Chapter 10 Continued

Chapter 10 – Licenses

Article V. Massage Establishments.

Sec. 10-27. Definitions. [back to top]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:

Massage or practice of massage means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus of appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations.

Massage establishment means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities of the practice of massage.

Masseur or masseuse means any person who, for any consideration whatsoever, engages of the practice of massage.

Employee means any and all persons other than the masseurs or masseuses who render any service to the permitted, who receive compensation directly from the permittee, and who have no physical contact with customers and clients.

Person means any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

Health officer means an inspecting officer of the DuPage County Health Department. Permittee or licensee. The operator or owner (if an individual) of a massage establishment.

Sexual or genital area means the genitals, pubic area, anus, or perineum of any person and the breasts of a female. (Ord. 77-77)

Sec. 10-28. Massage Establishment--Permit Required. [back to top]

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the Village of Addison, the operation of a massage establishment, without first having obtained a permit. (Ord. 77-77)

Sec. 10-29. Same--Application Regulations. [back to top]

(A) Filing of application. Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Village Clerk.

(B) Fee. Every such applicant shall pay a non-refundable application fee of one hundred dollars to the Director of Finance.

(C) Information required. The applicant for a permit to operate a massage establishment shall furnish the following information:

(1) Name (including any alias) and address;

(2) Written proof that the individual is at least eighteen years of age;

(3) All residential addresses for the past three (3) years.

(4) The business, occupation or employment of the applicant for the four (4) years immediately preceding the date of application;

(5) The massage or similar business license or permit history of the applicant, i.e., whether such person, in previously operating in this or another village, or city or state under a license or permit, has had such license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

(6) All criminal or Village ordinance violation convictions, including forfeiture of bond and pleadings of nolo contendere, on all federal, state and local charges, except minor traffic violations;

(7) A recent photograph of the applicant;

(8) If the applicant is a corporation, or a partner of a partnership is a corporation, the name of the corporation exactly as shown in its articles of incorporation; and

(9) A drawing or written description which adequately describes the space in the building where the massage business of the applicant is to be conducted.

(10) The information required in subsections (1) through (8) of this section shall be for the following individuals:

a. The operator, manager or owner;

b. Any partner or limited partner of a partnership application;

c. Any officer, director or greater than ten percent stockholder of a corporation applicant or corporate partner of a partnership. (Ord. 77-77, 92-91)

Sec. 10-30. Inspection of Premises; Investigation of Applicants. [back to top]

The Village Clerk shall issue no permit or permit renewal for the conduct, operation, or maintenance of the massage establishment proposed in the application until the following officers, after inspection or investigation, report favorably as to the matters indicated below:

Health officer. The health officer shall inspect and report in connection with the prevention of nuisances and the spread of disease.

Plumbing inspector, building inspector and electrical inspector. The plumbing, building and electrical inspectors shall inspect and report in connection with full compliance with respective Village Plumbing, Building and Electrical Codes.

Chief of Police. The Chief of Police shall investigate and report in connection with the accuracy of the information required in section 10-29(c) of this Article.

(1) The Chief of Police shall report favorably if he finds no substantial inaccuracies in the information furnished and shall not report favorably if investigative findings show substantial inaccuracies;

(2) The Chief of Police shall not report favorably if investigative findings show that, within four years of the date of the application, the applicant or any other person who will be directly or indirectly engaged in the management or operations of a massage establishment has been convicted of:

a. A felony;

b. An offense involving sexual misconduct with children;

c. Prostitution, soliciting for a prostitute, pandering, keeping or residing in a place of prostitution, pimping, or any other offense involving moral turpitude in relation to sexual conduct.

(3) The Chief of Police may delegate the investigative, inspecting and reporting responsibilities imposed by this Article.

Upon receipt of favorable reports from the offices as indicated above, the Village Clerk shall issue a massage establishment permit to the applicant. Reports shall be submitted or deemed favorable within thirty days after the applicant's submission of an application. (Ord. 77-77, §1.)

Sec. 10-31. Same--Termination of Permit. [back to top]

Every massage establishment permit will terminate at the expiration of one year from the date of its issuance, unless sooner suspended or revoked. (Ord. No. 77-77, §1.)

Sec. 10-32. Same--Display of Permit. [back to top]

Every permittee shall display a valid permit in a conspicuous place within the massage establishment so that the same may be readily seen by persons entering the premises. (Ord. 77-77)

Sec. 10-33. Same--Transfer of Permits. [back to top]

No permit for the operation of a massage establishment issued pursuant to the provisions of this Article shall be transferable, However, upon the death or incapacity of the permittee the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the permit, but such period shall not exceed sixty (60) days. (Ord. 77-77)

Sec. 10-34. Same--Facilities Required. [back to top]

No massage establishment shall be issued a permit, nor be operated, established or maintained in the Village unless an inspection by the health officer reveals that the establishment complies with each of the following minimum requirements:

(A) Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the Building Code of the Village of Addison.

(B) All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.

(C) Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

(D) The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron;

(E) Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.

(F) Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each twenty or fewer employees or patrons of the sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

(G) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.

(H) The premises shall be equipped with a service sink of custodial services.

The health officer shall certify or report that the proposed massage establishment complies or does not comply with all the requirements of this section of this Article and shall send such certification or report to the Village Clerk. (Ord. 77-77)

Sec. 10-35. Same--Health and Sanitation Regulations. [back to top]

(A) Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(B) All employees, including masseurs and masseuses, shall be clean and wear clean, non-transparent outer garments, covering the sexual and genital areas. A separate dressing room for each sex must be available on the premises with individual lockers for each employee.

(C) All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

(D) The sexual or genital areas of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, masseur or masseuse.

(E) It shall be unlawful for any person, in a massage establishment, knowingly, to place his or her hand upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital area of any other person.

