Chapter 10 – Licenses
Article V. Massage Establishments. (Ord. 15-13)
Sec. 10-27. Definitions. [back to top]
Licensed Premises. The place or location described in a Massage Establishment License where a Massage Establishment is authorized to operate.
Massage. 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 aid of any mechanical electrical apparatus or appliances with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such persons behalf, will pay money or give other consideration or any gratuity therefor.
Massage Business Commissioner. The Addison Village Manager, or such person’s designee.
Massage Establishment. Any business entity, in any form, including but not limited to any person, corporation, sole proprietorship, joint venture, association, firm, partnership, limited liability corporation or any other form, having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person, corporation, sole proprietorship, joint venture, association, firm, partnership, limited liability corporation or any other entity engages in or carries on any of such activities.
Massage Establishment Employee. Any person who works in or at, or render any services directly related to the operation of, a Massage Establishment; provided, however, that this definition shall not include persons delivering goods, materials, food and beverages, or performing maintenance or repairs, to the Licensed Premises.
Massage Establishment License. A Massage Establishment License as provided in this Article.
Massage Patron. Any individual, other than a Massage Establishment Employee, present in or at any Massage Establishment at any time when such Massage Establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials, food and beverages, or performing maintenance or repairs, to the Licensed Premises.
Massage Therapist. Any person who, for any consideration whatsoever, engages in the practice of massage.
Nude or State of Nudity. A state of dress or undress that exposes to view (i) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided that the areolae is not exposed; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Criminal Act. Any unlawful lewd, indecent, or immoral conduct, including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes, or such amended or successor statutes as may from time to time be adopted:
1. Article II of the Illinois Criminal Code (sex offenses).
2. Section 26-4 of the Illinois Criminal Code, 720 ILCS 5/330 (unauthorized videotaping).
3. Section 33D-1 of the Illinois Criminal Code, 720 ILCS 5/330-1 (contributing to the criminal delinquency of a juvenile).
4. The Obscene Phone Call Act, 720 ILCS 135/0.01 et seq.
5. The Wrongs to Children Act, 720 ILCS 150/0.01 et seq.
6. The Improper Supervision of Children Act, 720 ILCS 640/0.01 et seq.
7. The Sale of Immoral Publications to Children Act, 720 ILCS 670/0.01 et seq.
8 The Cannabis Control Act, 720 ILCS 550/1 et seq.
9. The Illinois Controlled Substance Act, 720 ILCS 5701100 et seq.
Specified Sexual Activities. Any of the following:
1. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
3. Masturbation, actual or simulated.
4. Human genitals in a state of sexual stimulation, arousal, or tumescence.
5. Excretory functions as part of or in connection with any of the activities set forth in Subsections 1, 2, 3, or 4 of this definition.
Transfer of ownership or control of a Massage Establishment. Any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;
3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business; or
4. Any person not previously listed as an applicant who acquires an ownership interest in the business of twenty percent or more.
Sec. 10-28. Massage Business Commissioner. [back to top]
The Massage Business Commissioner shall have the following powers and duties:
1. To administer and rule upon the applications for, and the issuance, renewal, suspension, and revocation of, Massage Establishment Licenses as set forth in this Article.
2. To conduct or provide for such inspections of Massage Establishments as shall be necessary to determine and ensure compliance with the provisions of this Article and other applicable provisions of law.
3. To periodically review the provisions of this Article and the conduct and operation of Massage Establishments, and to make such related reports and recommendations to the Village Board of Trustees as the Massage Business Commissioner shall deem necessary.
4. To conduct such hearings, studies, and reports on Massage Establishments, and the regulations relating thereto, as the Massage Business Commissioner shall deem necessary.
5. To establish written rules and regulations implementing the provisions of this Article, including but not limited to, rules related to the content and processing of any petition, and the conduct of any hearing.
6. To take such further actions as the Massage Business Commissioner shall deem necessary to carry out the purposes and intent of this Article and to exercise such additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this Article.
Sec. 10-29. Massage Establishment License Required. [back to top]
(a) Massage Establishment License Required. A Massage Establishment License shall be required to establish, operate, or maintain a Massage Establishment within the Village. No person shall engage in the business of operating a Massage Establishment in the Village without a valid and current Massage Establishment License therefor issued by the Village pursuant to the terms of this Article. A separate Massage Establishment License shall be required for each Massage Establishment location regardless of whether such multiple establishments are operated by the same person. A separate business license per Article I of this Chapter shall not be required.
(b) Operation in Violation of Massage Article Prohibited. It shall be unlawful for any person to establish, operate, or maintain a Massage Establishment within the Village except in the manner authorized by, and in compliance with, the provisions of this Article. The term of the license shall be one year and the annual fee for a Massage Establishment License shall be according to the Business License Schedule. A non-refundable application fee of $500.00 shall be submitted with each new or renewal application.
