1969-009ORDINANCE NO.
AN ORDINANCE REGULATING AND ESTABLISHING THE RATES
FOR GENERAL COMMERCIAL BUSINESS LICENSES IN THE
VILLAGE OF BUFFALO GROVE, ILLINOIS.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GRAVE, ILLINOIS
SECTION 1. Purpose and Jurisdiction. Because-each
commercial establishment located in the Village is a basic part
of and affects the physical, and economic well -being of the Village
necessitating special services from the Village in the form of
fire, health, and police inspections and services, such commercial
establishments shall in all respects be in full compliance with
the provisions hereinafter contained in this Ordinance. This
Ordinance is designed to provide for the means whereby the
Village may render the necessary inspections and services to
commercial establishments and commercial areas in order to promote,
protect, and safeguard the public safety, health, and welfare of
the citizens of Buffalo Grove and to enable the effecting of an
accurate record of commercial establishments located and carrying
on commercial activities or commerce within the Village.
SECTION 2. 1,ules and Definitions. The language set forth.
in the text of this Ordinance shall be interpreted in accordance
with the following rules of construction;
a. The singular number includes the plural and the
plural the singular.
b. The present tense includes the past and future tenses,
and the future the present.
c.
The
word "shall" is mandatory;
the
word "may " is permissive.
d.
The
Masculine gender includes
the
feminine and neuter.
e. Whenever a word or term defined hereinafter appears in
the text of this Ordinance, its meaning shall be con-
strued as set forth in the definition thereof; and any
word appearing in parenthesis directly after a word
herein defined shall be construed in the same sense as
that word.
f. All measured area expressed in square feet shall be
to the nearest integral square foot; if a fraction
is one -half square foot or more, the integral square
foot next above shall be taken.
g.. The following words and terms wherever they occur in
this Ordinance shall be construed as here defined:
ACCESSORY USE is a use customarily incidental and
subordinate to the principal use of a building and
located on the same lot with the principal use of the
building.
BASEMENT is the portion of a building located partly
underground but having less than one -half its clear floor
to ceiling height below the average grade of the ad-
joining ground.
CELLAR is the portion of a building located partly or
wholly underground but having one -half or more than
one -half of its clear floor to ceiling height below
the average grade of the adjoing ground.
VILLAGE is the Village of Buffalo Grove, Illinois.
BOARD OF TRUSTEES is the President and the Board of
Trustees of the Village of Buffalo Grove, Illinois.
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OW14ER is any individual, firm, association., partner-
ship, corporation, trust or any other legal entity
having sufficient proprietary interest in the endeavor
subject to license to maintain and manage its operation.
PERSON is any individual, firm, association, partner-
ship, corporation, trust or any other legal entity.
LICENSEE is any individual, firm, association, partner-
ship, corporation,,trust, or any other legal entity
licensed or subject to license.
h. COMMERCIAL ESTABLISHMENT shall include the following
activities of commerce or commercial activity located
in the Village:
1. FOOD ESTABLISHMENT is a building or premises or a
portion thereof,the principal use of which is for
the sale or dispensing or distribution or serving
or storage of food, foodstuff, or drink for con-
sumption on or off the premises or in or out of the
building.
2. SERVICE ESTABLISHMENT is a building or premises or
a portion thereof, the principal use of which is
for the rendering of personal or material services
for profit, the wholesale distribution or storage of
material goods or chattel, the sale or servicing or
storage of motor equipment, the washing or cleaning
or dyeing or repair of fabrics or wearing apparel or
footwear on the premises, the storage or assembly or
distribution or servicing or repair of building
materials or electrical equipment or mechanical
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equipment, the storage or distribution of fuels
or petroleum products, the services of printing or
blue- printing or photo- copying or multilithing or
publishing or duplicating or similar reproduction
services, the provision of facilities for a hotel
or motel or motor hotel or apartment hotel or similar
housing facilities for transient or permanent guests
or persons, the provision of facilities for instruction
or training or participation in or presentation of
the fine arts, or athletic skills or dexterity of
physical skills or dexterity.
3. RETAIL SALES ESTABLISIMENT is a building or premises
or portion thereof, the principal use of which is
for the retail sale or distribution of material
goods or chattel not included with or related to
the sale of material goods or chattel or the provision
of services of food establishments or service
establishments.
i. FLOOR AREA is the su-n total of the gross horizontal
areas of the several floors of a building and its
accessory buildings measured in square feet from the
exterior faces of the exterior walls or from the center
line of party walls separating two buildings or business
establishments on each of the respective floors and
shall include the basement floor, cellar floor, elevator
shafts and stair wells at each floor, floor space used
for mechanical equipment, whether open or enclosed,
including such equipment as may be located on the roof,
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pent - house, attic space, balconies, mezzanines,
porches and verandas, floor area devoted to and
occupied by accessory uses. In computing such
floor area, there shall not be included open area
devoted to vehicular parking or loading or storage
of materials, roof area not occupied by equipment,
mechanical equipment, tanks and the like.
