-1-11 WORKING 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.


7-1-11.2 SANITATION. 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 shall 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.


7-1-11.3 HEAT REQUIRED.
(A) It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any factory or workshop to maintain a temperature within such factory or workshop of not less than sixty-two degrees Fahrenheit (62 F.) without such undue restriction of ventilation as to interfere with proper sanitary conditions therein; provided, however, that this requirement shall not apply to any factory or workshop where the business conducted therein is of such a nature that a higher or lower temperature than sixty-two degrees Fahrenheit (62 F.) is necessary or expedient for the work or manufacturing processes of such business.
(B) It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any office, store, or other place of employment to maintain a temperature therein of not less than sixty-two degrees Fahrenheit (62 F.), without such undue restriction of ventilation as to interfere 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].


7-1-11.4 INSPECTION. The Mayor or the Chief of Police shall 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.


7-1-12 INSPECTIONS.
(A) 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 thereof, 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 municipality who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
(B) 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.
(C) In addition to any other penalty which may be provided, the Mayor may revoke the 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 interferes with such officer or employee while in the performance of his duties; provided, however, that no license shall be subject to revocation for such cause unless such officer or employee has been refused permission to enter upon the premises in the name of this municipality after having first presented a warrant authorizing such entry.


7-1-13 SUSPENSION, REVOCATION OF LICENSE OR PERMIT.

7-1-13.1 NUISANCE. When the conduct or operation of any business or establishment, whether or not licensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general 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 for a period not to exceed ten (10) days.


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 whether or not the license or permit should be revoked.


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 this Section for any of the following causes:
(A) Any fraud, misrepresentation or false statement contained in the application for the license or permit;
(B) 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 premises occupied;
(C) Conviction of the licensee or permittee of any felony or of a misdemeanor involving moral turpitude;
 (D) Failure of the licensee or permittee to pay any fine or penalty owed to this municipality;
(E) Refusal to permit an inspection or sampling, or any interference with a duly authorized officer or employee in the performance of his duties in making such inspections, as provided in Section 7-1-12.
Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable Code regulations of this municipality.


7-1-13.4 HEARING NOTICE. Notice of the hearing for revocation 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 certified mail [return receipt requested] to the licensee or permittee at his last known address at least five (5) days prior to the date set for the hearing.


7-1-13.5 COUNSEL. At the hearing, the attorney for the 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.


7-1-14 APPEAL. Any person aggrieved by the decision 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 Section 7-1-13 shall have the right to appeal to the City Council. Such appeal 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 forth specifically the grounds for appeal. The Mayor shall thereupon set the time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in Section 7-1-13 hereof. The decision of the City Council on such appeal shall be final.


7-1-15 LICENSE TO BE POSTED. It shall be the duty of every person conducting a licensed business in this municipality to keep his license posted in a prominent place on the premises used for such business at all times.


7-1-16 BUSINESS VEHICLE STICKER. Whenever the number of vehicles used is the basis in whole or in part for a license fee, the Clerk shall furnish the licensee with a tag or sticker for each vehicle covered by the license and such tag or sticker shall be posted or affixed in a conspicuous place on each business vehicle.
ARTICLE II - SOLICITORS


7-2-1 DEFINITIONS. For the purpose of this Chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto, to-wit:

“REGISTERED SOLICITOR” shall mean 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 mean 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 mean and include any one (1) or more of the following activities:
(A) 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;
(B) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character or;
(C) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication or;
(D) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or non-profit association, organization, corporation or project.


7-2-2 CERTIFICATE OF REGISTRATION. Every person desiring to engage 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 resident charitable, non-profit organizations in this municipality which have been in existence for six (6) months or longer shall be exempt from the provisions of this Article.


