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1975-0260 0 ORDINANCE NO. 75 - o?4 AN ORDINANCE REGULATING CLOSING HOURS WHEREAS, the operation of retail establishments during the hours between midnight and seven A.M. in close proximity to residences is considered to be detrimental to the public health and welfare in that such operation is a violation of the right of the individual to the quiet enjoyment of his /her living quarters; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: Section 1. That where the building line or portions thereof of a retail structure or the customer parking area or driveway and /or portion thereof is located within 80 feet of a building line of a residential structure, the operation of same between the hours of Midnight and Seven A.M. is prohibited. Section 2. Any person, firm or corporation violating any of the provisions hereof shall be fined not less than $10.00, nor more than $500.00 for each offense. Each niqht that the violation continues shall be considered a separate offense. form. Section 3. This ordinance may be published in pamphlet Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. - 2 - AYES: G NAYES: O Passed: Q ..ee 1-5 , 1975 Approved: Orz. /3 , 1975 Publ i shed • .w, 1975 % 4 Attest: Village Clerk 0 ABSENT: d Approved: (fA",Jl Village President ORDINANCE NO. 75 - o?l/ AN ORDINANCE REGULATING CLOSING HOURS WHEREAS, the operation of retail establishments during the hours between midnight and seven A.M. in close proximity to residences is considered to be detrimental to the public health and welfare in that such operation is a violation of the right of the individual to the quiet enjoyment of his /her, living quarters; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: Section 1. That where the building line or portions thereof of a retail structure or the customer parking area or driveway and /or portion thereof is located within 80 feet of a building line of a.residential structure, the operation of same between the hours of Midnight and Seven A.M. is prohibited. Section 2. Any person, firm or corporation violating any of the provisions hereof shall be fined not less than $10.00, nor more than $500.00 for each offense. Each night that the violation continues shall be considered a separate offense. Section 3. This ordinance may be published in pamphlet form. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. li �� IV Ordinance No. 0 -69 -9 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 GROVE, ILLI- NOIS: SECTION 1. Purposes and Jurisdiction. Because each com- mercial establishment located in the Village is a basic part of and affects the physical and economic well-being of the Village neces- sitating special services from the Village in the form of fire, health, and police inspections and services, such commercial es- tablishments 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 es- tablishments 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 com- mercial activities or commerce within the Village. SECTION 2. Rules 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 per- missive. d. The masculine gender includes the feminine and neuter. 2. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parenthesis directly after a word herein defined shall be con - strued 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 sub- ordinate 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 under. ground but having less than one -half its clear floor to ceiling height below the average grade of the adjoining 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 to ceiling height below the average grade of the 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. OWNER is any individual, firm, association, partnership, cor- poration, trust or any other legal entity having sufficient pro- Prietary interest in the endeavor subject to license to maintain and manage its operation. PERSON is any individual, firm, association, partnership, co ation, trust or any other legal entity. LICENSEE is any 'mlividual, firm, association, partnership, corporation, trust, or any other legal entity licensed or subject to license. h. COMMERCIAL ESTABLISHMENT shall include the follow- ing activities of a mmerce or commercial activity located in the Village: 1. FOOD ESTABLISHMENT is a building or emises 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 consumption on or off the premises or in or out of the building. 2. SERVICE ESTABLISHMENT is a building or promises or a portion thereof, the principal use of which is for the rend,rurg of Personal or maternal services for profit, the wholesale distribution or storage of material goods or chat- . tel, 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 build- ing material or electric equipment or mechanical equip- ment, 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 sim- iliar 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 per- sons, 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 ESTABLISHMENT is a buckling or Premises or portion thereof, the principal use of which is for the retail sale or distribution of material goods or chat- tel not included with or related to the sale of material goods or chattel or the provision of services of food estab- hments or service establishments. L FLOOR AREA is the sum 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 ex- terior walls or from the center line of party walls separating two buildings or business establishments on each of the re- spective 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, pem- hovse, attic space, balconies, mezzanines, porches and ver- - andas, floor era 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 contain 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 passive- 1 1G _ . L tLI .... his application is disapproved, and