SECTION 3: Applications. Applications for all licenses
and permits required by Ordinance shall be made in writing to
the Village 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, and each application shall con-
- tain such additional information as may be needed for the proper
guidance of the Village officials in the issuing of the license
or permit applied for.
SECTION 4: Persons Subject to License. Wherever in this
Ordinance a license is required for the maintenance, operation,
or conduct of any business or establishment, or for doing business
or engaging in any activity or occupation, every person shall be
subject to the requirements if, by himself or through an agent or
employee, he holds himself forth as being engaged in the business
or occupation; or solicits patronage therefor, actively or passively;
or performs or attempts to perform any such business or occupation
in the Village.
SECTION 5: Forms. Forms for all licenses and permits and
applications therefor shall be prepared and kept on file by the
Village Clerk. Each license or permit issued shall bear the signature
of the Village Clerk in the absence of any provisions to the contrary.
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SECTION 6: Investigations.
Upon the receipt of an appli-
cation for a license where any ordinance of the Village necessitates
an inspection or investigation before the issuance of such license,
the Village Clerk shall refer such application to the proper officer
for making such investigation within forty -eight hours of the time
of such receipt. The officer charged with the duty of making the
investigation or inspection shall makke a written report thereon,
favorable or otherwise within ten days after receiving the appli-
cation or a copy thereof. The health officer shall make or cause
to be made an inspection in regard to such licenses in the connection
of the care and handling of food and the preventing of nuisance and
the spread of disease for the protection of health; the building
inspector shall make or cause to be made any inspections relative
to the construction of buildings or other structures and the fire
marshal.l shall make any inspections necessary to assure compliance
with the local and state fare regulations. It will be the duty of
the responsible officer to determine the business, moral character
and financial responsibility of the applicant. All other investi-
gations, except where otherwise provided, shall be made by the
Chief of Police or by some other Village employee designated by
the President.
If, as a result of such investigation, the applicant's
character, business responsibility, or other matters concerning
the application are found to be unsatisfactory, said application
shall be submitted to the Village President who shall endorse on
such application the disapproval and reasons therefor and return
the application to the Village Clerk with directions not to issue
the license. The Village Clerk shall promptly notify the applicant
that his application is disapproved, and that no license will be-
issued.
SECTION 7: Fees. Each and every license authorized or
required by any provisions of this Ordinance shall be issued by
the Village Clerk upon payment of the prescribed fee or tax in
accordance with the schedule hereafter set out in Section 17
herein, or as otherwise provided. Except as otherwise provided
all license fees shall become a part of the Corporate Fund. In
no event shall any rebate or refund be made of any license fee
or part thereof by reason of death of the licensee or by any
reason of non -use of the license or discontinuance of the operation
of the licensed establishment.
SECTION 8: Bonds. The Village President is hereby authorized
to approve the security in all cases where any ordinance requires
a bond to be given to the Village before such license shall be
issued and said bond when so approved shall be filed in the Office
of the Village Clerk.
SECTION 9: Termination of Licenses.. All licenses shall
terminate on anniversary date of original issue where no provision
to the contrary is made.
a. The Village Clerk shall mail to all licensees of the
the Village a statement of the time of expiration of
the license held by licensee, if an annual license, three
(3) weeks prior to the date of such expiration. Provided
that a failure to send out notice shall not excuse a
licensee from obtaining a renewal thereof nor shall it
be a defense for operation without a license.
b. Licenses shall be valid for the period stated thereon.
SECTION 10: Building and Premises. No license shall be issued
for the conduct of any business for anything or act if the premises,
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buildings, or location to be used for the purpose do not fully
comply with the requirements of all ordinances relating thereto.
SECTION 11. Location. Licenses are not transferable.
No license for the operation of a Licensed establishment in the
Village shall be construed by any person to permit the operation
of a licensed establishment in more than one (1) location in
the Village. A separate license shall be required for each Location.
For the purposes of this ordinance the determination of one (1)
location shall be construed that all buildings containing the
principal or accessory uses shall be` connected or on the same lot
or parcel, be operated and managed by the same person or owner,
and be an establishment with the same classification; provided,
however, that two (2) or more buildings separated by one (1) or
more dedicated public rights of way or by one (l) or more buildings
or vacant lots or parcels shall not be considered as one (1)
location.
SECTION 12: Nuisances. No business, licensed or not, shall
be so conducted or operated as to amount to a nuisance in fact.