(F) No masseur or masseuse, employee or operator shall perform, offer or agree to perform any act which would require the touching of a patron's genital area.

(G) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam and vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.

(H) Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

(I) Eating in the massage work areas shall not be permitted. Animals, except for seeing-eye dogs, shall not be permitted in the massage work areas.

(J) No masseur or masseuse shall administer a massage on a patron's skin inflammation, or skin eruption, unless a physician duly licensed by the State of Illinois certifies in writing that such person may be safely massaged on that area.

(K) Each masseur and masseuse shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron. (Ord. 77-77)

Sec. 10-36. Same--Periodic Inspection of Premises. [back to top]

The Chief of Police and the health officer shall from time to time and at least twice a year, make an inspection of each establishment granted a permit under the provisions of this Article for the purposes of determining that there is compliance with the provisions of this Article. Such inspections shall be made at reasonable times and in a reasonable manner. (Ord. 77-77)

Sec. 10-37. Same--Advertising. [back to top]

No massage establishment granted a permit under the provisions of this Article shall place, publish or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available other than authorized massage services. (Ord. 77-77)

Sec. 10-38. Same--Price Rates To Be Posted. [back to top]

Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. (Ord. 77-77)

Sec. 10-39. Same--Employment of Masseurs and Masseuses. [back to top]

It shall be the responsibility of the permittee for the massage establishment or the employer of any persons purporting to act as masseurs and masseuses to insure that each person employed as masseur or masseuse shall first have obtained a valid permit pursuant to this Article. (Ord. 77-77)

Sec. 10-40. Same--Same--Minors. [back to top]

It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ any person who is not at least eighteen (18) years of age. (Ord. 77-77)

Sec. 10-41. Masseur and Masseuse--Permit Required; Fees. [back to top]

It shall be unlawful for any person including an applicant for a massage establishment license for any legal consideration to massage any person or engage in the practice of massage without having first obtained a masseur or masseuse permit. The application for a masseur or a masseuse permit shall be filed with the Village Clerk, and the applicant shall pay to the Village Director of Finance a non-refundable filing fee of fifty dollars ($50.00) for an original application and twenty dollars ($20.00) for a renewal application. No application shall be processed by any department until the application fee is paid in full. (Ord. 77-77; 92-91)

Sec. 10-42. Same--Application Requirements. [back to top]

The applicant for a masseur or masseuse permit shall furnish the following information:

(A) Name (including any alias) and address;

(B) Social security number and driver's license number, if any;

(D) Business, occupation or employment of the applicant for the four (4) years immediately preceding the date of application;

(E) Whether the applicant has ever been convicted of, pleaded nolo contendere to, or suffered a forfeiture on a bond in relation to charges of committing any federal, state or local crime, except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction plea or forfeiture was had, the specific charge under which the conviction plea or forfeiture was obtained and the sentence imposed;

(F) A recent photograph of the applicant;

(G) The results of a physical examination for contagious and communicable diseases, which shall include a recognized blood test for syphilis, a culture for gonorrhea, a test or tests which will demonstrate freedom from tuberculosis, which is to be made and interpreted by a licensed physician acceptable to the health officer and such other laboratory tests done in a laboratory acceptable to the health officer, as may be necessitated by the above examination; a certificate based upon the applicant's physical examination and issued within thirty days of such examination, signed by a physician duly licensed by the State of Illinois and stating that the person examined is either free from any contagious or communicable disease or incapable of communicating any of such diseases to others. Applicants shall undergo the physical examination referred to above and submit to the health officer the certificate required herein prior to commencement of their employment and at least once every twelve (12) months thereafter. (Ord. 77-77, §1)

(H) Written evidence that the applicant has graduated from a massage therapy school or training program which has been accredited by the State of Illinois, or those agencies which are recognized by the U.S. Department of Education and Council on Post Secondary Accreditation; or

Written evidence that the applicant has passed the National Certification Examination for Massage Therapy and Bodywork Therapy; or

Written evidence of membership in a professional organization which offers continuing education programs in massage therapy and has a written code of ethics. (Ord. 96-22)

Sec. 10-43. Same--Issuance of Permit. [back to top]

Provided that the applicant meets the requirements of Section 10-42 of this Article, the Village Clerk shall issue a masseur or masseuse permit within thirty (30) days following application, unless an investigative report of the Chief of Police indicates that, within four (4) years of the date of application, the applicant for masseur or masseuse permit has been convicted of:

(A) A felony;

(B) An offense involving sexual misconduct with children;

(C) Keeping or residing in a place of prostitution, solicitation for a prostitute, prostitution, pandering, or any other offense involving moral turpitude in relation to sexual conduct. After reviewing the information furnished by the applicant, further investigation is at the option of the Chief of Police. (Ord. 96-22)

Sec. 10-44. Identification Card. [back to top]

The Village Clerk shall provide each masseur and masseuse granted a permit with an identification card which shall contain a photograph of the masseur or masseuse and the full name and permit number assigned to the said masseur or masseuse, which must be worn on the front of the outer garment at all times during the hours of operation of any establishment granted a permit pursuant to this Article. (Ord. 77-77)

Sec. 10-45. Time Limit for Filing Application for Permits. [back to top]

All persons who presently operate a massage establishment or who are employed as a masseur or masseuse must file for a permit within three (3) months of the effective date of this Article. Application for renewal for permits must be filed not more than two (2) months nor less than one (1) month prior to termination of an existing permit. (Ord. 77-77)

Sec. 10-46. Revocation or Suspension of Massage Establishment or Masseur/Masseuse Permits. [back to top]

Any license issued to an owner or operator of a massage establishment or any permit issued to a masseur or a masseuse may be revoked or may be suspended for any length of time during the remaining period of validity of the license or permit for any one or more of the following reasons: For any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, the subject matter of the license or permit, or to the premises occupied by the massage establishment.

