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1985-0579/.25/85 o • ORDINANCE NO. 85 -57 AN ORDINANCE AMENDING CHAPTER 5.04, BUSINESS LICENSES WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. 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. Chapter 5.04 of the Village of Buffalo Grove is amended to read as follows: Chapter 5.04 BUSINESS LICENSES Rpr-f- i nn .q: 5.04.010 Definitions. 5.04.020 Requirement. 5.04.030 Application. 5.04.040 Investigations. 5.04.050 Duration. 5.04.060 Nontransferable. 5.04.070 Posting. 5.04.080 Suspension. 5.04.090 Revocation. 5.04.100 Revocation - Appeal. 5.04.110 Fees. 5.04.120 Separate locations require separate licenses. 5.04.130 Change in Location. 5.04.140 Nuisance prohibited. 5.04.150 Nudity prohibited. 5.04.160 Premises - Inspections. 5.04.010 - Definitions. The words and terms set forth in this section, wherever they occur in this chapter, shall be construed as defined in this section: A. "Accessory use" is a use customarily and exclusively incidental to the principal building or use which it serves and which is located on the same zoning lot as the principal building or use. B. "Basement" is a story having part, but not more than one -half (1/2) of its height below grade. C. "Business Activity" includes the following: 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 consumption on or off the premises or serving or storage of food, foodstuff, or drink for consumption on or off the premises or in or out of the building, such as facilities commonly known as "mini- marts" will fall under this definition. 0 0 2. "Retail and Wholesale Sales Establishment" is a building or premises or portion thereof the principal use of which is for the sale or distribution of any commodity or material goods for a price or fee by a seller to a consumer or by one business to another business. The sale or distri- bution of a commodity or material good is not included or related to the services of food establishments or service establishments. 3. "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 a price or fee whether or not a commodity or material good is worked upon or exchanged. 4. "Industrial Establishment" is a building or premises or a portion thereof the principal use of which is for manufacturing, including assembly, processing, fabrica- tion and storage, including scientific or manufacturing research, engineering, and development. D. "Cellar" is a portion of a building having more than one -half (1/2) of its floor to clear ceiling height below lot grade. E. "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 exterior walls or from the centerline of party walls separating two buildings or business establishments on each of the respective floors and includes 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, penthouse, attic space, balconies, mezzanines, porches and verandas, floor area devoted to and occupied by acces- sory 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 equip- ment, mechanical equipment, tanks and the like. F. "Licensee" is any individual, firm, association, partnership, corporation, trust or any other legal entity licensed or subject to license. 5.04.020 - Requirement. It shall be unlawful for any person to conduct, either directly or indirectly, any business activity without first having obtained a license. 5.04.030 - Application. Applications for all licenses shall be made in writing to the Village on the form provided. 5.04.040 - Investigations. A. When an ordinance authorizes or necessitates an investigation by any department or official of the Village before the issuance of a license, and requires the approval of such department or official regarding the proper location or condition of the premises in which the business activity for which the license is applied is to be managed, con- ducted, operated or carried on, or regarding the condition and nature of the equipment and methods intended to be used by the applicant in such business activity, the Village Clerk shall transmit to the appropriate official or depart - ment such information necessary for the required investiga- tion or inspection. -2- 0 0 B. The designated official or department shall make the necessary investigations and inspections, and if warranted, the results shall be reported in writing to the Village Clerk. The designated official or department shall indicate on the application a recommendation for the approval or disapproval thereof. C. The application and investigative reports shall be forwarded to the Village President for determination of compliance with all Village Ordinance and applicable statutes. If approved, the Village Clerk shall issue the license. If not, applicant shall be advised that the license has been denied. 5.04.050 - Duration. All licenses issued under this chapter shall terminate on December 31st of each year; provided, that the fee for licenses issued for less than a year shall be prorated for the period from the date of issuance to the end of the year. 5.04.060 - Nontransferable. No licensee may be assigned, sold, loaned, transferred, used as collateral or otherwise encumbered. No person shall use or display any license which has been improperly acquired. 5.04.070 - Posting. Licenses shall be posted in a prominent place on the premises used for such business. 5.04.080 - Suspension. A. When the conduct or operation of any business or establishment, whether or not licensed, shall constitute a nuisance or a clear and present danger to the public health, safety or general welfare, the Village Manager or in his absence his designated representative shall have the authority to summarily order the cessation of business and the closing of the premises, and the suspension of any valid license for a period not to exceed ten (10) days. B. Within five (5) days after he has so acted, the Village Manager or his designated representative shall call a hearing for the purpose of determining whether or not the license should be revoked. 