|Liquor; Package Liquor (Rep. by Ord. 03-14)||3|
|Liquor; Club (Rep. by Ord. 03-14)||4|
|Billiards; Pool and Bowling Alleys||5|
|Foreign Fire Insurance Companies||9|
|Retailer’s Occupation Tax||10|
|Service Occupation Tax||11|
|Automobile Renting Tax||14|
|Downtown Business Regulations||17|
|Rental Registration (REPEALED)||18|
Last updated September, 2021.
|3-1-1:||Mayor to Grant; Revoke|
|3-1-5:||Form of License|
|3-1-6:||Record of Licenses|
|3-1-7:||Clerk to Report Number of Licenses Issued|
|3-1-8:||Change of Location; Notice|
|3-1-9:||License to be Posted|
|3-1-10:||Licenses Subject to Code Provisions|
|3-1-11:||Term of License; Rebate|
|3-1-12:||Nonpayment of Fee|
|3-1-13:||Transfer of License|
|3-1-14:||Business Continued After Death of Licensee|
|3-1-15:||Lost, Stolen Licenses|
|3-1-16:||License Bonds, Sureties|
|3-1-17:||License Fees Prorated|
|3-1-18:||Notice of Expiration|
|3-1-19:||Duty of Police to Enforce|
3-1-1: MAYOR TO GRANT; REVOKE: In all cases where licenses are required to be procured by the provisions of this Code, such license shall be granted by the Mayor and attested by the Clerk, except in those cases where provision is expressly made for the granting of licenses in some other manner. The Mayor shall also have power to revoke, for cause, any license granted by him. (R.O. 1911, Sec. 274)
3-1-2: APPLICATION: Any person desiring a license for any purpose under the provisions of this Code shall, unless otherwise provided for by ordinance, make a written application therefore through the Clerk, to the Mayor, stating his name, the purpose for which the license is desired, for what length of time and the place where his business or occupation is to be carried on, and, when a bond is required to be filed before being licensed, he shall name the proposed sureties on the bond in his application. If the Mayor shall grant the application, he shall so endorse the same, together with the amount of the license fee fixed in the case. Upon the filing of the application so endorsed with the Clerk, and the presentation to him of a receipt from the Treasurer, showing payment of the sum so specified and required, and upon filing a proper bond, approved by the Mayor, the Clerk shall issue to the applicant a license for the purpose and time therein specified.
A new application shall be made upon the expiration of any license so issued before anew license shall issue; provided, however, that in cases where provision is made for the division of any license year into periods, and the issuance of a license for any such period is provided for, application need no be made in such cases at the end of each period, it being the intention to require application to be made for license annually, only. In any case where frontage consent are required to be procured before a license shall issue, it shall no be necessary to secure the renewal of such license, if such license be renewed forthwith, except where by law or ordinance it is otherwise provided, and except further that such frontage consents shall be renewed in each case after the expiration of five (5) years from the time the same were last obtained. (R.O. 1911, Sec. 275)
3-1-3: MAYOR’S DISCRETION: In all cases where it is not otherwise expressly provided, the Mayor shall have power to hear and grant applications for licenses upon the terms specified in this Chapter, and all licenses shall be issued to such person or persons as shall comply in all respects with the provisions of this Chapter, and as the Mayor in his discretion shall deem suitable and proper persons to be licensed. (R.O. 1911, Sec. 276)
3-1-4: LICENSE; ISSUANCE: Every license issued by the City shall, unless otherwise directed by ordinance, be signed by the Mayor, and countersigned and attested by the Clerk under the Corporate Seal, and no license shall be valid until signed and countersigned as aforesaid nor shall any person be deemed to be licensed until the same shall have been issued to him in due form. (R.O. 1911, Sec. 277)
3-1-5: FORM OF LICENSE: Licenses shall be issued, as nearly as may be, in the following form:
To All to Whom These Presents Shall Come – Greeting:
Know Ye, That having made application in due form (filed bond), paid into the City Treasury the sum of dollars, and in all other respects complied with the provisions of the City Code in this behalf, therefore, I Mayor of the City of Farmington, for and on behalf of the people of said City, do hereby authorize, empower and license the said to (here set forth the business or purpose of the license) at for from .
Nevertheless, this license is granted upon the express condition that the said shall observe and obey all provisions of said City Code which are now, or may be in force, regulating or relating to his said business, then this license shall be valid for the period aforesaid; otherwise, it may be annulled, revoked or forfeited, at the option of the Mayor or the City Council, or in any other manner provided by ordinance.
In Testimony Whereof, I have hereunto set my hand and caused the Corporate Seal of said City to be affixed, in said City this day of A.D. 20 .
Attest: City Clerk
(R.O. 1911. Sec. 278)
3-1-6: RECORD OF LICENSES: The Clerk and the Treasurer shall each keep a license register, in which they shall enter the name of each person, for what business or purpose licensed, the place of business, date of the license, number of the same, the amount paid for each and the time of expiration thereof. (R.O. 1911, 279)
3-1-7: CLERK TO REPORT NUMBER OF LICENSES ISSUED: The Clerk shall, on the close of each month, report to the Council in writing, the number of licenses issued during the preceding month, to whom issued, the amount of fees collected for the same and the location of the persons licensed, and he shall annually, at the close of each fiscal year, make and submit to the Council a full and complete abstract of all licenses issued during the preceding fiscal year, with the amounts taxed and collected for the same. (R.O. 1911, Sec 280)
3-1-8: CHANGE OF LOCATION; NOTICE: If any person licensed by the Mayor to carry on, engage in, or conduct any business or occupation required to be licensed by the provisions of this code, and being designated in his license a particular place in which such business was licensed to be carried on, engaged in or conducted, shall, before the expiration of such license, change the location of such place of business, he shall first obtain the approval of the Mayor and shall forthwith notify the Clerk of such fact, and no business shall be carried on, engaged in or conducted under authority of such license at such new location until notice of such change has been given as herein provided. (R.O. 1911, Sec. 281)
3-1-9: LICENSE TO BE POSTED: Every license granted by the Mayor for the purpose of conducting any business or occupation required by the provisions of this Code to be licensed, and having designated therein a room, store, office or place in which such business so licensed is to be conducted, shall be posted and during the period for which such license was issued shall remain posted at all times in a conspicuous place, so that the same may be easily seen, upon the wall of the principal room, or office, of the store or place in which such licensed business or occupations carried on, and when such license shall have expired, it shall be removed from such place in which it has been posted and no license which is not in force and effect shall be permitted to remain posted upon the wall or upon any part of any room, store, office or place of business after the period of such license has expired. (R.O. 1911, Sec. 282)
3-1-10: LICENSE SUBJECT TO CODE PROVISIONS: All licenses shall be subject to the provisions of this Code which may be in force at the time of the issuing thereof, or which may be subsequently passed by the Council. (R.O. 1911, Sec. 283)
3-1-11: TERM OF LICENSE; REBATE: No license shall be granted for a lesser period nor for a longer period than one year, unless specific provision shall elsewhere be made by this or some other provision for the issuance of a license for a period of less than one year, and every license shall expire in the first Monday on May next following it issuance, unless otherwise specifically provided.
The fee for each license issued shall be collected in full at the time of issuance and delivery thereof, unless specific provisions to the contrary be otherwise made; provided, that if application be made after the month of May in any one year, the sum required to be paid shall bear the same ratio to the sum required for the whole year, that the number of months remaining (inclusive of the month in which application is made) bears to the whole number of months in the year, and provided further that this provision shall not apply in the case of any person who shall engage in any business or occupation without first procuring a license.
In no event shall any rebate or refund be made of any license fee or part thereof, by reason on nonuse of such license, or by reason of the change of location or occupation of such licenses, unless the same is specifically provided. (R.O. 1911, Sec. 284)
3-1-12: NONPAYMENT OF FEE: Whenever it shall appear from the license registers kept by the Clerk or Treasurer, that any person holding any license or permit of any kind or privilege granted by the City, has failed to pay the amount due thereon, the clerk or Treasurer shall report the fact to the Mayor, whose duty it shall be to promptly revoke such license, permit or privilege. (R.O. 1911, Sec. 285)
3-1-13: TRANSFER OF LICENSE: No license granted under the provisions of this Chapter shall be assignable or transferable, nor shall any person be authorized to do business or act under such license but the person to whom it is granted, or at any other place than that specified therein, nor shall any license authorize any person to act under it at more than one place, or at any other time than is therein specified; provided that any person to whom any license shall have been issued may with the permission of the Mayor, assign and transfer the same to any other person, the person to whom such license is issued, or the assignee of such license shall surrender such assigned license, authorizing the assignee or transferee of such license to carry on the same business or occupation a the same place designated in the old license, provided, further, that in all cases the person obtaining such new license shall give bond with sureties which shall conform as nearly as may be to the bond upon which such surrendered license was issued. (R.O. 1911, Sec. 286)
3-1-14: BUSINESS CONTINUED AFTER DEATH OF LICENSEE: In case of the death of any person licensed before the time limited in his license shall have expired, his copartner (if he has any) or his legal representative may continue to act under his license for the unexpired term thereof, subject, however, to the conditions imposed upon the person to whom the same was originally issued. (R.O. 1911, Sec. 287)
3-1-15: LOST, STOLEN LICENSES: Whenever any license is mislaid, lost or stolen, it shall be the duty of the Clerk, upon the licensee or his agent filing any affidavit with him stating such license was lost, stolen or mislaid, as the case may be, and that if found, he will not use the same, to reissue said license, and for this purpose the Clerk shall keep a book to be called “Reissue License Book”, and keep a record of the same. (R.O. 1911, Sec. 288)
3-1-16: LICENSE BONDS; SURETIES: Any bond given by any person to the City under any license shall, before a license is granted, be approved by the Mayor unless otherwise provided; and, unless otherwise provided, all said bonds shall be signed either by a responsible surety company or by two (2) good and sufficient sureties, and shall be conditioned for the due observance of all provision of the City regulating or relating to any such business or occupation, which now are or may be in force during the period of such license. Said bond shall, unless otherwise provided, be filed with the Clerk.
3-1-17: LICENSE FEES PRORATED: When specific provision is made anywhere for the division of a license for less than the full annual license fee for the issuance of a license for a part or portion of a license year upon the payment of a proportionate amount of the annual license fee, the amount to be so paid for such license shall be computed from the first day of the period during which such license is issued, if the license year be divided into periods, or if provisions be made for monthly periods, it shall be computed as running from the first day of the month in which such license is issued; provided, that no person shall be entitled to the benefit of the provisions of this Section who has engaged without a license to do so in the business for which he applies for license at the time of such application.
