The provisions of this article shall apply to all licenses required
under this chapter and to all business, occupational, and activities
licenses required under any other ordinance except to the extent that
the provisions of this article conflict with provisions of those other
ordinances, in which case the provision imposing the strictest licensing
requirement, as determined by the Village, shall control.
Whenever the licensing regulations of this chapter require a
person to obtain a license as a prerequisite to "doing," "conducting,"
"engaging in," "maintaining," "operating," "carrying on," or "managing"
a business, occupation, or activity, any such term shall include any
person who holds himself or herself forth as being engaged in the
business, occupation, or activity, or who solicits patronage therefor,
either actively or passively, or who performs or attempts to perform
any part of such business, occupation, or activity, or who provides
a service in the Village. The omission of one or more of these terms
shall not be deemed to exclude the activities described by the other
terms when those activities are in fact carried on by that person.
A.
No person shall conduct, engage in, maintain, operate, carry on,
or manage any business, occupation, or activity for which a license
is required by this chapter or any other ordinance without obtaining
in advance a license for that business, occupation, or activity. For
purposes of this chapter, "person" shall mean any individual, firm,
partnership, joint venture, association, corporation, not-for-profit
corporation or educational institution.
B.
When a business operates a licensable activity at more than one location,
a separate license shall be required for each location.
[Amended 1-25-1988 by Ord. No. 88-01]
A.
The license requirements of this chapter shall not apply to:
(1)
Activities sponsored or conducted exclusively by educational, charitable,
civic, or political organizations or institutions, provided that if
such activity is not customarily associated with such an organization
or institution such activity shall be exempt from licensing under
this chapter not more than 12 times per year; or
(2)
Governmental institutions or agencies; or
(3)
Any public utility franchised by the Village except to the extent
that such a franchised public utility routinely prepares or sells
food or drink to its employees; or
(4)
Carriers regulated exclusively by the federal government; or
(5)
Any person or activity to the extent that the Village is precluded
or preempted by state law from exercising the licensing power set
forth in this chapter over such person or activity.
B.
The burden of raising an exemption as provided in this section shall be on the person claiming to be exempt or claiming to be conducting an exempted activity. The exemption shall be raised in the manner and at the time provided in § 159-19 or it shall be deemed to have been waived by the person claiming such exemption. This section shall not be construed to limit the authority of the Village to perform any of its necessary or ordinary regulatory functions.
[Amended 1-25-1988 by Ord. No. 88-01]
A.
Except as otherwise provided in this chapter, a person holding a
license pursuant to this chapter may engage in an additional business,
occupation or activity without obtaining an additional license if:
(1)
The additional business, occupation or activity is owned or operated
by the person holding the license;
(2)
The additional business, occupation or activity is conducted solely
on the same premises or within the same building as the previously
licensed business, occupation or activity;
(3)
The additional business, occupation or activity is subordinate to
the licensed business, occupation or activity in terms of income and
use of the premises or building;
(4)
The additional business, occupation or activity is customarily conducted
in conjunction with the licensed business, occupation or activity;
and
(5)
The fee paid for the previously issued license is equal to or greater
than the fee that would be required for a license for the additional
business, occupation or activity and, if it is not, then the license
holder shall pay the difference within five days of commencing the
additional business, occupation or activity.
B.
Notwithstanding Subsection A above, if either the licensed or any additional business, occupation or activity consists of one or more of the following, then an additional license shall be required for each business, occupation or activity listed in this subsection:
(1)
The sale of cigarettes, tobacco or tobacco products at retail;
(2)
The sale of alcoholic beverages;
(3)
The operation of a vending machine;
(4)
The sale of prepared food for consumption on or off the premises;
(5)
The sale of food or food products offered to consumers and intended
for off-premises preparation; and
(6)
The sale of live animals or plants.
A.
Applications for all licenses shall be made to the Village Clerk
on a form provided for that purpose.
C.
