§ 24-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business means any person, sole proprietorship, partnership, corporation or other legal entity which engages in a commercial activity for remuneration within the village. The term "business" shall include, but shall not be limited to, a retail establishment, a resale store, a restaurant, a food handler, a service establishment, a manufacturing establishment, a bank office or retail location, a real estate sales office or retail location, an insurance agency office or retail location, a consulting firm, a law firm office or retail location, a medical or dental office or retail location, a veterinary office, an accounting firm, a travel agent, a general contractor, an electrical contractor, a plumbing contractor office or retail location, an excavation contractor, a publisher, a securities brokerage firm office or retail location, a photography studio, a printer, a theater, a place of amusement, a gasoline service station, a vehicle repair facility, an outdoor advertiser, a tobacco dealer, a tanning salon, a landscaper, a pesticide sprayer, a lawn fertilizer or weed sprayer, a laundromat, a laundry, or a dry cleaner. The term "landscaper" shall be deemed to include a business engaged in tree removal or tree trimming. The term "business" shall not include any of the following:

(1)

A home occupation as defined in section 30-2.4 of appendix A, the Zoning Ordinance.

(2)

An entity which is exempt from income taxation under section 501 of the Internal Revenue Code, except any such entity which acts as a retail food handler at any time during a calendar year shall be required to obtain a Food Handler License for each location where it engages in that activity.

(3)

An entity which does not maintain a place of business in a building within the village, provided that this subsection (3) shall not apply to an entity engaged within the village in landscaping services, pesticide spraying services, lawn fertilizing or weed spraying services, pickup and delivery of laundry or dry cleaning at dwelling units, milk delivery at dwelling units, outdoor advertising, garbage or refuse pickup, a retail food handler, or an activity requiring a building, plumbing, electrical, demolition, tree removal or excavation permit.

(4)

A general contractor, an electrical contractor, a plumbing contractor, an excavation contractor, or other entity engaged in building and construction activities which does not perform any work for remuneration in the village.

(5)

A governmental unit, except any such unit which acts as a retail food handler at any time during a calendar year shall be required to obtain a Food Handler License for each location where it engages in that activity.

(6)

A public utility or cable television company which is subject to regulation by the Federal Communications Commission or the Illinois Commerce Commission and which operates in the village pursuant to a franchise agreement with the village.

(7)

The actual practice of a trade or business which is licensed and/or regulated exclusively by the State or the United States government, including, but not limited to, a bank, real estate brokers or sales agents, an insurance agency or a law firm. This exception for such licensed and/or regulated business shall not apply to the maintenance of a physical office, retail or industrial location in the village by such a business for the purposes of enforcing the zoning, building and public health and safety codes of the village.

Contractor means a general contractor, an electrical contractor, a plumbing contractor, an excavation contractor, or other entity engaged in building and construction activities requiring a building, plumbing, electrical, demolition, tree removal or excavation permit.

Downtown Wilmette means the area bounded by Linden Avenue on the South, 11th Street on the East, Lake Avenue on the North and the public alley parallel to and West of Green Bay Road on the West.

Dry cleaner means any business which removes dirt, grease, paint, spots, stains or any other form of foreign matter from wearing apparel or household furnishings, by any means other than washing with soap or detergent and water, including any business which makes available for public use any automatic dry cleaning machine using perchlorethylene or any other chemical solvent or substance.

Firearm means any device, by whatever name known, which is designed or may be readily converted to expel a projectile or projectiles by the action of an explosive or propellant, or by an expansion or escape of gas generated by the process of combustion or ignition, or the component parts of the foregoing, or any combination of component parts either designed or intended for use in converting any device into a firearm as described herein. The definition of the term "firearm" excludes, however:

(1)

Any "air rifle," as defined in section 12-555;

(2)

Any safety device used exclusively for signaling or safety and required or recommended by the U.S. Coast Guard;

(3)

Any device used exclusively for the firing of stud cartridges, explosive rivets or similar construction or industrial ammunition; and

(4)

Model rockets designed to propel a model vehicle in a vertical direction.

Firearms dealer means any person who, at any location in the village:

(1)

Sells or rents firearms or their component parts.

(2)

Engages in the business of manufacturing firearms or their component parts for remuneration.

(3)

Engages in the business of repairing firearms or making or fitting special barrels, trigger mechanisms, stocks or grips for firearms for remuneration.

Food handler means a business which sells, prepares or stores food or beverages intended for human consumption, or places having kitchen, banquet or similar facilities that are rented out or otherwise made available to outside persons or entities for banquet or other special event use, where food intended for human consumption that has been prepared off-site is served for human consumption. The forgoing includes, but is not limited to, a business engaged in the automatic vending or mobile catering of food or beverages, a bakery, a grocery store, an ice cream store, a milk dealer, a refrigerated locker, a restaurant, and a banquet hall, rental hall or similar facility held out for rental or use by outside persons or entities.

Gasoline service station means a business engaged in the sale of gasoline, diesel fuel, compressed natural gas, or other flammable liquid or gas intended to be used as motor fuel.