3-1-18: NOTICE OF EXPIRATION: It shall be the duty of the Clerk, by notice in writing, to notify all persons holding licenses, not less than ten (10) days before the expiration of the same of the date of their expiration, and also to notify all who are required to procure a license for their trade or occupation. The Clerk, immediately upon the expiration of any license, shall also give such notice or as soon as the fact that any person is acting without license shall come to his knowledge. The notice shall be served by the Chief of Police, or any police officer of the City, and may be left at the residence or place of business of the person notified, or, if deemed necessary, may be sent through the mail. (R.O. 1911, Sec. 291)
3-1-19: DUTY OF POLICE TO ENFORCE: The members of the Police Force shall enforce all provisions of the City relating to licenses, and it is hereby made duty of the Chief of Police to examine, from time to time, the license register of the Clerk and to report and prosecute all; person liable thereto, who may be acting or doing business without a license. (R.O. 1911, Sec. 292)
It shall be unlawful for any person, business, or corporate entity to keep, operate for hire or use in such manner as to involve any chance in the determination of the number or value of any article or articles purchased or played for, any cigar wheel, slot machine, dice or any piece of mechanism, the operation of which involves or creates any chance; provided however, the prohibitions provided for in this chapter and any other chapter or section of Farmington City Code that may reference or govern gambling or gaming, shall not apply to any device for which a license or permit has been issued by the Illinois Gaming Board pursuant to the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., so long as such device is conducted in compliance with all the requirements of said act and all rules and regulations of the Illinois Gaming Board. There is hereby imposed a license fee of $25 payable to the City of Farmington annually of $25 per device per year, on any device within the City of Farmington for which a license or permit has been issued by the Illinois Gaming Board pursuant to the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., which fee shall be paid by the owner of the operation in which the licensed or permitted device is located. Said per year payment shall be due on the first day the said device is placed into service and on the anniversary of said for each year thereafter that the device continues in service. A license will issue upon a showing of the appropriate state licenses or permits and must be displayed at the licensed premises
|3-2-7:||Consumption on Premises|
|3-2-8:||Transfer of License|
|3-2-11:||Number of Licenses|
|3-2-12:||Reports to Commissioner|
|3-2-14:||View of Premises|
|3-2-16:||Presence of Minors Restricted|
|3-2-17:||Sidewalk Restaurants and Cafe|
3-2-1: TITLE: This chapter shall be known and cited as the “Liquor Control Code, Regulating the Sale of Alcoholic Beverages in a Bar.”
3-2-2: DEFINITIONS: Unless the context otherwise requires, the following terms as used in the Chapter shall be construed according to the definitions given below.
ALCOHOLIC LIQUOR The term “alcoholic liquor” shall mean any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.
WINE The term “wine” means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the manufacturer by the addition of alcohol or spirits.
BEER The term “beer” means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
CLUB The term “Club” shall mean a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale of consumption of alcoholic liquors, kept, used and maintained by its members through payment of annual dues, and owning, hiring, or leasing a building or space in a building, of such extent and character as any be suitable and adequate for the reasonable ad comfortable use and accommodation of its members and their guests; and, provided, further, that its affairs and management are conducted by a board of directors’ executive committee or similar body chosen by the members at their annual meeting, and that no member, or an officer, agent, or employee of the club is paid or directly receives in the form of a salary or other compensation any profits from the sale of alcoholic liquor to the club or members or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or the governing body out of the general revenue of the Club.
RETAIL SALES The term “retail sales” shall mean the sale for use or consumption and not for resale.
3-2-3: LICENSE REQUIRED: It shall be unlawful to sell or offer for sale at retail in the City any alcoholic liquor without having a retail liquor license, or in violation of the terms of such license. It shall be unlawful to sell or offer for sale on a temporary basis in the City any alcoholic liquor without having a temporary liquor license, or in violation of the terms of such license.
3-2-4: APPLICATIONS: Applications for such license shall be made to the Mayor of the City, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a corporation, verified by oath or affidavit, and shall contain the following information and statement:
(A) The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, for profit, the date of incorporation, the objects for which it was organized, and the names and addresses of the officers ad directors; and of a majority in interest of the stock of such corporation is owned by one person, or his nominees, the names and addresses of such person; and in the case of a limited liability company, the date of formation and names of members and managers.
(B) The citizens of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization.
(C) The character of business of the applicant; and in case of a corporation, the objects for which it was formed.
(D) The location and description of the premises or place of business, which is to be operated under such license.
(E) A statement whether applicant has made similar application for similar license on premises other than described in this application, and the disposition of such application.
(F) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of the State or the provisions of this Code.
(G) Whether a previous license by any state or subdivision thereof of by the Federal Government has been revoked, and the reasons therefore.
(H) A statement that the applicant will not violate any of the laws of the State of Illinois or the United States or any provisions of this Code in the conduct of his place of business. (Ord. 74-6)
(I) A statement of financial condition showing assets, liabilities, and net worth of the applicant.
(J) Proof of appropriate commercial and dram shop liability insurance.
(K) If the applicant seeks a Class E temporary license, he shall also state the dates requested for said license, which dates shall not be less than thirty (30) days hence from the date of application and shall be consecutive. The applicant shall also identify any sponsoring or participating organizations.
3-2-5: RESTRICTIONS: No such license shall be issued to any individual(s), partnership, corporation or entity that for any reason would be ineligible to receive a license under the provisions of the Illinois Revised Statutes, Chapter 235, paragraph 5/6-2, as amended, or who does not hold a state liquor license or obtain one within thirty (30) days of being granted a Farmington liquor license.
3-2-6: CLASSIFICATION FEE: Such licenses shall be the following classes:
CLASS A LICENSE: The Class A License shall authorize the holder to sell alcoholic beverages of liquor or consumption either on or off the premises where the sale is made. The annual fee for such license shall be One Thousand Fifty Dollars ($1,050.00) per year. Such license shall not descend by the laws of intestate succession or by will or similar instrument. The person having a Class A license shall sell alcoholic beverages or liquor only on Monday through Saturday from the hours of six o’clock (6:00) A.M. to one o’clock (1:00) A.M. on the following and on Sunday from twelve thirty (12:30) P.M. to one o’clock (1:00) A.M. on the following day. If sixty percent (60%) of licensee’s gross sales is derived from food, license holder is permitted to open on Sunday from eleven o’clock (11:00) A.M. until one o’clock (1:00) A.M.
CLASS B CLUB RETAIL LICENSE: A Class B License shall authorize the holder to sell alcoholic beverages of liquor for consumption only on the premises where the sale is made. The annual fee for such license shall be Nine Hundred Dollars ($900.00) per year. Such license shall not descend by the law of intestate or by will or similar instrument. The club having a Class B License shall sell alcoholic beverages or liquor only on Monday through Sunday from the hours of six o’clock (6:00) a.m. to one o’clock (1:00) a.m. on the following day.
CLASS C PACKAGE RETAIL LICENSE: A Class C License shall authorize the holder to sell alcoholic beverages or liquor for consumption only off the premises where the sale is made. The person having the Class C License shall sell alcoholic beverages or liquors only Monday through Sunday from the hours of six o’clock (6:00) a.m. to one minute after twelve o’clock (12:01) a.m. on the following day. The annual fee for such license shall be Seven Hundred Fifty Dollars ($750.00). Such license shall not descend by the laws of the intestate succession or by will or similar instrument.
CLASS D LICENSE: The Class D license shall authorize the holder to offer for sale or give away on a temporary basis alcoholic beverages for consumption on the premises where the proffer or sale is made. Class D licenses may be issued to a holder of a Class A or B license. The daily fee for such license shall be Two Hundred Dollars ($200.00), plus Twenty-five Dollars ($25.00) per hour for police security. The person having the Class D License may only offer or give away alcoholic beverages Monday through Saturday from eleven o’clock (11:00) a.m. to one minute after twelve o’clock (12:01) a.m. the following day and on Sunday from twelve thirty (12:30) p.m. to one minute after twelve o’clock (12:01) a.m. the following day, but only for the number of days shown on the license. Class D licenses may only be granted for a “special event” which shall mean an event conducted by an educational, fraternal, political, civic, religious or nonprofit organization. The license fee includes a component for a police officer to be present during the event. The daily fee must be paid in advance for a full day, but the licensee will be refunded following the event for any unused hours if the officer is not at the scene or is the event closes earlier than closing time under the ordinance. Which refund will be equal to the number or unused possible police hours at the rate of Twenty-five Dollars ($25.00) per hour. Partial hours will not be refunded.
CLASS E LICENSE: The Class E license shall authorize the holder to allow patrons of a public accommodation which does not sell or give away alcoholic beverages to bring alcoholic beverages onto the premises for consumption on the premises. The annual fee for such license shall be Six Hundred Fifty Dollars ($650.00). The person having the Class E license may only allow the consumption of alcoholic beverages by patrons Monday through Saturday from six o’clock (6:00) a.m. to one minute after twelve o’clock (12:01) a.m. the following day and on Sunday from twelve thirty (12:30) p.m. to one minute after twelve o’clock (12:01) a.m. on the following day.
(Ordinance 2010-3, 2/15/2010).
CLASS F LICENSE: A supplemental license shall be obtained for the retail sale of alcoholic beverages in an outdoor cafe or a sidewalk restaurant adjacent to the licensed premises. The supplemental license will be limited to the hours of eleven o’clock (11:00) A.M. to ten o’clock (10:00) P.M. Sunday through Thursday and eleven o’clock (11:00) A.M. to twelve o’clock (12:00) midnight Friday and Saturday.
(A) Application for this license shall be made for each cafe or sidewalk restaurant where alcoholic beverages will be sold at retail. To apply for this supplemental license, the licensee shall file its request, in writing, with the Farmington liquor commissioner. Application for the supplemental license must be received by the Farmington liquor commissioner fourteen (14) days in advance of the opening of the outdoor cafe or sidewalk restaurant. Two versions of this supplemental license will be offered for application: a single event license for one day only and a yearly renewable license. The application fees are $10.00 per single event license or $100.00 per year. The application for the supplemental license shall be submitted by the applicant with a scale drawing of the proposed outdoor facility which shall, at a minimum, include the following:
Required Plan Submissions: All applications for Class F licenses must contain a detailed description of the proposed outdoor facility. In determining whether to issue a Class F license, the commissioner shall consider:
- The availability of sufficient parking.
- The increase in traffic, if any, on the streets in the areas.
- The nature of the uses of the surrounding property.
- The amount of noise, if any, which will be generated by the proposed outdoor facility and its effect on nearby residents, if any.
- The adequacy of sanitary facilities, including facilities for disposing of solid waste such as cans, bottles and cartons generated by increased patronage, if any.
- Such other factors reasonably necessary and incidental to the protection of the safety and health of the residents of the city.
- The commissioner may call a public hearing for the purpose of securing information relevant to subsections (A)a.1. through (A)a.6. of this section. A Class F license may contain such limiting conditions and restrictions which the commissioner deems necessary or desirable in order to minimize any potential safety hazard or noise effecting neighbors or the general public.
