Chapter 10: Licenses, Permits and Business Regulations

Sec. 10-1. Manner of Making Application for Licenses and Permits; Contents

Applications for all licenses and permits required by this Code or other ordinance of the Village shall be
made in writing to the Village Clerk in the absence of provision to the contrary. Each application shall state the
name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee
to be paid; and each application shall contain such additional information as may be needed for the proper
guidance of the Village officials in the issuing of the permit or license.

Sec. 10-2. Village Clerk to Keep Forms on File

Forms for all licenses and permits, and applications therefore shall be prepared and kept on file by the
Village Clerk.

Sec. 10-3. Signature of Village President and Clerk Required on Licenses and Permits

Each license or permit issued by the Village shall bear the signatures of the Village President and the
Village Clerk in the absence of any provision to the contrary.

Sec. 10-4. Procedure for Investigations

Upon the receipt of an application for a license or permit where this Code or any other ordinance of the
Village necessitates an inspection or investigation before the issuance of such permit or license, the Village
Clerk shall refer such application to the proper officer for making such investigation within forty -eight (48)
hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection
shall make a report thereon, within a reasonable time after receiving the application or a copy thereof.

Sec. 10-5. Fees: to be Paid in Advance; Prorating

a. In the absence of provision to the contrary, all fees and charges for licenses or permits shall be paid in
advance at the time application is made to the Village Clerk.

b. When a business is commenced after the expiration of part of the license year, an annual license for
the balance of the year will be issued for a proportionate part of the annual fee.

Sec. 10-6. Expiration Date of Annual Licenses

All annual licenses shall terminate on the last day of the fiscal year of the Village in which they are issued,
where no provision to the contrary is made.

Sec. 10-7. Building and Premises to Comply with Code and Other Ordinances

No license or permit shall be issued if the premises and building to be used for the purpose do not fully
comply with the provisions of this Code and other ordinances of the Village.

Sec. 10-8. Licenses Transferable; Exceptions; Manner of Transferring

a. Licenses may be transferred by the original licensee provided that written notice thereof is given to the
Village Clerk within ten (10) days before the transfer is made. No more than one (1) transfer of any
license shall be made within the license year.

b. It shall be unlawful to transfer any peddlers of itinerant merchant's license, and any attempted transfer
of such a license shall have no effect.

Sec. 10-9. Changes of Location

In the absence of any provision to the contrary, the location of any licensed business or occupation, or of
any permitted act may be changed if ten (10) days’ notice thereof is given to the Village Clerk and if a license
could initially be issued for such location.

Sec. 10-10. Duty to Permit Inspections and Tests; Furnishing Samples; Violations

a. Whenever inspections of the premises used for or in connection with the operation of a licensed
business or occupation are provided for or required by ordinance, or are reasonably necessary to
secure compliance with any provision or to detect violations thereof, it shall be the duty of the
licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of
making such inspection at any reasonable time that admission is requested.

b. Whenever any analysis of any commodity or material is reasonably necessary to secure conformance
with any provision of this Code or to detect violations thereof, it shall be the duty of any licensee of
the municipality whose business is governed by such provisions to give to any authorized officer or
employee of the municipality requesting the same, sufficient samples of such material or commodity
for such analysis upon request.

c. In addition to any other penalty which may be provided, the Village Board of trustees may revoke the
license of any licensed proprietor of any licensed business in the Village who refuses to permit any
such officer or employee to make inspection, or take an adequate sample of the desired commodity, or
who interferes with such officer or employee while in the performance of his duty in making such
inspection. No license shall be revoked for such cause unless written demand is made upon the
licensee or person in charge of the premises, in the name of the Village, stating that such inspection or
sample is desired at the time it is sought to make the inspection or obtain the sample.

Sec. 10-11. Nuisance Businesses Prohibited

No business, licensed or not, shall be so conducted or operated in the Village as to amount to a nuisance in
fact. (Code 1941, 145)

Sec. 10-12. Revocation of Licenses, Permits Authorized

Any license or permit issued for a limited time may be revoked by the Village President at any time during
the life of such license or permit for any violation by the licensee or permittee of any provision of this Code or
state law relating to the license or permit, the subject matter of the license or permit, or to the premises
occupied. Such revocation may be in addition to any fine imposed.

