Chapter 10 – Licenses 

Article I.  In General.

Sec. 10-1.        Applications Generally.  [back to top]

Applications for all licenses and permits required by this Chapter or other ordinance of the Village shall be made in writing to the Village Clerk in the absence of any 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 permit or license applied for.

Any application for a business conducted from vehicle shall contain the identification number and State license number of said vehicle.  (Ord. No. 71-66; 83-37) 

Sec. 10-2.        Persons Subject to Required Licenses.  [back to top]

Whenever in this Chapter 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, any person shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation, solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the Village.  (Ord. 71-66.)

Sec. 10-3.        Village Clerk To Prepare and File Forms.  [back to top]

Forms for all licenses, permits and applications therefor shall be prepared and kept on file by the Village Clerk. (Ord. 71-66.)

Sec. 10-4.        Licenses To Bear Signatures of Mayor and Clerk.  [back to top]

Each license or permit issued shall bear the signatures of the Mayor and the Clerk, in the absence of any provision to the contrary. (Ord. 71-66.)

Sec. 10-5.        Investigations and Inspections Generally.  [back to top]

Upon the receipt of any application for a license or permit where the provisions of this Code or other ordinances of the Village necessitate an inspection or investigation before the issuance of such permit or license, the Village Collector shall refer such application to the proper office for making such investigation within forty-eight (48) hours of the time of such receipt.  The officer charged with the duty of making such investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof.  The building inspector shall make or cause to be made any such inspection, relative to the construction of buildings or other structures.  All other investigations, except where otherwise provided, shall be made by the Chief of Police or some other officer designated by the Mayor. (Ord. 71-66.)

Sec. 10-6.        Admittance of Village Officers or Employees to Licensed Premises for Inspection Purposes.  [back to top]

Whenever inspections of the premises used for or in connection with the operation of a licensed business or operation are provided for or required by provisions of this Code or other ordinances of the Village or are reasonably necessary to secure compliance with this Chapter or to detect any violation whereof, 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 requested.  If refusal is made, the officer or employee shall immediately report such refusal to the Village Manager.  The Village Manager shall direct the Village Attorney to secure a search warrant from any associate judge or judge of the Circuit Court of the Eighteenth Judicial Circuit.  (Ord. 71-66.)

Sec. 10-7.        Fees--Schedules.  [back to top]

Effective January 1, 1997, the fees for licenses required by this Chapter shall be in accordance with the schedule of fees contained herein.  All fees shall be due and payable January first of each year.  If said license is purchased after January 1 of each year, then the following schedule shall apply:

(A)       If said license is purchased on or after March 1, a late fee of twenty percent (20%) shall be assessed.

(B)       If said license is purchased on or after June 1, a late fee of fifty percent shall be assessed.  There shall be no refund of any unused portion of a license fee.

All fees for the period May 1, 1996 - December 31, 1996 shall be due and payable on May 1, 1996, and the fee for such reduced period shall be prorated on the basis of two-thirds (2/3) of the amount listed hereinbelow.  If said license is purchased after May 1, 1996, then the following schedule shall apply:

(A)       If said license is purchased on or after July 1, a late fee of twenty percent (20%) shall be assessed.

(B)       If said license is purchased on or after December first, a late fee of fifty percent (50%) shall be assessed.  There shall be no refund of any unused portion of a license fee.

The following square footage area table shall apply to all business license fees, unless specifically identified in the schedule of fees.

Square Footage Area is the sum total of the gross horizontal areas of all 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 establishments on each of the respective floors and shall include the basement floor, cellar floor, motor vehicle parking space when such space is used in conjunction with a drive-in facility (food establishment, bank, etc.) or where such space is devoted to sales or service, 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 and floor area devoted to and occupied by accessory uses.  (Ord. No. 80-23)

SCHEDULE OF FEES

Square Footage Area:

$85.00 for 5,000 sq. ft. or less plus:       .01 per sq. ft. increment over   5,000 sq. ft. to  15,000 sq. ft.

                                                              .0075 per sq. ft. increment over 15,000 sq. ft. to  25,000 sq. ft.

                                                              .0050 per sq. ft. increment over 25,000 sq. ft. to  35,000 sq. ft.

                                                              .0020 per sq. ft. increment over 35,000 sq. ft. to  50,000 sq. ft.

                                                              .0010 per sq. ft. increment over 50,000 sq. ft. to 100,000 sq. ft.

                                                              .0005 per sq. ft. increment over 100,000 sq. ft.