Gross floor area means the sum total of all the area in square feet occupied by a business, which includes all indoor floor area of each location and activity of said business as described in section 24-3(d).

Laundromat means any business which contains one or more coin operated devices or machines available to the public for the cleaning of clothes or fabrics by use of soap or detergent and water.

Licensed massage therapist means an individual who holds a current and valid massage therapist license issued by the State pursuant to the provisions of the Illinois Massage Licensing Act (225 ILCS 57/1 et seq.), now or hereafter amended.

Massage or massage therapy shall have the same definition as that provided in the Illinois Massage Licensing Act (225 ILCS 57/1 et seq.), now or hereafter amended.

Massage apprentice or massage student means a person studying massage under the direction and supervision of a certified massage therapist as part of a program for the apprentice or student to gain individual certification as a massage therapist.

Massage establishment means any establishment having a fixed place of business where any person, firm, partnership, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any massage or massage therapy. A "massage establishment" shall not include any of the following:

(1)

A dwelling where the business providing service is otherwise in compliance with the applicable provisions of appendix A, the Zoning Ordinance, governing home occupations; or

(2)

Out-call massage services; or

(3)

A primary or secondary school, whether public or private, licensed by the State; or

(4)

An establishment or institution owned and operated by a unit of local government; or

(5)

A hospital, nursing home, or sanitarium, licensed by the State.

Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the sale or distribution of newspapers or other news periodicals.

Out-call massage service means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client, rather than at a massage establishment or as part of a home occupation as defined in appendix A, the Zoning Ordinance.

Outdoor advertiser means a business which:

(1)

Places, posts or paints any advertisements, notices or displays in or on any place, other than its own place of business, for the purpose of outdoor advertising so that the resultant display is visible from any street; or

(2)

Which distributes any commercial circulars, handbills, advertising materials, or samples in or around public places or door-to-door.

Parkway means the area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and property line adjacent thereto. The term "parkway" shall also include any area within a roadway which is not open to vehicular travel.

Person means any individual or entity.

Place of amusement means a business which provides any of the following forms of amusement to its patrons within the village means bowling, billiards, pool or other sports or recreational activities in which patrons participate; music for dancing; motion pictures; or theatrical performances.

Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel.

Sexual or genital area means the genitals, pubic area, anus, or perineum of any person.

Sidewalk means a walkway provided by the village for pedestrian traffic.

Smokeless tobacco means any finely cut, ground, powdered or leaf tobacco that is intended to be placed in the oral cavity.

Street means the entire area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

Tobacco dealer means any business engaged in the sale of tobacco products at retail within the village.

Tobacco paper means either:

(1)

Cigarette paper, being paper or any other material except tobacco, prepared for use as a cigarette wrapper; or

(2)

Cigarette tubes, being cigarette paper made into a hollow cylinder for use in making cigarettes; or

(3)

Vaporizers which are intended to simulate smoking tobacco, electronic cigarettes (a/k/a e-cigs or e-cigarettes), or any electronic nicotine delivery system typically, but not necessarily battery powered, which produce an aerosol which delivers nicotine to the user by means of inhalation.

Tobacco product means any substance containing tobacco leaf, including, but not limited to, any cigar, cigarette, leaf tobacco, pipe tobacco, smokeless tobacco, or tobacco in any of its forms. The term "tobacco products" also includes vaporizers which are intended to simulate smoking tobacco, electronic cigarettes (a/k/a e-cigs or e-cigarettes), or any electronic nicotine delivery system typically, but not necessarily battery powered, which produce an aerosol which delivers nicotine to the user by means of inhalation.

Tobacco vending machine means any device, whether mechanical, electrical or electronic, which dispenses any tobacco product upon the insertion of any form of payment, whether money, coins, tokens, debit card, or any other form of payment.

Valet customer means any person granting temporary custody of a motor vehicle to a valet parking operator for the purpose of valet parking.

Valet loading zone means a location which has been approved by the village and designated as an area for pick up and discharge for valet parking.

Valet parking operator means a corporation, partnership, business association, or other organizational entity who, through its agents and employees, provides valet parking services in the Central Business District.

Valet parking services means a service provided to customers by which an attendant on behalf of a business takes temporary custody of the customer's vehicle and moves, parks, stores or retrieves the vehicle for the customer's convenience.

Village means the Village of Wilmette, a municipal corporation which is a home-rule general purpose governmental unit of the State.

(Code 1993, § 5-1.1; Ord. No. 94-0-5, 3-13-1994; Ord. No. 97-O-27, 10-14-1997; Ord. No. 2002-O-79, 2-25-2003; Ord. No. 2004-O-97, 11-9-2004; Ord. No. 2005-O-5, 2-22-2005; Ord. No. 2005-O-16, 4-26-2005; Ord. No. 2005-O-118, 12-3-2005; Ord. No. 2013-O-45, 11-26-2013; Ord. No. 2014-O-49, § 1, 9-9-2014; Ord. No. 2016-O-31, 6-28-2016)