SECTION 13: Inspections
a. Whenever inspections of the premises used 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 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,
for the purpose of making the inspection, any officer or
employee of the Village who is authorized or directed
to make such inspection at any reasonable time that
admission is required.
b. Whenever an analysis of any commodity or material is
reasonably messary to secure performance with any
ordinance 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 give to any
authorized officer, or employee of the Village requesting
the same, sufficient samples of such material or commodity
for such analysis upon request.
C. In addition to any other penalty which may be provided
the Village President
licensed owner of any
who refuses to permit
is authorized to make
to make the inspection
of the said commodity
may revoke the license of any
licensed business in the Village
any such officer or employee who
such inspection or take such sample
or to take an adequate sample
or who interferes with such officer
or employee while in the performance of his duties in
making such inspection, provided, that no license shall
be subject to revocation for such cause unless written
demand is made upon the licensee or person in charge
of the premises in the name of the Village stating that
such inspection or sample is desired at the time it is
sought to make the inspection or obtain the sample.
SECTION 14. Posting License. It shall be the duty of every
person conducting a licensed business in the Village to keep his
license posted in a prominent place on the premises used for such
business at all tames.
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Section 15: Suspension and Revocation of License or Permit.
a. When the conduct of any licensee, agent or employee
b.
c.
is so inimical to the public health, safety, and
general welfare as to constitute a nuisance and thus
give rise to an emergency, the Village President shall
have the authority to summarily order the cessation of
business, the close of premises, and suspension of
license for a period not to exceed ten (10) days.
Within five (5) days after he has acted summarily, the
Village President shall conduct a hearing for the purpose
of determining whether or not the license should be
revoked in accordance with sub - sections (d) and (e)
of this Section.
Licenses issued under any ordinance of the Village,
unless otherwise provided, may be revoked by the
Village President after notice and hearing as provided
in sub- sections (d) and (e) of this Section for any
of the following causes:
1. Any fraud, misrepresentation, or false state-
meat contained in the application for the license;
2. Any violation by the licensee of the Ordinance
provisions relating to the license, the subject
matter of the license, or to the premises occupied;
3. Conviction of the licensee of any felony or of a
misdemeanor involving moral turpitude;
4. Failure of the licensee to pay any fine or penalty
owing to the Village;
MIS
5. Refusal to permit inspection, take sample or
interference with an authorized Village officer
or employee while in the performance of his
duties in making such inspections as provided
in sub - section (c) of Section 13.
Which said revocation if ordered shall not be in lieu of
any other provision imposing a penalty for the violation
of any Section of any ordinance of the Village.
d. Notice of the hearing for revocation of a license
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 seat by
certified mail, return receipt requested, to the
licensee to their last known address at least
five (5) days prior to the date set for the hearing.
e. Hearing. The Village attorney shall present the
complaint and shall represent the Village. The
licensee shall be permitted counsel and shall have
the right to submit evidence and cross- examine
witnesses. The Village President shall preside and
shall render the decision.
SECTION 16: eat. Any person aggrieved by the decision
of the Village President in regard to the denial of the application
as hereinabove provided in Section 5 hereof, or in connection
with the revocation of a license as provided in Section 15
hereof, shall have the right to appeal to the corporate authorities.
Such appeal shall be taken by filing with the Board of Trustees,
within ten (10) days after notice of a denial of an application or
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a revocation, a written statement under oath setting
forth
specifically the grounds for
appeal.
The Board of Trustees
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 in the
same manner as provided
in Section
15 hereof. The decision of
the Board
of Trustees on
such appeal
shall be final.
SECTION 17: License Fee Schedule. Yearly fees
for
licenses to permit the operation of commercial establishments
in the Village shall be as follows:
FLOOR AREA IN
YEARLY
CLASSIFICATION STEP
SQUARE FEET
LICENSE FEE
A -Food Establishment
1
0 - 1,000
35.00
A -Food Establishment
2
1,001 - 5,000
55.00
A -Food Establishment
3
5,001 - 10,000
75.00
A -Food Establishment
4
10,001 - 20,000
130.00
A -Food Establishment
5
20,001 and over
150.00
B- Service Establishment
1
0 - 11000
30.00
B- Service Establishment
2
1,001 - 5,000
35.00
B- Service Establishment
3
5,001 - 10,000
45.00
B- Service Establishment
4
10,001 - 20,000
75.00
B- Service Establishment
5
20,001 and over
110.00
C- Retail Sales Establishment
1
0 - 11000
20.00
C- Retail Sales Establishment
2
1,001 - 5,000
30.00
C- Retail Sales Establishment
3
5,001 - 10,000
40.00
C- Retail Sales Establishment
4
10,001 - 20,000
60.00
C- Retail Sales Establishment
5
20,001 and over
90.00
b. Floor Area Applicable. Floor
area shall be calculated
as herein defined. Total floor area applicable for the
determination of the
yearly license fee shall
include
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the sum total of all the floor area in use or
reserved for or retained for the use of the commercial
establishment, including but not restricted to
principal and accessory uses floor area, cellars
and basements, even though any such floor area may
be temporarily or permanently vacant or not in use.
c. Should the operation and management of a commercial
establishment in one location by the same owner or
person involve the operation of two or more connected
commercial establishment classifications as herein
defined either by principal or accessory use, then
and in that event a yearly license fee shall be
required as follows:
For commercial establishments with a total floor
area under 5,000 square feet:
1. The commercial establishment classification
which occupies the greatest floor area shall
be the classification under which the yearly
license fee shall be determined and required
based on the total floor area of the commercial
establishment.