In cases where two or more separate and distinct businesses are operated from the same address, two or more licenses will be charged.  Business licenses must be visibly displayed on front door of business establishment.

The fee for issuance of a replacement license in the event the original license becomes lost, mutilated or destroyed shall be one dollar.  (Ord. No. 79-34; 80-23; 80-24; 84-60; 94-35; 96-8; 96-11; 00-26)

Sec. 10-8.        Same--Exemption of Not-for-profit Corporations.  [back to top]

The schedule of fees as stated in section 10-7 shall not apply to any corporation existing under State law as a not-for-profit corporation.  In order to claim such an exemption, the not-for-profit corporation shall submit to the Village Manager a photostatic copy of its charter, showing its State registration number.  (Ord. 71-66; 76-60; 77-9) 

Sec. 10-9.        Same--Payment; Proration; Disposition.  [back to top]

In the absence of any provision to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time of application therefor to the Village Collector.  When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter thereof during which the business has been or will be pursued. Except as otherwise provided, all license fees shall become a part of the corporate fund. (Ord. 71-66.)

Sec. 10-10.      Expiration; Expiration Notice.  [back to top]

All annual licenses shall terminate on the last day of the fiscal year of the Village where no provision to the contrary is made.  The Village Collector shall mail to all licensees of the Village a statement of the time of the expiration of the license held by the licensee. If an annual license, such notice shall be mailed at least three weeks prior to the date of such expiration; provided, that a failure to send out such notice, or the failure of the licensee to receive it, shall not excuse the licensee from a failure to secure a new license or a renewal thereof, nor shall it be a defense in action for operation without a license. (Ord. 71-66.)

Sec. 10-11.      Businesses or Acts Not Complying with Certain Regulations.  [back to top]

No license shall be issued for the conduct of any business and no permit shall be issued if the premises and building to be used for such purpose cannot fully comply with the requirements of this Code or other ordinances of the Village.  No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the Zoning Ordinance of the Village.  (Ord. 71-66.)

Sec. 10-12.      Change of Location of Licensed Business or Occupation.  [back to top]

The location of any licensed business or occupation, or any permitted act, may be changed, provided ten days; notice thereof is given to the Village Collector, in the absence of any provision to the contrary; provided, that the building, zoning and frontage consent requirements of this Code and other Village ordinances are met.  (Ord. 71-66.) 

Sec. 10-13.      Revocation of Licenses.  [back to top]

(A)       Permits and licenses issued under the provisions of this chapter may be revoked by the Mayor and Board of Trustees of the Village after notice and hearing, for any of the following causes:

(1)        Fraud, misrepresentation, or false statement contained in the application for license;

(2)        Fraud, misrepresentation, or false statement made in the course of carrying on the business;

(3)        Any violation of this chapter;

(4)        Conviction of the licensee, operator or manager of any crime, felony or misdemeanor committed on the business premises, including, but not limited to, pornography prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.

(5)        Conviction of any customer of any crime, felony or misdemeanor committed on the business premises with the sufferance of permission of the licensee, operator or manager, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.

(6)        Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(B)       Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing.  Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.

(Ord. 79-69, 92-92) 

Sec. 10-14.      Display--License.  [back to top]

It shall be the duty of any person conducting a licensed business in the Village to keep his license posted in the right-hand corner of the window of the front door of such establishment or, if no door window, in the lower right-hand corner of a front window. If there are no windows at the front of the establishment, the license must be posted on the cash register, or in a prominent place in the view of the public.  (Ord. 71-66; 75-66, §2.)

Sec. 10-14.1.   Same--Cash Register.  [back to top]

It shall be the duty of any person conducting a licensed business in the Village to have any cash register so situated in said business so as to enable customers to view prices as rung upon said cash register.  The purpose of this section is to permit customers of said business to view the cash register while their purchases are being registered.  (Ord. 78-5)

Sec. 10-15.      Tags, etc., for Vehicles where Number of Vehicles Used Is Basis for Fee.  [back to top]

Whenever the number of vehicles to be used in connection with a business for which a license is required is a basis of a license fee, the Village Collector shall furnish each licensee with a tag or license sticker for each vehicle covered by the license, and such tag or sticker shall be permanently affixed in the right-hand lower corner of the front window of the vehicle. (Ord. 71-66; 83-37)

Sec. 10-16.      Penalties.  [back to top]

Any person not in compliance with the provisions of this Chapter by failure to obtain and display such license shall be considered in violation of such Chapter.