No license or permit issued pursuant to this Article shall be revoked or suspended without first giving the licensee or permittee notice of such action and an opportunity to be heard before the Mayor in accordance with the provisions of this Code.

Before any license or permit is revoked or suspended at least five (5) days§ written advance notice shall be given to the licensee or permittee by certified mail, return receipt requested. In the case of a revocation or suspension of a massage establishment license notice shall be sent to the licensee at the business address indicated on the licensee's application for a massage establishment license. In the case of a revocation or suspension of a masseur or a masseuse permit notice shall be sent to the masseur or masseuse at the residence address indicated in the application for the permit. The notice shall set forth the date, time and place of the hearing and shall state the facts which constitute the reasons for the hearing on the revocation or suspension of the license or permit. It shall be the duty of all licensees and permittees to inform the Village Clerk of any changes in address which are needed to inform them of any hearing conducted pursuant to this section. All changes in address shall be reported to the Village Clerk within ten (10) days of any such change. Failure by any licensee or permittee to inform the Village Clerk of any change in address required pursuant to this section shall not prevent or preclude the bringing of any action or the holding of any hearing pursuant to this section for a revocation or suspension of the license or permit.

The Village Attorney shall be responsible for bringing and proving any and all actions for the revocation or suspension of any massage§ establishment license or masseur or masseuse permit. All initial pleadings and subsequent original pleadings shall be filed with the Village Clerk. The decision of the Mayor with regard to the suspension or revocation of the license shall be final.

If in any twelve (12) month period any license or permit has been suspended for any reason for any length of time, two or more times, or if within that period any licensee or permittee has been penalized by any fine or has forfeited any bond two or more times pursuant to any action brought for any violation of this article, upon giving notice and an opportunity to be heard in accordance with this article the mayor shall revoke that license or permit. Any revocation or suspension of any license or permit shall be in addition to any fine imposed. (Ord. 77-77; 96-22)

Sec. 10-47. Exceptions to Regulations. [back to top]

This article shall not apply to hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Illinois, or persons working under the direction of such persons or in any such establishments, nor shall this article apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State of Illinois. (Ord. 77-77)

Article VI. Transient Merchants, Itinerant Merchants and Itinerant Vendors.

Sec. 10-48 through 10-58 repealed by Ord. No. 81-74.

Article VII. Peddlers.

Sec. 10-59 through 10-70 repealed by Ord. No. 81-74.

Sec. 10-71 repealed by Ord. No. 79-69.

Article VIII. Housing - Multiple Family, Licensing and Inspection.

Sec. 10-80. Definitions. [back to top]

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:

Annual inspection: shall mean an inspection, which is conducted annually, of all outdoor areas and structures, the exterior of all buildings, the dwelling units and all other interior common areas subject to this Article VIII, which are under the ownership of the property owner to assess compliance with the applicable Village Code standards governing rental dwellings.

Dwelling: shall mean any enclosed space which is wholly or partly used or intended to be used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

Dwelling unit: shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Inspection: shall mean the annual inspection, semiannual inspection, a reinspection or an exterior only inspection.

Interior common areas: shall mean Interior spaces not part of a dwelling unit, including utility areas and areas shared and/or accessed by the occupants of the building.

Lease or Rent: shall mean the entry into a written or oral agreement embodying the terms and conditions concerning the use and occupancy of a dwelling by a tenant.

Managing agent: shall mean any person or firm, acting for another, with authority to rent, manage or make expenditures.

Reinspection: A reinspection includes the inspection of all areas previously found in violation of the applicable codes. Reinspections may also identify new violations that have since developed or were not identified during the previous inspection.

Rental dwelling: shall mean any dwelling unit which is not owner occupied and which is either rented, leased, available for rent or lease, or otherwise compensated for by others to the property owner or his/her agent. The rental of a single room or the sharing of a dwelling unit between the property owner of the dwelling unit and others shall not constitute a rental dwelling.

Residential rental license year: The residential rental license year shall begin on May 1 and continue through to April 30.

Semiannual inspection: means a second annual inspection of all outdoor areas and structures, the exterior of all buildings, the dwelling units and all other interior common areas subject to this Article VIII, which are under the ownership of the property owner to assess compliance with the applicable Village Code standards governing rental dwellings.

Tenant: shall mean a person entitled by written or oral agreement, by subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exclusion of others. (Ord. 02-37; 04-40; 06-38; 07-39; 10-26)

Sec. 10-81. License Required.. [back to top]

(A) No person shall rent, lease or otherwise allow a dwelling or dwelling unit under their ownership to be occupied by others unless a Residential Rental License is in effect therefor, as provided by this Chapter. Licenses shall be issued for a period of up to one year, from May 1 to April 30, unless sooner revoked. No license shall be transferable to another rental dwelling. Any license may be transferred to another person at no additional charge, subject to completion and approval of a new license application and only when the building has been transferred in compliance with Chapter 24 of the Village Code.

(B) Every owner who does not reside within the corporate limits of the Village shall designate, as the first contact person on the license application, a person who resides in the corporate limits of the Village. A second contact person shall be listed on the application form as backups. Each of the two individuals listed as contacts shall have a different phone number and each of such persons shall have the authority to address the issues necessary to resolve any and all problems and deficiencies that affect the safety and living conditions of the occupants, regardless of the time of day or day of the week. In the event that the owner cannot make a scheduled inspection/ reinspection appointment, one of the listed contact persons is expected to keep the appointment on the owner's behalf. (Ord. 02-37; 04-40; 06-38; 07-39; 08-19; 10-26)

Sec. 10-82. Application. [back to top]

No Residential Rental License shall be issued except upon receipt of a completed Village of Addison, residential rental license application filed with the Village Clerk or his/her designee. Such applications shall be submitted to the Village Clerk or his/her designee no later than April 30 preceding the license year being applied for with the appropriate fees. The application shall set forth, but not be limited to, the following information.