Sec. 10-30. Exemptions. [back to top]
(a) No Massage Establishment License shall be required for any hospitals, nursing homes and persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or to those working under the direction of any such persons in any such establishments.
(b) No Massage Establishment License shall be required for any barber, cosmetologist, nail technician or related occupation and lawfully carrying on their respective businesses. Provided, this exemption is only intended to permit normal and customary barber, cosmetologist, nail technician or related services which involve incidental physical contact, such as manicures, scalp rubs and facials, which would otherwise qualify as massage activities. This exemption is not intended, and does not permit, general massage activities as part of any barber, cosmetologist or related business beyond that authorized by their state license or certification.
(c) Where massage services are actually performed at the patron's premises, including the patron's place of business or residence, a Massage Establishment License shall not be required for such patron's premises.
(d) No Massage Establishment License shall be required for fitness clubs where massage is only an incidental or accessory business use.
Sec. 10-31. Application for Massage Establishment License. [back to top]
(a) Required Form. An application for a Massage Establishment License, or the renewal thereof, shall be made in writing to the Massage Business Commissioner on a form prescribed by the Massage Business Commissioner and shall be signed (i) by the applicant, if the applicant is an individual; (ii) by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization; (iii) by a duly authorized agent, if the applicant is a corporation; or (iv) by the trustee, if the applicant is a land trust. The application shall also be signed by the fee simple owner of the licensed premises. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant, the Licensed Premises and the owner of the Licensed Premises for which a Massage Establishment License is sought.
(b) Required Information and Documents. Each application shall include the following information and documents:
1. (i) Individuals: The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
(ii) Corporations: The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and every person owning or controlling more than twenty (20) percent of the voting shares of the corporation; the corporation' s date and place of incorporation and the object for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Illinois; and the name of the registered corporate agent and the address of the registered office for service of process.
(iii) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization: The applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
(iv) Land trusts: The applicant land trust's complete name; the legal name, all aliases, and the business address of the trustee of the land trust; the legal name, all aliases, and the ages, businesses addresses, and social security numbers of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust; and the interest, if any, that the land trust holds in the Licensed Premises.
2. If a corporation or partnership is an interest holder that must be disclosed, then such interest holders shall disclose the information required in this Section with respect to their interest holders.
3. A description of the manner in which the proposed Massage Establishment will be conducted.
4. The length of time that the applicant has been in the massage business.
5. The location, including street address and legal description, and telephone number, of the premises for which the Massage Establishment License is sought.
6. The specific name of the business that is to be operated under the Massage Establishment License.
7. The name, address and telephone number of each fee simple owner of the Licensed Premises. If the applicant is not the fee simple owner of the Licensed Premises, a copy of the applicant's lease shall be provided.
8. A diagram showing the internal and external configuration of the Licensed Premises, including all doors, windows, entrances, exits, the fixed structural internal features of the Licensed Premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architects blueprint shall not be required; provided, however that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the Licensed Premises and to demonstrate compliance with the provisions of this Article. The requirements of this paragraph shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the License sought to be renewed and if the Licensee certifies that the Licensed Premises has not been altered since the immediately preceding issuance of the License and that the previous diagram continues to accurately depict the exterior and interior layouts of the Licensed Premises. The approval or use of the diagram required pursuant to this paragraph shall not be deemed to be, and shall not be interpreted or construed to constitute, any other Village approval otherwise required pursuant to applicable Village ordinances and regulations.
9. The names of each governmental body which, within five years immediately prior to the date of the present application, the applicant, or any of the individuals identified in the application has applied for, received or been denied a license or other authorization to conduct or operate a business (i) substantially the same as a Massage Establishment, and the names and addresses of each such business; (ii) requiring a federal, state, or local liquor license; or (iii) requiring a federal, state, or local gaming license.
10. The specific type or types of Massage Establishment(s) that the applicant proposes to operate in the Licensed Premises.
11. A copy of each Massage Establishment License, liquor license, and gaming license from any governmental entity and currently held by the applicant, or any of the individuals identified in the application.
12. Whether the applicant, or any of the individuals identified in the application has been, within five years immediately preceding the date of the application, convicted of, or pleaded nolo contendere to, any Specified Criminal Act. As to each conviction, the applicant or other individual shall provide the conviction date, the case number, the nature of the misdemeanor or felony violation(s) or offense(s), and the name and location of the court.
13. Whether the applicant, or any of the individuals identified in the application has had a license or other authorization to conduct or operate a business substantially the same as a Massage Establishment or any business requiring either a liquor or gaming license, revoked or suspended by any governmental entity, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue.
14. The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed Massage Establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to Section 10-31(b)(1), (2), (9), (11), (12), and (13).
15. For the individual or individuals executing the application pursuant to Section 10-31(a), and the individual or individuals identified pursuant to Section 10-31(c)(14) of this Article, a fully executed waiver on a form prescribed by the Village to obtain criminal conviction information pursuant to the Illinois Uniform Conviction Information Act.