7-2-3 PPLICATION FOR CERTIFICATE OF REGISTRATION. Applications for a Certificate of Registration shall be made upon a form provided by the City Clerk of this municipality and filed with such Clerk. The applicant shall truthfully state in full the information requested on the application, to-wit:
(A) Name and address of present place of residence and length of residence at such address; also, business address if other than residence address; also, all information required in Section 7-1-1 of this Code.
(B) Address of place of residence during the past three (3) years if other than present address.
(C) Age of applicant and marital status; and if married, the name of spouse.
 (D) Physical description of the applicant and the date of birth.
(E) 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 employment or representation.
(F) Name and address of employer during the past three (3) years if other than the present employer.
(G) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
(H) Period of time for which the Certificate is applied.
(I) The date or approximate date of the latest previous application for a Certificate under this Chapter, if any.
(J) Has a Certificate of Registration issued to the applicant under this Chapter ever been revoked?
(K) 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?
(L) Has the applicant ever been convicted of the commission of a felony under the laws of the State of Illinois or any other State or Federal law of the United States?
(M) The last three (3) municipalities where the applicant carried on business immediately preceding the date of application in this municipality and the address from which such business was conducted in those municipalities.
(N) Also, such additional information as the Chief of Police may deem necessary to process the application.
All statements made by the applicant upon the application or in connection therewith shall be under oath.
The City Clerk shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all Certificates of Registration issued under the provisions of this Chapter and of the denial of applications.
Applications for Certificates issued shall be numbered in consecutive order as filed, and every Certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.
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 Illinois or any other State or Federal law of the United States 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 provided. Any person ever convicted of a felony shall not be issued a license.


7-2-4 ISSUANCE AND REVOCATION OF CERTIFICATE. The Mayor, after consideration of the application and all information 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 made by the Mayor upon the application of the denial of the application. When the applicant is found to be fully qualified, the Certificate of Registration shall be issued forthwith. City officials shall have two (2) days to gather the necessary information to determine if the applicant is qualified.
Any Certificate of Registration issued hereunder shall be revoked by the Mayor 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 Certificate of Registration under the terms of this Chapter. Immediately upon such revocation, written notice thereof shall be given by the City Clerk 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.
The Certificate of Registration shall state the expiration date thereof.


7-2-5 POLICY ON SOLICITING. It is declared to be the policy 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. All solicitors shall be registered with the City.


7-2-6 NOTICE REGULATING SOLICITING. Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this Article shall comply with the following directions:
(A) 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.
(B) A weatherproof card, approximately three inches by four inches (3” x 4”) in size shall be exhibited upon or near the main entrance door to the residence indicating the determination by the occupant and containing the applicable words, as follows:

“ONLY REGISTERED SOLICITORS INVITED”

OR

“NO SOLICITORS INVITED”

(C) The letters shall be at least one-third inch (1/3”) in height. For the purpose of uniformity, the cards shall be provided by the City Clerk to persons requesting the same, at the cost thereof.
(D) 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 COMPLIANCE BY SOLICITORS. It is the duty of every solicitor upon going onto any premises in this municipality upon which a residence as herein defined is located to first examine the notice provided for in Section 7-2-6 if any is attached and be governed by the statement contained on the notice.
If the notice states “ONLY REGISTERED 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.
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.


7-2-8 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 the 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. If a resident requests a copy of the solicitor’s application it shall be presented when requested.


7-2-9 TIME LIMIT ON SOLICITING. It is hereby declared to be unlawful 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 9:00 A.M. or after 4:00 P.M. of any weekday or at any time on a Sunday or on a State or National holiday.


7-2-10 SOLICITATIONS ON PUBLIC HIGHWAYS. Charitable organizations shall be allowed to solicit upon public highways under the following terms and conditions:
(A) 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 Thereof, and Making an Appropriation Therefor," approved July 26, 1963, as amended.
(B) Solicit only at intersections where all traffic from all directions is required to come to a full stop.
(C) Be engaged in a state-wide fund-raising activity.
(D) Be liable for any injury to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.
 (E) Any person so engaged in such solicitation shall be at least sixteen (16) years of age and shall wear a high visibility vest.
(F) Solicit only during daylight hours.
(G) 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)


7-2-11 FEES. Upon making an application for a Certificate, the applicant shall pay a license fee, which shall be as follows:
(A) Daily License: $50.00 per day per company.