5.04.090 - Revocation. A. Licenses may be revoked by the Village President after notice and hearing for any of the following causes: 1. Any fraud, misrepresentation, or false statement contained in the application for the license; 2. Any violation by the licensee of the 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; 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 inspections. B. Any revocation shall not preclude prosecution and imposition of any other penalties for the violation of other Village ordinances. QcC O 0 C. Notice of the hearing for revocation of a license shall be given in writing, setting forth 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 at his last known address at least five days prior to the date set for the hearing. D. 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 to cross - examine witnesses. The Village President shall preside and shall render the decision. 5.04.100 - Revocation - Appeal. Any person aggrieved by the decision of the Village Clerk in regard to the denial of the application or in connection with the revocation of a license shall have the right to appeal to the Corporate Authorities. Such appeal shall be taken by filing with the Village Clerk, within ten 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 Corporate Authorities 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 5.04.090.C. The decision of the Corporate Authorities on such appeal shall be final. 5.04.110 - Fees. A. A yearly fee charged for licenses shall be based on the following: Classification and Floor Area Fee Food Establishments 0 - 1,000 square feet $70.00 1,001 - 5,000 square feet $85.00 5,001 - 10,000 square feet 150.00 10,001- 20,000 square feet 225.00 20,001 and over 275.00 Service Establishments with Accessory Food Service 0 - 1,000 square feet $50.00 1,001 - 5,000 square feet 65.00 5,001 - 10,000 square feet 80.00 10,001- 20,000 square feet 90.00 20,001 and over 125.00 Service Establishments 0 - 1,000 square feet $40.00 1,001 - 5,000 square feet 45.00 5,001 - 10,000 square feet 70.00 10,001- 20,000 square feet 90.00 20,001 and over 125.00 Retail and Wholesale Sales Establishments 0 - 1,000 square feet $40.00 1,001 - 5,000 square feet 45.00 5,001 - 10,000 square feet 70.00 10,001- 20,000 square feet 90.00 20,001 and over 125.00 -4- Industrial Establishments 0 - 5,000 square feet $80.00 5,001 - 10,000 square feet 100.00 10,001- 20,000 square feet 125.00 20,001- 50,000 square feet 150.00 50,001 and over 200.00 Industrial Establishments with Food Processing 0 - 5,000 square feet 100.00 5,001 - 10,000 square feet 125.00 10,001- 20,000 square feet 150.00 20,001 - 50,000 square feet 200.00 50,001 and over 250.00 Industrial Establishments with Food Accessor 0 - 5,000 square feet $90.00 5,001 - 10,000 square feet 115.00 10,001- 20,000 square feet 135.00 20,001- 50,000 square feet 175.00 50,001 and over 225.00 B. Floor area shall be calculated as defined in Section 5.04.010. Total floor area applicable for the determination 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 business activity, including but not restricted to principal and accessory use floor area, cellars, and basements, even though any such floor area may be temporarily or permanently vacant or not in use. C. Every person engaged in any classification of business specified in this section shall pay the highest fee for any such occupation or business in which so engaged, which shall entitle the licensee to engage in any other occupation or business licensed hereunder without procuring additional licenses as provided for herein as long as such sundry uses are in conformance with the provisions of this Code. 5.04.120 - Separate locations reauire separate licenses. 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 location in the Village. A separate license shall be required for each location. For the purposes of this chapter, the determination of one location shall be con- strued 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 or more buildings separated by one or more dedicated public rights -of -way or by one or more buildings or vacant lots or parcels shall not be considered as one location. 5.04.130 - Change in Location. The location of any licenses business activity may be changed, provided then (10) days notice thereof is given to the Village Clerk. -5- 5.04.140 - Nuisance'Prohibited. No business activity, whether or not licensed shall be so conducted or operated as to constitute a nuisance; and no building, vehicle, struc- ture, yard, lot, premises, or part thereof, shall be used, kept, maintained or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. 5.04.150 - Nudity Prohibited. No person licensed under this chapter shall permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which: 1. Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 3. Exposes any portion of the female breast at or below the areola thereof. 5.04.160 - Premises - Inspections. A. Whenever inspections of the premises used for or in connection with the operation of a licensed business 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 necessary 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. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval, and publication. This Ordinance may be published in pamphlet form. AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES : 0 - None ABSENT: 0 - None PASSED: October 7 , 1985 APPROVED: October 7 , 1985 PUBLISHED: October 8 , 1985 ATTEST: llage Clerk APPROVED: Village President s VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS _DAY OF (Ot-j -- , 19�. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook &—Lake Counties, Illinois, this day of 19 �� Village Clerk ' 9/,25/85 ORDINANCE NO. 85 -57 AN ORDINANCE AMENDING CHAPTER 5.04, BUSINESS LICENSES WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. 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. Chapter 5.04 of the Village of Buffalo Grove is amended to read as follows: Chapter 5.04 BUSINESS LICENSES Sections: 5.04.010 Definitions. 5.04.020 Requirement. 5.04.030 Application. 5.04.040 Investigations. 5.04.050 Duration. 5.04.060 Nontransferable. 5.04.070 Posting. 5.04.080 Suspension. 5.04.090 Revocation. 5.04.100 Revocation - Appeal. 5.04.110 Fees. 5.04.120 Separate locations require separate licenses. 5.04.130 Change in Location. 5.04.140 Nuisance prohibited. 5.04.150 Nudity prohibited. 5.04.160 Premises - Inspections. 5.04.010 - Definitions. The words and terms set forth in this section, wherever they occur in this chapter, shall be construed as defined in this section: A. "Accessory use" is a use customarily and exclusively incidental to the principal building or use which it serves and which is located on the same zoning lot as the principal building or use. B. "Basement" is a story having part, but not more than one -half (1/2) of its height below grade. C. "Business Activity" includes the following: 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 consumption on or off the premises or serving or storage of food, foodstuff, or drink for consumption on or off the premises or in or out of the building, such as facilities commonly known as "mini- marts" will fall under this definition. 2. "Retail and Wholesale Sales Establishment" is a building or premises or portion thereof the principal use of which is for the sale or distribution of any commodity or material goods for a price or fee by a seller to a consumer or by one business to another business. The sale or distri- bution of a commodity or material good is not included or related to the services of food establishments or service establishments. 3. "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 a price or fee whether or not a commodity or material good is worked upon or exchanged. 4. "Industrial Establishment" is a building or premises or a portion thereof the principal use of which is for manufacturing, including assembly, processing, fabrica- tion and storage, including scientific or manufacturing research, engineering, and development. D. "Cellar" is a portion of a building having more than one -half (1/2) of its floor to clear ceiling height below lot grade. E. "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 exterior walls or from the centerline of party walls separating two buildings or business establishments on each of the respective floors and includes 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, penthouse, attic space, balconies, mezzanines, porches and verandas, floor area devoted to and occupied by acces- sory 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 equip- ment, mechanical equipment, tanks and the like. F. "Licensee" is any individual, firm, association, partnership, corporation, trust or any other legal entity licensed or subject to license. 5.04.020 - Requirement. It shall be unlawful for any person to conduct, either directly or indirectly, any business activity without first having obtained a license. 5.04.030 - Application. Applications for all licenses shall be made in writing to the Village on the form provided. 5.04.040 - Investigations. A. When an ordinance authorizes or necessitates an investigation by any department or official of the Village before the issuance of a license, and requires the approval of such department or official regarding the proper location or condition of the premises in'which the business activity for which the license is applied is to be managed, con- ducted, operated or carried on, or regarding the condition and nature of the equipment and methods intended to be used by the applicant in such business activity, the Village Clerk shall transmit to the appropriate official or depart- ment such information necessary for the required investiga- tion or inspection. CM B. The designated official or department shall make the necessary investigations and inspections, and if warranted, the results shall be reported in writing to the Village Clerk. The designated official or department shall indicate on the application a recommendation for the approval or disapproval thereof. C. The application and investigative reports shall be forwarded to the Village President for determination of compliance with all Village Ordinance and applicable statutes. If approved, the Village Clerk shall issue the license. If not, applicant shall be advised that the license has been denied. 5.04.050 - Duration. All licenses issued under this chapter shall terminate on December 31st of each year; provided, that the fee for licenses issued for less than a year shall be prorated for the period from the date of issuance to the end of the year. 5.04.060 - Nontransferable. No licensee may be assigned, sold, loaned, transferred, used as collateral or otherwise encumbered. No person shall use or display any license which has been improperly acquired. 5.04.070 - Posting. Licenses shall be posted in a prominent place on the premises used for such business. 5.04.080 - Suspension. A. When the conduct or operation of any business or establishment, whether or not licensed, shall constitute a nuisance or a clear and present danger to the public health, safety or general welfare, the Village Manager or in his absence his designated representative shall have the authority to summarily order the cessation of business and the closing of the premises, and the suspension of any valid license for a period not to exceed ten (10) days. B. Within five (5) days after he has so acted, the Village Manager or his designated representative shall call a hearing for the purpose of determining whether or not the license should be revoked. 