Chapter 110 LICENSES AND PERMITS

110.01 Applications.

110.02 Forms.

110.03 Signatures.

110.04 Investigations.

110.05 Fees.

110.06 Termination of licenses.

110.07 Building and premises.

110.08 Transfer--Change of location.

110.09 Frontage consents.

110.10 Nuisances.

110.11 Inspections.

110.12 Revocation.

110.13 Posting license.

Article 2. Bingo License

110.15 License required.

110.16 Application.

110.17 Forms.

110.18 Fee.

110.19 Signatures.

Article 3. Garage Sales

110.21 Regulation of number of garage sales.

110.22 Regulation of location.

110.23 Permit requirement.

110.24 Regulation of duration and items sold.

110.25 Regulation of garage sale signs.

110.26 Violation of article--Penalty.

110.99 Penalty.

110.01 Applications.

Applications for all licenses and permits required by ordinance shall be made in writing to the city clerk in the absence of provision to the contrary. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered, and the fee to be paid. Each application shall contain such additional information as may be needed for the proper guidance of the city officials in issuing the permit or license applied for. (‘68 Code, § 110.001) Penalty, see Section 110.99

110.02 Forms.

Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the city clerk. (‘68 Code, § 110.005) Penalty, see Section 110.99

110.03 Signatures.

Each license or permit issued shall bear the signatures of the mayor and the clerk in the absence of any provision to the contrary. Each new license or new permit issued shall bear the signature of the mayor, the building inspector and the chairman of the ordinance and license committee. (‘68 Code, § 110.010; Am. Ord. 1410, passed 3-20-02) Penalty, see Section 110.99

110.04 Investigations.

Upon the receipt of an application for a license or permit where the ordinances of the city necessitate an inspection or investigation before the issuance of a permit or license, the city clerk shall refer the application to the proper office to make an investigation within 48 hours of the time of the receipt of the application. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within 10 days after receiving the application or a copy thereof. (‘69 Code, § 110.015) Penalty, see Section 110.99

110.05 Fees.

In the absence of a provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application is made to the city clerk. When a business is commenced after the expiration of part of the license year, an annual license for the balance of the year will be issued for a proportionate part of the annual fee. (‘68 Code, § 110.020) Penalty, see Section 110.99

110.06 Termination of licenses.

All annual licenses shall terminate on the last day of the fiscal year in which they are issued unless a provision to the contrary is made. (‘68 Code, § 110.025) Penalty, see Section 110.99

110.07 Building and premises.

No license shall be issued for the conduct of any business nor permit for any thing or act if the premises and building to be used for the purpose do not fully comply with the requirements of the city. No license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning code. (‘68 Code, § 110.030) Penalty, see Section 110.99

110.08 Transfer--Change of location.

(A) Licenses issued may be transferred by the original licensee provided written notice thereof is given to the city clerk within 10 days before the transfer is made. No more than one transfer of any license shall be made within any license year. It shall be unlawful to transfer any peddler’s, itinerant merchant’s, or chauffeur’s license. Any attempted transfer of such a license shall have no effect.
(B) The location of any licensed business or occupation or of any permitted act may be changed, provided 10 days’ notice thereof is given to the city clerk and in the absence of any provisions to the contrary. However, the building, zoning, and frontage consent requirements of the ordinances must be complied with. (‘68 Code, § 110.035) Penalty, see Section 110.99
Cross-reference: Zoning code, see Ch. 150.

110.09 Frontage consents.

(A) Whenever the consent of adjoining or neighboring owners is required as a prerequisite to the conduct of any business or occupation or the location of any establishment the consents must be obtained by securing the necessary signatures to a written consent petition. The petition shall be filed with the city clerk when signed.
(B) Consents once given and filed shall not be withdrawn. The petitions need not be renewed for the continuous conduct of the same business, whether by the same proprietor or not.
(C) It shall be unlawful to forge any name to a petition, or to falsely represent that the names thereon have been properly placed thereon if such is not the fact.
(D) Each consent when filed shall be accompanied by the affidavit of the person securing the signatures that each signature appearing thereon was properly secured and written on the consent, and that the petition contains the necessary number of signatures required by ordinance.
(E) The frontage consent requirements contained in this code shall be construed as amending or changing any zoning ordinance or provision of the city. No frontage consent requirements shall be construed as permitting the erection of a structure or building, the conduct of a business, or the commission of any act in any location where the structure, building, business, or act is or are prohibited by any zoning ordinance of the city. (‘68 Code, § 110.040) Penalty, see Section 110.99

110.10 Nuisances.

No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. (‘68 Code, § 110.045) Penalty, see Section 110.99