The Police Department is authorized to serve non-traffic ("hang-on") complaints upon any person not in compliance with this Chapter.  The complaint shall inform the person of the amount of the penalty, which amount can be paid directly to the Village in an envelope provided by the Police Department.  The penalty shall be $50.00. 

If such penalty is paid within seven (7) days from the date of issuance, however, the penalty shall be $25.00.  If the penalty has not been paid within ten (10) days, the Police Department shall cause to be mailed to such person the goldenrod copy of the citation form marked "Final Notice."  The Police Department shall enter a final notice date, which shall be at least fifteen days from the date of issuance of the final notice, and shall enter the amount of total penalty on the citation.  If such penalty has not been paid by the final notice date, the Police Department shall undertake the issuance of a notice-to-appear form.

When a notice to appear has been issued, the Police Department shall cause the notice to appear to be served upon the defendant.  If such defendant does not live within the corporate limits of the Village, the Police Department shall cause the notice to appear to be mailed to the defendant at the last known address by certified mail.  (Ord. 75-66, §3; 87-24, §1.)

Article II.  Coin-Operated Amusement or Vending Devices.

Sec. 10-17.      Definitions.  [back to top]

Coin-operated amusement device, as used herein, means any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged.  The term does not include vending machines in which are not incorporated gaming or amusement feature, nor does the term include any coin-operated mechanical musical devices.

Operator as used herein is hereby defined to be any person who sets up for operation by another or leases or distributes for the purpose of operation by another any device as herein defined, whether such setting up for operation, leasing or distributing be for a fixed charge or rental, or on the basis of a division of the income derived from such device, or otherwise.

Proprietor is hereby defined to be any person who, as the owner, lessee, or proprietor, has under his or its control any establishment, place or premises in or at which such device is placed or kept for use or play, or on exhibition for the purpose of use or play.

After an application for such license has been applied for in accordance with section 10-1, the Village Clerk shall refer such application to the Mayor and Board of Trustees who shall make or cause to be made an investigation as they deem necessary. 

In case a proprietor licensed under the provisions of this section desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played, or exhibited for use or play in his establishment, he shall surrender his license to the Village Clerk who shall issue a new license showing the number of devices licensed thereunder, upon payment of the proper license fee therefor.

All coin-operated amusement devices shall be kept in plain view of any person who may frequent or be in the place of business where such devices are kept or used. Nothing contained in this section shall be construed to authorize, permit or license any gambling device of any nature whatsoever, which gambling devices are prohibited.

Noncoin-operated amusement devices.  As contained and used in this section coin-operated amusement devices shall also be defined as including any noncoin-operated amusement device, where the operators or users of such noncoin-operated amusement devices pay or give the operator or proprietor any consideration for the privilege of using such noncoin-operated amusement devices; provided, that such non-coin-operated amusement devices otherwise meet the definition of coin-operated amusement devices save for the insertion of a coin, token or similar object.  (Ord. 75-2)

Sec. 10-18.      License Required.  [back to top]

It shall be unlawful for any person to be engaged in the business of operator or proprietor of coin-operated amusement or vending devices as the terms are herein defined without first having obtained the proper license therefor.

Coin-operated amusement device licenses shall be issued for use only where the owner of the premises, or business has obtained a valid business license from the Village of Addison.  The fee for this license shall be fifty dollars ($50.00) for each device permitted.

Where the operation of coin-operated amusement devices is a principal use or integral to the operation of the business on the premises, a game room license shall also be required as provided in Section 10-18.1.

The following information must be submitted on any application for a coin-operated amusement device license: 

(A)       Evidence of ownership or a lease of the premises where the business is to be located. These property rights must be for a minimum of the one-year period of the license.  The premises must be found in compliance with all of the requirements of the Village Code.

(B)       Any experience in operating amusement devices, including address and community and state of all past and present operations.

(C)       Any record of arrest and conviction of a crime other than a misdemeanor.

The following method of computing square footage area shall apply solely for the determination of the maximum number of coin operated amusement devices allowed in a business location, other than one in which the primary use is as a game room.

For the purposes of this section, square footage is the sum total of floor space of a building devoted to sales or service and which is open to the general public.  Square footage does not include basement floors, STORAGE areas, closets, attics, offices, restrooms, or like areas.  For those licenses issued where such devices are not the principal business activity, the following formula shall be used to determine the number of coin-operated amusement devices that will be permitted on the premises:

(1)        For businesses with 0-6,000 square feet of sales/service area, one device for each seven hundred (700) sq. ft., up to a maximum of five (5) devices in total.

