[Prior code § 12.01; amended by Ord. 214, 2002; 2-21-2011 by Ord. No.
269]
License and permit fees shall be set from time to time by resolution
of the Village Board.
[Prior code § 12.02]
Unless otherwise specifically provided by the laws of the state
or ordinances of the Village, the following provisions shall apply
to the issuance, transfer, and revocation of all licenses and permits
issued under the provisions of this Code.
A.
Clerk to Furnish Forms. All applications for licenses or permits
shall be made upon regular forms approved by the Village Board and
furnished by the Village Clerk to the applicant.
B.
Payment of Fees. No license or permit may be delivered to the applicant
until the applicant has paid the amount of the license or permit fee
to the Village Treasurer.
C.
Application to Be Signed — When Notarized. The application
shall be signed by the applicant and, where required, shall be sworn
to before a notary public or other public officer authorized to administer
oaths, and filed with the Village Clerk.
D.
Consideration and Hearing. The Village Clerk shall present such application
to the Village Board at its next regular meeting held after the filing
thereof, except when some Village officer, board, or commission is
first required to examine or report upon such application, in which
case the Clerk shall refer the application for report to such officer,
board, or commission and shall present the application and report
thereon to the Village Board as soon as reasonably possible thereafter.
Opportunity shall be given by the Village Board to any person to be
heard for or against the granting of any license or permit.
E.
Issuance. The Village Clerk shall issue such license or permit only
after its issuance has been authorized by the Village Board or proper
officer.
F.
Issuance by Administrative Authorities. When administrative authority
to issue any license or permit is delegated to any Village officer,
board, or commission under the terms of this code, such officer, board
or commission may grant such license or permit when proper application
has been made in accordance with the provisions of this code.
G.
Conditions of License.
1.
All Obligations to Village to be Paid. Before any license or permit
shall be issued under the provisions of this code, the Village Clerk
shall check all Village records to determine whether any applicant
is in arrears for taxes or any other obligation to any department
of the Village. If the Clerk shall find any applicant to be in arrears
for taxes or any other obligation, the issuing officer or department
shall withhold any and all licenses and permits for which application
has been made until such taxes or obligations have been paid in full.
2.
Consent to Inspection of Premises. As a condition of the granting
of any license or permit, the licensee or permittee agrees, by the
act of the licensee or permittee accepting the license or permit issued
herein, that, during the term of such license or permit, the Chief
of Police, police officers or other duly authorized officials of the
Village may at all reasonable hour enter into and upon the licensed
premises for the purpose of inspecting such premises to ascertain
if all Village ordinances and state laws are being obeyed, and such
person shall also consent to the removal from such licensed premises,
without warrant, of all things and articles there had in violation
of Village ordinances or state laws and to the introduction and receipt
of such things and articles in any prosecution or proceeding for violation
of any provision of Village ordinances or state law.
H.
Transfer of License or Permit. Licenses or permits may be transferred from one location to another by approval of the Village Board. A fee of $10 shall be charged for any such transfer. Transfers of alcoholic beverage licenses shall be made per Section 5.08.080.
I.
Replacement of Lost or Destroyed License or Permit. Whenever any
license or permit shall be lost or destroyed without fault on the
part of the holder or his or her agent or employees, a duplicate in
lieu thereof may be issued by the Village Clerk upon satisfying himself
or herself of the facts, for a fee of $1.
J.
Revocation of License or Permit. Except as otherwise provided in this chapter, any license or permit issued by the Village Board or any officer or department of the Village may be revoked by the Village Board at any regular or special meeting by a majority vote in favor of such revocation, provided that no license or permit shall be revoked until the holder thereof has been given an opportunity to be heard by the Village Board. Notice of such hearing shall be given to such permit or license holder either personally or by registered mail by the Village Clerk in the time and manner as directed by the Village Board. Any license or permit issued by the Village Board, any Village officer or department shall be and remain the property of the Village; and upon revocation thereof, the same shall be returned to the Clerk's office, and if not so returned, after demand, the Village reserves the right to institute suit against the holder or any one having possession of such license or permit for the return of the same. Any person failing to return any such license or permit after revocation thereof and demand having been made as herein provided shall be deemed to have violated the provisions of this chapter and shall be subject the penalty as provided in Chapter 1.08 of this Municipal Code. Whenever any license or permit shall be revoked, no refund of any unearned portion of the fee paid therefor shall be made.