(A) Full name home address, day and evening phone numbers and date of birth of the legal owner; if owned by a trust, a trust disclosure is required.

(B) The license application shall designate two contacts, their names, address of the primary contact and phone numbers for twenty-four hour contact in case of an emergency. Each contact shall have a different phone number from the other contact.

(D) If applicable, the authorization or refusal to allow the removal of graffiti by the Village.

If there is a lawful transfer of ownership and a Residential Rental License has been issued for the current license year, the license shall also be transferred at no additional charge to the new owner, subject to the completion and approval of a new application by the new owner. (Ord. 04-40; 06-38; 07-39; 10-26)

Sec. 10-83. Reports. [back to top]

The licensee shall report to the Department of Community Development any changes in the information provided on the application, within seven (7) days of said change. Any conveyance in the legal or equitable interest in the building shall be reported to the Department of Community Development within seven (7) days after the execution of the contract to convey and at least fifteen (15) days prior to said conveyance to allow ample time to verify the status of compliance for the building and property. (04-40; 10-26))

Sec. 10-84. Issuance of License. [back to top]

(A) No license shall be issued until all applicable inspection and license fees have been paid to the Village of Addison.

(B) Any owner of a property that is being rented or leased out for residential purposes (excluding hotels, motels and individual rooms) shall attend and complete a Village of Addison Crime Free Multi-Housing Program Seminar (the "Seminar"). The owner, agent or designee shall attend the Seminar prior to obtaining or being issued a Village residential operator license. Any lessor who was required to have a Residential Rental License on or after May 1, 2009 shall have until November 1, 2010 to attend the Seminar. In the event such a Seminar is not offered prior to issuance of the Residential Rental License, a conditional license may be issued subject to the owner, agent or designee attending the Seminar within three months of the issuance of the license. In the event a Seminar is not attended within three months, the license shall be void.

(C) A property manager shall be considered an agent of the owner. A new manager shall have three months from the date of hire to attend the Seminar. A new property owner shall have three months from the date of purchase of the property to attend the Seminar. Each owner, agent or designee shall attend the Village Seminar at least once every three years.

(D) The Crime Free Multi-Housing Coordinator, as designated by the Chief of Police, shall provide the Director of Community Development with a list of owners, agents and/or designees who have attended the Seminar, with the date of attendance and verification that the owner, agent or designee has complied with the provisions of this section and is eligible to obtain, maintain or renew the Residential Rental License.

(E) Any owner or agent of a residential rental property or their designee is required to utilize a crime free lease addendum (see Appendix 10-84 to Chapter 10 of the Village Code) or to provide a clause in the lease similar to the crime free lease addendum for any lease executed after May 1, 2009. The Crime Free Multi-Housing Coordinator shall provide, at no cost, samples of the crime free lease addendum and shall submit such clauses within actual leases to the Village Attorney for review and approval. The clause is intended to consider criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of the renter a lease violation. The landlord shall have authority under said clause to initiate an eviction proceeding as specified in the Illinois Forcible Entry and Detainer statutes. Proof of criminal violation shall be by a preponderance of the evidence. With respect to oral rental agreements, the crime-free lease addendum shall be deemed to be incorporated into such oral agreements as a matter of law. (04-40; 09-02; 10-26)

Sec. 10-85. License Fees and Inspection Fees. [back to top]

No license shall be issued until all applicable inspection and license fees have been paid to the Village.

It shall further be unlawful for any owner of a rental dwelling to fail to pay promptly license fees and inspection fees for rental dwelling units, as hereinafter provided in this Article. (Ord. 89-78, 92-33, 00-02, 01-35, 01-129, 02-37, 04-40; 06-38; 10-26)

Sec. 10-85.1. Annual Residential Rental License Fees and Inspections. [back to top]

The annual Residential Rental License Fees for the 2010 - 2011 Residential Rental License Year and all subsequent license years shall be $50.00 per dwelling/dwelling unit plus:

$50.00 for each building having 1 to 5 units;

$75.00 for each building having 6 to 11 units;

$100.00 for each building having 12 to 17 units;

$125.00 for each building having 18 to 23 units; and

$150.00 for each building having more than 23 units.

Condominium units and townhomes shall be charged a dwelling unit fee but shall not incur a fee for the building unless the building is maintained directly by the owner of one or more of the condominium units or of the townhome.

(A) The annual Residential Rental License fee includes the fee for the annual inspection but does not include any charges for reinspection or exterior only inspections.

(B) The annual rental inspection shall be scheduled to inspect twenty percent of the dwelling units in each building. When the calculation of 20 percent of the total units creates a fraction of a unit it shall be increased (rounded up) to the full whole number of units to be inspected. The units selected to be inspected shall be a random choice made by the inspector. Annual inspection shall include the inspection of all exterior areas and structures, twenty percent of all dwelling units and all other common interior areas. If any unit is found to be uninhabitable or infested during an annual inspection all rental units in the building are subject to the inspection process, except for these units approved to be work in progress. No new leases or rental agreements for any unit in such violation may be entered into until the violations noted for the same unit have been resolved and approved. If additional units are required to be inspected as a result of the annual inspection and another time or date may be required, the annual rental inspection shall not be graded until all of the units are inspected.

(C) The building official shall make annual inspections of all buildings having dwelling units, excluding hotels and motels, if any dwelling unit is leased or rented, or otherwise occupied by anyone other than immediate family members of the property owner (and rent is not charged), except as provided in this code. Additional inspections may be required based on the results of the initial annual inspection, the semiannual inspections or the exterior inspections. Fees for a Residential Rental License and for the applicable inspections shall be charged in accordance with those fees listed in this Chapter. Property owners have an affirmative obligation to allow such inspections.