110.11 Inspections.

(A) Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for, required by ordinance, or reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto at any reasonable time, for the purpose of making an inspection, any officer or employee of the city who is authorized or directed to make such inspection.
(B) Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of any licensee of the municipality whose business is governed by such provisions to give to any authorized officer or employee of the municipality requesting the same sufficient samples of the material or commodity for the analysis.
(C) In addition to any other penalty which may be provided, the mayor may revoke the license of any licensed proprietor of any licensed business in the city who refuses to permit any officer or employee who is authorized to make an inspection, take a sample to make inspection, or take an adequate sample of the desired commodity; or who interferes with the officer or employee while in the performance of his duty in making the inspection. No license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises at the time it is sought to make the inspection or obtain the sample in the name of the city stating that the inspection or sample is desired. (‘68 Code, § 110.050) Penalty, see Section 110.99

110.12 Revocation.

Any license or permit for a limited time may be revoked by the mayor at any time during the life of the license or permit for any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, the subject matter of the license or permit, or to the premises occupied. The revocation may be in addition to any fine imposed. (‘68 Code, § 110.055) Penalty, see Section 110.99

110.13 Posting license.

It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. (‘68 Code, § 110.060) Penalty, see Section 110.99

Article 2. Bingo License

110.15 License required.

Any person, firm, corporation or organization which has secured a bingo license under 230 ILCS 25/1 et. seq., shall also secure a bingo license with the city. (Ord. 698, passed 11-2-76; Am. Ord. 1571, passed 7-15-03)

110.16 Application.

Applications for a license shall be made in writing to the city clerk. Each application shall state the name of the applicant, the location to be used, the State of Illinois License or Identification Number under the Bingo License and Tax Act, together with a copy of the same. Each application shall contain such additional information as may be needed for the proper guidance of the city officials in the issuing of a license applied for. (Ord. 698, passed 11-2-76)

110.17 Forms.

Forms for all licenses and applications therefor shall be prepared and kept on file by the city clerk. (Ord. 698, passed 11-2-76)

110.18 Fee.

The fee for the issuing of a license shall be $50. Each license shall expire at midnight on June 30, following the date of its issuance. (Ord. 698, passed 11-2-76; Am. Ord. 971, passed 4-22-86)

110.19 Signatures.

Each license issued shall bear the signature of the mayor and city clerk. (Ord. 698, passed 11-2-76)

Article 3. Garage Sales

110.21 Regulation of number of garage sales.

Not more than a total of three garage sales (also known as patio sales, basement sales, yard sales, rummage sales, lawn sales, driveway sales, etc.) may be conducted on a premises during the calendar year beginning January 1 to December 31. Participation in a city-wide garage sale, so long as sponsored by the city, is permitted in addition to the three garage sales. The third garage sale will be permitted upon payment of the fee noted below. (Ord. 1240, passed 10-1-96; Am. Ord. 1315, 11-2-99)

110.22 Regulation of location.

Such sales may only be conducted on the premises of a dwelling unit by the owner or occupant of that dwelling unit. (Ord. 1240, passed 10-1-96; Am. Ord. 1315, 11-2-99)

110.23 Permit requirement.

The owner or occupant of the dwelling unit must obtain a permit from the city at a fee of $25 for the third garage sale. An application must be filed in person with the city at least two business days before the commencement of the sale. The applicant must include their name, the address and phone number of the dwelling unit at which the garage sale will be conducted, the dates and time of the sale. The permit must be displayed in a prominent location as to be seen when viewed from the road during the entire time of the sale. Any permit for a garage sale scheduled on any day of rain, may continue the same until the next weekend without rain. (Ord. 1240, passed 10-1-96; Am. Ord. 1315, 11-2-99)

110.24 Regulation of duration and items sold.

Such sales shall extend not more than three consecutive days. No merchandise that has been purchased for the purpose of sale or resale at a profit may be sold at a garage sale. (Ord. 1240, passed 10-1-96; Am. Ord. 1315, 11-2-99)

110.25 Regulation of garage sale signs.

The following regulations of garage sale signs be followed:
(A) No more than three signs may be erected advertising any such sale.
(B) No sign shall exceed twenty-four inches by thirty-six inches (24”× 36”) in size.
(C) No sign shall be erected on private property without the permission of the property owner.
(D) No sign shall be erected in violation of Section 131.12 of the Wilmington City Code.
(E) No sign shall be allowed to remain for a duration of more than five days.
(F) The person or persons holding such sale shall remove all signs advertising such sale at the end of the sale. (Ord. 1240, passed 10-1-96; Am. Ord. 1315, 11-2-99)

110.26 Violation of article--Penalty.

Any person convicted of violating the provisions of Sections 110.21 through 110.26 or any provision thereof, shall be fined not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $500 for the second and succeeding offenses. Every day upon which a violation exists shall be considered a separate and distinct violation. In addition, the city shall have all such other rights and remedies as may be available to it at law or equity. (Ord. 1240, passed 10-1-96; Am. Ord. 1315, 11-2-99)

110.99 Penalty.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1574, passed 7-15-03)