(B) Annual License: $100.00 per company per year.

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


7-3-1 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.


7-3-2 DEFINITION. “Peddle” shall mean the selling, bartering, or exchanging or the offering for sale, barter or exchange 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 place 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 time the order is taken.


7-3-3 APPLICATIONS. A person desiring a license may obtain the same by making application with the Clerk and providing the following information:
(A) Name and physical description of applicant and all information required in Section 7-1-1 of this Code.
(B) Permanent home and address and local address if operating from such an address.
(C) A brief description of the business and of the goods to be sold.
(D) Name and address of the employer, if any.
(E) The length of time for which the right to do business is desired.
(F) Evidence that the agent is acting on behalf of the corporation he represents.
(G) Statement of the applicant's criminal record other than a traffic record.
(H) The last three (3) municipalities where the applicant carried on business immediately preceding the date of application to this municipality and the address from which such business was conducted in those municipalities.


7-3-4 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 HOURS. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Code or not, to engage in peddling as herein defined prior to 9:00 A.M. or after 4:00 P.M. of any weekday or at any time on a Sunday or on a State or National holiday.


7-3-6 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 wares other than those specified in his application for a license.


7-3-7 PHOTOGRAPHS. Two (2) photographs of the applicant and such of its employees as will be used in the peddling or merchandising, taken within sixty (60) days 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.


7-3-8 UNWANTED PEDDLING. Nothing contained in this Chapter, 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 the owner or person in charge thereof.


7-3-9 PEDDLERS AS NUISANCE. The practice of going in and upon private residences, business establishments or offices in the municipality by solicitors, 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 establishments 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 person shall peddle in a public square.


7-3-10 DUTY OF POLICE TO ABATE. The Police Department of this municipality is hereby required and directed to suppress the same and to abate any such nuisance as described in Section 7-3-9.


7-3-11 EXCLUSION OF MERCHANTS AND FARMERS. 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.
 7-3-12 FEES. The license fees per company to be charged for licenses to peddle in this municipality, each payable in advance, are hereby fixed and established as follows:
(A) Daily License: $50.00 per company per day

(B) Annual License: $100.00 per company per year

(See 65 ILCS Sec. 5/11-42-5)
ARTICLE IV - COIN-OPERATED MACHINES


7-4-1 DEFINITIONS. Definitions of terms as used in this Article, unless the context otherwise clearly indicates, are as follows:

“COIN-OPERATED AMUSEMENT DEVICE” means any 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 playing of which a fee is charged. The term includes, but is not limited to juke boxes, electronic video games, pin-ball machines or other similar games. The term does not include vending machines in which there are not incorporated gaming or amusement features.

“OPERATOR” is hereby defined to be any person, firm, corporation, partnership, association or club who sets up for operation by another or leases or distributes for the purpose 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 hereby 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 kept for use or play or on exhibition for the purpose of use or play.


7-4-2 LICENSE REQUIRED. No person, firm or corporation shall engage in the business of an operator of coin-operated amusement devices within the corporate limits of this municipality without having first obtained the proper license therefor.


7-4-3 APPLICATION. In addition to the information required in Section 7-1-1, an application for license shall be verified by oath or affidavit and contain the following information:
(A) 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).
(B) The citizenship of the applicant, his place of birth; or if a naturalized citizen, the time and place of his naturalization.
(C) The address of the place where the applicant proposes to operate.
 (D) 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) A statement that the applicant has never been convicted of a felony and is not disqualified to receive the license under this section.


7-4-4 PROHIBITED LICENSEES. No license under this section shall be issued to:
(A) Any person who is not of good character and reputation in the community.
(B) 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.
(C) Any person whose license issued under this Chapter has been revoked for cause.
(D) Any partnership, unless all of the members of the partnership are qualified to obtain such license.
(E) 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.
(F) 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 required of the licensee.
(G) 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.