Vacated units may be inspected by the Village as part of the annual or semiannual inspection process. A vacant unit deemed a work in progress shall be exempt from the annual and semiannual inspection process and the grading system for the building, if such unit is in compliance with the requirements for a Work In Progress. To qualify as a work in progress the unit shall be identified as either having ongoing remodeling, repair or new construction or proposed to correct a code violation and shall be vacant and unoccupied. Additionally, the request for such units to be exempted shall be requested in writing by the property owner or his designee and verified both visually and in writing by the inspector. Qualifying units shall be inspected before the unit is occupied and is subject to all fees and reinspections that are otherwise deemed applicable. No such unit may be rented if any safety or health issues are identified through the inspection process. Failure to request and have an inspection approved before allowing the unit to be occupied or furnished (any personal effects) by the tenant is prohibited and is subject to a citation being issued to the property owner, manager or landlord. Failure to complete that work that qualified the unit for the exemption shall be charged a $100.00 administrative fee to adjust the results of the inspection and the change of the grade if applicable. Inspections for “work in progress’ shall be scheduled a minimum of seven working days before the use of the unit is anticipated. Vacant units that are approved as a “work in progress” are limited as such for a period not to exceed 90 calendar days.

Every building inspected shall receive an inspection grade based on the results of the annual inspection. Based on this inspection grade, the schedule of the next annual, semiannual and/or exterior inspection shall be determined, as provided in Section 10-85.2 below.

The total number of dwelling units (excluding vacant units defined as a “work in progress”) inspected in the building, plus one for interior common areas and plus one for all accessory structures and the exterior common area of the building, shall determine the total number of inspection areas used in calculating the final inspection grade. For those condominium units or townhomes (that do not have maintenance responsibility for the exterior) that are inspected, no interior common area or exterior common area issues shall be inspected or graded as part of this program other than balconies, patios, decks, exterior screens and dwelling unit door closers for the unit being inspected. (Ord. 10-26)

Sec. 10-85.2. Inspection Grading System. [back to top]

(A) Each property required to have a Residential Rental License shall be given an inspection grade at the conclusion of any annual inspection. The total number of violations and deficiencies observed at the time of the annual inspection divided by the total number of inspection areas shall determine the inspection grade of the building. A building having two separate entrances, each with a different address, shall be considered two buildings when the interior common area is not continuous throughout the building. If the building has two entrances, each with a separate address with the interior common hallway allowing for passage from one entrance to the other, only one Residential Rental License shall be issued.

If there are two licenses the exterior areas shall be divided accordingly by determining a reasonable center point between each entrance which shall act as a dividing line for the inspection areas. All exterior common areas and accessory structures shall be inspected based on the proximity of the area to each building being inspected and the related uses.

Exterior areas that extend beyond property lines that are not under direct ownership of the building owners shall be inspected as part of the building’s exterior area by dividing the property in half based on the proximity of the next building.

(B) Any building having, on average, one or less violations or deficiencies at the completion of an annual inspection shall receive an inspection grade of Very Good. An inspection grade of Very Good exempts the building from the next annual inspection process and the next annual Residential Rental License fee. However, the application for a new Residential Rental License shall still be submitted and approved and all reinspections and reinspection fees are still applicable. Should a reinspection be required based on the results of the annual inspection no reinspection fee shall be assessed for the annual inspection. In addition, no exterior only Inspections shall be scheduled during the license year. These exceptions shall be invalidated if within the twelve months following the initial annual inspection, the respective building or site receives two or more valid service requests (complaints) or is found guilty of a court citation regarding the housing program. This exemption shall not be approved if during the annual inspection, there is any violation relating to infestation or there are four or more violations in the common area or if the current rental license fee has not been paid on a timely basis as per Section 10-81 of the Village Code, in which case the building shall be graded as Satisfactory. Beginning with the 2008-2009 license year, by achieving and maintaining a Very Good grade on three (3) consecutive annual inspections the building shall be exempted from the following two annual inspections and the following two residential rental license fees, if maintained under the same ownership. Achieving a Very Good on the next annual inspection shall again exempt the building for an additional two years from having any inspections or paying a license fee if maintained under the same ownership. If a rental license is not properly applied for before the beginning of the license year for the year of the waived status the waived status shall be withdrawn and the site shall be regarded as a Satisfactory, requiring both a license fee and the applicable inspections.

Any building having an average of more than one but not more than three violations or deficiencies per inspection area at the completion of an annual inspection shall receive a grade of Satisfactory. A grade of Satisfactory requires that one exterior only inspection be conducted during the same license year. A grade of Satisfactory also requires that for the next Village residential rental license year, a Residential Rental License shall be applied for, paid for and issued and that another annual inspection shall be conducted and all reinspections and reinspection fees shall be applicable.

Any building having an average of more than three violations or deficiencies per inspection area at the completion of an annual inspection shall receive a grade of Unsatisfactory. A grade of Unsatisfactory requires that a semiannual inspection be conducted. This inspection applies to all areas subject to an annual inspection. A grade of Unsatisfactory requires that two exterior only inspections be conducted during the same license year. In addition, for the next Village Residential Rental License Year, a Residential Rental License shall be applied for, paid for and issued, another annual inspection shall be conducted, and all reinspections and reinspection fees shall be applicable.

(1) shall not be charged a reinspection fee for an annual inspection if such an inspection is required, and

(2) shall not be scheduled for any exterior only inspections.

(D) Sites receiving a Satisfactory grade:

(1) shall be charged for the reinspection of the annual inspection at the same rate as the annual license for the areas requiring such a reinspection; and

(2) shall be charged a fee for one exterior only inspection equal to the annual license fee less the per unit charge.