(2)        For businesses 6,000-12,000 sq. ft. of sales/service area, one device for each one thousand (1000) sq. ft., up to a maximum of fifteen (15) devices in total.

(3)        For businesses with 25,000-50,000 square feet of sales/service area, one device for each one thousand five hundred (1,500) sq. ft., up to a maximum of twenty three (23) devices in total.

(4)        For businesses with 50,000 square feet or more of sales/service area, one device for each two thousand (2000) sq. ft., up to a maximum of thirty five (35) devices in total.

For those licenses issued where such devices are the principal business activity on such premises, there shall be a maximum of one (1) device for each forty (40) sq. ft., exclusive of aisles and exit areas. 

Licenses shall be issued only to proprietors of establishments after the payment of all applicable license fees, including the license fees for coin-operated amusement devices.  (Ord. 82-20; 84-60; 94-34)

Sec. 10-18.1.   Game Room License Required.  [back to top]

(A)       No person shall engage in the operation of coin-operated amusement devices where such use is the principal use of the premises or where the operation of coin-operated amusement devices is integral to the business conducted on the premises without having obtained a game room license therefor.  This license shall be in addition to any license fees otherwise payable to the Village for the operation of coin-operated amusement devices.

(B)       The following information must be submitted on any application for a game room license or renewal thereof:

(1)        Evidence of ownership or a lease of the premises where the business is to be located. These property rights must be for a minimum of the one-year period of the license.  The premises must be found in compliance with all of the requirements of the Village Code.

(2)        Any experience in operating game rooms, including address and community and state of all past and present operations.

(3)        Any record of arrest and conviction of a crime other than a misdemeanor.

(C)       The Village Board shall determine the number of game room licenses to be available for issuance and any appropriate conditions to which a game room license shall be subject.

(D)       The term of the license shall be one year.  The licensee shall annually file a renewal application.  The Director of the Department of Community Development shall conduct an inspection of the premises to determine whether the renewal application is in compliance with this Section.  Should the Director determine that the renewal application is deficient in any respect, he shall notify the applicant of the deficiencies in writing. 

(E)       The game room license may be suspended, revoked or denied renewal at any time for violation of this Section or of any of the conditions imposed upon the license, but only after the licensee has been given notice and an opportunity to be heard.  The hearing shall be conducted by the Village Manager, who shall then recommend to the Village Board the action which he deems appropriate.  The Village Board shall review the recommendation and shall make a final decision thereon.  (Ord. 94-1)

Sec. 10-19.      Permit for Vending Devices Required.  [back to top]

It shall be unlawful to offer or maintain for business use any coin-operated device, machine or mechanism for vending purposes without first obtaining a permit therefor. (Ord. 75-2)

Article III.  Carnivals.

Sec. 10-20.      Definitions.  [back to top]

Carnival means and includes an aggregation of attractions, whether shows, acts, games, vending devices or amusement devices, whether conducted under one or more managements or independently, which are temporarily set up or conducted in a public place or upon any private premises accessible to the public, with or without admission fee, and which, from the nature of the aggregation attracts attendance and causes promiscuous intermingling of persons in the spirit of merrymaking and revelry. (Ord. 77-56)

Sec. 10-21.  Permit Regulations.  [back to top]

(A)       Permit to operate required.  No carnival shall be set up, run, operated or conducted within the limits of the Village of Addison unless a written permit from the Mayor and Board of Trustees has been issued, setting forth the conditions under which said carnival shall be operated.  No permit will be issued for a period in excess of ten (10) days nor will a permit be issued with a closing date less than thirty (30) days prior to the starting date of a scheduled carnival.

(B)       Eligibility for permit.  No carnival permit shall be issued to any person except a not-for-profit corporation (as defined in the Illinois Revised Statutes) or a religious corporation.

(C)       Acceptance date for application.  The month of October is hereby set aside to accept requests for calendar dates for carnivals by non-profit organizations and no applicants shall be accepted prior to October 1 for the following year for any carnival dates.

(D)       Permit conditions.  No such permit shall be granted by the Mayor and Board of Trustees until they have investigated the carnival and are satisfied that, if permitted, it will be operated in accordance with the permit and the provisions of the Illinois Municipal Code therein pertaining and each permit shall contain the provision that police officers shall have free access to the grounds and all booths, shows and concessions on such grounds at all times.