7-4-5 FEES. The annual fee for such license shall be Twenty-Five Dollars ($25.00) per year or part thereof for each coin-operated amusement device set up for operation, leased or distributed to a proprietor. (Ord. No. 1192; 12-10-01)
(A) 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.
(B) 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 fifteen (15) days prior to the expiration of such license.


7-4-6 NON-ASSIGNABILITY OF LICENSE. 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.
 7-4-7 PLACEMENT; GAMBLING PROHIBITED.
(A) All licensed devices shall, at all times, be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such devices are kept or used.
(B) Nothing in this Article shall be construed to authorize, permit or license any gambling device of any nature whatsoever.
(C) Prizes and Awards Prohibited. It shall be unlawful for any person 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.


7-4-8 DISPLAY OF LICENSE. Every licensee shall frame and hang his license in a conspicuous place in the licensed premises.


7-4-9 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 enforcement of this Article.


7-4-10 CLOSING HOURS. No establishment operating under a license issued under this Article shall conform to established hours (i.e. taverns, etc.)

(See 65 ILCS Sec. 5/11-55-1)
ARTICLE V - JUNK DEALERS


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, 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 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, partnership, or corporation that shall engage in the business of buying, selling, bartering or exchanging, or 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".

“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 IV and Chapter 25, Articles I and III)


7-5-2 LICENSE REQUIRED. It shall be unlawful for any person to keep, maintain, conduct or operate a junk yard within the corporate limits of the City without first obtaining a license to do so as herein provided. A separate license shall be secured for each junk yard located on non-contiguous lots, blocks, tracts or parcels of land.


7-5-3 APPLICATION. Before any license under the provisions of this Section is issued, any person desiring to operate a junk yard in this City shall first make a verified application in writing to the Clerk 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 enclosed on its perimeter with a solid, non-transparent wall or fence of a minimum height of seven feet (7’), measured from ground level, excepting the entrances and exits, and whether or not the public 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.


7-5-4 DISQUALIFICATION. Any applicant for a license to keep, maintain, conduct or operate a junk yard 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 junk yard theretofore issued to the applicant has been revoked during the preceding twenty-four (24) months.
(D) Failure to meet any one of the minimum physical requirements for a junk yard as specified in Section 7-5-2 hereof.


7-5-5 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 operating a junk yard, the expiration date thereof, the legal description of the premises 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.
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 junk yard shall remain closed for a period of thirty (30) 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 section and all amendments thereto.


7-5-6 LICENSE FEE. The annual license fee for each junk yard shall be Two Hundred Dollars ($200.00) payable in advance with the filing of the application for license, and shall not be subject to prorata 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 operate 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 City, but the operator carries on the business of buying or collecting or bartering for the items heretofore enumerated within the City, the annual fee shall be Two Hundred Dollars ($200.00) for each junk dealer. The fee is payable as provided in this Code.


7-5-7 MINORS. No licensee hereunder shall purchase or receive any article whatsoever from any minor, without the written consent of their parents or guardians.

(See 65 ILCS Sec. 5/11-42-3)
ARTICLE VI - RAFFLE CODE


7-6-1 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 the gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.

“RAFFLE” means a form of lottery, as defined in Section 28-2, subparagraph (b) of the Criminal Code of 1961, conducted by an organization licensed under this Article in which:
(A) 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;
(B) 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 persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
The definitions contained in Section 15/2, of Chapter 230; (Ill. Comp. Stat.) are hereby adopted by reference as if fully set out herein. (See 230 ILCS Sec. 15/1)


7-6-2 ADMINISTRATION. The Mayor is hereby charged with 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 City Attorney, the City Clerk, and the Chief of Police. (See 230 ILCS Sec. 15/2)


7-6-3 LICENSE REQUIRED. No person or organization shall conduct or partake in the selling of raffle chances within the limits and territory of this City 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 Illinois Compiled Statutes. Licenses 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 and 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 organized 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)
 (A) The above mentioned types of organizations shall be defined pursuant to the Illinois Compiled Statutes and incorporated herein;
(B) No person or organization shall be issued more than one (1) license in a period of one (1) week;
(C) 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 for bond by including a waiver provision in the license issued, provided that the 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 provide that notice shall be given in writing to the licensing authority not less than thirty (30) days prior to its cancellation.
(D) Any license issued under this Code shall be nontransferable.