(E) Sites receiving an Unsatisfactory grade:

(1) shall be charged for the reinspection of the annual inspection at the same rate as the annual license for the areas requiring such a reinspection; and

(2) shall be charged a fee for one semiannual inspection equal to the annual license fee; and

(3) shall be charged a fee for two exterior only inspections equal to the annual license fee less the per unit charge, for each inspection. (Ord. 10-26)

Sec. 10-85.3. Semiannual Inspections. [back to top]

Semiannual inspections shall be conducted when an annual inspection grade of Unsatisfactory is determined. Semiannual inspections shall require the duplication of the annual inspection process allowing again the random selection of units to inspect. A semiannual inspection shall not reduce the number of exterior only inspections that shall be required. The semiannual inspection fee shall be in the same amount as the annual inspection fee. (Ord. 10-26)

Sec. 10-85.4. Reinspections. [back to top]

Reinspections shall be conducted on an as needed basis when a scheduled inspection identifies violations or code deficiencies. Reinspections may identify additional issues in addition to those already identified. The fee for each scheduled reinspection shall be at the same rate as the annual license for the areas requiring such a reinspection. (Ord. 10-26)

Sec. 10-85.5. Exterior Only Inspections. [back to top]

In addition to the annual rental inspection, each building (excluding single family residences, townhomes where the property is not directly maintained by the owner and condominiums) shall have up to two additional exterior only Inspections during the same license year. Exterior only inspections shall include the inspection of all outdoor areas and structures, the exterior of the building, including the operation of all the exterior doors opening into common areas, to verify code compliance. These inspections shall be scheduled after the annual inspection has been conducted and repeated if necessary. The exterior only inspection process shall be subject to reinspections and reinspection fees. However, the exterior only Inspection process cannot generate a semiannual inspection. If the property owner, landlord, property manager or other designated individual is not present at the scheduled time for the exterior inspection, the inspector shall not conduct the inspection. (Ord. 10-26)

The fee for a scheduled exterior inspection shall be at the same rate as the annual license fee less the per unit charge. (Ord. 10-26)

Sec. 10-85.6. Payment of Certain Fees. [back to top]

All reinspection fees shall be paid in full within thirty (30) days of the date the initial inspection was conducted or prior to the reinspection date whichever occurs first. Fees for all semiannual inspections shall be paid in full within thirty (30) days of the date the annual inspection was conducted or prior to the semiannual inspection date whichever occurs first. Fees for all exterior only inspections shall be paid in full within thirty (30) days of the date the annual inspection was conducted or prior to the first exterior only inspection date whichever occurs first. Fees for a reinspection and/or for any additional inspections shall be listed on the inspection report, no invoices or additional notices shall be provided for the payment of these fees. (Ord. 10-26)

Section 10-85.7. Scheduling Inspections. [back to top]

The Code Official, or his authorized representative, is hereby authorized and directed to make inspections in order to determine the condition of the dwellings, dwelling units, rooming units and premises (collectively a dwelling located within the Village). The sole purpose of such inspections shall be to determine whether such dwellings comply with the provisions of this Article, Section 15.3E of Chapter 15, Section 17-32 of Chapter 17, Section 1206 of the Subdivision Control Ordinance, and Chapter 24. The scope of such inspections shall be strictly limited to those areas of the dwelling that are required to be in compliance with this Article and Chapter 24. For the purpose of making such inspections, the Code Official or his authorized representative is hereby authorized to enter, examine and survey all dwellings and related areas and uses in the Village. (Ord. 10-26)

If the dwelling is vacant, the Code Official shall inform the owner of the scheduled inspection and shall request permission to enter the dwelling for the purposes of the inspection.

If a dwelling is occupied by a tenant, the landlord shall inform the tenant of the scheduled inspection and shall request permission from the tenant that the inspector be permitted to enter the dwelling if the tenant is not home at the time of the inspection. Failure to be granted permission shall require the landlord to provide in writing, the tenant’s name, unit number and phone number to the Code Official no later than 48 hours prior to the time of the scheduled inspection.

Every inspection and reinspection shall be scheduled in writing.

The property owner or his/her designee has the responsibility to meet the inspector at the time of scheduled inspection. Failure to do so, without validating just cause and receiving approval shall result in the imposition of a fee equal to $50.00 for the first failure during a license year. Additional failures to be present on the prescribed date and time are subject to citations.

Requests to reschedule a scheduled inspection shall be subject to a rescheduling fee of $50.00 if a rescheduling is approved. The notification time frame for the rescheduled inspection may be reduced to no less than five (5) calendar days if mutually agreed upon by the inspector and property owner and will not require written notification.

Sec. 10-86. Inspection of Building, Violations, Suspension and Revocation of License. [back to top]

(A) Whenever, upon inspection of the licensed rental dwelling or rental dwelling unit, it is determined by the appropriate officials of the Village of Addison that conditions or practices exist which are in violation of the provisions of this or any applicable ordinance of the Village of Addison, the official making the determination shall serve the owner or agent with a notice of violation. Such notice shall identify the specific violations and state that unless they are corrected within the time specified in the notice the operating license may be suspended. Notice pursuant to this section shall be sent by U. S. mail to or hand delivered to the party designated in the application to receive notices or process or their authorized representative.

Notwithstanding anything to the contrary set forth in this Article, valid complaints or service requests regarding a non-responsive licensee shall be processed as follows. After a tenant has notified the licensee or his designated representative of a code violation regarding their dwelling unit, the licensee has an obligation to resolve the matter within a reasonable timeframe. If the Village is notified of the failure of the licensee to comply, they shall investigate the same. If the complaint is valid the licensee shall be responsible for the payment of the inspection costs incurred by the Village and any subsequent reinspection costs. The licensee shall pay said costs within fifteen (15) days of notification of such inspection or reinspection. Such notification shall be either by the service of an inspection report indicating the fee or of a letter either mailed or hand delivered. Should the licensee fail to pay said costs in a timely manner, said failure shall be a violation of this Article and the licensee shall be subject to additional penalties as hereinafter set forth.

