§ 24-4. 24-Hour Business License.

(a)

License required. Except for a business engaged in public transportation or livery service, no business shall be open to the public, accept deliveries from a vehicle with above-D Illinois commercial vehicle license plates or equivalent out-of-state truck license plates, or engage in any outdoor operations or activities related to the business within the village between the hours of 1:00 a.m. and 5:30 a.m. without a valid 24-Hour Business License issued by the village. Responding to an emergency request for service between 1:00 a.m. and 5:30 a.m. because of an imminent danger to person or property shall not be considered to be operating within the village during those hours so as to require a license under this section.

(b)

Annual fee. The annual fee for a 24-Hour Business License shall be $50.00.

(c)

Application, contents, approval. An application for a 24-Hour Business License must be approved by the Village Manager, Chief of Police and Director of Community Development annually on the basis of the standards set forth in subsection (f) of this section. Applications for renewal of a 24-Hour Business License shall be submitted no later than 90 days prior to expiration of the current license. A determination shall be made within 30 days after the submission of a complete application for original issuance or renewal, as the case may be, and license fee, upon which the Village Manager, Chief of Police and Director of Community Development shall cause the issuance of the 24-Hour Business License if it is approved, or shall give the applicant written notice of denial and the reasons therefor. An application for a 24-Hour Business License, in addition to the information required for a general business license, shall also include the following information and materials:

(1)

A description of the business activities anticipated to occur on the licensed premises, the hours over which they are expected to occur, and the number of employees anticipated to be on the premises during the hours covered by the 24-Hour Business License.

(2)

A copy of the ordinance adopted by the Board of Trustees granting a special use permit to the applicant to allow the operation of a 24-hour business at the particular location for which the 24-Hour Business License is being sought.

(3)

The name, address and telephone number of at least two persons not on the premises who may be contacted in the event of an emergency occurring on the premises.

(d)

Term of license. Any license approved for issuance or renewal by the Village Manager, Chief of Police and Director of Community Development shall be effective from and after the date of issuance and for a period of one year.

(e)

Appeal. If the Village Manager, Chief of Police and Director of Community Development determine that a 24-Hour Business License should not be issued, such determination may be appealed to the President and Board of Trustees, provided that such appeal shall be made within 30 days of the date on which the applicant was notified of such determination. An appeal must be made by the applicant in writing, shall be served on the Village Clerk within the foregoing time limit, and shall state the reasons why the determination to deny the 24-hour license was erroneous and should be reversed. The decision of the Board of Trustees on the appeal shall be final.

(f)

Standards of review for issuance or renewal. A 24-Hour Business License shall be issued or renewed, as the case may be, unless the Village Manager, Chief of Police and Director of Community Development, in the case of applications processed under subsection (c) of this section, or the President and Board of Trustees, in the case of appeals taken under subsection (e) of this section, find that:

(1)

The applicant has failed to obtain a special use permit under the provisions of the Zoning Ordinance, appendix A of this Code, to operate the 24-hour business, or such special use permit has been terminated under the provisions of appendix A, the Zoning Ordinance, or otherwise by operation of law; or

(2)

The operation of the 24-hour business, as described in an application for renewal of a 24-hour license, would violate or exceed the terms of the ordinance granting the special use permit under appendix A, the Zoning Ordinance, originally obtained for operation of the 24-hour business, or as may have been duly amended by the Board of Trustees; or

(3)

The general business license or a 24-Hour Business License covering the licensed premises has been revoked; or

(4)

The application does not contain the material required by subsection (c) of this section; or

(5)

The operation of the 24-hour business in the manner described in the application for original issuance or renewal would violate any other provision of this chapter, the provisions of any other chapter of this Code or the provisions of any state or federal law or regulation which apply to the licensed business.

(g)

Compliance with other laws and ordinances.

(1)

A 24-Hour Business License shall be granted only to those businesses for which the Board of Trustees has adopted an ordinance granting special use permit to operate a 24-hour business under the provisions of the Zoning Ordinance, appendix A. Operation of a 24-Hour Business Licensed under this subsection shall be subject to all the terms and conditions of the Zoning Ordinance generally, and to all the terms and conditions that may be imposed by the Board of Trustees in their discretion in the ordinance granting the special use permit to operate the 24-hour business.

(2)

Nothing in this subsection shall be deemed to permit to allow any operation, practice or conduct that would constitute a violation of the provisions of this chapter, or the provisions of any other chapter of this Code.

(h)

Suspension and revocation. A 24-Hour Business License may be suspended or revoked for violation of any of the provisions of this section, for violation of any of the other provisions of this article, for violation of appendix A, the Zoning Ordinance, or of the provisions of the ordinance adopted by the Board of Trustees granting the Special Use Permit to operate the 24-hour business, or for violation of state or federal law or regulation that applies to the licensed business. The procedure for suspension or revocation shall be that as provided for in section 24-2(j). Nothing herein shall be deemed to limit or impair the right or authority of the village to prosecute separately any violation of this chapter, or to seek any remedy available at law or in equity for violation of the provisions of this chapter.

(i)

Scope of license. A 24-Hour Business License shall be effective only with respect to the premises described in the application and license. A new application shall be required, including a new or amended ordinance granting or modifying a special use permit, if the nature or location of the business is changed and if the business as changed or relocated is to be operated between the hours of 1:00 a.m. and 5:30 a.m.

(Code 1993, § 5-2.2; Ord. No. 94-0-5, 3-13-1994; Ord. No. 99-O-34, 4-27-1999)