7-6-4 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 City upon the conditions and in the manner provided by this Code and by the Act of the General Assembly of Illinois, and not otherwise. Such license shall be in writing, signed by the Mayor and attested by the City Clerk with the seal of his office affixed thereto.
Prior to the issuance of a license, the applicant shall submit to the City Clerk an application, in triplicate, in writing and under oath stating the following:
(A) The name and address of the organization;
(B) The type of organization that is conducting the raffle, i.e., religious, charitable, labor, fraternal, educational, veterans or other;
(C) The length of time the organization has continually existed immediately before making application for a license;
(D) The applicant shall give the aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle;
(E) The applicant will give the maximum retail value of each prize awarded by a licensee in a single raffle;
(F) The amount that the organization plans to charge for each raffle chance issued or sold;
(G) The time and location where the raffle is to be held;
(H) The purpose for which the proceeds of the raffle will be used;
(I) The name and address of the person conducting and performing the raffle, and his relationship with the organization;
(J) The last date which the applicant has applied for a raffle license;
(K) The area in which the organization plans to sell or issue its raffle chances;
(L) Whether or not the applicant has ever been convicted of a felony.
 7-6-5 APPLICATION: ISSUANCE. All licenses issued by the Mayor or City Clerk are subject to the following restrictions:
(A) No person, firm or corporation shall conduct raffles or chances without having first obtained a license therefor pursuant to this Code.
(B) 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.
(C) 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.
(D) The Mayor shall act upon a license application within thirty (30) days from the date of application.
(E) The application for license shall be prepared in accordance with this Code.
(F) A license authorizes the licensee to conduct raffles as defined in this Code. (See 230 ILCS Sec- 15/3)


7-6-6 PROHIBITED LICENSEES. The following are ineligible for any raffle license:
(A) Any person who has been convicted of a felony.
(B) Any person who is or has been a professional gambler or gambling promoter;
(C) Any person who is not of good moral character;
(D) 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 person is active or employed;
(E) Any organization in which a person defined in paragraphs (A), (B), or (C) above is an officer, director or employee, whether compensated or not;
(F) 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)


7-6-7 RESTRICTIONS ON THE CONDUCT OF RAFFLES.
(A) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(B) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle;
(C) No person may receive any remuneration or profit for participating in the management or operation of the raffle;
 (D) A licensee may rent a premises on which to determine a winning chance or chances in a raffle only from an organization which has also been licensed under the Raffle Act;
(E) 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;
(F) 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.
(G) 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 governing body of any county or municipality under the provisions of this Code. (See 230 ILCS Sec. 15/4)


7-6-8 RECORDS.
(A) Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. 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.
(B) Gross receipts from the operation of raffle programs shall be segregated from other revenues of the organization, including bingo gross receipts if bingo games are also conducted by the same non-profit organization pursuant to license therefor issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each organization shall have separate records of its raffles. The person who accounts for the gross receipts, expenses, and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
(C) Each organization licensed to conduct raffles shall report monthly to its membership and to the City its gross receipts, expenses and net proceeds from raffles and the distribution of net proceeds itemized as required by this section.
(D) 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 Sec. 15/6)


7-6-9 TERM AND FEES.
(A) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed Twenty-Five Thousand Dollars ($25,000.00);
 (B) The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed Fifteen Thousand Dollars ($15,000.00);
(C) The maximum price which may be charged for each raffle chance issued or sold shall not exceed One Hundred Dollars ($100.00); (Ord. No. 1305; 09-26-05)
(D) The maximum number of days during which chances may be issued or sold shall not exceed one hundred twenty (120) days;
(E) Licenses issued pursuant to this Article shall be valid for one (1) raffle and may be suspended or revoked for any violation of this Article;


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, Sec. 15/8.1 to secure raffle licenses from the State Board of Elections.