(B) At the end of the time allowed for correction of any violation cited, the building shall be reinspected by the appropriate Village officials to verify compliance. If compliance has not been achieved or if significant progress has not developed, the Village of Addison may issue an order for suspending the operating license. Violations caused by the tenant shall not be considered grounds for suspension of license, if the licensee is diligent in achieving compliance.

(C) Any person whose license to operate a rental dwelling or dwelling unit has been suspended shall be given the opportunity to be heard by the Village of Addison in connection with the violations. Within twenty-one (21) days following the issuance of an order of suspension, the Village shall schedule a hearing to determine whether the license shall be revoked. The Village, as a result of such hearing, may grant additional time or may revoke the license. Prior to revocation any person whose license has been suspended may request a reinspection upon showing that the violation cited in the notice has been corrected.

(D) If the licensee is convicted by a Court of a violation of any applicable ordinance of the Village of Addison in connection with the licensed building, then the licensee shall be subject to revocation.

(E) In the event a condition of extreme hazard to health or safety is found to exist, the Village of Addison may immediately suspend the license.

(F) If, upon reinspection, it is determined by the appropriate Village officials that the violations cited in the notice have been corrected, the license shall be reinstated by the Village of Addison. A request for reinspection shall not exceed the twenty-one (21) day suspension period unless the official responsible for sending the violation notice so requests.

(G) Each day a building continues to operate after a license has been revoked shall constitute a separate violation of this ordinance subject to fine, as provided for in this Code. (04-40; 07-39; 10-26)

Sec. 10-86.1. Nuisance Residential Rental Property. [back to top]

It is hereby declared a nuisance and against the health, peace and comfort of the Village and its residents for any property owner, agent or manager to suffer or permit the following: (1) rental of a residential unit or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act, or commission of any two or more of any other felonies or Class A misdemeanors under the laws of the State of Illinois or the federal government not specifically listed above; or (2) rental of a residential unit or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: commission of three or more Village ordinance violations in a six month period or an unreasonably high number of calls for police service, including, but not limited to, calls that may fall within the descriptions listed above that, when compared to other properties in the Village of similar type, reasonably indicate that the activity at the property is out of character for the area and is impacting the quality of life of those in the area. (09-02; 09-54; 10-26)

Sec. 10-87. Tenant Responsibility. [back to top]

(A) No tenant shall commit vandalism in the building in which the tenant's dwelling unit is located, and no tenant shall permit vandalism to occur or shall violate any of the provisions of the ordinances of the Village of Addison in the dwelling unit leased by the tenant.

(B) Each tenant shall be notified of the Tenant Notification of Housing Codes, as provided in Chapter 24, before occupying a rental dwelling. The landlord shall notify the tenant of this requirement. (10-26)

Sec. 10-88. Penalty. [back to top]

Any person not in compliance with the provisions of this Chapter as a result of failure to obtain such license shall be considered in violation of such Chapter and shall be fined not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000.00) for each offense. In addition, each day shall constitute a distinct and separate offense. (Ord. 80-98, 01-35, 04-40; 08-19, 09-02, 10-26)

Article IX. Flea Markets.

Sec. 10-89. Definitions. [back to top]

Flea market means the operation of any business where a party leases, sells or otherwise transfers spaces, booths, stalls or other areas for a period of less than one year to a vendor who sells merchandise to the public at retail from those spaces.

Outside flea market means a flea market in which the market area is located outside of any permanent structure building.

Operator means any person who sells, leases or otherwise transfers space, booths, stalls or other areas for a period of less than one year to a vendor for the purpose of selling merchandise at retail to the public.

Vendor means any person who buys or leases or otherwise acquires space, booths, stalls or other areas for a period of less than one year for the purpose of selling merchandise to the public at retail.

Booth or stall means any space, booth, stall or other area designated by a flea market operator for the use of a flea market vendor.

Tax number. Retailer's occupation tax number as provided by the Illinois Compiled Statues.

Sec. 10-90. Flea Market Operators; License Required. [back to top]

It shall be unlawful for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises in the Village of Addison, the operation of a flea market, without first having obtained a flea market operator's license.

Sec. 10-91. Application for a Flea Market Operator's License. [back to top]

Applicants for operator's licenses under this article, whether a person, firm or corporation, shall file a written, sworn application signed by the applicant if an individual, by all partners if a partnership and by the president if a corporation, with the Village Clerk showing:

(A) Name and legal address and phone number of the applicant.

(B) Address of the premises to be used.

(D) The legal address of the owner and beneficial owner.

(E) The name of the business to be licensed.

(F) Names and addresses of the owner, beneficial owner or the major stockholders of the business to be licensed.

(G) A statement by the applicant that he or she has and is familiar with the provisions of both this article and the ordinance dealing with the sale of precious metals and will comply with them.

(H) A statement that the applicant will not violate any of the laws of this state or of the United States or any provisions of the Addison Village Code or any other ordinances of the Village in the conduct of his place of business.

(I) A statement that the applicant has never been convicted of a felony or a misdemeanor involving theft, deceptive practices, advertisements, misbranding or fraud and is not disqualified to receive a license by reason of any matter or anything contained in this Article, the laws of this State or provisions of the Addison Village Code.

(J) A statement by the applicant that he has read 35 ILCS 120/3 and that he will comply with that section and will not issue space, booths, stalls or other areas to vendors who do not have a retailers occupation tax number.

(K) A statement that the applicant has complied with the "Assumed Business Name Act" (805 ILCS 405/1 et seq.).