16. The applicants shall submit their fingerprints to be used in completing the investigation. Applicants are required to present themselves for fingerprints to be taken by the Addison Police Department as provided by the Massage Business Commissioner. If the applicant is a corporation, fingerprints shall be required of each of the applicant's officers, directors, and any stockholder or stockholders owning in the aggregate more than twenty percent of the stock of such corporation. If the applicant is a partnership, fingerprints shall be required of all general partners, and any limited partner owning more than twenty percent of the aggregate limited partner interest in such partnership. Fingerprints shall be required for each manager and each employee. Applicant shall pay the applicable fees for fingerprints and investigation. Provided, in the case of a renewal application, fingerprints and the fingerprint fee shall not be required from a renewal applicant whose fingerprints are on file unless the Massage Business Commissioner determines that there may be reason to believe that the renewal applicant may have unreported convictions.
17. A copy of the State license for any massage therapists engaged in massage therapy at the Massage Establishment.
(c) Incomplete Applications. Any application for a Massage Establishment License that does not include all of the information and documents required pursuant to this Section, as well as any fee required by this Article, shall be deemed to be incomplete and shall not be acted on or processed by the Village. The Massage Business Commissioner shall, within ten days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
Sec. 10-32. Processing of Application. [back to top]
(a) Massage Business Commissioner Review. The Massage Business Commissioner shall cause such inspections and investigations to be conducted as the Massage Business Commissioner shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed Massage Establishment and Licensed Premises comply with the requirements of this Article and other applicable laws, code, ordinances, rules, and regulations.
(b) Reliance on Diagram. In the event that the Licensed Premises has not yet been constructed or reconstructed to accommodate the proposed Massage Establishment, the Massage Business Commissioner shall base his written reports, investigations, and inspections to the extent necessary, on the diagram submitted pursuant to this Article. Any Massage Establishment License issued prior to the construction or reconstruction necessary to accommodate the proposed Massage Establishment shall be subject to the condition that the Massage Establishment shall not open for business until the Licensed Premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application.
(c) Applicant Cooperation Required. An applicant for Massage Establishment License shall cooperate fully in the inspections and investigations conducted by the Massage Business Commissioner. The applicant's failure or refusal (i) to give any information reasonably relevant to the investigation of the application; (ii) to allow the Licensed Premises to be inspected; (iii) to appear at any reasonable time and place for examination under oath regarding the application; or (iv) to otherwise cooperate with the investigation and inspection required by this Article, shall constitute an admission by the applicant that the applicant is ineligible for a Massage Establishment License and shall be grounds for denial of the License by the Massage Business Commissioner.
(d) Issuance or Denial - Massage Establishment License. The Massage Business Commissioner shall, within 60 days after submittal of a properly completed application, or within such other period of time as the Village and the applicant shall otherwise agree, either issue or deny issuance of a Massage Establishment License pursuant to this Article. Provided, if after 45 days a criminal history background investigation has not been completed, the Massage Business Commissioner may issue a temporary Massage Establishment License during the investigation period. The temporary Massage Establishment License shall only be valid for 90 days from the date of issuance and shall automatically terminate at the end of the 90 day term. The Massage Business Commissioner has the right to revoke the temporary Massage Establishment License immediately upon an unsatisfactory completion of a criminal history background investigation.
(e) Decision Final. The action taken by the Massage Business Commissioner to issue or deny a Massage Establishment License shall be final and shall be subject to judicial review.
Sec. 10-33. Standards for Issuance or Denial of Massage Establishment License. [back to top]
(a) Issuance. The Massage Business Commissioner shall issue a Massage Establishment License to an applicant if, but only if, the Massage Business Commissioner finds and determines all of the following, based on the reports, investigations, and inspections conducted (or caused to be conducted) by the Massage Business Commissioner and on any other credible information on which it is reasonable for the Massage Business Commissioner to rely:
1. All information and documents required by this Article for issuance of a Massage Establishment License have been properly provided and the material statements made in the application are true and correct.
2. All persons identified in the application pursuant to this Article are at least 18 years of age.
3. No person identified in the application pursuant to this Article has been convicted of, or pleaded nolo contendere to, any Specified Criminal Act within five years immediately preceding the date of the application.
4. No person identified in the application pursuant to this Article has been convicted of, or pleaded nolo contendere to, any violation of a provision of this Article within five years immediately preceding the date of the application.
5. No person identified in the application pursuant to this Article is overdue on payment to the Village of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any Massage Establishment.
6. No person identified in the application pursuant to this Article is residing with, or married to, a person (i) who has been denied a Massage Establishment License within 12 months immediately preceding the date of the application, (ii) whose Massage Establishment License has been revoked within 12 months immediately preceding the date of the application, or (iii) whose Massage Establishment License is under suspension at the time of application.