2. If two or more commercial establishment
classifications are determined to be the
classifications occupying the greatest floor
area with equal floor areas, the classification
under which the yearly license fee shall be
determined and required based on the total floor
area of the commercial establishment shall be
as follows:
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i. If the aforesaid and described classification
include a food establishment, then the food
establishment fees shall apply for the total
floor area.
ii. If the aforesaid and described classifications
include a service establishment but not a
food establishment, then the service establish-
ment fee shall apply for the total floor area.
d. For commercial establishments with a total floor area
of 5,000 square feet or more, each commercial establish-
ment classification occupying 1,000 or more square
feet shall be required to purchase a separate yearly
license in accordance with the schedule of yearly
license fees as set forth herein for the total floor
area specifically occupied by the particular commercial
establishment classification; provided, however, as
follows:
1. If one of the aforesaid and described classifications
is a food establishment, then the food establishment
fees shall apply for the total floor area of the
food establishment and to include the total re-
maining floor area of all other commercial establish-
ment classifications and accessory uses occupying
individually less than 1,000 square feet of total
floor area.
2. If one of the aforesaid and described classifications
is a service establishment with the food establishment
total floor area, if any, under 1,000 square feet, then
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SECTION 20. Conflict with other Ordinances. Where
there is another Ordinance in force governing a specific
license, the provisions of said Ordinance shall apply to the
specific license; otherwise the provisions of this Ordinance
shall be controlling.
SECTION 21. This Ordinance shall be in full force and
effect from and after its passage, approval and publication
as provided by law.
Passed and Approved this .:' day of , 1969.
AYES: NAYS: > ABSENT:: z
Pr sident.
ATTEST:
Village C erk.
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the service establishment fees shall apply for the
total floor area of the service establishment
and to include the total remaining floor area
of all other commercial establishment classifi-
cations and accessory uses occupying individually
less than 1,000 square feet of total floor area.
SECTION 18: :enforcement. It shall be the duty of the
Village Clerk or such employee or officer as may be designated
by him to examine or cause to be examined all persons and places
of business subject to license for the purpose of ascertaining
whether or not such licenseshave been procured. In case of the
neglect or refusal of any person to procure a license as required
by this Ordinance, the Village Clerk, or such employee or officer
designated by him, shall have the authority, and it shall be
his duty to take such action as he deems necessary to enforce
said license requirement.
The Village Clerk and all license investigators:, officers
and employees designated by him shall have full !EddW powers
to enforce the license provisions of this Ordinance, and shall
have the right of entry, at any time to any place of business
for which a license is required by this Ordinance, for the purpose
of ascertaining whether or not the said license provisions have
been complied with.
SECTION 19. ]Penalty. Any person, violating any provision
of this Ordinance, shall be fined not more than Five Hundred
($500.00) Dollars for each offense; and a separate offense shall
be deemed committed on each day during or on which a violation
occurs or continues.
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CERTIFICATE OF PUBLICATION
PADDOCK PUBLICATIONS, INC.
A Corporation organized and existing under and by virtue of the laws of the
State of Delaware, DOES HEREBY CERTIFY That it is the publisher
of_ The Wheeling Herald
That said The Wheeling Herald ;s a secular
newspaper and has been published Tri- weekly in the Village of
Wheeling ng y County of Cook
and State of Illinois, continuously for more than one year prior to, on and since
the date of the first publication of the notice hereinafter referred to and is of gen-
eral circulation throughout said Village, County and State.
I further certify that The Wheeling Herald
is a newspaper as defined in "an Act to revise the law in relation to notices" as
amended by Act approved July 17, 1959 —Ill. Revised Statutes, Chap. 100,
Para. 1 and 5.
That a notice of which the annexed printed slip is a true copy, was published m
said Wheeling Herald , on the
30th: day of June , A.D. 195 9 .
IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICA-
TIONS, Inc., has caused this certificate to be signed and its corporate seal affix-
ed hereto, by FRANCIS E. STITES, its Secretary, at Arlington Heights, Illinois,
this 30th day of June , A.D. 196—.
PADDOCK PUBLICATIONS, INC.
By. �" Secretary.
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