(B) Class F license: Notwithstanding any other provision of this code, it shall be unlawful for any retail liquor licensed to serve or allow to be consumed alcoholic liquor at an outdoor eating, drinking or seating area without first obtaining a license as provided herein. Class F liquor licenses shall be a supplementary license permitting the sale of alcoholic liquors in an outdoor eating, drinking or seating area (i.e. open air cafe, patio, etc.) located adjacent to and operated by and in conjunction with an otherwise licensed premises subject to the following:
- Only those licensees holding a Class A or Class B liquor license shall be eligible to apply for, receive and hold a Class F license, which allows for the sale and consumption of alcoholic liquor on-premises. Only those alcoholic liquors lawfully licensed to be sold and consumed in the adjacent licensed premises may be sold and/or consumed in the outdoor eating, drinking or seating area. All other provisions of the Farmington City Code pertaining to the respective Class A or Class B liquor license shall apply to the Class F licensed area unless otherwise provided herein. (Ordinance 2015-22 08/03/15)
CLASS G LICENSE: Class G license shall authorize the retail sale of beer and wine on the premises of such licensee only for consumption in a defined, separated, and clearly marked portion of the premises as specified in the license; provided, that the issuance of a Class G license shall be restricted to establishments which offer food, such as sandwiches, snacks, and light meals, for consumption in and on defined, separated, and clearly marked portion of the premises in conjunction with video gaming as authorized by and licensed under the Illinois video gaming act and licensed by the Village. No persons under the age of twenty one (21) years shall be permitted to be or remain in the defined, separated, and clearly marked portion of the premises for which the Class G license applies. If the establishment holds a liquor license that allows the establishment to sell at retail alcoholic liquors in packages and not for consumption on the premises where sold, the establishment shall be required to obtain a separate Class G license and pay the separate applicable license fee for the Class G license. The annual fee for such license shall be $700.00 per year. The person holding a Class G shall sell such alcohol only on Monday through Sunday from the hours of six o‘clock (6:00) a.m. to one minute after twelve o’clock (12:01) a.m. on the following day.
3-2-7: CONSUMPTION ON PREMISES: It shall be unlawful for anyone not having a license to proffer, sell or offer for sale any alcoholic liquor for consumption on the premises where sold, or to permit the same to be consumed on the premises where sold.
3-2-8: TRANSFER OF LICENSE: A license shall be purely a personal privilege, good for not to exceed one year after issuance unless sooner revoked as in this Chapter provided, or until the expiration date shown on the license, whichever is sooner, and shall not be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of intestate succession or by will or other similar instrument, but it shall cease upon the death, insolvency, bankruptcy, or dissolution of the licensee, except that the executor or administrator of any deceased licensee or the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business or sale of alcoholic liquor under order of the appropriate court, and may continue to exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but no longer than six (6) months after the death, bankruptcy, or insolvency of such licensee. No refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions hereof. The sale or transfer of stock in a corporation licensee or the sale or transfer of ownership interests in a limited liability company, partnership, or limited partnership licensee such that voting control of such entity is controlled by a different person or entity at the time the license was applied for, shall constitute alienation or transfer of the license which is prohibited by this section.
3-2-9: LICENSE REVOCATION: The Mayor of the City may suspend or revoke any license issued hereunder for any one or more of the following reasons:
(A) Violation of the laws of the State of Illinois, or any of the provisions of this Chapter, including, but not limited to, the provisions of Section 3-2-16.
(B) The willful making of any false statement as to a material fact in the application for a license.
(C) Permitting any disorderly or immoral practices upon the premises where the licensee is licensed to sell alcoholic beverages. (Ord 74-6)
(D) Nudity and Sex Related Acts Prohibited:
- Certain Forms of Nudity Prohibited: It shall be unlawful for any license under this Chapter to suffer or permit any person to appear on the licensed premises, or in any area which can be viewed from the premises, in such manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, nor shall suffer or permit any female to appear on the licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola or simulation thereof.
- Certain Acts Prohibited: It shall be unlawful for any licensee under this Chapter to suffer or permit any person to perform on the premises, or in any areas which can be viewed from the premises, acts or acts which simulate:
- (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
- (b) The touching, caressing, or fondling of the breasts, buttocks, anus, or genitals.
- (c) The displaying of pubic hair, anus, vulva or genitals.
- (d) To permit any person to remain in or upon the licensed premises who commits any acts described above or allows another person to commit upon his or her body any of the acts above described.
- Showing of Certain Films, Pictures Prohibited: It shall be unlawful for any licensee under this Chapter to suffer or permit the showing on the premises, or in any area which can be viewed from the premises, of film, still pictures, electronic reproduction, or visual reproductions depicting:
- (a) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
- (b) Any person being touched, caressed, or fondled on the breast, buttocks, anus or genitals.
- (c) Scenes wherein a person displays the vulva or the anus or the genitals.
- (d) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings, are employed to portray any of the prohibited activities described above.
- Penalty: In addition to possible license revocation or suspension, any person who shall violate any of the provisions of this Chapter 2 shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00).
3-2-10: REFUNDS: No refund shall be given or allowed to any licensee for the surrender or nonuse of said license.
3-2-11: NUMBER OF LICENSES ISSUED: There shall be a limit of eight (8) licenses for Class A. There shall be a limit of three (3) licenses for Class B. There shall be a limit of six (6) licenses for Class C. Only two (2) Class D licenses per organization or licensee shall be issued per calendar year (January-December). There shall be a limit of one (1) license for Class E. There shall be a limit of Three (3) licenses for Class G.
3-2-12: REPORTS TO LIQUOR COMMISSIONER: It shall be the duty of every licensee of a license granted under this chapter to report to the Liquor Control Commissioner any act of gambling, fighting, violence or disorderly conduct or any other violation of City ordinances or State law, including, but not limited to, any violation of the Smoke-Free Illinois Act (410 ILCS 82/1) committed upon the licensed premises or any part thereof, in writing to the Liquor Control Commissioner, within twenty-four (24) hours of the commission of any of the aforesaid acts. Such report shall include the date and time of the event reported, the names of the parties involved, a description of the acts, conduct, or occurrence reported, and what action, if any, was taken by the licensee, or agents thereof to control or evade the acts, conduct or occurrence.(Ord. 2010-10 5/3/10)
3-2-13: CLOSING TIME: Every licensee hereunder, except licensees holding only a Class C license, within thirty (30) minutes after the serving time specified by the class of license held by licensee, shall vacate the premises of all patrons and shall further close and lock every entrance to the premises which may be used by patron of licensee. The premises shall remain closed and locked to the public until the commencement of serving time permitted hereunder for the following day, excepting only such provisions as any be reasonably necessary for agents, employees and suppliers of licensee. The exception to the closing time will be on New Year’s Eve when the closing time shall be one hour later than the closing time specified by the class of license (excluding Class C) and within thirty (30) minutes after the extended closing time allowed by this exception shall vacate the premises of all patrons and shall further close and lock every entrance to the premises which may be used by patrons of the licensee. Should the local Liquor Commissioner or his appointee, have reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the Farmington community he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than the remainder of the business day through closing time, giving the licensee an opportunity to be heard within seven (7) days thereafter, should any of the following conditions exist or occur, or continue on the following business day.
- Should there be more than one (1) disturbance call for disorderly conduct, or fighting in or on the premises in any given eight (8) hour period.
- Should there be more than one (1) documented incident relating to excessive noise complaint emitting from the premises in any given eight (8) hour period.
- Repeated sale of alcohol to underage person / persons within the same eight (8) hour period.
- Failure of the license holder or an employee of the license holder to cooperate with local law enforcement’s efforts to investigate any incident occurring on or in the premises of the license holder.
- Denying local law enforcement and or the liquor commission authorities to enter at any time upon the premises to determine whether any provision of the liquor control act has been violated.
3-2-15: VIEW OF PREMISES: The interior of any premises licensed to sell alcoholic liquor or beverages shall be exposed to an unobstructed view from the exterior of the premises and an unobstructed view of the interior thereof shall be constructed by the use of non transparent glass or of a shade, blind, shutter, screen, merchandise, or any other article placed within or without the building, in which the room or rooms are located. Any licensed premise so constructed as to not have any window allowing a clear and unobstructed view of the interior shall have a clear and unobstructed view from any door or foyer entrance used to enter the room or rooms within the building where there is alcoholic liquor or beverages dispensed.
3-2-16: UNLAWFUL ACTS BY OR FOR MINORS: It shall be unlawful for a person under the legal age for purchasing alcohol to consume any alcoholic beverage or liquor to enter any premises licensed for the sale of alcoholic beverages or liquor for the purpose of purchasing, or having served or delivered to him/her any alcoholic beverage or liquor. The possession, dispensing or consuming of alcoholic liquor in the performance of a religious ceremony by a minor is not prohibited by this Section.
(A) Consumption; Purchase: Possession: It shall be unlawful for a person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverage, or to purchase, attempt to purchase or have another purchase for him/her any alcoholic beverage. It shall be unlawful for a minor to consume or possess any alcoholic beverage.
(B) Unlawful to Purchase Alcoholic Beverage for Minors: It shall be unlawful for any person to enter any premises licensed for retail sale of alcoholic beverage for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his/her age, have the right to purchase and consume alcoholic beverages.
(C) Proof of Age; Misstating Age: It shall be unlawful for a person to misrepresent or misstate his/her age or the age of any other person for the purpose of inducing any retail licensee to sell, serve, or deliver any alcoholic beverage to a person under the age to purchase alcoholic beverages.
(D) Presence of Minors Restricted: No liquor licensee shall allow an individual under the age of twenty-one (21) years to enter or remain on the premises for which a liquor license is held unless:
- Said person under twenty-one (21) years of age is with his/her parent or legal guardian.
- The sale of liquor comprises less than forty percent (40%) of the volume of said licensee’s business at said premise or the licensee holds only a Class C license.
3-2-17: SIDEWALK RESTAURANTS AND CAFES:
(A) These standards and procedures are adopted to encourage appropriate outdoor activities on public sidewalks in the central business district; to ensure that the space used for outdoor dining on public sidewalks will serve a public purpose; to establish a procedure to obtain permission to operate an outdoor dining facility; and, to ensure adequate space for pedestrians to traverse the sidewalk adjacent to outdoor dining facilities.
(B) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Sidewalk restaurant or cafe. An outdoor dining area located on a public sidewalk where patrons may consume food and/or beverage provided by an abutting food service establishment. Such establishments may provide table service in the outdoor dining area or provide take-out items to be consumed in the outdoor dining area. This article shall not apply to outdoor dining on private property.
(C) General provisions.
- Permit required. Outdoor dining on a public sidewalk shall be allowed only in the central business district, and only pursuant to the issuance of a sidewalk cafe license.
- Permitted locations. Outdoor dining may be permitted on the public sidewalk immediately adjacent to the building of the licensee, or immediately adjacent to the street curb fronting the building of the licensee at the discretion of the licensee and the approval of the City Administrator. An unobstructed continuous pedestrian pathway measuring no less than four feet in width shall be provided between the street curb and the dining area or, in the alternative, between the dining area and the licensee’s building.
- The licensee shall provide trash receptacles with covers for the deposit of waste paper and trash to prevent the littering of the public sidewalks and streets.
- Licensees shall not drill any holes in the public sidewalk nor affix any railing, fixture, partition or furniture to the public sidewalk, nor to any adjacent city railings or planters.
- All chairs, railings, partitions, trash receptacles, umbrellas, portable heaters and other equipment (except for tables) will be removed from the public sidewalk when the licensee is not open for business.
- No signs or other forms of advertising other than permitted by 04-08-04 of the Farmington City Code are permitted.
- Lighting shall be restricted to illuminate the outdoor dining area only and will be positioned so that it will not interfere with vision of pedestrians, motorists or other neighboring businesses. Lighting fixtures shall compliment the established streetscape design and shall be approved by the City Administrator.