7. The Massage Establishment and the Licensed Premises, and the proposed operation of the Massage Establishment, comply with all then-applicable building, health, and life safety codes and regulations, have clean toilet and sink facilities, and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the Village Zoning Ordinance.
8. No Massage Establishment License shall be issued to any person for premises for which a liquor license or Adult Establishment License has been issued as provided in the Addison Village Code.
9. When a Massage Establishment License shall have been revoked or surrendered following notice of hearing as provided in this Article, no license shall be granted to any person for the period of one year thereafter for the conduct of a Massage Establishment in the premises described in the revoked license.
10. The applicant has confirmed in writing and under oath as part of the application that the applicant had read this Article and all provisions of the Village Zoning Ordinance applicable to Massage Establishments, that the applicant is familiar with their terms and conditions, and that the Licensed Premises and the proposed Massage Establishment and its proposed operation are and shall be in compliance therewith.
(b) Denial. If the Massage Business Commissioner determines that the applicant has not met any one or more of the conditions set forth in Subsection (a) of this Section, then the Massage Business Commissioner shall deny issuance of the Massage Establishment License and shall give the applicant a written notification and explanation of such denial. The Massage Business Commissioner's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. The Massage Establishment License shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this Subsection.
(c) License Deemed To Be Allowed. If the Massage Business Commissioner does not issue or deny the Massage Establishment License within 45 days after the properly completed application is submitted, then the Massage Establishment License applied for shall be deemed to have been allowed.
Sec. 10-34. Inspections by the Village. [back to top]
(a) Authority. The Massage Business Commissioner and other Village representatives and departments shall periodically inspect all Licensed Massage Establishments as shall be necessary to determine compliance with the provisions of this Article and all other applicable law.
(b) Licensee Cooperation. A Licensee shall permit representatives of the Village to inspect the Licensed Premises and the Licensed Massage Establishment for the purpose of determining compliance with the provisions of this Article and all other applicable law at any time during which the Licensed Premises is occupied or the Massage Establishment is open for business.
(c) Interference or Refusal Illegal. It shall be unlawful for the Licensee, any Massage Establishment Employee, or any other person to prohibit, interfere with, or refuse to allow, any lawful inspection conducted by the Village pursuant to this Article or any other authority.
(d) Suspension or Revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the Massage Establishment License pursuant to this Article.
Sec, 10-35. Change in Information. [back to top]
During the pendency of any application for, or during the term of, any Massage Establishment License, the applicant or Licensee shall promptly notify the Massage Business Commissioner in writing of any change in any material information given by the applicant, Licensee or Permittee in the application for such License.
Sec. 10-36. General Regulations. [back to top]
(a) General Compliance. All Massage Establishments shall comply with the provisions of this Article; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws.
(b) Massage Establishment Employees must wear clean, non-transparent outer garments covering the sexual and genital areas which shall include the genitals, pubic area, buttocks, anus or perineum of any person or the vulva or breasts of a female.
(c) The sexual or genital areas of Massage Establishment Patrons must be covered by towels, cloths or undergarments when in the presence of a Massage Establishment Employee.
(d) No Massage Establishment Employee or any other person at any Massage Establishment, shall knowingly place his or her hand upon, or touch with any part of his or her body, with intent to fondle in any manner, a sexual or genital area of any other person.
(e) No Massage Establishment Employee or any other person at any Massage Establishment, shall perform, offer or agree to perform any act which would require the touching of the patron's genital or sexual area.
(f) No Massage Establishment Employee or any other person at any Massage Establishment, shall administer a massage to any part of a patron's body which exhibits any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the state determines that such persons may be safely massaged, prescribing the conditions thereof.
(g) No Massage Establishment Employee or any other person at any Massage Establishment shall perform or conduct any Specified Sexual Activity with or for any Massage Establishment Patron or any other Massage Establishment Employee or any other person. No Massage Establishment Patron or any other person at any Massage Establishment shall perform or conduct any Specified Sexual Activity with or for any Massage Establishment Employee or any other Massage Establishment Patron or any other person.
(h) Gambling and Related Devices Prohibited. No Massage Establishment shall contain any video, pinball, slot, bagatelle, pigeon-hole, pool, or any other games, machines, tables, or implements.
(i) Alcohol Prohibition. No alcoholic liquor shall be delivered, received, sold, purchased provided or consumed by any Massage Establishment Employee at any Massage Establishment.
Sec. 10-37. Additional Regulations Applicable to Licensed Massage Establishments. [back to top]
(a) Animals. No animals, except only for seeing-eye dogs to assist the blind, shall be permitted at any time at or in any Licensed Massage Establishment.
(b) Restrooms. All restrooms in a Licensed Massage Establishment shall be equipped with standard toilets, sinks, and other traditional lavatory facilities.
(c) Restricted Areas. No Massage Patron shall be permitted at any time to enter into any of the non-public portions of any Licensed Massage Establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of Massage Establishment Employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the Licensed Premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.