If the applicant is an individual, the application also shall contain
the applicant's name, residential address, and residential telephone
number.
D.
If the applicant is a partnership or other noncorporate business
entity, the application also shall contain the name, residential address,
and residential telephone number of each partner, principal, or member
thereof.
E.
If the applicant is a corporation, the application also shall contain
the name, residential address, and residential telephone number of
each principal officer and registered agent thereof.
Upon receipt of an application for any license, the Village
Clerk shall cause to be made all necessary investigations and inspections
to ascertain whether the applicant has complied with all the requirements
of law. A reasonable time shall be allowed for these investigations
and inspections; provided, however, that the Village Clerk shall have
the authority to issue a license immediately upon receiving the application
under appropriate circumstances.
A.
If, after reviewing the license application and the results of any investigations and inspections, the Village Clerk determines that the application is satisfactory, then the Village Clerk shall approve the application, notify the applicant of the approval, and issue a license after the applicant has paid in full the license fee required in Article V of this chapter.
B.
If, after reviewing the license application and the results of any investigations and inspections, the Village Clerk determines that matters concerning the application are unsatisfactory, then the Village Clerk shall disapprove the application, indicate the reasons for the disapproval, and notify the applicant of the disapproval in writing. The applicant thereupon shall have the right to appeal such disapproval to the Village Board of Trustees pursuant to § 159-17 of this chapter.
C.
No license shall be issued for the conduct of any business, occupation,
or activity if the premises and building to be used for such purpose
do not fully comply with all applicable provisions of this chapter
and every other ordinance of the Village, including fire prevention
and building and zoning regulations.[1]
A.
All applicants and licensees shall agree to permit authorized inspectors
to enter the premises used for or in connection with the licensed
business, occupation or activity in question to conduct inspections
and to take necessary samples of any commodity or material for the
purpose of determining whether the applicant or licensee complies
with all requirements of this chapter and all other federal, state,
county and Village laws, rules and regulations applicable to the licensed
business, occupation or activity.
B.
It shall be the duty of the applicant or licensee or the person in
charge of the premises to admit the authorized inspector thereto for
the purpose of making such inspection at any reasonable hour. Whenever
an analysis of any commodity or material is reasonably necessary to
ensure conformance with any ordinance provision, it shall be the duty
of the applicant or licensee to give to the authorized inspector sufficient
samples of such material or commodity for such analysis.
C.
In addition to any other penalty which may be provided, the license
of any person who refuses to permit any authorized inspector to take
adequate samples or to make inspections, or who interferes with such
inspector in the performance of his or her duty, may be revoked. No
license shall be revoked for such cause unless written demand by the
Village is made upon the licensee or person in charge of the premises,
stating that such inspection or sample is desired at the time it is
sought to make the inspection or obtain the sample.
It shall be the duty of any person conducting a licensed business, occupation or commercial activity to keep his or her license posted in a prominent place on the licensed business premises or licensed machine or device, as the case may be, at all times. Vehicle licenses shall be posted as required by § 159-37. Dog and cat licenses shall be evidenced by a tag to be fastened to a sturdy collar and worn by the animal at all times that it is off the owner's premises. Horse and pony licenses shall be posted in the stable area.
A.
Expiration. All licenses required by this chapter shall be granted
for a period of not more than one year, and every license shall expire
on the 31st day of December following the date of its issuance unless
otherwise expressly provided by the specific licensing provision in
this chapter or any other ordinance.
B.
Duty to renew. Each licensee under this chapter shall complete and
submit to the Village Clerk a new application form at least 30 days
before the expiration of the license period if that licensee desires
renewal of the license. The Village Clerk, before the expiration of
the license period, may mail a new application form and a written
notice to each licensee informing that licensee that a new license
will be required on the day following the expiration of his or her
existing license; provided, however, that this action is not required
of the Village Clerk and failure on the part of the Village Clerk
to mail a notice to any licensee shall not be deemed an excuse for
a violation of the provisions of this chapter or any other ordinance
under which the licensee is required to obtain a license and shall
not exempt a violator from any penalty relating thereto.