- (a) If alcoholic beverages are served at the sidewalk café, the operator must be validly licensed under this code for such sales. Alcoholic beverages supplied by the customer or by any person other than the permittee will not be allowed at sidewalk cafés.
(D) Application procedure. In addition to the requirements of Section 3-2-6, the following regulations shall apply to sidewalk cafés and sidewalk restaurants.
- Applications for a sidewalk cafe license shall be filed with the City Administrator on a form provided by the Administrator. The application shall be signed by the owner of the property adjacent to the public sidewalk which is the site of the proposed sidewalk cafe or his designated agent. The application shall include a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the proposed sidewalk cafe area. All fixed features such as tree wells, sign posts, parking meters, and fire hydrants located within 20 feet of the proposed sidewalk cafe area shall be depicted on the site plan.
- The City Administrator shall review the application considering public safety issues unique to pedestrian and vehicular needs of the specific location for which the license is required. The City Administrator may deny a license or revoke an existing license if he determines that the license is detrimental to public health, safety or welfare. The decision of the City Administrator may be appealed to the Mayor and City Council whose decision shall be final.
- Indemnification. The license shall not be issued until such time as the applicant has filed an indemnification agreement with the city agreeing to defend, indemnify, and hold the city and its employees harmless from and against any loss or damage arising from the use or existence of the improvements authorized by the license.
- Insurance. The applicant shall obtain and maintain in force a comprehensive general liability broad form property damage and blanket contractual single limit amount, per claim and aggregate, of not less than $1,000,000.00 covering the licensee’s operations on the sidewalk. Such insurance shall name on a special endorsement form, the city, its elected and appointed officials, agents and employees as additional insureds. A certificate of insurance shall contain provisions that prohibit cancellations, modifications or lapses without 30 days prior written notice to the city.
(E) Development Standards
- Physical Boundaries. The operator of a sidewalk café shall install and maintain a physical boundary separating the permitted outdoor seating from the remainder of the public way. The entrance is the only part of the perimeter that may be open to the public way. The operator shall leave four feet of public way unobstructed for pedestrian passage; the City Administrator may alter this requirement by regulation in a situation where adherence to the requirement would make operation of a sidewalk café impossible and reduction of the unobstructed portion of the public way would not compromise pedestrian safety. The construction, configuration and other characteristics of the boundary, including landscaping, shall be set forth by regulation.
- Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner, a ten-foot setback from the corner of the building shall be maintained along both frontages. When an outdoor area is located adjacent to a driveway or alley, a five-foot setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the City Administrator in locations where unusual circumstances exist and where public safety would not be jeopardized.
- Extension to adjacent properties. Subject to the approval of the City Administrator, an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and the property owner.
- No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of tables and chairs abutting the wall of the establishment, and if no alcohol will be served. Barriers should compliment the building facade as well as any street furniture and be somewhat transparent, and shall be able to withstand inclement weather. Barriers shall conform to the City Administrator installation standards and be removable. Barriers shall be capable of being removed through the use of wheels that can be locked into place or weighted bases. The height of any barrier shall not exceed three feet six inches.
- Awnings and umbrellas. The use of awnings over outdoor dining areas and removable table umbrellas may be permitted provided they do not interfere with street trees. No portion of an awning shall be less than eight feet above the sidewalk, and no portion of an umbrella shall be less than seven feet above the sidewalk. Awnings may extend up to five feet from the building front or cover up to 50 percent of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to the installation of an awning.
- Lighting. Outdoor lighting fixtures should compliment the streetscape and the style of the building if consistent. The lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical wires shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit from the department of community services. Battery operated lamps or candles will be permitted.
- The design, material and colors used for chairs, tables, umbrellas, awnings, and other fixtures should compliment the architectural style and colors of the building facade and street furniture.
- Signs. Notwithstanding any other provision of the Farmington City Code, signs and logos shall be permitted on umbrellas in outdoor dining areas.
- Heaters. Portable propane heaters shall be allowed within the outdoor dining area.
- In the event that a licensee fails to abide by the provisions of this article, or the terms and conditions of a sidewalk cafe license, the City Administrator may summarily abate any encroachment or improvement that is in violation of this article. The licensee or property owner shall pay all costs incurred by the city in abating the encroachment or improvement. In addition to, or in lieu of, the issuance of an order to abate by the City Administrator, the Administrator may issue a written warning to the licensee for a first violation of this article; a fine not to exceed $500.00 for a second or subsequent violation of this article; and, the revocation of the licensee’s license for a third or subsequent violation of this article.
- Inspections. The City Administrator may inspect improvements within the public right-of-way at any time without notice to the licensee.
- No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk, or coverings on the sidewalk such as borings for recessed sleeves shall be installed.
- Disabled access. The outdoor dining area shall be accessible to the disabled and buildings adjacent to these dining areas shall maintain the building egress consistent with disabled access standards.
- Management. The restaurant management shall operate the outdoor dining area in compliance with the terms and conditions of this permit and shall not delegate or assign that responsibility. The licensee shall insure that sidewalk cafe or restaurant patrons do not pass alcoholic beverages to passersby, do not disturb persons on the adjacent right-of-way by loud, boisterous and unreasonable noise, offensive words or disruptive behavior and do not leave the sidewalk café or restaurant area with any alcoholic beverage.
- Maintenance. The restaurant management shall keep the outdoor dining area clear of litter, food scraps and soiled dishes and utensils at all times. At the end of each business day, sidewalk cafes are required to clean, sweep and wash the entire sidewalk in and around the outdoor dining area and remove the debris to a closed receptacle. No debris shall be swept or washed into the sidewalk gutter or street. If disposable materials are used, the establishment shall comply with all applicable city recycling programs. Awnings and umbrellas shall be washed whenever they are dirty, and in any event no less than two times each year. Private trash receptacles shall be emptied daily.
- Surface Maintained. The sidewalk shall be kept free of standing water, maintained in good repair and kept free from material defects that may present a hazard to life or property.
- Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dining area shall be prohibited. Outdoor dining furniture shall be removed from the right-of-way.
- Plants. Plants shall be properly maintained and stressed or dying plants shall be properly replaced. Because plant fertilizers contain material that can stain the pavement, water drainage from any plant onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for airflow of at least one inch between saucers and sidewalk.
- All sidewalk restaurant and café Class F license holders shall have a reasonably substantial structure across which alcoholic liquor shall be served which shall afford bartenders reasonable protection from patrons, unless the outdoor facility is serviced directly from the indoor licensed premises.
- Each and every owner, operator and/or manager licensed to sell alcoholic liquors in an outdoor eating, drinking or seating area shall provide regular, diligent and effective management and employee oversight and control of such outdoor eating, drinking or seating area to assure compliance with the provisions of this Chapter and the Code of Ordinances of the City of Farmington, Illinois.
Termination. Upon termination of the sidewalk cafe license, the licensee shall immediately remove the barriers from around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of Illinois and the City Code of the City of Farmington. (Ordinance 2015-22 08/03/15).
Billiards, Pool and Bowling Alleys
|3-5-3:||Application for License|
|3-5-4:||Issue of License|
|3-5-6:||Bowling Alleys, Frontage Consent|
|3-5-9:||Obstructions to View|
|3-5-10:||Inspection By Police|
3-5-1: LICENSE REQUIRED: No person shall have, keep or conduct for profit within the City any billiard or pool table, bowling or pin alley and ball alley, without first obtaining a license therefore as herein after provided. *1 (R.O. 1911, Sec. 62)
3-5-2: BOND: Before any license under this Chapter is granted, the applicant or applicants therefore shall execute a bond, payable to the City in the penal sum for four hundred dollars ($400.00), with surety, conditioned that the person or persons to whom such license is granted shall observe all provisions of the Code, regulating or relative to such business so licensed, and pay all fines assessed for the violation of said provisions, which bond shall be approved by the Council and filed with the Clerk before the issuance of such license. (R.O 1911, Sec. 63)
3-5-3: APPLICATION FOR LICENSE: Any person desiring to have, keep or conduct any billiard or pool table or any bowling or pin and ball alley for profit in the city, and desiring to be licensed under the provisions of this Chapter, shall make written application for such license to the Council, setting forth in such application the full name of the applicant and the place at or in which such billiard or pool table or bowling or pin and ball alley is to be kept, used or operated, and the name and residence of the surety or sureties offered on the required bond. (R.O. 1911, Sec 64)
3-5-4: ISSUE OF LICENSE: Upon the approval and granting by the Council of any such license and upon the giving of sufficient bond and the payment by such applicant to the Clerk of the required license fee, a license may be issued to such applicant. Such license shall be signed by the Mayor and attested by the Clerk and shall authorize the keeping, conducting or operating of such billiard or pool table or tables, or such license. (R.O. 1911, Sec. 65)
3-5-5: FEES: The following fees shall be charged for the licenses provided for in this Chapter:
|Billiard or pool tables|
|First table, per year||$20.00|
|Each additional table, per year||5.00|
|(Ord. 261; 1-4-37)|
|Bowling, pin and ball alley|
|First alley, per year||20.00|
|Each additional alley, per year||5.00|
|(Ord. 255; 12-1935)|
All licensed shall be paid quarterly in advance. (Ord. 235; 5-1-33)
3-5-6: BOWLING ALLEYS, FRONTAGE CONSENT: It shall be unlawful for any person to keep, use or operate any bowling or pin and ball alley or alleys in any building, structure or place located upon any street or alley in the city in any block in which two-thirds (2/3) of the buildings on both sides of the street in such block between the two (2) nearest interesting streets are used exclusively for residence purposes without the written consent of a majority of owners of the property, according to frontage, on both sides of such street or alley between such intersecting streets. Such written consent shall accompany the application made to the Council for a license. (R.O. 1911, Sec 67)
3-5-7: GAMBLING PROHIBITED: DELETED (ORDINANCE 2012-11, 08/06/12) SEE ORDINANCE 3-1-20
3-5-8: CLOSING HOURS: All billiard or pool rooms and bowling or pin and ball alleys shall be closed by twelve o’clock (12:00) midnight of each day and shall be kept closed until six o’clock (6:00) a.m. of the next day following, and no games shall be allowed during such time. No games shall be permitted in any billiard hall, poolroom or bowling or pin and ball alley until after the hour of twelve thirty o’clock (12:30) p.m. on Sunday. (Ord. 269; 11-1-37)
3-5-9: OBSTRUCTIONS TO VIEW: No keeper of any billiard room or hall or of any of the other rooms or places enumerated in this Chapter shall have any painted windows, curtains, screens, or other device, to prohibit or hinder anyone form seeing into any part of said room at all hours of the day or night, either week day or Sunday. Every person guilty of the violation of this Section shall be subject to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for each offense, and a penalty of not less than ten dollars ($10.00) for each and every day the said painted windows, curtains, screens, or other device or either of them, are left to the obstruction of seeing anyone. (R.O. 1911, Sec. 71)
3-5-10: INSPECTION BY POLICE: Every room or place kept open by virtue of a license under this Chapter, shall be subject to inspection by the Chief of Police or any police officer, at any time such Chief of Police or police officer may deem it necessary to go into the same, and any person or persons hindering, resisting, opposing, or attempting to hinder, resist or oppose the Chief of Police or such police officer, while he may go into or attempt to go into such room or place, shall forfeit and pay a fine of not less than ten dollars ($10.00) nor more than twenty five dollars ($25.00). (R.O. 1911, Sec. 72)
- S.H.A. Ch. 24, 11-42-2
|3-6-2:||Application for License|
3-6-1: LICENSE REQUIRED: It shall be unlawful for any person to hawk or peddle any goods, wares or merchandise or other article or thing of value within the City without having first obtained a license for so doing, or to sell or offer for sale any such goods, wares or merchandise or other articles or things of value, contrary to the terms of the license required herein. Any person who shall sell or offer for sale, barter or exchange any goods, wares of merchandise, or other article or thing of value, at any place in, upon or along or through the streets, alleys or other public places in the city, and by traveling from place to place or occupying some temporary or enclosed stand or place of business shall sell or offer for sale any such goods, wares or merchandise or other article or thing of value shall be deemed a hawker or peddler within the meaning of this Chapter. Provided that this shall not be construed as applying to farmers, fruit and vine growers and gardeners selling the produce of his farm, orchard or garden, within the corporate limits of the City, nor shall it apply to persons having regular places of business within the City for sale of meats, fruits and vegetables or baking goods, nor to regular commercial travelers employed by wholesale houses, selling merchandise to regular commercial travelers employed by wholesale houses, selling merchandise to regular dealers within the City. *1 (Ord. 238; 6-6-36)
Central Illinois based charitable organization fundraisers where youth members are the fundraisers or the beneficiary of the fundraiser.