(d) Every Massage Establishment Licensee shall cause the Massage Establishment License to be framed, covered by glass, and hung at all times in plain view in a conspicuous place on the Massage Establishment Licensed Premises so that it can be easily seen and read at any time by any person entering the Massage Establishment Licensed Premises.
(e) At all times during the hours of operation of a Licensed Massage Establishment there shall be present a manager of the Licensed Massage Establishment Licensee who shall be not less than eighteen years of age.
(f) No Massage Establishment Licensee shall permit any person to remain in or upon Massage Establishment Licensed Premises who commits any Specified Criminal Act therein.
(g) Except for Approved Massage Schools, no Massage Establishment Licensee shall employ as a Massage Therapist any person unless said person has obtained and has in effect a Massage Therapist Permit issued pursuant to State law.
(h) No portion of a Licensed Massage Establishment shall be designed, modified, equipped or used as a residence or for residential purposes. No person shall reside, board or otherwise use a Licensed Massage Establishment as a residence.
Sec. 10-38. Licensee's Responsibility. [back to top]
Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Article, by any officer, director, manager, Massage Therapist or other agent or Massage Establishment Employee of any Massage Establishment Licensee, shall be deemed and held to be the act of such Licensee, and said Licensee shall be punishable in the same manner as if said act or omission had been committed or omitted by the Licensee personally. Accordingly, any such act or omission of any such persons constituting a violation of the provisions of this Article shall be deemed, for purposes of determining whether the Licensee's Massage Establishment License shall be issued, revoked, suspended, or renewed, to be the act or omission of the Licensee.
Sec. 10-39. Revocation or Suspension. [back to top]
(a) Grounds. Pursuant to the procedures set forth herein, the Massage Business Commissioner may suspend for not more than 30 days, or revoke, any Massage Establishment License if the Massage Business Commissioner, based upon credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
1. The Licensee has violated any of the provisions or requirements of this Article, the Massage Establishment License issued pursuant hereto, or the provisions of the Village Zoning Ordinance applicable to the Licensed Premises.
2. The Licensee (i) knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the Village for issuance or renewal of any Massage Establishment License or (ii) knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the Licensee's behalf.
3. The Licensee or any massage therapist practicing at the licensed premises has committed a felony, Specified Criminal Act, or Specified Sexual Activities on the Licensed Premises.
4. The Licensee authorizes, approves, or, as a result of the Licensee's negligent failure to supervise the Licensed Premises or the Massage Establishment, allows, a Massage Establishment Employee, a Massage Establishment Patron, or any other person to (i) violate any of the provisions or requirements of this Article or the provisions or requirements of the Massage Establishment License issued pursuant hereto, (ii) commit any felony or Specified Criminal Act on the Licensed Premises, or (iii) commit any Specified Sexual Activity as defined in this Article.
5. The Licensee, or any person identified pursuant to Sections 10-31(c) of this Article becomes disqualified for the issuance of a License or Permit.
6. The Licensee is delinquent in payment to the Village for taxes or water/sewer charges related to the massage business.
7. Any massage therapist practicing at the licensed establishment commits any act in violation of State or local laws on the premises.
(b) Procedure. A Massage Establishment License may be suspended for not more than 30 days, or revoked, pursuant to the terms and conditions set forth in this Section.
1. Notice. Upon determining that one or more of the grounds for suspension or revocation under this Section may exist, the Massage Business Commissioner shall serve a written notice on the Licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in their application. A copy of this notice shall also be sent to the fee simple owner of the Licensed Premises as shown on Licensee's application. The written notice shall, at a minimum, (i) state that Massage Business Commissioner has determined that the Massage Establishment License may be subject to suspension or revocation pursuant to this Article; (ii) identify the specific grounds for the Massage Business Commissioner's determination; and (iii) set a date for a hearing regarding the Massage Business Commissioner's determination as to the possibility of suspension or revocation of the Massage Establishment License. The date of the hearing shall be no less than five days after service of the Massage Business Commissioner's notice, unless an earlier or later date is agreed to by the Licensee and the Massage Business Commissioner.
2. Suspension of Massage Business Pending Hearing. The Massage Business Commissioner may order the immediate suspension of all massage activities at any Massage Establishment or by any Massage Therapist pending the hearing set forth herein where the Massage Business Commissioner determines that there is an immediate danger to the public health, safety or welfare; or where the License had been suspended within the previous 48 months. In addition, the Massage Business Commissioner may condition any continuance of the hearing upon suspension of massage business at any Massage Establishment or by any Massage Therapist.
3. Hearing. The hearing shall be conducted by the Massage Business Commissioner. At the hearing, the Licensee may present and submit evidence and witnesses to refute the grounds cited by the Massage Business Commissioner for suspending or revoking the License and the Village and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the Massage Establishment License pursuant to Section 10-40 of this Article shall be made part of the hearing record. Provided, the Massage Business Commissioner may designate a hearing officer to schedule, convene and conduct the public hearing. In such case, the hearing officer shall have the same powers as the Massage Business Commissioner to conduct the hearing. Where such designation has been made, the hearing officer shall submit proposed findings and recommendations to the Massage Business Commissioner within seven days of the close of the hearing. Within fourteen days after the close of the hearing, the Massage Business Commissioner shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Massage Business Commissioner shall be final and shall be subject to judicial review.