(See 230 ILCS Sec. 15/2)
ARTICLE VII - SPECIAL BUSINESS SALES


7-7-1 DEFINITIONS. Terms used in this Article have the following meanings:
“GOING OUT OF BUSINESS SALE”. Any sale, whether described by such name or by any other name (such as, but not limited to "closing out sale", "liquidation sale", "lost our lease sale", "forced to vacate sale"), held in such a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted.
“GOODS”. All goods, wares, merchandise and other personal property, except choses in action and money.
“REMOVAL SALE”. Any sale held in such a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and thereafter will be moved to and occupy another location.


7-7-2 EXCEPTIONS. This Article does not apply to any sales ordered by any court or referee in bankruptcy; or to any person acting under the direction and supervision of state or federal courts in the course of their official duties; or to sales by a person regularly engaged in insurance or salvage sales of goods; or to the sale of goods which have been damaged by fire, smoke, water or otherwise and acquired for the account of others as a result of fire or other casualty.


7-7-3 LICENSE. No person shall directly or indirectly advertise, represent or hold out to the public that any sale of goods is an insurance, salvage, removal, going out of business, insolvent's, assignee’s, or creditor's sale of goods, or that it is a sale of goods which have been damaged by fire, smoke, water or otherwise, without a license from the City Clerk to conduct such sale under one of such descriptive names.


7-7-4 APPLICATION FOR LICENSE. Any applicant for a license under this Article shall file an application in writing and under oath with the City Clerk setting out the following information:
(A) The name and address of the applicant for the license, who must be the owner of the goods to be sold, and in addition, if the applicant is a partnership, corporation, firm or association, the name and position of the individual filing the application.
(B) The name and style in which such sale is to be conducted, and the address where such sale is to be conducted.
(C) The dates and period of time during which the sales is to be conducted.
 (D) The name and address of the person who will be in charge of and responsible for the conduct of such sale.
(E) A full explanation with regard to the condition or necessity which is the occasion for such sale, including a statement of the descriptive name of the sale and the reasons why such name is truthfully descriptive of the sale. If the application is for a license to conduct a going out of business sale, it shall also contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale. If the application is for a license to conduct a removal sale, it shall also contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale, in addition to the location of the premises to which the business is to be moved. If the application is for a license to conduct a sale of goods damaged by fire, smoke, water or otherwise, it shall also contain a statement as to the time, location and cause of such fire.
(F) A full, detailed inventory of the goods that are to be sold. The inventory shall itemize the goods to be sold and contain sufficient information concerning each item, including make and brand name, if any, to clearly identify it; list separately any goods which were purchased during a sixty (60) day period immediately prior to the date of making application for the license; and show the cost price of each item in the inventory together with the name and address of the seller of the item to the applicant, the date of the purchase, the date of the delivery of each item to the applicant and the total value of the inventory at cost.
(G) A statement that no goods will be added to the inventory after the application is made or during the sale and that the inventory contains no goods received on consignment.


7-7-5 ISSUANCE OF LICENSE. The City Clerk, upon receipt of an application for a license under this Article and a license fee of Twenty-Five Dollars ($25.00) shall issue a license to the applicant authorizing him to advertise, and to sell the particular goods so inventoried at the time and place stated in the application and in accordance with the provisions of this Article. The license shall be issued in duplicate and shall bear a number and the date of its expiration. The license may not be transferred or assigned. If a licensee is engaged in business in other locations, advertising or offering of goods on behalf of such locations shall not represent or imply any participation in or cooperation with the sale on the premises specified in the license, nor shall any advertising or any other offering of goods on behalf of the premises where the licensed sale is being conducted represent or imply any participation in or cooperation with such sale at other locations.


