Title XI BUSINESS REGULATIONS
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)
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