Sec. 10-13. Posting Required

It shall be the duty of any person conducting a licensed business in the Village to keep his license posted at
all times, in a prominent place on the premises used for such business.

Sec. 10-14. Definitions

For the purposes of this Section, “Outdoor Dining Areas” are defined as the use of an adjacent, outside area by
an establishment for the same authorized eating and drinking activities that occur within the establishment.

Sec. 10-15. Location

The location of any Outdoor Dining Area shall comply with all setback requirements in the applicable zoning
district as set forth in the Zoning Ordinance and shall not obstruct pedestrian or vehicular traffic.

Sec. 10-16. Supervision and Control

Any Outdoor Dining Area shall be under the direct supervision and control of the principal establishment and
such dining area shall be enclosed by a fence or other protective safety barrier which shall be constructed to
clearly delineate the boundaries of the area and to protect the health and safety of establishment patrons and
the general public.

Sec. 10-17. Hours of Operation

The hours of operation of any Outdoor Dining Area shall be within the normal operating hours of the principal
establishment.

Sec. 10-18. Live Entertainment

Live entertainment shall be permitted in any Outdoor Dining Area only if otherwise in compliance with all
applicable Village Ordinances, including but not limited to Chapter 12, Sections 12 -7 “Noise”, as well as any
other applicable law, rule or regulation.

Sec. 10-19. Approval and Permits

Plans shall be provided to the Village delineating the proposed location and layout of the Outdoor Dining Area
and shall be reviewed by the Village Board for approval. After approval of the proposed location and layout by
the Village Board, plans shall additionally be provided in accordance with the building construction/alteration

permit process set forth in Chapter 7, “Buildings and Building Regulations and shall be reviewed in
accordance with the same process. Current annual Outdoor Dining fee is due upon approval and will be
renewable April 30 of each year thereafter.

Sec. 10-20. Compliance

The principal establishment and Outdoor Dining Area shall be and shall remain at all times in compliance with
all Village Ordinances, as well as any and all other applicable laws, rules and regulations of any other
applicable governing agency, including but not limited to the State of Illinois and the Winnebago County
Health Department, pertaining to the principal establishment and/or Outdoor Dining Areas.
(Ord. No. 2025-2; 2/24/2025)

Sec. 10-21. Reserved

Sec. 10-63. License Required

It shall be unlawful to operate or carry on the business of junk dealer or to keep any junk shop, store or
place for the purchase or sale of junk, rags, old rope, paper or bagging, old iron, brass, copper or empty bottles,
without having obtained a license therefore.

Sec. 10-64. License Fee

The annual fee for a license required by this article shall be determined as follows:

a. A fee of two hundred and fifty dollars ($250.00) shall be charged for the operation of the
business.

1Cross references - License for distributing handbills and samples, 3 -17; license for retail sale of alcoholic
beverages, 4 -28 et seq.; license for employees of retail liquor establishments, 4 -45 et seq.; license for
amusements generally, 5 -2; permit for coin -operated amusement devices, 5 -8; permit for exhibition of wild
animals, 5-9; license for billiards and pool halls, 5 -20; license for bowling alleys, 5 -33; license for circuses
and carnivals, 5-46; license for athletic exhibitions, 5-59; permit for moving buildings, 7-29; peddlers license,
13-1; license for itinerant merchants, 13-17; registration of solicitors, 13-32 et seq.; permit for erection of gas
pumps, 15 -13; permit for construction of streets or sidewalks, 15 -36; permit for excavations in streets and
sidewalks, 15-46; retailer's occupation tax, 16 -16 et seq.; service occupation tax, 16 -29 et seq .; permit for
construction of driveways, 16-54; permit for removal of trees from public property, 17-20; permits for planting
trees and shrubs in public places, 17-27 et seq.; permits for connection to water main, 18-32.

State law reference - Powers of Village over certain business, Ill Rev. Stat., Ch. 24, 11-42-1, et seq.
2State law reference - Authority of Village to license, tax, locate and regulate all dealers in junk and
secondhand goods, Ill. Rev. Stat. Ch. 24, 11-42-3.