that no license will be issued. SECTION 7: Fees. Each and every license authorized or re quired by any provisions of this Ordinance shall be issued by thi Village Clerk upon payment of the prescribed fee or tax in accor '.dance with the schedule hereafter set out in Section 17 herein, of as otherwise provided. Except as otherwise provided all lice[& fees shall became a part of the Corporate Fund. In no event shad any rebate or refund be made of any license fee or part thereof b} reason of death of the licensee or by any reason of non -use of th< license or discontinuance of the operation of the licensed estab SECTION 8: Bonds. The Village President is hereby author 'zed to approve the security in all cases where any, ordinance requires a bend to be given to the Village before such license shad be issued and said bond when so approved shalt be filed in the Office of the Vllage Clerk. SECTION 9: Termination of Licenses. All licenses shall termi nate on anniversary date of original issue where no provision G the contrary is mace. a. The Village Clerk shall mail to all licensee of the Village r statement of the time of expiration of the license held bl licensee, if an annual license, three (3) weeks prior to the dot( of such expiration. Provided that a failure to send out otici shall not excuse a licensee from obtaining a renewal thereo 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 is sued for the conduct Of any business for anything or act if thf premises, buildings, or location to be used for the purpose do no fully comply with the requirements of all ordinances relating thereto. SECTION 11: Location. Licenses are of transferable. No li cease for the operation of a licensed establishment in the Village shall be construed by any person to permit the operation of r licensed establishment in more than one (1) location in the Vil lage. A separate license shall be required for each location. Foe the purposes of this ordinance the determination of one (1) Inca tion shall be construed that all buildings containing, the principa: or accessory uses shall be connected or on the same if or parcel be operated and managed by the same person or owner, and be at 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 (1) or more buildings or vacant lots or parcels shall of 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 con nection with the operation of a licensed business or occupatior are provided for or required by ordinance, or are reasonably necessary to secure compliance with any or provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be in. spelled to admit thereto, for the purpose of making the in spection, any officer or employee of the Village who is author ized or directed to make such inspection at any reasonable time that admission is required. b. Whenever an analysis of any commodity or material ie reasonably necessary to secure performance with any ordi. nance or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be in spected, to give to any authorized officer, or employee of the Village requesting the same, sufficient samples of such mate rial or commodity for such analysis upon request. c. In addition to any other penalty which may be' provided, the Village President may revoke the license of any licensed owner of any licensed business in the Village who refuses it permit any such officer or employee who is authorized tc make such inspection or take such sample to make the in. spection er to take an adequate sample of the said commodity or who interferes with such officer or employee while in the Performance of his duties in making such inspection, peso vided, that o 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 times. mit. SECTION 15: Suspension and Revocation of License or Per. a. When the conduct of any licensee, agent or employee 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 suspen- sion of license for a period not to exceed ten (10) days. b. 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 C. Licenses issued under any(ordi�na cee) of the Vfflage, unless otherwise provided, may be revoked by the Village President after notice and hearing as provided in sub-sections (d) and (e) f this Section for any of the following causes: 1. Any. fraud, misrepresentation, or false statement con- . tamed in the application for the license: --y violation Dy me 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 mis- demeanor involving moral turpitude; 4. Failure Of the licensee to pay any fine or penalty owing to the Village; 5. Refusal to permit inspection, take sample or inter- ference with an authorized village officer or employee while in the performance of his duties in making such in- sPections as provided in subsection (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 or revocation of a license shall be given omplaint and the time and plae. of the specifically aring� Such notice shall be sent 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 per -. mated counsel and shall have the right to submit evidence and cross - examine witnesses. The Village President shall pre- side and shall render the decision. SECTION la: Appeal. 