7-7-6 RESTRICTIONS ON LICENSES.
(A) No license under this Article shall be issued to any person:
(1) to conduct a sale in the trade name or style of a person in whose goods the applicant has acquired a right or title thereto within six (6) months prior to the time of making application for such license; or
(2) to continue a sale in the name of a licensee in whose goods such person acquired a right or title while such a sale is in progress; or
(3) to conduct a sale, other than an insurance sale, salvage sale or a sale of damaged goods, on the same premises within one (1) year from the conclusion of a prior sale of the nature covered by this Article.
(B) This Section does not apply to any person who acquired a right, title or interest in goods as an heir, devisee or legatee or pursuant to an order of process of a court of competent jurisdiction.


7-7-7 RECORD OF APPLICATION. The City Clerk, upon issuing a license under this Article shall endorse upon the application the date of its filing and shall preserve it, and the inventory attached to it, as a public record of his office. He shall make a notation of it in a book to be kept for that purpose, properly indexed, showing the name of the applicant, the date of the application, the descriptive name of the proposed sale, the place where such sale is to be conducted, its duration, the date of the license issued thereon, and the total value of the goods thus to be sold. A copy of the inventory shall be available for public inspection in the office of the City Clerk.


7-7-8 SALES AT BANKRUPT. No person shall advertise or represent for sale, or sell any goods at a bankruptcy, executor's, administrator's receiver's or trustee's sale except pursuant to and in compliance with federal or state statutory authority or judicial process, or as an assignee's or insolvent's sale unless there is a bona fide assignment for the benefit of creditors.


7-7-9 TERM OF LICENSE; RENEWAL. A license issued under this Article shall be valid for a period of not more than sixty (60) days from the start of the sale, but may be renewed once only for a period not to exceed thirty (30) days upon affidavit of the licensee that the goods listed in the inventory have not been disposed of and that no additional goods have been or will be added to the inventory previously filed. The application for renewal shall be made not more than fourteen (14) days prior to the time of the expiration of the license and shall contain a new inventory of the goods remaining on hand at the time the application for renewal is made, which new inventory shall be prepared and furnished in the same manner and form as the original inventory. No renewal shall be granted if any goods have been added to the stock listed in the inventory since the date of the issuance of the license. An additional license fee of Twenty-Five Dollars ($25.00) shall be paid for the renewal of a license.
 7-7-10 POSTING INVENTORY AND LICENSE. A copy of the application for a license under this Article including the inventory filed therewith, shall be posted in a conspicuous place in the sales room or place where the inventoried goods are to be sold so that the public may be informed of the facts relating to the goods before purchasing same. Such copy need not show the purchase price of the goods. The duplicate copy of the license issued shall be attached to the front door of the premises where the sale is conducted in such a manner that it is clearly visible from the street. Any advertisement or announcement published in connection with the sale shall conspicuously show on its face the number of the license and the date of its expiration.


7-7-11 SUBSTITUTION, ADDITION AND COMMINGLING OF GOODS.
(A) A person conducting a sale licensed under this Article shall not substitute for or add to the goods described in the inventory filed. In the case of a sale of goods damaged by fire, smoke, water or otherwise, or in the case of an insurance sale or a salvage sale, the goods to be sold at such sale shall be clearly and distinctly segregated, marked or identified, and advertised, if at all, so that both on display and in advertising such goods may be readily distinguished from other stocks, and their identify readily ascertained. Such goods shall not be commingled with other stocks of the licensee in such a manner to cause the goods to lose their separate identity either on display or in advertising. A violation of this Section voids the license issued under this Article.
(B) No person in contemplation of conducting any going out of business, removal, assignee's or creditor's sale, or during the continuance of such a sale, shall order or purchase any goods for the purpose of selling them at such sale. Any unusual purchase, or additions to the stock of goods within sixty (60) days after the filing of such application for a license to conduct such a sale shall be presumptive evidence that such purchases or additions were made in contemplation of such sale and for the purpose of selling them at such sale.