Other sales where there is a “sale” only of incidental new merchandise coupled with a contribution sought.
No person shall hawk or peddle as described in this Section between the hours of 8:00 p.m. and 7:00 a.m. (ORD 2006-10 4/17/06.)
3-6-2: APPLICATION FOR LICENSE: Every application for a peddler’s license shall state definitely the article or articles to be sold, the proposed manner of selling, and the person licensed shall be limited to the articles and mode of sale stated in his application, and shall be protected no further by his license. (R.O. 1911, Sec. 295)
3-6-3: LICENSE FEE: Any peddler or solicitor applying for a license shall pay a license fee of one hundred dollars ($100.00) for one day and fifty dollars ($50.00) a day for each consecutive day thereafter, except no license shall be granted for any items or articles which are prohibited by law to be sold. All license fees shall be paid in advance of the issuance of the license. Upon payment of the above stated fees, the City Clerk or in their absence the Deputy City Clerk shall execute and issue said license.
If the peddler or solicitor as an individual or employee of a business entity is registered with the Illinois Department of Revenue, and is subject to the collection and remittance of sales tax, the above stated fee shall be a one time charge of fifty dollars ($50.00) when a copy of said registration is provided with the application for license. (ORD 2006-10 4/17/06.)
3-6-4: PENALTIES: Any person or entity that violates the provisions of this Chapter shall be fined not more than $500.00 per occurrence. (ORD 2006-10 4/17/06.)
- Not available
3-7-1: LICENSE REQUIRED: No person, being an itinerant merchant or transient vendor of merchandise, shall temporarily establish or open up a place of business in this City, for the purpose of selling, bartering or exchanging any goods, wares or merchandise, or other valuable thing, without first having secured a license therefore, as herein provided. *1 (R.O. 1911, Sec. 297)
Central Illinois based charitable organization fundraisers where youth members are the fundraisers or the beneficiary of the fundraiser.
Other sales where there is a “sale” only of incidental new merchandise coupled with a contribution sought.
No itinerant merchant or transient vendor as described in this Section shall sell merchandise between the hours of 8:00 p.m. and 7:00 a.m. (ORD 2006-11, 4/17/06).
3-7-2: APPLICATION; FEE: Every person desiring to engage in business as an itinerant merchant or transient vendor of merchandise as herein provided, within this City, to the Mayor, through the City Clerk, setting forth the character of business to be carried on, the place where such business is to be conducted, and the length of time it is intended to conduct said business; said application shall be signed by the person making the same, or if by a corporation, by its duly authorized agent; upon approval by the Mayor of such application, the City Clerk shall issue said license upon payment of the license fee at the following rate:
|Each Day thereafter, per day||50.00|
If the itinerant merchant or transient vendor as an individual or employee of a business entity is registered with the Illinois Department of Revenue, and is subject to the collection and remittance of sales tax, the above stated fee shall be a one time charge of fifty dollars ($50.00) when a copy of said registration is provided with the application for license. (ORD 2006-11, 4/17/06).
3-7-3: PENALTIES: Any person or entity that violates the provisions of this Chapter shall be fined not more than $500.00 per occurrence. (ORD 2006-11, 4/17/06).
- S.H.A. Ch. 24, 11-42-5
|3-8-3:||Photographers (Rep. by Ord 82-1, 1-4-82, eff. 4-30-82)|
3-8-1: MISCELLANEOUS LICENSES: It shall be unlawful for any person to engage in or carry on any business, occupation or pursuit hereinafter mentioned, within the limits of the City, without first having obtained a license therefore, in the manner provided in this Code; and there shall be taxed and collected for issuing and registering each license, payable strictly in advance, the following license fees:
|Canvassers of books, maps or other publications or articles,|
|Vendors of patent medicines, or any patent invention|
or any article or invention of any kind, sold on the streets
or in public places,
|Bill posters, per annum||$5.00|
|Auctioneers, per annum||$10.00|
|For a shorter period than one year, per day||2.00|
|Peanut, pop, lemonade, fruit, fish, hamburger or candy stands,|
when not engaged in as a regular business or avocation in
some building kept for such purpose,
|Baby racks or stands, spindle wheels, cane, knife or pin racks,|
paddle games or any similar devices or means whereby
articles are sold by means of numbers, characters or
the like, the specific articles being unknown to the purchased,
when not engaged in as incident to a regularly established
business in some building,
|Clairvoyants, fortunetellers or palmists,|
|Shooting galleries, per annum||$25.00|
|For a shorter period than one year, per day||1.00|
Provided, no license for the conducting of any shooting gallery or place for target shooting shall authorize the firing of any gun or firearm within the city in violation of any provision of this Code, nor shall any license issue for the establishment of any such shooting gallery in any alley of the City, or in or upon any place not being within a substantial building, nor under any circumstances when it shall appear to the Mayor that die safeguards and precautions have not been taken for the safety and protection of life and property *1 (R.O. 1911, Sec. 229)
(A) Any person desiring a license to sell cigarettes in the city shall make written application for that purpose to the Mayor, in which shall be set forth the full name of the applicant and the location at which such sales are proposed to be made. Such application shall be accompanied by evidence that the applicant, if an individual, and the person or person in charge of the business, if a corporation, are persons of good character and reputation, and if the Mayor shall be satisfied that such persons are of good character and reputation and are suitable persons to be entrusted with the sale of cigarettes, he shall cause the Clerk to issue a license to such applicant upon the payment to the Clerk of a license fee of twenty dollars ($20.00) per annum. Provided, however, that nothing herein contained shall be held to authorize the sale of cigarettes containing opium, morphine, jimson weed, belladonna, strychnine, cocaine, or any other deleterious or poisonous drug or drugs.
Such license shall authorize the person therein named to expose for sale, sell or offer for sale cigarettes at the place designated therein. (R.O. 1911, Sec. 211; amd. Ord. 166, 11-1-20; Ord. 427; 6-2-58)
(B) It shall be the duty of the Commissioner of Health, and he is hereby authorized and empowered, from time to time to inspect and examine all places where cigarettes are licensed to be sold within the City, with a view of ascertaining whether the laws of the State of Illinois and provisions of this Code, in relation to the sale of cigarettes, are being complied with at such places, and it shall be his duty to cause all such laws and provisions to be vigorously enforced; and it shall be the duty of all person licensed to sell cigarettes within the City, upon demand of the Commissioner of Health, to furnish to said Commissioner for his inspection a sample of all cigarettes sold or offered for sale by them, which sample of cigarettes shall be analyzed by or under the direction of said Commissioner of Health, and a record of such analysis shall be made and kept in his office for the inspection of the public. (R.O. 1911, Sec. 212)
(C) No person shall hereafter keep for sale or give away, or sell or give away, any cigarettes at any place within the City, without having first procured the license as above provided. (R.O. 1911, Sec. 213)
(D) No person shall expose for sale, sell, or offer for sale to any person directly or indirectly, within the City, any cigarette or cigarettes containing opium, morphine, jimson weed, belladonna, strychnia, cocaine, or any other deleterious or poisonous drug or drugs. (R.O. 1911, Sec. 214)
3-8-3: PHOTOGRAPHERS: (Rep. by Ord. 82-1, 1-4-82, eff. 4-30-82)
3-8-4: COIN-OPERATED SHUFFLEBOARDS: For the purpose of providing the regulation and licensing of coin-operated shuffleboards, where such coin-operated shuffleboard is given for gain for which the public is required to pay a fee to operate, it shall be unlawful to operate such a mechanical device without first having obtained a license for its operation, and the license fee shall be twenty five dollars ($25.00) per year. *2 (Ord. 369, 1952)
No bond shall be required from any applicant for a license under this Section. (Ord. 427, 6-2-58)
3-8-5: COIN-OPERATED JUKEBOXES: For the purpose of providing for the regulation and licensing of coin-operated jukeboxes where such coin-operated jukebox is given for gain for which the public is required to pay a fee to operate, it shall be unlawful to operate such a mechanical device without first having obtained a license for its operation, and the license fee shall be twelve dollars ($12.00) per year. *3 (Ord. 370; 1952)
No bond shall be required from any applicant for a license under this Section. (Ord. 427; 6-2-58)
- S.H.A. Ch. 24, 11-42-1 amd. 1965m and 11-42-5
- S.H.A. Ch. 24, 11-5-1
Foreign Fire Insurance Companies
|3-9-2:||Agents to Report Receipts|
|3-9-3:||Agents to Pay Tax|
|3-9-4:||Company Not to Transact Business|
|3-9-6:||Application of Tax or License Fee|
3-9-1: TAX IMPOSED: All corporations, companies and associations no incorporated under the laws of the State and which are engaged in the City in effecting or soliciting fire insurance, shall pay the Treasurer of City on or before July 15 of every year, a sum equal to two percent (2%) of the gross receipts of premiums received by such corporation, company or association, or their agency or agents, for business effected or transacted for fire insurance within the City for the year ending July 1 preceding said date. The sum above named shall be as a tax or license fee upon all such corporations, companies or associations transacting business within the City. *1 (R.O. 1911, Sec. 197)
3-9-2 AGENTS TO REPORT RECEIPTS: Every person acting as agent or otherwise for or upon behalf of any such corporation, company or association, shall on or before July 15 of each and every year, render to the Clerk a full true and just account, verified by oath, of all premiums which during the year ending on July 1, next preceding, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall fully and specifically set out in said report the amount or amounts received as premiums for fire insurance. (R.O. 1911, Sec. 198)
3-9-3: AGENTS TO PAY TAX: The agent shall also, at the time of the making of the above mentioned report, pay to the Treasurer the said sum of two percent (2%) upon the gross receipts of such corporation, company or association, obtained as premiums for effecting fire insurance in the City as is specified herein. (R.O. 1911, Sec. 199)
3-9-4: COMPANY NOT TO TRANSACT BUSINESS: If such accounts be not rendered on or before the day herein designated for that purpose, or if the above mentioned rates for the said tax or license fee shall remain unpaid after that day, it shall be unlawful for any such corporation, company or association to transact any business of fire insurance in the City until the requirements hereof have been fully complied with’ nevertheless, this provision shall in no ways affect the validity of any risk that may be taken in violation thereof between such corporation, company or association and the person so insured. (R.O. 1911, Sec. 200)
3-9-5: VIOLATION: If any such corporation, company or association fails to render the account or report herein designated by the say required by this Chapter, or if the above mentioned rates as a tax or license fee shall remain unpaid after the day designated, the city shall recover, in an action in its name, for its use, against such corporation, company or associations failing to make such report or pay such license fee or tax, the full amount of said license fee which would be due under the provisions hereof. (R.O. 1911, Sec. 201)
3-9-6: APPLICATION OF TAX OR LICENSE FEE: Any and all sums so received under the provisions hereof shall form and constitute a fund to be kept separate by the Treasurer for the maintenance, use and benefit of the Fire Department of the City. (R.O. 1911, Sec. 202)
- S.H.A. Ch 24, 11-10-1.