5.04.090 - Revocation. A. Licenses may be revoked by the Village President after notice and hearing for any of the following causes; 1. Any fraud, misrepresentation, or false statement contained in the application for the license; 2. Any violation by the licensee of the 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; 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 inspections. B. Any revocation shall not preclude prosecution and imposition of any other penalties for the violation of other Village ordinances. -3- C. Notice of the hearing for revocation of a license shall be given in writing, setting forth 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 at his last known address at least five days prior to the date set for the hearing. D. 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 to cross - examine witnesses. The Village President shall preside and shall render the decision. 5.04.100 - Revocation - Appeal. Any person aggrieved by the decision of the Village Clerk in regard to the denial of the application or in connection with the revocation of a license shall have the right to appeal to the Corporate Authorities. Such appeal shall be taken by filing with the Village Clerk, within ten 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 Corporate Authorities 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 5.04.090.C. The decision of the Corporate Authorities on such appeal shall be final. 5.04.110 - Fees. A. A yearly fee charged for licenses shall be based on the following: Classification and Floor Area Fee Food Establishments 0 - 1,000 square feet $70.00 1,001 - 5,000 square feet $85.00 5,001 - 10,000 square feet 150.00 10,001- 20,000 square feet 225.00 20,001 and over 275.00 Service Establishments with Accessory Food Service 0 - 1,000 square feet $50.00 1,001 - 5,000 square feet 65.00 5,001 - 10,000 square feet 80.00 10,001- 20,000 square feet 90.00 20,001 and over 125.00 Service Establishments 0 - 1,000 square feet $40.00 1,001 - 5,000 square feet 45.00 5,001 - 10,000 square feet 70.00 10,001- 20,000 square feet 90.00 20,001 and over 125.00 Retail and Wholesale Sales Establishments 0 - 1,000 square feet $40.00 1,001 - 5,000 square feet 45.00 5,001 - 10,000 square feet 70.00 10,001- 20,000 square feet 90.00 20,001 and over 125.00 -4- Industrial Establishments 0 - 5,000 square feet $80.00 5,001 - 10,000 square feet 100.00 10,001- 20,000 square feet 125.00 20,001- 50,000 square feet 150.00 50,001 and over 200.00 Industrial Establishments with Food Processin 0 - 5,000 square feet 100.00 5,001 - 10,000 square feet 125.00 10,001- 20,000 square feet 150.00 20,001- 50,000 square feet 200.00 50,001 and over 250.00 Industrial_ Establishments with Food Accessor 0 - 5,000 square feet $90.00 5,001 - 10,000 square feet 115.00 10,001- 20,000 square feet 135.00 20,001- 50,000 square feet 175.00 50,001 and over 225.00 B. Floor area shall be calculated as defined in Section 5.04.010. Total floor area applicable for the determination 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 business activity, including but not restricted to principal and accessory use floor area, cellars, and basements, even though any such floor area may be temporarily or permanently vacant or not in use. C. Every person engaged in any classification of business specified in this section shall pay the highest fee for any such occupation or business in which so engaged, which shall entitle the licensee to engage in any other occupation or business licensed hereunder without procuring additional licenses as provided for herein as long as such sundry uses are in conformance with the provisions of this Code. 5.04.120 - Separate locations require separate licenses. 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 location in the Village. A separate license shall be required for each location. For the purposes of this chapter, the determination of one location shall be con- strued 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 or more buildings separated by one or more dedicated public rights -of -way or by one or more buildings or vacant lots or parcels shall not be considered as one location. 5.04.130 - Change in Location. The location of any licenses business activity may be changed, provided then (10) days notice thereof is given to the Village Clerk. MI: 5.04.140 - Nuisance 'Prohibited. No business activity, whether or not licensed shall be so conducted or operated as to constitute a nuisance; and no building, vehicle, struc- ture, yard, lot, premises, or part thereof, shall be used, kept, maintained or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. 5.04.150 - Nudity Prohibited. No person licensed under this chapter shall permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which: 1. Exposes his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 2. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 3. Exposes any portion of the female breast at or below the areola thereof. 5.04.160 - Premises - Inspections. A. Whenever inspections of the premises used for or in connection with the operation of a licensed business 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 necessary 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. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval, and publication. This Ordinance may be published in pamphlet form. AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES : 0 - None ABSENT: 0 - None PASSED: October 7 , 1985 APPROVED: October 7 , 1985 PUBLISHED: October 8 1985 APPROVED: _:�7/ I, Village President ATTEST: Qa1w yl , 211a&4, llage Clerk -6-