(L) A floor plan showing the number, location and size of all booths and stalls, aisles, entrances and exits, location of fire prevention equipment, emergency exits, loading berths and washrooms.

(M) A copy of the rental agreement, lease or other type of application given to vendors.

Sec. 10-92. Flea Market Vendors; License Required. [back to top]

It shall be unlawful for any person to sell merchandise at a flea market without first having obtained a flea market vendor's license. (Ord. 81-42)

Sec. 10-93. Application for Flea Market Vendor's License. [back to top]

Applicants for operator's licenses under this Article, whether a person, firm or corporation, shall file a written, sworn application signed by the applicant if an individual, by all partners if a partnership and by the president if a corporation, with the Village Clerk showing:

(A) Name and legal address and phone number of the applicant.

(B) The name and address of the premises to be used at which the vendor's license will be used.

(C) A statement that the applicant has complied with the "Assumed Business Name Act" (805 ILCS 405/1t et seq.), if it applies.

(D) The applicant's retailer's occupation tax number as provided by the Illinois Compiled Statutes.

(E) A statement that the applicant has read and is familiar with 35 ILCS 120/3 and will comply with that section.

(F) A statement by the applicant that he or she has read and is familiar with the provisions of both this Article and the ordinance dealing with the sale of precious metals and will comply with them.

(G) A statement that the applicant has never been convicted of a felony or a misdemeanor involving theft, deceptive practices, advertisements, misbranding or fraud and is not disqualified to receive a license by reason of any matter or thing contained in this Article, the laws of this State or the provisions of the Addison Village Code.

(H) A statement that the applicant will keep the "inventory" and "sales receipts" as required by this Article.

(I) A statement that the applicant will not attempt to sell, store or display stolen merchandise or any other merchandise prohibited by this Article, the Addison Village Code or the laws of the State of Illinois.

(J) A statement of the nature, character and quality of goods, wares or merchandise to be sold, the invoice value and quality of such goods; whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; by direct sale or by direct sale and by taking orders for future delivery;

(K) There shall be no coin-operated amusement and vending devices as defined by Section 10-18 of the Addison Village Code permitted in flea markets.

(Ord. 81-42; 82-62)

Sec. 10-94. Fee for Flea Market Operator's License. [back to top]

The annual fee for a flea market operator's license shall be five hundred dollars ($500.00), which shall be paid to the Village Clerk at the time application for the license is made. Said license shall be valid for one (1) year from the date of issuance.

Sec. 10-95. Fee for Flea Market Vendor's License. [back to top]

The annual fee for a flea market vendor's license shall be eighty-five dollars ($85.00), which shall be paid to the Village Clerk at the time application for the license is made. Said license shall be valid for one year from the date of issuance.

Sec. 10-96. License Not Transferable. [back to top]

No flea market operator's license or flea market vendor's license issued under the provisions of this Article shall be transferable. Any operator's or vendor's license issued shall be valid only at the location of the premises named in the license.

Sec. 10-97. Exhibition of License. [back to top]

Any operator's license issued under this Article must be posted conspicuously in the place of business named therein. Any vendor's license issued under this Article must be posted conspicuously at the booth, stall, space or other area designated to the vendor.

Sec. 10-98. Vendor's Exhibition of Warranties, Guarantees and other Consumer Protection. [back to top]

It shall be the duty of each vendor to post his statement and policy regarding warranties, guarantees, refund policies, return policies and other such consumer protection matters. If the merchandise is to be sold "as is" without any consumer protection, a statement of the same must be posted. All statements shall be posted above, below or next to the vendor's license and shall be printed in letters no less than one-half inch in height.

Sec. 10-99. Operator's Exhibition of Statement. [back to top]

It shall be the duty of each operator to post a sign at every entrance and exit of the flea market area. Such sign shall be no smaller than three feet by three feet (3§) in dimension and must be conspicuously placed at each entrance and exit. Such sign shall include the following:

"Notice! Every vendor in this flea market must exhibit statement of whether or not he or she offers any consumer protection."

Sec. 10-100. Prohibited Storage, Sales and Display. [back to top]

No flea market operator or vendor shall sell, display or store any combustible or flammable liquids, any explosive materials or any flammable compressed gases. No stolen items shall be sold, displayed or stored. No alcohol, cigarettes, firearms, pornographic or obscene material, food, foodstuffs or beverages shall be sold, displayed or stored.

Sec. 10-101. Sales Tax; Sales Receipts, Inventory. [back to top]

It shall be the duty of each vendor to provide a purchaser with a sales receipt for each article purchased. The sales receipt must reflect the purchase price, the amount of sales tax and the total of both.

It shall be the duty of each vendor to file all reports and returns and payments as are required under 35 ILCS 120/3.

It shall be the duty of each vendor to keep an inventory of all merchandise sold, displayed or stored. This inventory shall include the types of merchandise, the make, the model and any serial number which the product might have.

It shall be the duty of all vendors to keep a record of all sales.

Sec. 10-102. Revocation of License. [back to top]

(A) The permits and licenses issued pursuant to this ordinance may be revoked by the Mayor of the Village, after notice and hearing, for any of the following causes:

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

(2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;

(3) Any violation of this ordinance.

(4) Conviction of any felony or a misdemeanor involving theft, deceptive practices, advertisements, misbranding or fraud.

Sec. 10-103. Clean-up Bond Required. [back to top]

Every flea market operator shall post a clean up bond in the amount of three hundred dollars ($300.00). Said bond shall be posted once the application for the operator's license is approved. The operator's license will not be issued until the bond is posted. If, at any time, the full amount of the bond shall be expended, the operator shall post an additional bond in the same amount.

Sec. 10-104. Penalties. [back to top]

Any person, firm or corporation found guilty of violating any section of this Article shall be fined not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00). (Ord. 81-42)

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