Retailer’s Occupation Tax
3-10-1: TAX IMPOSED: A tax is hereby imposed upon all person engaged in the business of selling tangible personal property at retail in this City at the rate of one percent (1%) of gross receipts form such sales made in the course of such business while this Chapter is in effect, in accordance with the provisions of Section 8-11-1 of the Illinois Municipal Code.
3-10-2: FILE REPORT: Every such person engaged in such business in the City shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by Section Three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use of Consumption” approved June 28, 1933, as amended.
3-10-3: PAYMENT: At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax is hereby imposed on account of the receipts form sales of tangible personal property during the preceding month. (Ord. 69-14; 8-4-69; eff. 10-1-69)
Service Occupation Tax
3-11-1: TAX IMPOSED: A tax is hereby imposed upon all persons engaged in this Municipality in the business of making sale service at the rate of one percent (1%) of the cost price of all tangible personal property transferred by said servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, in accordance with the provisions of Section 8-11-5 of the Illinois Municipal code.
3-11-2: FILE REPORT: Every supplier or serviceman required to account for Municipal Service Occupation Tax for the benefit of this Municipality shall fine, on or before the last day of each calendar month, the report to the State Department of Revenue required by Section None of the “Service Occupation Tax Act”, approved July 10, 1961, as amended.
3-11-3: PAYMENT: At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed. (Ord. 69-15; 8-4-69; eff. 10-1-69)
|3-12-1:||Classification for License|
|3-12-3:||Application for License|
|3-12-7:||License to Comply|
|3-12-9:||Immoral Exhibitions Prohibited|
|3-12-10:||Local Talent Excepted|
|3-12-12:||Obstructions on Aisles|
3-12-1: CLASSIFICATION FOR LICENSE: For the purpose of providing for the regulation of licensing theatrical, dramatic, operatic, entertainment’s, shows, amusements and public exhibitions of every kind intended or calculated to amuse, instruct or entertain, where such entertainment’s, shows, amusements and exhibitions are given for gain or for admission to which the public is required to pay a fee, such entertainment’s, shows and exhibitions are divided into nine (9) classes as follows:
First Class: All entertainment’s of theatrical, dramatic, operatic, vaudeville or musical character.
Second Class: All circuses and menageries, caravans and Wild West Shows.
Third Class: All theatrical or dramatic entertainment’s, side show, concerts, vaudeville, minstrel or musical entertainment’s, given under a converging of canvas, or within any structure or enclosure intended for temporary use, and capable of easy transfer or removal.
Fourth Class: All exhibitions of moving pictures, known as mutoscope, kinetoscope, cinematograph or other like automatic or moving picture devices (other than those belonging to Class Nine as herein after set forth) or illustrated songs.
Fifth Class: All swings and all itinerant shows such as bid shows, galvanic batteries, lifting machines, blowing and striking machines and all other exhibitions, devices and performances given or performed, from place to place in the City.
Sixth Class: All merry-go-rounds, revolving wheels carrying passengers, slides, and all similar amusement devices, exhibitions, performances or entertainment’s.
Seventh Class: All roller skating rinks and similar amusement devices and places.
Eighth Class: When in any room, place, premises, or part thereof, any entertainment is carried on, conducted, or engaged in, of the kind commonly known as the mutoscope parlor, penny arcade or other place where entertainment is furnished through or by one or more automatic moving picture devices, or other similar devices.
Ninth Class: All exhibitions, performances, entertainments or amusement devices not included in any of the foregoing classes. (R.O. 1911, Sec. 48)
3-12-2: LICENSE: No person, either as owner, lessee, manager, officer, or agent, or in any other capacity, shall give, conduct, produce, present or offer for gain or profit, any of the exhibitions, entertainment’s, or performances mentioned or included in any of the classes specified and defined above, at any place within the corporate limits of the City, without first having been issued a license for that purpose. *1 (R.O. 1911, Sec. 49)
3-12-3: APPLICATION FOR LICENSE: Any person desiring to produce, present, conduct or offer, for gain or profit, any of the entertainment’s, exhibitions or performances mentioned or included herein, shall make application to the Mayor in writing, stating the full name of the applicant, description of the kind and class of entertainment he intends to offer, and the place at which it is desired to produce, present, conduct, or offer such entertainment, exhibition or performance. Upon the payment by such applicant to the Clerk of the license fee hereinafter specified for the particular class of entertainment such applicant desires a license for the production or presentation of, the Clerk shall issue a license authorizing him to produce, present, conduct, or offer the class of entertainment specified in such license, at the place described in such application and for the period of time specified in such license; provided, however, that if the place at which it is desired to offer such entertainment is not fit or proper place and not conducted or maintained in accordance with the provisions of this Code governing or controlling such places, or if the entertainment desired to be produced or offered be of an immoral, indecent or dangerous character, or if the person making application for license be not of good character, the Mayor may refuse to approve such application and no license shall be issued by the Clerk except upon the approval of the application therefore by the Mayor. (R.O. 1911, Sec. 50)
3-12-4: LICENSE FEE: In any case where any person shall desire to produce, offer, present or conduct any entertainment mentioned or included in any of the classes herein before defined and specified, the license fee to be charged for each particular class of entertainment’s shall be as follows:
|Second Class where admission fee|
is 50 cents or more, per day
|Where maximum admission is|
less than 50 cents, per day
|Third Class, per day||$5.00|
|(R.O. 1911, Sec 51)|
|Fourth Class, per 3 months apart thereof||$25.00|
|(Ord. 316; 5-6-46)|
|Fifth Class, per day||$2.00|
|(R.O. 1911, Sec. 51)|
|Sixth Class, per day||$25.00|
|(Ord. 316; 5-6-46)|
|Seventh Class, per month||$4.00|
|Eighth Class, per month||$5.00|
|Ninth Class, per day or part thereof||$2.00|
|(R.O. 1911, Sec. 51)|
3-12-5: CLASSES MIXED Where any entertainment, shoe, exhibition, performance or amusement enterprise embraces two (2) or more of he classes above specified, such entertainment, show, exhibition performance or amusement enterprise shall be classified and charged for as wholly belonging to that class for which the highest license fee is charged. (R.O. 1911, Sec. 52)
3-12-6: ENTERTAINMENT DEFINED: The word “entertainment” wherever used in this chapter shall be taken to mean and include theatrical and other exhibitions, shows and amusements wherein or whereby any person or persons shall act, play or perform any play, opera or other dramatic or musical composition or give performance or any show or public exhibition for gain. (R.O. 1911, Sec. 53)
3-12-7: LICENSE TO COMPLY: Every license granted under the provisions of this Chapter shall at all times be subject to the provisions of this Code so far as the same shall apply. (R.O. 1911, Sec. 54)
3-12-8: REVOCATION: Every license granted under the provisions of this Chapter shall be subject to revocation by the Mayor at any time upon failure of any person obtaining the same, or any person in his employment to so conform to the provisions thereof. It shall be the duty of the Chief of Police or any policeman to report all violations of the holders of such license to the Mayor, and in case such license shall be revoked, to see to it that such place of amusement, entertainment, performance or exhibitions closed. (R.O. 1911, Sec. 57)
3-12-9: IMMORAL EXHIBITIONS PROHIBITED: No person, whether licensed or not, shall give, produce, present, conduct or offer, either publicly or privately, with or without charging an admission fee, any indecent, immoral, lewd or impure play, exhibition, entertainment, performance, apparatus or production, or any play, exhibition, entertainment, performance, apparatus or production suggestive of anything indecent, immoral, lewd or impure, within the City. *2 (R.O. 1911, Sec. 57)
3-12-10: LOCATE TALENT EXCEPTED: This Chapter shall not require the taking out of license or payment of license fees by citizens or residents of the City for the production of theatricals, musical entertainment’s, cantatas, lectures, church or band fairs, fireman fairs, balls, or like entertainment’s, where such entertainment shall be under the auspices of local organizations or person wholly or in greater part consisting of local talent, and for the benefits of religious, charitable or educational organizations, or where the proceeds of such entertainment shall go to the general fund for the maintenance of local organizations, churches, schools, bands, lodges, hospitals or for like purposes, such entertainment being produced only for a period not exceeding one week in any month by any one organization. (R.O. 1911, Sec. 58)
3-12-11: PRESERVE ORDER: It shall be the duty of every proprietor or lessee of any theater of any theater or public hall, and of every person giving or conducting any show or amusement within the City, to preserve good order in and about his place of exhibition or amusement, and if necessary for that purpose, he shall employ at his own expense a sufficient number of special policemen. (R.O. 1911, Sec. 59) 3-12-12: OBSTRUCTIONS IN AISLES: No chairs, stools, seats or obstructions of any description of any description shall be placed or permitted to remain in the aisles or passageways in any theater, hall or other public building when the same is occupied by the public or any audience. It shall be duty of the Chief of Police and all members of the Police Force to see that this Section is strictly observed; and in case of any violation thereof, to forthwith proceed to clear any obstructed aisle or passageway, and to arrest the offender or offenders. (R.O. 1911, Sec. 60)
3-12-12: OBSTRUCTIONS IN AISLES: No chairs, stools, seats or obstructions of any description of any description shall be placed or permitted to remain in the aisles or passageways in any theater, hall or other public building when the same is occupied by the public or any audience. It shall be duty of the Chief of Police and all members of the Police Force to see that this Section is strictly observed; and in case of any violation thereof, to forthwith proceed to clear any obstructed aisle or passageway, and to arrest the offender or offenders. (R.O. 1911, Sec. 60)
3-12-13: BUILDING REGULATIONS: No license for a motion picture theater shall be issued for any building or other enclosure:
(A) Which is occupied as tenement house, hotel, lodging house or residence.