7-7-12 PENALTIES. Any person violating any provision of this Article shall, upon conviction, be fined as provided in Sections 1-1-20 and 1-1-21.


ARTICLE VIII – RESERVED

(Ord. No. 1291; 08-08-05)


ARTICLE IX – SIDEWALK DINING LICENSE


7-9-1 RULES AND REGULATIONS.
(A) The area devoted to outdoor dining on the sidewalk shall only be ancillary to and extending perpendicularly from the front façade of an indoor restaurant located in the “C-1” Commercial Zoning District. Additionally, the area in front of the same or the adjacent building will remain the decision of the Council. If it is deemed inappropriate or conflicting for the business with the license to be operating in front of the adjacent business, permission will not be granted.
(B) The annual license fee of Zero Dollars ($0.00) accompanied by a completed application for a “Sidewalk Dining License” must be submitted to the City Clerk’s Office by January 1st of each year and shall terminate on December 31st of the same year.
(C) Maintain a minimum of four (4) foot-wide pedestrian clearance along the outside sidewalk at all times.
(D) Sidewalk dining areas shall not obstruct the Fire Department’s water connection devices.
(E) Sidewalk dining areas shall not interfere with curbs, ramps, driveways, or access to any building.
(F) For restaurants located on street corners, the sidewalk dining area shall not encroach into the cone-shaped area between the ramps for disabled and the closest corner of the building.
(G) Sidewalk dining shall be allowed between 6:00 A.M. and 11:30 P.M. everyday. Outdoor dining furniture and fixtures including but not limited to pedestrian barriers shall be stored indoors overnight between 11:30 P.M. and 5:30 A.M. of the following day. If not possible to store the furniture and fixtures inside during off-hours, the owner must securely fasten all of the furniture and fixtures to the owners building only, to prevent vandalism and wind damage. No long-term storage of the furniture and fixtures on the sidewalk will be allowed, overnight only. Re: off-season.
(H) Outdoor dining furniture and fixtures including but not limited to umbrellas, tents, and pedestrian barriers:
(1) must be sturdy and stable.
(2) must have sufficient weight or secured so that they cannot tip over or be blown over.
(3) must not be attached to or protrude into sidewalk.
(4) must not obstruct sight distance of vehicular traffic.
(5) only displayed from April 1st to October 31st of each calendar year.
(I) Pedestrian barriers (if used by applicant):
(1) must be between thirty (30) and thirty-six (36) inches in height.
(2) railing and fences must be made of durable material and properly secured.
(3) must not impair vision of vehicular traffic.
(4) planters arranged for the best visual effect may be used.
(J) The outdoor dining area shall be kept clean and free from litter at all times.
(K) No preparation, storage, or display of food outdoors.
(L) Provide evidence of public liability insurance and comprehensive property damage insurance including the City and its employees as an additional insured and insuring the City against any liability resulting from the uses permitted herewith. The coverage shall not be less than One Million Dollars ($1,000,000.00) per occurrence or accident resulting from bodily injury to or death of a person(s).
(M) A signed hold harmless and indemnification agreement shall accompany the application for the license.
(N) At least one completely enclosed trash receptacle must be placed no more than six (6) inches from the face of the building.
(O) Alcoholic beverages may be served or consumed in association with the sidewalk dining operation subject to the applicant having the appropriate liquor license. The removal of alcoholic beverages and any containers of alcoholic beverages except back into the applicant’s facility from the permitted sidewalk dining area is prohibited. No glass allowed. Including, but not limited to bottles, glasses, pitchers, and plates.
(P) Permitted signage shall be subject to those conditions as specified in the City’s Sign Ordinance.
(Q) No public announcement system or loud speakers shall be permitted in the sidewalk dining area.
(R) The City may conduct inspections at any time to assure compliance with the provisions of these regulations. Failure to comply with or any continued infraction of any of these regulations can result in the revocation, suspension, and/or non-renewal of the license provided for herein.

(Ord. No. 1231; 04-26-04)



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