4. Notice and Effective Date of Suspension or Revocation. The Massage Business Commissioner's written decision shall be posted at the office of the Massage Business Commissioner and shall be served on the Licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in their application. In addition, a copy of such order shall be mailed to the fee simple owner of the Licensed Premises. Any suspension or revocation, as the case may be, shall take effect on the day that the Massage Business Commissioner's written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this section.
5. Surrender of License. Upon the suspension or revocation of a Massage Establishment License pursuant to this Article, the Massage Business Commissioner shall take custody of the suspended or revoked License.
Sec. 10-40. Administrative Record. [back to top]
The Massage Business Commissioner shall cause to be kept in the Massage Business Commissioner's office an accurate record of every Massage Establishment License application received and acted on, together with all relevant information and material pertaining to such application.
Sec. 10-41. Record keeping by Licensee. [back to top]
The Licensee of every Massage Establishment shall maintain a register of all of its Massage Establishment Employees. For each such Employee, the register shall include the following information:
1. Legal name.
2. Any and all aliases.
3. Date of birth.
5. Social security number.
6. Certificates from accredited schools.
7. Date of commencement of employment.
8. Date of employment termination, if applicable.
9. Specific job or employment duties.
10. A copy of any Massage Therapist License issued to such employee pursuant to State law.
The register shall be maintained for all current Employees and all Employees employed at any time during the preceding 36 months. The Licensee shall make the register of its Massage Establishment Employees available for inspection by the Village immediately upon demand at all reasonable times.
Sect. 10-42. Transfer--Changes in Ownership or Management. [back to top]
(a) Any Massage Establishment License issued pursuant to this Article shall be applicable only to the specific Massage Establishment Licensee and location designated, and may not be sold, transferred, or otherwise assigned.
(b) A transfer in the ownership or control of a Massage Establishment shall constitute a change in the Massage Establishment Licensee and the existing Massage Establishment License shall be deemed surrendered and extinguished. A new application and Massage Establishment License shall be filed and processed as provided in this Article prior to such transfer taking effect. Any transfer in the ownership or control of a Massage Establishment in violation of this section shall constitute operation of such business without a Massage Establishment License.
(c) Notice shall be provided prior to any change of the designated manager conducting business for the Massage Establishment Licensee. The new manager must be qualified to operate the Massage Establishment as provided herein. The Massage Establishment Licensee shall, not less than ten business days before such change is to take effect, give the Massage Business Commissioner written notice of such change. The notice shall include any information concerning the new manager which is required in Section 10-31 of this Article.
Sec. 10-43. Nuisance Declared. [back to top]
(a) Any Massage Establishment established, operated, or maintained in violation of any of the provisions or requirements of this Article or of any Massage Establishment License shall be, and the same is, declared to be unlawful and a public nuisance. The Village may, in addition to or in lieu of any other remedies set forth herein, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an Massage Establishment contrary to the provisions of this Article.
Sec. 10-44. Penalty. [back to top]
Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of, any of the provisions or requirements of this Article or of any of the provisions or requirements of any Massage Establishment License, shall be fined not less than $150.00 nor more than $1,000.00 and each day that a violation continues shall be deemed a separate offense. Provided, this provision shall not limit the authority of the Massage Business Commissioner to suspend or revoke any License.
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. Residential Rental Dwellings/Licensing and Inspection. (Ord. 12-62)
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 a compliance assessment, 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.
Code Official: shall mean the Director of Community Development, charged with the administration and enforcement of this Code and all associated ordinances. For the purpose of this Article, reference to the term “Code Official” shall also designate the Code Enforcement Officer, a Community Development Inspector, a Plan Examiner, the Building Division Supervisor, or other designee as having the same authority identified.
Code standards: shall mean those Code issues that apply to all structures but are not used with the inspection process to determine an annual grade for a rental site. See Inspection issues.
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, whether located in a building used for single family, multi-family or any other type of residential occupancy.
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, whether located in a building, used for single-family, multi-family or any other type of residential occupancy.
Inspection: shall mean the annual inspection, semiannual inspection, a reinspection or an exterior only inspection.
Inspection issues: shall mean those issues listed in the Housing Manual which are noted as the basis of determining the annual grade or as an inspection issue for any additional or follow-up rental inspection.
Interior common areas: shall mean interior spaces not part of a dwelling unit, including all interior utility areas and all interior 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, regardless of whether located in a building used for single-family, multi-family or any type of residential occupancy. 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: shall mean 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.