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 f a license as provided in Section 15 hereof, shall have the right to appal to the corporate authorities. Such appeal shall be taken by filing with the Board of Trustee, within ten (10) days after notice f a denial of an application or a revocation, a written statement under oath setting forth specifically the grounds for appal. Thee Board of Trustees shall thereupon set the time ,and place far a hearing on such appeal, and notice f such tinning 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 li censes to Permit the operation f commercial establishments in the Ves lage shall be as follows: ly, or performs or attempts to perform any such business or occupation in the Village. Transferred Yearly SECTION 5: Forms. Forms for all licenses and permits and applications therefor shall be prepared and kept on file by the Classification moor area m .License Step square feet Fee A -Food Establishment 1 0-1,000 35,00 Village Clerk. Each license or permit issued shall bear the sign- ture of the Village Clerk in the absence of any provisions to the A -Food Establishment 2 1,001- 5,000 - 55.00 A -Food Establishment 3 5,001 - 10,000 75.00 contrary. A- Food - Establishment 4 10,001 - 20,000 130.00 SECTION 6: Investigations.. Upon the receipt of an application A -Food Establishment 5 20,001 and over 150.00 B- Sem*ce Establishment for a license where any ordinance of the Village necessitates an 1 0-1,000 30.00 B- Service Establishment 2 inspection or investigation before the Village Clerk shall refer such application issuance of such license, the to the proper officer for 1,001 - 5,000 35.00 B- Service Establishment 3 5,001 - 10,000 45.00 making such investigation within forty -eight hours of the time of B- Service B- Service Establishment - 4 10,001- 20,000 75.00 Establishment such receipt. The officer charged with the duty of making the investigation or inspection shall make a written report thereon, 5 20,001 and over 110.00 GRetail Sales Establishment - 1 0-1,000 - 20.00 favorable or otherwise within ten days after receiving the appli- C -Retail Sales Establishment 2 1,001 - 5,000 30.00 cation or a copy thereof. be made an inspection The health officer shall make or cause to in regard to such licenses in the connection C-Retail Sales Establishment 3 5,001 - 1x00 40.00 GRetail Sale Establishment 4 10,001- 2x ,000 50.00 of the care and handling of food and the preventing of nuisance C- Retail Sales Establishment 5 20;001 and over 90.00 and the spread of disease for the protection of health; the building b. Floor Area Applicable. Floor area shall be calculated as inspector shall make or cause to be made any inspections relative to the construction of buildings or other structures and the fire herein defined. Total floor area applicable for the determina- tion of the yearly license fee shall include the sum total of all marshal shall make any inspections necessary to assure com- the floor area in use or reserved for or retained for the use of pliance with the local and state fire regulations. It will be the duty of the responsible officer to determine the business, moral charac- the commercial establishment, including but not restricted to principal and accessory uses floor area, cellars and base - ter and financial responsibility of the applicant. All other in- ments, even though any such floor area may be temporarily vestigations, except where otherwise provided, shall be made by the Chief of Police or by some other Village employee designated or permanently vacant or not in use. C. Should the operation and management of a commercial by the President. If, as a result of such investigation, the applicant's character, establishment in one location by the same owner or person involve the operation of two or more connected commercial business responsibility, or ether matters concerning the appli- cation are found to be unsatisfactory, said application shall be establishment classifications as herein defined either by prin- cipal or accessory use, then and in that event a license submitted to the Village President who shall endorse on such yearly fee shall be required as follows: application the disapproval and reasons therefor, and return the application to the Village Clerk with directions to issue For commercial establishments with a total floor area under 5,000 not the 1 license. The Village Clerk shall promptly notify the applicant that 1 square feet: 1. The commercial establishment classification which ac ire .IliL copies 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. H two or more commercial establishment classifccatiom 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: i. H the aforesaid and described classifications include a food establishment, then the food establishment fees shall apply for the total floor area. u. If the aforesaid and described classifications include a service establishment but not a food establishment, then the service establishment fee shall apply for the total floor area. d. For commercial establishments with a total floor area of 51000 square feet or more, each commercial establishment 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. H 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 remaining floor area of all other com- mercial establishment classifications and accessory uses occupying individually less than 1,000 square, feet of total . floor area. 2. H 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 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 classifies- tions 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 busi- ness subject to license for the purpose of ascertaining whether or not such licenses have 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 desig- nated 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 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 wheth- er 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. SECTION 20: Conflict with other Ordinances. Where there is another Ordinance in force governing a specific license, the provi- sions of said Ordinance shall apply to the specific Hense; other- wise 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 23rd day of June, 1969. AYES: 5 NAYS: 0 ABSENT: 1 DONALD J. THOMPSON ATTEST: President DOROTHY C. HOPKINS Village Clerk Published in Wheeling Herald, June 30,1969. Ordinance No. 28 AN ORDINANCE AUTHORIZING TRANSFERS AMONG APPROPRIATIONS IT ORDAINED BY THE BOARD OF TRUSTEES OF THE ,ING PUBLIC LIBRARY DISTRICT, COOK COUNTY, H. SECTION I. Pursuant to authority granted by the statutes of the State of Illinois, there is hereby transferred within various items of appropriation the sums of money hereinafter itemized which have heretofore been appropriated for each of the respec- tive corporate objects specified in and by the Annual Appropria- tion Ordinance of the Wheeling Public Library District, adopted August 6, 1 said transfers being from one object or purpose to another object it a or purpose set forth in said Annual Appropriation Ppe%! zT and having- been determined that such respective transfers will- of reduce the appropriation for any ob- ject or purpose below an amount sufficient to cover all obligations incurred or to be incurred against such appropriation. The respec- tive suns of money so transferred, .together with the resulting adjustments and changes in the appropriations, are the following: SECTION 2. That the transfers, appropriations and reappro. priations authorized or made by this Ordinance are so authorized and made effective as of the first day of February, 1969, and this Ordinance shall be in operation accordinggl1y. - SECTION 3. That this Ordinance M111 be in full force and effect from the preparation, approval and Publication according to law. PASSED this 24th day of June, 1969. APPROVED this 24th day of June, 1969. CHARLOTTE M.DOLGOPOL ATTEST: President MARY E. BURLINGHAM Secretary Published in Wheeling Herald June 30, 1969. -1i Tel _. le e Transferred Adjusted Original Appropriation - Amount To From Appro- priation 20.1 bIteut s Salaries $ 8,000.00 $3,500.00 $11,500.00 215 Land Purchase $25,000.00 $7,300.00 $17,700.00 22-1 Books $10,000.00 $3,000.00 $13,000.00 22-2 Periodicals $ 450.00 $ 450.00 $. 900.00 22-3 Records $ 200.00 $ 100.00 $ 300.00 224 Rebinding $ 70000 23 -1 Miscellaneous $ 200.00 $ 5000 $ 25000 SECTION 2. That the transfers, appropriations and reappro. priations authorized or made by this Ordinance are so authorized and made effective as of the first day of February, 1969, and this Ordinance shall be in operation accordinggl1y. - SECTION 3. That this Ordinance M111 be in full force and effect from the preparation, approval and Publication according to law. PASSED this 24th day of June, 1969. APPROVED this 24th day of June, 1969. CHARLOTTE M.DOLGOPOL ATTEST: President MARY E. BURLINGHAM Secretary Published in Wheeling Herald June 30, 1969. -1i Tel _. le e m M ',, • Ordinance No. 0 -69 -9 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 GROVE, ILLI- NOIS: SECTION 1. Purposes and Jurisdiction. Because each com- mercial establishment located in the Village is a basic part of and affects the physical and economic well-being of the Village neces- sitating special services from the Village in the form of fire, health, and police inspections and services, such commercial es- tablishments 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 es- tablishments 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 com- mercial activities or commerce within the Village. SECTION 2. Rules 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 per- missive. d. The m- asculine gender includes the feminine and neuter. 2. Whenever a word or term defined hereinafter, appears in the text of this Ordinance, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parenthesis directly after a word herein defined shall be con- . strued 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 sub- ordinate 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 under - ground but having less than one -half its clear our to ceiling height below the average grade of the adjoining 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 adjoining 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, IMnais. OWNER is any individual, firm, association, partnership, cor- poration, trust or any other legal entity having sufficient pro- prietary interest in the endeavor subject to license to maintain and manage its operation. PERSON is any individual; firm, association, partnership, corporation, trust or any other legal entity. LICENSEE is any individual, firm, association, partnership, corporation, trust, or any other legal entity licensed or subjeM to license. h. COMMERCIAL ESTABLISHMENT shall include the follow. ing activities of commerce or commercial activity located in the Village: I. FOOD ESTABLISHMENT is a building or premises or a portion thereof, the principal use of which is for the sale or dispersing or distribution Or serving or storage of food, foodstuff, or drink far cons .motion 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 chat. tel, the sale or servicing or storage of otor equipment; the washing or de or, _Or of fabrics or wearing apparel or f pre the storage or assembly or distrib or repair of build ing material or electric Erin ;or mechanical equip- ment, the storage or distribution of fuels or petroleum products, the services of printing or blue - printing or photo hotel or motel or motor hotel or apartment hotel or similm housing facilities for transient or permanent guests or per. sons, the pprovision of facilities for instruction or training or partuapation or presentation of the fine arts, or athieti( skdls or de of physical skills or dexterity. 