(E)       Permit fee.  A fee of twenty-five dollars ($25.00) a day shall be charged for each permit to cover the cost of the Village of Addison in paying the necessary expenses of investigation and to aid in policing the grounds and otherwise to compensate the Village for its expense related to said carnival. (Ord. 71-66; 76-60; 77-9; 77-56)

Sec. 10-22.      Insurance Required.  [back to top]

No permit shall be issued until the applicant therefor files with the Village Clerk a memorandum of insurance showing coverage provided for said carnival in the amount of five hundred thousand dollars ($500,000) per person for personal injuries and five hundred thousand dollars to one million dollars ($500,000/$1,000,000) bodily injury, each accident, and one hundred thousand dollars ($100,000) for property damages.  (Ord. 77-56)

Sec. 10-23.      Gambling or Lewd Conduct Forbidden.

The permit shall be granted upon the condition that there shall not be set up or operated any gambling device, lottery, number or paddlewheel, number board, punch board or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality.  (Ord. 77-56)

Article III.A.  Laundromats

Sec. 10-23.1.   Requirements.  [back to top]

Automatic self-service laundromats shall be subject to the following requirements:

(A)       There must be an attendant in the establishment from 7:00 p.m. until closing.

(B)       A separate water meter must be provided for this use, and no combination with other uses shall be permitted. (Ord. 86-11) 

Article IV.  House and Garage Sales.

Sec. 10-24.      Special Permit--Required; Exception.  [back to top]

It shall be unlawful for any person to engage in or conduct a garage, attic, basement or house sale from residence, store, structure or lot, in the Village of Addison without first having obtained a special permit for said sale from the Village Manager of the Village of Addison.  However, certified not-for-profit organizations conducting such sales are exempt from compliance with any or all of the terms and conditions listed below at the discretion of the Village Manager at the time of application for the special permit. (Ord. 77-60, §1.)

Sec. 10-25.      Same--Terms and Conditions.  [back to top]

A special permit shall be subject to full compliance with the following terms and conditions:

(A)       The applicant-permittee must be an owner of the premises where such sale is to be held.

(B)       The sale will involve only personal property items.

(C)       No more than two (2) such sales, plus one (1) additional sale upon moving shall be allowed within any one (1) calendar year.

(D)       No sale items shall be located and no sales activities shall be conducted on public sidewalk, parkway area or other public property.

(E)       All signs advertising such sale shall be located on private property only.

(F)       The sale shall be limited to a consecutive period of not more than three (3) days and shall be conducted only during the hours of 8:00 A.M. and dusk.

(G)       The sale will be conducted without the use of outdoor speakers or other amplification equipment.

(H)       There shall be no sale or service of food or beverages during the sale by the applicant/ permittee.

(I)        The sale shall be conducted in accordance with all other laws or ordinances in effect in the Village of Addison. 

(J)        Such permit shall be valid only for the particular sale and premises designated thereon and shall be posted in the front yard area so as to be easily seen by the public and by police officers driving past and shall be nontransferable.

(K)       There shall be no fee charge for this special permit.

(L)       These regulations shall be printed on the back of each special permit issued, as a reminder of the terms and conditions contained herein.

(M)      All signs should have house numbers and dates on them.

(N)       All signs authorized under this Article shall be removed no later than three (3) hours after the conclusion of the sale.

(Ord. 77-60; 85-15; 02-81)

Sec. 10-26.      Citations for Violations; Penalties and Procedures.  [back to top]

The Police Department is authorized to serve non-traffic com- plaints upon any person violating sections 10-24 or 10-25 of this Chapter.  If penalties are paid directly to the Village of Addison within ten (10) days of the date of issuance, such penalty shall be in the amount of ten dollars ($10.00).

If such penalty is not paid within ten (10) days of the date of issuance, the Police Department shall enter a final notice date which shall be at least fifteen (15) days from the date of issuance of the final notice, and the total penalty on the citation shall be in the amount of twenty dollars.

If such citation is not paid by the final notice date, the Police Department shall cause the matter to be placed on the court call of the officer issuing the citation.  Such court date shall be at least thirty days and not more than sixty days from the date of the issuance of the notice to appear form. The court date shall then be entered on the notice along with the location of the court and with the fine of thirty dollars.

When a notice to appear has been issued and the proper court date has been entered, together with the proper penalty including costs, the Police Department shall cause the notice to appear to be served upon the defendant. If such defendant does not live within the corporate limits of the Village, the Police Department shall cause the notice to appear to be mailed to the defendant at his last known address by certified mail. 

If such violator fails to appear in response to the notice to appear which has been served upon him either by personal service of by certified mail, the police officer shall swear to the complaint before a judge of the circuit court of the county.  (Ord. 80-83)

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