Tenant compliance letter: shall mean a form developed and supplied by the Addison Community Development Department to document that the occupants were notified of their responsibilities. (Ord. 02-37; 04-40; 06-38; 07-39; 10-26; 11-17; 12-62)
Sec. 10-81. License Required. [back to top]
(A) No person shall allow a dwelling or dwelling unit under their ownership to be occupied or have the potential to be occupied by others, where rent is/will be charged unless a residential rental license is in effect therefore, as provided by this Chapter (excluding hotels, motels and dwelling units where the unit is co-occupied by the property owner). Licenses shall be issued for a period of up to one (1) year. All licenses expire on April 30, unless sooner revoked.
If the rental license is not properly applied for, submitted and received by April 30, a late fee of fifty dollars ($50.00) will be assessed. In addition, if the license is not properly applied for, submitted and received prior to June 15, citations will be issued, subject to the fines associated with this Chapter.
Notwithstanding the foregoing, properties new to the rental program will not be required to pay a fee for the current license year when the subject property changes from being owner occupied to a rental property after January 31 of the current license year.
(B) No license shall be transferable to another rental dwelling. 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.
(C) Every owner shall provide written notification whenever a property no longer requires a rental license. Such notification shall include; the site address, the date and reason a license is no longer required and contact information of the property owner.
(Ord. No. 02-37; 04-40; 06-38; 07-39; 08-19; 10-26; 11-17; 12-11; 14-09)
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 for existing rentals 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; if owned by a business, the business name, designated representative and their date of birth, address, post office box (if applicable) and a daytime phone number is required.
(B) The license application shall designate two (2) contacts, their names, title and phone numbers for twenty-four (24) hour contact in case of an emergency. Each contact shall have a different phone number from the other contact, one of which may be the property owner. 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.
(C) Full name, address, day and evening phone number and date of birth of the applicant for the license.
(D) If applicable, the authorization or refusal to allow the removal of graffiti by the Village.
(Ord. 04-40; 05-13; 06-38; 07-39; 10-26; 11-17; 14-09)
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. Mandatory Crime Free Seminar. [back to top]
A) Any owner of a property that is required to obtain a rental license 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. 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 (3) months of the issuance of the license. In the event a Seminar is not attended within three (3) months, the license shall be void.
(B) A property manager shall be considered an agent of the owner. A new manager shall have three (3) months from the date of hire to attend the Seminar. A new property owner shall have three (3) months from the date of purchase of the property to attend the Seminar.
(C) The Crime Free Multi-Housing Coordinator, as designated by the Director 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.
(D) 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.
(E) Any owner, agent or designee may be required to attend and complete a four-hour Village of Addison Crime Free Multi-Housing Program Seminar Refresher Course pursuant to Section 12.38, Judicial Remedies, if in violation of Section 12.35, Chronic Nuisance Property.
(Ord. No. 04-40; 09-02; 10-26; 11-17; 13-09; 14-09; 15-23)
Sec. 10-85. License Fees and Inspection Fees. [back to top]
No license shall be issued until all
applicable inspection fees, license fees, past due water bills, repair costs
owed to the Village of Addison, liens and citation fines have been paid to the
Sec. 10-85.1. Annual Residential Rental License Fees and Inspections. [back to top]
The annual residential rental license fees for the 2014-2015 residential rental license year and all subsequent license years shall be seventy-five dollars ($75.00) per dwelling/dwelling unit plus:
$50.00 for each building having two (2) to five (5) units;
$75.00 for each building having six (6) to eleven (11) units;
$100.00 for each building having twelve (12) to seventeen (17) units;
$125.00 for each building having eighteen (18) to twenty-three (23) units; and
$150.00 for each building having more than twenty-three (23) units.
Single-family homes shall be charged a dwelling unit fee of seventy-five dollars ($75.00) plus seventy-five dollars ($75.00) for the exterior, including all accessory structures used by the tenant, making the total license fee one hundred fifty dollars ($150.00).
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 (1) or more of the condominium units or of the townhome.
(A) The annual residential rental license fee includes the fee for a complete annual inspection but does not include any charges for rescheduling, reinspections, semiannual or exterior only inspections.
(B) The annual rental inspection shall be scheduled to inspect twenty (20) percent of the dwelling units in each building. When the calculation of twenty (20) percent of the total units creates a fraction of a unit, it shall be increased (rounded up) to the next 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 (20) percent of all dwelling units and all other common interior areas. If any unit is found to be infested during an annual inspection, all rental units in the building are subject to the inspection process, except for those 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 dwellings or dwelling units required to have a rental license. Additional inspections may be required based on the results of the initial annual inspection, semiannual or exterior inspections. Property owners have an affirmative obligation to allow such inspections.
Every building inspected shall receive an inspection grade based on the results of the annual inspection. Only those issues identified in the Housing Manual as inspection issues shall be used to determine the grade 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.