C.
Renewal procedure and fees. Except as otherwise provided, each license
may be renewed on proper application and payment of the required fee.
The requirements, procedures and fees for renewal of a license shall
be the same as the requirements, procedures and fees for granting
a new license.
The location of any licensed business or activity may be changed
upon written notice served 10 days in advance to the Village Clerk,
provided the new business location is in compliance with building,
zoning, and other applicable requirements of all Village ordinances.
No business, licensed or not, shall be so conducted or operated
as to amount to a nuisance.
[Added 10-15-2019 by Ord.
No. 2019-21]
Adult-use cannabis businesses [including dispensing organizations,
cultivation centers, craft growers, processing organizations, infuser
organizations, and transporting organizations, all as defined by the
Cannabis Regulation and Tax Act (PA 101-0027)] operating pursuant
to said Cannabis Regulation and Tax Act,[1]as may be amended from time to time, are hereby prohibited
from locating or operating within the corporate limits of the Village
of Bannockburn. This section shall not be construed to prohibit the
operation of any facility licensed to operate pursuant to the Compassionate
Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq.,
as may be amended from time to time, that does not also hold a license
to operate pursuant to the Cannabis Regulation and Tax Act.
[1]
Editor's Note: See 410 ILCS 705/1-1 et seq.
Except as otherwise specifically provided, no license issued
pursuant to this chapter shall be assignable or transferable.
A.
Summary closure. When the conduct or operation of any business, occupation, activity, or establishment, whether licensed or unlicensed, shall constitute a nuisance in fact or a clear and present danger to the public health, safety, or general welfare, or when the holder of any license shall have refused to allow a required inspection of the premises used for or in connection with the licensed business, occupation or activity, or shall have refused to furnish a sample of goods for testing, the Village President or his or her designee shall be authorized to summarily order the cessation of the business, occupation, or activity and the closing of the premises until the danger no longer exists and the parties involved have complied with the provisions of this chapter, but in any event for a period not to exceed 14 days. Within seven days after such action, the Village Clerk shall give notice of a hearing pursuant to § 159-16 of this chapter to determine whether the license should be revoked or suspended.
B.
Revocation or suspension.
(1)
The Village shall have the power to revoke or suspend any license after notice and hearing under § 159-16 for any of the following causes:
(a)
The licensee has either intentionally or carelessly misrepresented
any material fact on his or her license application;
(b)
The licensee fails to continuously comply with all conditions
of the license;
(c)
The licensee violates any applicable regulation or provision
of any Village ordinance;
(d)
The licensee refuses to admit regulatory inspectors or allow
regulatory inspectors to take adequate samples under the terms, conditions,
and requirements set forth in this chapter;
(e)
The licensee conducts the licensed activity in such a manner
as to constitute a breach of peace, or a menace to health, safety,
or welfare of the public, or a disturbance of the peace or comfort
of residents of the Village;
(f)
The licensed activity is conducted in violation of any applicable
state or county law or administrative regulation, or the licensee
has failed to obtain or retain a necessary state or county license
or permit;
(g)
The licensee is convicted of a felony or has unsuccessfully
defended a criminal or civil proceeding wherein he or she was charged
with fraud, misrepresentation, or unscrupulous business conduct; or
(h)
Any required bond or insurance has expired or been canceled.
(2)
The revocation or suspension of a license shall not preclude prosecution
and imposition of any other fines or penalties under this chapter
or any other Village ordinance.
A.
Notice. Notice of the hearing for revocation or suspension of a license
shall be given in writing to the licensee by certified mail at least
five days before the hearing and shall include the grounds of the
complaint and the time and place of the hearing. Failure or refusal
of the licensee to accept or claim such notice shall not be construed
as invalidating any notice which otherwise complies with this subsection.