(B) Where paints, varnished, lacquers or other highly inflammable materials are manufactured, stored or kept.
(C) Where rosin, turpentine, hemp, cotton, or any other explosives are stored or kept for sale.
(D) Which is situated within three hundred feet (300’) of the nearest wall of a building occupied as a school, hospital, garage, theater, motion picture theater or other place of public amusement or assembly, or which is within three hundred feet (300’) of any gasoline supply or service station; provided, however, that renewals of licenses may be granted where the motion picture theater in question was in operation prior to the opening or such school, hospital, garage, theater, motion picture theater or other place of public amusement or assembly, or such gasoline supply or service station, or has been in continuous operation under a licensee issued thereafter. (Ord. 263; 4-5-37)
- S.H.A. Ch. 24, Sec. 11-42-1 amd. 1965
- Not available
|3-13-2:||Adult Uses Enumerated|
|3-13-3:||Limitations on Adult Uses|
|3-13-4:||Measurement of Distances|
|3-13-5:||License Required; Filing of Application; Filing Fee|
|3-13-6:||Contents of Application for License|
|3-13-7:||Issuance of Adult Use License|
|3-13-8:||Suspension or Revocation of License for Adult Use|
|3-13-11:||Display of License and Permit|
|3-13-12:||Employment of Persons Under Age of Eighteen Prohibited|
|3-13-13:||Illegal Activities on Premises|
|3-13-15:||Violation and Penalty|
|3-13-16:||Repeal of Conflicting Ordinances|
3-13-1: DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall have the meanings respectively prescribed to them by this Section. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural.
ADULT ENTERTAINMENT A public or private establishment which is licensed to serve food/and/or alcoholic beverages, which features topless dancers and/or topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers.
ADULT MINI MOTION PICTURE THEATER An enclosed building with a capacity or less than fifty (50) used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas’ for observation by patrons therein.
ADULT MOTION PICTURE THEATER An enclosed building with a capacity of fifty (50) or more persons used regularly and routinely for presenting motion pictures having as a dominate theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” for observation by patrons therein.
BODY SHOP or MODEL STUDIO Any public or private establishment described itself as body shop or model studio, or where for any form of consideration or gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, nude or semi-nude dancing, reading, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” are provided for observation by or communication to persons paying such consideration or gratuity.
BUILDING STRUCTURE Any structure or group of structures housing two or more businesses which share a common entry, exit, wall, or frontage wall, including, but not limited to, shopping centers, shopping malls, shopping plazas or shopping squares.
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 other parts of the human or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT Any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in paragraph “Massage” of this Section.
SPECIFIED SEXUAL AREAS Any of the following conditions:
Less than completely and opaquely covered:
- (A) Human genitals, pubic region, or pubic hair.
- (B) Buttocks; and
- (C) Human breast below point immediately above the top of the areola; and
- (D) Human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES Any of the following conditions:
- (A) Human genitals in a state of sexual stimulation or arousal.
- (B) Acts or representations of act of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation.
- (C) Fondling or erotic touching of human genitals, pubic region, buttock, or breast.
- (D) Excretory functions as part of or in connection with any activities set forth in (A) through (C).
3-13-2: ADULT USES ENUMERATED: The following shall be considered adult uses for the purpose of the Chapter:
(A) Adult bookstore;
(B) Adult motion picture theater;
(C) Adult mini motion picture theater;
(D) Adult entertainment cabaret;
(E) Massage establishment
(F) Body shop or model studio.
3-13-3: LIMITATION OF ADULT USES: Adult uses shall be permitted subject to the following restrictions:
(A) An adult use shall not be allowed within five hundred feet (500’) of another existing adult use.
(B) And adult use shall not be located within three hundred feet (300’) of any zoning district, which is zoned for Single-Family Residential (R-1), Single-Family Residential (R-2), Two-family Residential (R-3), or Multifamily Residential (R-4).
(C) An adult use shall not be located within five hundred feet (500’) of a preexisting school or place of worship.
(D) An adult use shall not be located in a building structure, which contains another business that sells or dispenses in some manner alcoholic beverages.
(E) Any adult use doing business at the time this Ordinance takes effect shall have one year from the effective date of this Ordinance to comply with the provisions of paragraphs (A) through (D), inclusive, of this Section.
(F) Any adult use doing business at the time this Ordinance takes effect shall have 30 days (30) from the effective date of this Ordinance to apply for the issuance of an adult use license.
3-13-4: MEASUREMENT OF DISTANCES: For the purpose of this Chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, school, place of worship, or district zoned for residential use.
3-13-5: LICENSE REQUIRED; FILING OF APPLICATION; FILING FEE: 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 City, the operation of an adult use as herein defined, without having obtained a separate license for such adult use from the Mayor of the City.
Every applicant for a license to maintain, operate, or conduct an adult use shall file an application in duplicate under the oath with the city Clerk upon a form provided by the City Clerk and pay a nonrefundable filing fee of twenty five dollars ($25.00) to the City Clerk, who shall issue a receipt which shall be attached to the application filed with the City Clerk.
Within ten (10) days after receiving the application, the Mayor shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Mayor shall advise the applicant is writing whether the application is granted or denied.
Whenever an application is denied or held for further investigation, the Mayor shall advise the applicant in writing of the reasons for such action.
Failure or refusal of the application to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required by this Chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial by the Mayor.
3-13-6: CONTENTS OF APPLICATION FOR LICENSE: An applicant for a license shall furnish the following information under the oath.
(A) Name and address.
(B) Written proof that the individual is at least eighteen (18) years of age.
(C) The exact nature of the adult use to be conducted and the proposed place of business and facilities thereto.
3-13-7: ISSUANCE OF ADULT USE LICENSE: The Mayor shall issue a license to maintain, operate, or conduct an adult use unless he finds that:
(A) The applicant is under age of eighteen (18) years or under legal disability.
(B) The applicant at the time of application for renewal of any license issued under this Chapter, would not be eligible for such license upon a first application.
Every adult use license issued pursuant to this Chapter will terminate at the expiration of one year from the date of its issuance, unless sooner revoked.
3-13-8: SUSPENSION OR REVOCATION OF LICENSE FOR ADULT USE: Any license issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find:
(A) That the licensee has violated any of the provisions of this Chapter regulating adult use.
(B) The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this Chapter or knowingly cause or suffered another to furnish or withhold such information on his or her behalf.
The Mayor, before revoking or suspending any license, shall give the licensee a least ten (10) days’ written notice of the charges against him or her and the opportunity for a public hearing before the mayor, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
3-13-9: AUTOMATIC SUSPENSION:
(A) In the event a person under the age of eighteen (18) years is on the premises of an establishment operating as an adult use under the Chapter, and views any “specified sexual activities’ or “specified anatomical areas” as defined in Section 3-13-1 of this Chapter, then the license issued pursuant to this Chapter shall be suspended for a period of three (3) months.
(B) The Mayor, before suspending any license, shall give at least ten (10) days’ written notice of the charge. The licensee within five (5) days of receipt of said notice may request a public hearing before the Mayor at which time the licensee may present evidence bearing upon the question. The notice required hereunder may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use.
3-13-10: EXTERIOR DISPLAY: No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.
3-13-11: DISPLAY OF LICENSE AND PERMIT: Every licensee shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises.
3-13-12: EMPLOYMENT OF PERSONS UNDER AGE EIGHTEEN PROHIBITED: It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.
3-13-13: ILLEGAL ACTIVITIES ON PREMISES: No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the City or law of the State of Illinois or the United States.
3-13-14: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstance, if for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. It is hereby declared to be the legislative intent of the City Council that this Chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included.
3-13-15: VIOLATION AND PENALTY: Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less then one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A second or subsequent offense is punishable by a fine of not less than three hundred dollars ($300.00) nor more that five hundred dollars ($500.00).
3-13-16: REPEAL OF CONFLICTING ORDINANCES: Any other ordinances or resolutions of the city which may contain provisions contrary to this in this Chapter are hereby expressly revoked and shall not be considered to be superseded by this Chapter. (Ord. 82-10, 11-1-82)
Automobile Renting Taxes
|3-14-1:||Automobile Renting Occupation Tax|
|3-14-2:||Automobile Renting Use Tax|
3-14-1: AUTOMOBILE RENTING OCCUPATION TAX:
(A) A tax is hereby imposed upon all person engaged in the business of renting automobiles in this City at the rate of one percent of the gross receipts from such sales make in the course of such business while this Section is in effect, in accordance with the provisions of chapter 24, paragraph 8-11-7 of the Illinois Municipal Code.
(B) Every such person engaged in such business in the City shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by sections two and three of “An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use of Consumption” approved June 29, 1933, as amended.
(C) At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of automobiles during the preceding month. (Ord. 82-2, 1-4-82, eff. 2-1-82)
3-14-2: AUTOMOBILE RENTING USE TAX:
(A) A tax is hereby imposed upon the privilege of using this City an automobile which is rented from a renter outside of Illinois and which is titled or registered with an agency of this State’s government in this City at the rate of one percent (1%) of the rental price op such automobile while this Section is in effect, in accordance with the provisions of chapter 24, paragraph 8-11-8 of the Illinois Municipal Code.
(B) The tax is provided for in this Section shall be collected from the persons whose Illinois address for titling or registration purposes in given as being in the City.
(C) The tax imposed by this Section shall be paid to the Illinois Department of Revenue. (Ord. 82-3, 1-4-82, eff. 2-1-82)
|3-15-3:||Conditions of License; Application|
|3-15-4:||License Fees; Issuance|
|3-15-5:||License Issue Restrictions|
|3-15-6:||Conduct of Raffles|
|3-15-7:||Raffles Manager; Bond|
3-15-1: AUTHORITY: The City Council hereby authorizes and permits raffles to be conducted within the City, subject to the provisions of this Chapter. (Ord. 96-17)
3-15-2: DEFINITIONS: For purpose of this Chapter, the following definitions shall apply:
BUSINESS A voluntary organization composed of individuals and businesses that have joined together to advance the commercial, financial, industrial and civic interest of a community.
CHARITABLE An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must confer some benefit on the public.
EDUCATIONAL An organization or institution organized and operated to provide systematic instruction in useful branches of learning of methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools.
FRATERNAL An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
LABOR An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their prospective occupations.
NONPROFIT An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.
RELIGIOUS Any church, congregation, society or organization founded for the purpose of religious worship.
VETERANS Any organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.
3-15-3: CONDITIONS OF LICENSE; APPLICATION: Raffles shall be conducted only by organizations licensed pursuant to this Section; and such licenses are subject to the following restrictions:
A. The application for license must specify the area or areas within the City in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined.
B. The license application must contain a sworn statement attesting to the not-for-profit character of the prospective license organization, signed by the presiding officer and the secretary of their organization.
C. Each such license shall be valid for only one raffle.
D. Licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational or veterans’ organizations that operate without profit to their members, and which have been in existence for a period of five (5) years and have a bona fide membership engaged in carrying out their objects.