8. RETAIL S S ESTABLISHMENT is a building or :premises or portion therecd, the principal use of which is for the retail sale or distribution of material goods or chat- ten not ineumea with or reiatea to me sale a matena Mor chattel' or the provision of services of food estab ents or service establishments. f. FLOOR AREA is the sum total of the gross horizontal area: of the several floors of a building and its accessory building, measured in square feet from the exterior faces of the ex terior walls or from the center line of party walls separatint two buildings or business establishments on each of the re spective floors and shall include the basement floor, cellai 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 Iocated on the roof, pen house, attic space, balconies, mezzanines, porches and ver andas, floor area devoted to and occupied by accessory use In computing such floor area, there shall not be include open area devoted to vehicular parking or loading or storage of materials, roof area not occupied by equipment, mechanics equipment, tanks and the like. SECTION 3: Applications. Applications for all licenses am permits required by Ordinance shall be made in writing to th( Village. Clerk in the absence of provision to the contrary. Eacl application shall state the name of the applicant, the permit ou license desired, the location to be used, if any, the time coverer and the fee to be paid, and each application shall contain suet additional information as may be needed for the proper guidancr of the Village officials in the issuing of the license . or perms applied for. SECTION. 4: Persons Subject ter Aleease. Wherever in the: Ordinance a license is required for tio.Ijiltijilteilance, operation, of conduct of any business or establishmle4,.ar -for doing business of engaging in any activity or oceu every person shall N subject to the requirements if, by or through an agent m employee, he holds himself fortll;all engaged in the busmes: or occupation; or solicits patro tlAeWor, actively or passive ly; or performs or attempts to any such business e occupation in the Village. l: SECTION 5: Forms, Forms for. a licenses and permits anti applications therefor shall be pre d kept on file by the Village Clerk: Each license or permit ' . shall bear the signs ture of the Village Clerk in the absence'bf any provisions to the contrary. - - SECTION 6: Investigations. Upon the receipt of an appilcatior for a license where any ordinance of the Village necessitates at inspection or investigation before the issuance of such license, the Village Clerk shall refer such application to the proper officer fm making such investigation within forty -eight hours of the time of such receipt. The 'officer charged with the duty of making th( investigation or inspection shall make a written report thereon favorable or otherwiset.; .ten days after receiving the appli cation or a copy Ith officer shall make or cause t( be made an i to such licenses in the connection oI the ca and the preventing of no and the s - "' ection of health; the building inspector " made any inspections relativ( to the c dings or Other structures and the fir( marshal any, inspect. - necessary to assure com- pliance e_ lotions. It will be the duty of the he business, moral charac. ter and a applicant. All other in vestigations, provided, shall be made by the Chief of Po err Village employee designated by the President. If, as a result of such investigation, the applicant's character; business responsibility, or other matters concerning the appli. cation are found to be unsatisfactory, said application shall b( 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 re- quired by any provisions of this Ordinance shall be issued by the Village Clerk upon payment of the prescribed fee or tax in accor- dance 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 soy reason of non -use of the license or discontinuance of the operation of the licensed estab lishment. SECTION 8: Bonds. The Village President is hereby author- ized to approve the security in ail 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 Mee of the Village Clerk. SECTION 9: Termination of Licenses. All licenses shall termi- nate on anniversary date of original issue where no provision to the contrary is maue. a. The Village Clerk shall mail to all licensees of 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 is- sued for the conduct of any business for anything or act if the premises, 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 li- cense 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 Vil- lage. A separate license shall be required for each location. For the purposes of this ordinance the determination of one (1) loca- tion 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 (1) 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 con- nection 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 in. spected to admit thereto, for the purpose of making the in- spection, any officer or employee of the Village who is author. ized 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 necessary to secure performance with any ordi- nance or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be in- spected, to give to any authorized officer, or employee of the Village requesting the same, sufficient samples of such mate. rial Or commodity for such analysis upon request. C. In addition to any other penalty which may be provided, the Village President may revoke the license of any licensed owner of any licensed business in the Village who refuses to Permit any such officer or employee who is authorized to make such inspection or take such sample to make the in. spection or to take an adequate sample of the said commodity or who interferes with such officer or employee while in the performance of his duties in making such inspection, Pro- video, 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 times. nit. SECTION 15:, Suspension and Revocation of License or Per. a. When the conduct of any licensee, agent or employee 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 suspen- sion Of license for a period mt to exceed ten (10) days. b. 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. C. 