B.
Hearing. The Village President, or his or her designee, shall preside
and shall render and deliver to the licensee a decision in writing.
The licensee shall be permitted counsel and shall have the right to
submit evidence and cross-examine witnesses.
Any person aggrieved by the action of the Village Clerk in denying a license or of the Village President, or his or her designee, in revoking or suspending a license shall have the right to an appeal before the Board of Trustees on any such action, provided a written request therefor, including a written statement under oath setting forth specifically the grounds for appeal, is filed with the Village Clerk within 10 days after receipt of the notice of such denial or revocation or suspension. The Board of Trustees shall give notice of and conduct a hearing on the appeal in the manner established in § 159-16 of this chapter; provided, however, that the Village President shall not participate in any appeal taken from his or her personal action. The Board of Trustees may affirm or reverse, in whole or in part, and with or without conditions, the action being appealed. The action taken by the Board of Trustees after a hearing shall be final.
[Amended 5-22-2017 by Ord. No. 2017-12]
[Amended 1-25-1988 by Ord. No. 88-01]
A.
The Village Clerk, or any person designated by the Village Clerk,
is authorized to make investigations and to take any necessary and
appropriate action to ascertain whether any person is not in compliance
with the licensing requirement or any other provision of this chapter.
B.
Actions by Clerk.
(1)
If the Clerk or his or her designee ascertains that a person is not in compliance with the licensing requirements of this chapter, the Clerk shall notify such person in writing by certified mail, return receipt requested. Within three days after receiving the notice, such person shall submit to the Clerk either the application and fee required by this chapter, or a sworn statement that such person is exempt or is conducting an exempted activity pursuant to § 159-4 of this chapter, and such other evidence that the Clerk or the Clerk's designee determines is necessary to confirm the applicability of the exemption. If the person submits the application and fee as required, the Clerk shall consider the application as having been timely filed.
(2)
If, after receiving notice of noncompliance with this chapter, a
person submits a sworn statement and evidence of an exemption, the
Clerk shall review the statement and evidence and, in addition, the
Clerk may request additional evidence from the applicant, may make
such other investigation, and/or may obtain the advice of counsel
to determine whether the exemption is applicable. The Clerk shall
then send to the person by certified mail, return receipt requested,
a written determination of whether the claimed exemption is applicable
and the reasons for such determination. If the Clerk determines that
the claimed exemption is not applicable, the person shall, within
three days after receiving such determination, submit to the Clerk
either the application and fee required by this chapter, or a written
request to appeal the Clerk's determination. If the person submits
the application and fee as required, the Clerk shall consider the
application as having been timely filed.
(3)
If the person submits a request to appeal a determination of the
Clerk denying the applicability of a claimed exemption, the appeal
shall be heard de novo by the Village Board or by a hearing officer
designated by the Village Board. Both the person claiming the exemption
and the Clerk shall be entitled to present evidence relating to the
applicability of the exemption. If the appeal is heard by a hearing
officer, the hearing officer shall submit recommended findings to
the Board. The Board, after reviewing the evidence, may adopt the
hearing officer's findings or make its own findings, and any decision
of the Board shall be final. If the findings of the Board indicate
that the exemption is not applicable, the person shall submit the
application and fee as required by this chapter within three days
after the Board's determination.
C.
The Village Attorney is authorized to institute and prosecute appropriate
legal action or proceedings to enforce this chapter whenever any person
shall neglect or refuse to submit an application or procure a license
as required by this chapter, or whenever any person shall neglect
or refuse to comply with any provision of this chapter.
No provision of this chapter shall be construed to authorize or permit a use of property not otherwise authorized and permitted under Chapter 260, Zoning, of the Code of the Village of Bannockburn, Illinois.
[Amended 5-22-2017 by Ord. No. 2017-12]
Licenses shall be required for all businesses, occupations,
and activities affected by this chapter beginning January 1, 1986.