3-15-4: LICENSE FEES; ISSUANCE:
A. The license fee for each raffle conducted under the terms of this Chapter shall be five dollars ($5.00).
B. When all requirements of this Chapter have been met, the license shall be issued by the City Clerk.
3-15-5: LICENSE ISSUE RESTRICTIONS: No license shall be issued to:
A. Any person who has been convicted of a felony.
B. Any person who is or has been a professional gambler or gambling promoter.
C. Any person who is not of good moral character.
D. Any firm or corporation in which a person defined in subsection A, B or C above has a proprietary, equitable or credit interest, or in which such a person is active or employed.
E. Any organization in which a person defined in subsections A, B or C of this Section is an officer, director or employee, whether compensated or not.
F. Any organization in which a person defined in subsections A, B or C above is to participate in the management or operation of a raffle as defined in this Chapter.
3-15-6: CONDUCT OF RAFFLES: The conducting of raffles is subject to the following restrictions:
A. The entire net profits of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
B. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
C. No person may receive any remuneration or profit for participating in the management or operation of the raffle.
D. A licensee may rent a premise on which to determine the winning chance or chances in a raffle only from an organization, which is also licensed under this Chapter.
E. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
F. No person under the age of eighteen (18) years may participate in the conducting of raffles or chances. A person under the age of eighteen (18) years my be within the area where winning chances are being determined only when accompanied by his parent or guardian.
3-15-7: RAFFLES MANAGER; BOND: All operation of and the conduct of raffle shall be under the supervision of a single raffles manager designated by the organization. The Manager shall give a fidelity bond in the sum of an amount determined by the City in favor of the organization conditioned upon his honesty in the performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the licensing authority no less than thirty (30) days prior to its cancellation.
3-15-8: RECORDS REQUIRED:
A. Each organization licensed to conduct raffles and chances shall keep the records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deductions, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment.
B. Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license therefore issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each Organization, shall have separate records of its raffles. The person who account for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
C. Each organization licensed to conduct raffles shall report monthly to its members, and to the City Clerk, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this Section.
D. Records required by this Section shall be preserved for three (3) years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
3-15-9: ADDITIONAL RESTRICTIONS:
A. The aggregate retail value of all prizes and merchandise awarded by a licensee in a single raffle should not exceed two hundred fifty thousand dollars ($250,000.00).
B. The maximum retail value of each prize awarded in a single raffle should not exceed two hundred fifty thousand dollars ($250,000.00).
C. The maximum price, which may be charged for each raffle chance issued or sold, shall not exceed one thousand dollars ($1,000.00).
D. The maximum number of days during which chances may be issued or sold shall not exceed one hundred eighty (180) days.
3-15-10: VIOLATION, PENALTY: Any person conducting a raffle in violation of any of the provisions of this Chapter shall be subject to a fine of not less than twenty five dollars ($25) and not more than one hundred dollars ($100) for each violation. Each raffle chance sold or raffle held in violation of this Chapter shall constitute a separate offense. (Ord. 96-17)
|3-16-1:||Simplified Municipal Telecommunications Tax|
|3-16-2:||Simplified Municipal Telecommunications Tax Exemption|
3-16-1: SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX:
(A) A simplified telecommunications tax is hereby created pursuant to the provisions of Sections 5-25 and 5-30 of the Simplified Telecommunications Tax Act, P.A. 92-0526.
(B) Said simplified telecommunications tax rate is hereby set at 3%. (Ord. 03-19, 12-01-03)
AMENDED by Ordinance 2008-16, 12/01/2008
Ordinance No. 2003-19 and Section 3-16-1 of the Farmington City Code are hereby amended to provide that the simplified telecommunications tax rate is increased by 2% to a rate of 5%.
3-16-2: SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX EXEMPTION:
The Simplified Municipal Telecommunications Tax Exemption enacted by the Farmington City Council with the adoption of Ordinance 2003-19 on the 1st day of December, 2003 shall have the following exemption: All customers over the age of sixty-five (65) years for one (1) residential telephone. An application for this exemption will be required to be filed with the City Clerk of said City of Farmington. (Ord. 03-02, 12-01-03)
Downtown Business Regulations
|3-17-5:||Standards for Facade Changes|
|3-17-6:||Signage (DELETED SEE 4-8-1)|
|3-17-7:||Advertising Flags / Banners|
|3-17-7.1:||Downtown Permit Banner / Flag|
Downtown building shall mean a building located in the area bounded by Cone, Vernon, West and Fulton Streets in the City of Farmington.
Defective roofing shall mean any portion of a roof that allows water or moisture to enter the area below the roof, a roof that is suffering from dry rot, a roof that is sagging more than one inch, or a roof where the shingles have deteriorated such that they no longer provide coverage nor have any useful life remaining.
Façade shall mean the side of the building where the main entrance to the business is located. It shall be a rebuttable presumption that the main entrance faces the street showing on the official records of the City as the address of the building.
Boarded window shall mean any window covered with a substance other than glass or plexiglass.
Damaged window shall mean any window that is cracked, chipped, or broken.
Banner/Flag shall mean a sign having characters, letters, illustrations or ornamentations applied to cloth, paper, fabric, or other non-rigid material and projects/hangs from, or is affixed to, a building, private pole or wire. Banner/Flags can include, but are not limited to, decals, painted imagery, cable hung banners, flags, and wave banners, feather flags, flutter flags, razor sail flags, teardrop flags, blade flags, swooper flags and rectangle flags.
It shall be prohibited and considered a public nuisance to allow any window in a downtown building to remain boarded or in a damaged condition more that thirty (30) days.
The facade of a downtown building shall be maintained in its current condition as of the effective date of this Ordinance and shall not be covered, modified, demolished or destroyed without permission of the City Council during a hearing held before the Zoning Board of Appeals, except that maintenance necessary to prevent decay is allowed, further, peeling and blistering paint must be removed and painted over per the Standards section below.
No downtown building shall allow a defective roof to exist for more than thirty (30) days.
3-17-5 STANDARDS FOR DETERMINING WHETHER FACADE CHANGES MAY BE MADE:
In considering whether to grant permission to make requested changes to a façade, the Zoning Board of Appeals and the City Council shall consider the following factors:
- Whether any deterioration of the façade is a result of neglect of any owner of the property
- Whether the proposed change will maintain the general overall appearance of the original façade.
- Whether the proposed change will be consistent with the architectural and decorative setting of the downtown area that exists at the time of the requests change, the compliance of the proposed change with other applicable laws, regulations and ordinances, as well as applicable building codes; in this connection, paint color, materials and textures may also be considered.
- The soundness of the proposed change from an engineering and building practices standpoint.
- Demolition of a building and leaving only the façade standing shall constitute a modification, unless otherwise approved hereunder.
(DELETED IN ITS ENTIRETY ON 10/21/13 ORDINACE 2013-15: SEE 4-8-1)
3-17-7 ADVERTISING FLAGS/BANNERS:
No Banner/Flag of any kind is allowed without a permit for use in the Historic Downtown District of the City of Farmington. Any Business using a Banner/Flag at the time of the passing of this Ordinance may continue to do so until said Banner/Flag becomes tattered, torn, faded, frayed or sagging, and at such time said Banner/Flag must be removed.
3-17-7.1: HISTORIC DOWNTOWN PRESERVATION DISTRICT LIMITED USE PERMIT:
The use of Flags/Banners is only allowed with a proper Banner/Flag permit issued by the City of Farmington. Permit applications are available at the Municipality Office and the permit shall have the following restrictions:
- Each Banner/Flag allowed by proper permit may be displayed for no more than a seven day period and no more than four occasions per year.
- Each permit is valid for the period of one year from the date of issue.
- Every permit application will require the applicant to verify that the Banner/Flag meets the placement and size requirements as outlined by the permit application.
Title 10 Zoning is hereby amended by adding Chapter 15 to same: The provisions of Chapter 17, Building Regulations, in Title 3, Business Regulations, are incorporated herein by this reference as though fully set forth.
Any violation of this ordinance shall be punishable by a fine up to seven hundred fifty dollars ($750.00)
Registration of Rental Properties
3-18 Repealed by City Council — Ordinance #2010-20
|3-18-1:||Registration of Rental Properties|
3-18-1: REGISTRATION OF RENTAL PROPERTIES:
(A) Registration Required. Except as provided hereafter, every owner of a residential or commercial rental real estate property not exempted under paragraph C below shall file an annual registration statement for each such property on a form provided by the City for such purposes. Any registration statement shall be prima facie proof of the information therein contained in any administrative enforcement proceedings or court proceeding instituted by the City against the owner or owners of the property for any reason.
(B) Information Required. Each registration statement shall contain the following information:
- The name, street address, telephone number, and driver’s license number of a current driver’s license of each owner of the property or a copy of a State of Illinois Identification Card or other comparable identification shall be required. If the owner is a partnership, corporation, or voluntary unincorporated association, the statement shall further include the name, street address, telephone number, driver’s license number of a current driver’s license and position of all partners or officers. If the owner is a corporation, the statement shall further include the name, street address and telephone number of the registered agent for that corporation.
- The name, street address and telephone number of a natural person twenty-one (21) years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and receiving processing any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of this code shall also be required. This person must maintain an office in Peoria, Knox, Tazewell or Fulton County, Illinois or must actually reside within Peoria or Fulton County, Illinois. An owner who is a natural person and who meets the requirement of this subsection as to location of resident or office may designate him or herself as agent.
- The name, street address and telephone number of the owner’s agent for the purpose of managing, controlling or collecting rent and other person, not an owner who is controlling such property, if any shall be required.
- The street address and property index number of the property rental property.
- Name and phone number of each tenant.
(C) Exception for family occupied property. The owner who would otherwise be required to be registered under paragraph B of this Chapter shall not be required to register if such owner files a statement on a form provided by the City setting forth that the property in question is occupied by an immediate family member, which means a parent, sibling, spouse or child of the owner. Such written statement shall be effective until there is a change in ownership or occupancy.
(D) Time of registration.
- The owner of a property not exempt under paragraph C above shall register the property with the City within 30 days of the passage of this ordinance or of the purchase or acquisition of such property. If a property becomes subject to registration because it is no longer exempt under paragraph C above, then the owner shall have 30 days from the date on which the property ceased to be exempt to register the property.
- Registration shall be required annually on or before January 31.
- Amended Registration. The owner of a property required to register with the City shall notify the City within 10 business days of any change on the registration contact information by filling out an amended registration statement on a form provided by the City for such purpose. There will be no additional fee for filing an amended registration statement if the registration statement for the year in which the amendment was made was timely filed.
(E) Registration Records. The City Administrator shall maintain the forms required by this Ordinance and process and maintain the rental registration statements.
(F) Notice of Code Violation. By designating an authorized agent under the provisions above, the owner is consenting to receive any and all notices of code violation concerning the registered property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered property by service of the notice or process on the authorized agent.
(G) Registration Fee. Every owner registering a property pursuant to this ordinance shall pay a registration fee of $25.00 for each property required to be registered, and each time a new tenant is registered for a property. For the purposes of this section, each property identification number constitutes a single property. The registration fee will not be prorated.
(H) Penalty. If a property required to be registered is not so registered by February 15 of the year in which registration is required, then the owner will be assessed a fine of $100.00 for each property not registered. (Ordinance 2010-08 passed 04/19/2010).