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) this or any of the following causes: If ation, or false statement can - for thelicense- copies 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. H 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: cla I. If the aforesaid food establishment, thencthee food establishmentufees 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 establishment 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 establishment 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 rem ainin floor area of all other com- mercial establishment elass1cations 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 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 Classifica- tions 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 busi- ness subject to license for the purpose of ascertaining whether or not such licenses have 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 desig- nated 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 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 wheth- er 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. SECTION 20: Conflict with other Ordinances.. Where there is another Ordinance in force governing a specific license, the provi- sions of said Ordinance shall apply to the specific House; other- wise 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 23rd day of June, 1969. AYES: 5, NAYS: 0 ABSENT: 1 DONALD J. THOMPSON President ATTEST: DOROTHY C. HOPKINS Village Clerk Published in Wheeling Herald, June 30,1969. Ordinance No. 28 AN ORDINANCE AUTHORIZING TRANSFERS AMONG APPROPRIATIONS BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE WHEELING PUBLIC LIBRARY DISTRICT, COOK COUNTY, II, LINOIS: SECTION 1. Pursuant to authority granted by the statutes of the State of Illinois, there is hereby transferred within various items of appropriation the sums of money hereinafter itemized which have heretofore been appropriated for each of the respec- tive corporate objects specified in and by the Annual- Appropria- tion Ordinance of the Wheeling Public Library. District, adopted August 6, 1968, said transfers being from one object or purpose to another object or purpose set forth in said Annual Appropriation Ordinance, it appearing and having been determined that such respective transfers will not reduce the appropriation for any ob- ject or purpose below an amount sufficient to cover all obligations incurred or to be incurred against such appropriation. The respec- tive sums of money so transferred, together with the resulting adjustments and changes in the appropriations, are the following: Transferred Adjusted Original Amount Appro- Item Appropriation To From priation 2. Any a licensee of the' provisions 1 20-1 -b Assistant's relating to the license, the subject matter of the license, or Salaries $ 8,000.00 $3,500.00 $11,500.00 to the premises occupied; 21 -5 Land Purchase $25,000.00 $7,300.00 $17,700.00 3. Conviction of the licensee of any felony or of a mis- 22-1 mks $10,000.00 $3,000.00 $13,000.00 demeanor involving moral turpitude; 22 -2 Periodicals $ 450.00 $ 450.00 $ 90000 4. Failure of the licensee to pay any fine or penalty owing 22 -3 Records $ 200.00 $ 100.00 $ 300.00 to the Village; 22-4 Rebinding $ 500.00 $ 200.00 $ 700.00 5. Refusal to permit inspection, take sample or inter. 23-1 Miscellaneous $ 200.00 $ 50.00 $ 25000 ference with an authorized Village officer or employee SECTION 2. That the transfers, appropriations and reappro- while in the Performance of his duties in making such in- priations authorized or made by this Ordinance are so authorized spections as provided in sub- section (c) Of Section 13. and made effective as of the first day of February, 1969, and this rich said revocation if ordered shall not be in lieu of any Ordinance shall be in operation accordingly. ler provision imposing a penalty for the violation of any SECTION 3 That this Orrlinanc Section of any ordinance of the Village. d. Notice of the hearing or 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 sent 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 hearin e. Hearing. The Village attorney and shall represent the Village. mitted counsel and shall have th and cross -examine witnesses. The side and shall render the decision. SECTION 16: Appeal. 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 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 Vil- lage shall be as follows: e shall he m full force and effect from the preparation, approval and publication according to law. PASSED this 24th day of June, 1969. APPROVED it& 24th day of June, 1969. CHARLOTTE M.DOLGOPOL President ATTEST: shall present the complaint MARY E. BURLINGHAM The licensee shall be per- Secretary e right to submit evidence Published in Wheeling Village President shall pre. 7 i . r Yearly Floor area in License Classification Step square feet 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 5.20,001and`over 150.00 B- Service Establishment T 0- .1,000 30.00 B- Service Establishment 2 1 - -5,000, 35.00 B- Service Establishment 3 ."0, - 10,000 45.00 B- Service Establishment 4 ?- 20,i1Q0 75.00 B- Service Establishment 5 err 110.00 C -Retail Sales Establishment 1 20.00 C -Retail Sales Establishment 2 1; 5, 30.00 C -Retail Sales Establishment 3 5,001 =10 40.00 C-Retail Sales Establishment 4 10,001- - 60.00 C -Retail Sales Establishment 5. 20,001 ' "over 90.00 b. Floor Area Applicable. Floor area shall be calculated as herein defined. Total floor area applicable for the determina- tion of the yearly license fee shall include 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 base- ments, 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 involvg the. operation of two or more connected commercial establishment classifications as herein defined either by prin- cipal 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 oc- Herald June 30, 1969. It II I! , l �I yyli Ill l �I'