(D) The total number of dwelling units (excluding vacant units defined as a “work in progress” or owner occupied) inspected in the building, plus one (1) for interior common areas and plus one (1) for the exterior common area of the building, including all accessory structures, shall determine the total number of inspection areas used in calculating the annual inspection grade. For those condominium units or townhomes (that do not have maintenance responsibility for the exterior or common interior areas) that are to be inspected, there shall only be one (1) inspection area. 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.
(E) 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 the work that qualified the unit for the exemption shall be charged a one hundred dollar ($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 (7) 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 ninety (90) calendar days. (Ord. 10-26; 11-17; 14-09).
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 (2) separate entrances, each with a different address, shall be considered two (2) buildings when the interior common area is not continuous throughout the building. If the building has two (2) entrances, each with a separate address with the interior common hallway allowing for passage from one (1) entrance to the other, only one (1) residential rental license shall be issued.
If there are two (2) 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 (1) 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 (12) months following the initial annual inspection, the respective building or site receives four (4) or more valid service requests (complaints) that have not been corrected within seven (7) calendar days after being notified by the Village or is found guilty of a violation of the housing program regulations. This exemption shall not be approved if during the annual inspection, there is any violation relating to infestation or there are four (4) 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 and maintaining the associated Waived status, the building shall be exempted from the following two (2) annual inspections and the following two (2) 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 (2) 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 (1) but not more than three (3) 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 (1) 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 (3) 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 (2) 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. (Ord. 15-04)
(C) Sites receiving a Very Good grade:
(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 at fifty dollars ($50.00) per unit where violations exist and/or the building fee if violations exist in interior common areas or the exterior of the building; and
(2) shall be charged a fee for one (1) 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 at fifty dollars ($50.00) per unit where violations exist and/or the building fee if violations exist in interior common areas or the exterior of the building; and
(2) shall be charged a fee for one (1) semiannual inspection equal to the annual license fee; and
(3) shall be charged a fee for two (2) exterior only inspections equal to the annual license fee less the per unit charge for each inspection.
(Ord. 10-26; 12-11; 14-09)
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 fifty dollars ($50.00) per unit where violations exist and/or the building fee if violations exist in interior common areas or the exterior of the building. (Ord. 10-26; 14-09)
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 (2) 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.
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.
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 forty-eight (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 fifty dollars ($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. The inspector must be present on site and allow an additional fifteen (15) minutes, unless confirmation from the property owner or their designee (of being late) is received before documenting that the inspection must be rescheduled.
Requests to reschedule an inspection shall be subject to a fee of fifty dollars ($50.00) unless a request to change the inspection date is received a minimum of twenty-one (21) days prior to the inspection date. 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.
(Ord. 10-26; 12-11)
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, 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, the Village shall notify the licensee and investigate the complaint. If the complaint is valid, and the licensee has not addressed the issue within seven (7) calendar days, the licensee shall be responsible for the payment of the inspection costs incurred by the Village and any subsequent reinspection costs. If it has been determined that the respective building has received four (4) or more valid service requests within twelve (12) months following the initial annual inspection, an additional inspection consisting of the building exterior, the interior common areas and all rental dwelling units shall be conducted and the building will be charged a fee the same as the initial license fee. 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. In addition, if the violation(s) found on the service request are not corrected within seven (7) calendar days after being notified by the Village, the valid service request shall be counted against the grade of the building as indicated in Subsection 10-85(B). (Ord. 14-09; 15-04)
(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.
(H) Whenever the Code Official, upon presentation of proper credentials and request for entry to inspect, is refused access to any building, dwelling, dwelling unit, rooming unit, or premises, the Code Official is authorized to petition any judge for the issuance of a search warrant 10-authorizing the inspection of such building, dwelling, dwelling unit, rooming unit or premises for the purpose of making such inspections as shall be necessary to the enforcement of the provisions of this Chapter or Chapter 24.
(Ord. 04-40; 07-39; 10-26; 11-17; 14-09)
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 rental of a residential unit or residential building within an apartment community or governed by a homeowner's association (the “Property”) to a tenant who commits, or allows to be committed by a member of the tenant’s household, guest, or other party under the control of the tenant, acts which would cause the Property to become a chronic nuisance property under Article VI of Chapter 12 of the Addison Village Code. (09-02; 09-54; 10-26; 16-10)
Sec. 10-87. Tenant Responsibility/Notification by Landlord. [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]
(A) Any person not in compliance with the provisions of this Chapter as a result of failure to obtain a required rental license and any person who violates any other provision of this Chapter 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, any judgment shall include an award of costs and any outstanding fees owed to the Village under this Chapter.
(Ord. 80-98; 01-35; 04-40; 08-19; 09-02; 10-26; 11-17; 12-18)
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 (1) 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 (1) 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 (1) 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.
(C) Name of the owner of the premises and the names of beneficial owners if the property is in a land trust.
(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 retailer's 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 (1) 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 (1/2) 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 (3) feet by three (3) feet in dimension and must be conspicuously placed at each entrance and exit. Such sign shall include the following:
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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