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HomeMy WebLinkAbout2012-11-12 AgendaVILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER NOVEMBER 12, 2012 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special minutes from the October 22, 2012, meeting Regular minutes from the October 22, 2012, meeting Special minutes from the October 24, 2012, budget workshop 5. Special Reports a. Community Choice Business Awards Presentation by the Economic Development Commission b. North Shore Senior Center Update on Available Services 6. Public Hearings 7. Residents' Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee 9. Clerk's Report — Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria —Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg —Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) C. Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh /Ferris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMario) d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Safety Commission (Trustee Thill) 1) Resolution 12 -78 (Introduced November 12, 2012) Authorizing the Purchase of Up To 2,500 Tons of Road Salt from Morton Salt Company PSD- 4017275 e. Trustee ThiIl — Building Department, Appearance Commission, Capital Projects, Plan Comin ission/ZoningBoard of App eals (Trustee Toth) E Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 1) Ordinance 12 -38 (Introduced November 12, 2012) Amending Titles, 1, 3 and 4 of the Municipal Code to Update Business Regulations and Establish a Compliance Certificate Program for Businesses and Nonresidential Premises 2) Resolution 12 -79 (Introduced November 12, 2012) Authorizing the Execution of an Agreement with GovTemps USA, LLC for Employee Leasing 12. Other Business 13. Presentation of Warrants - $3,609,169.69 14. Residents' Comments 15, Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and /or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan orMarlene (8471470 -5220) promptly to allow the Pillage to make reasonable accommodations. Village of &Uorton MINUTES OF THE OCTOBER 22, 2612, SPECIAL MEETING RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper- notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:01 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: Mayor Daniel .1, Staackmann, Village Clerk "Pony S. Kalogerakos, and Trustees Daniel DiMaria, Larry Gomberg, William Grear. Sheldon Marcus, John Thill, and Maria Toth Absent: None Village Staff: Village Administrator Ryan .1. Horne, Assistant to the Village Administrator Peter Falcone, Nancy Radzevich, Community and Economic Development, and Corporation Counsel Teresa Hoffman Liston Also Present: None Mr. Horne started the special meeting by reminding the Board of the upcoming October 24, 2012, Budget Workshop. Ile then introduced Nancy Radzevich who was working for the Village through an employee leasing agreement with GovTempUSA. Ile stated Ms. Radzevich started October 2, 2012, and has an extensive background in planning and community development. Ms. Radzevich then stated she received her undergraduate in architecture with a Master's Degree in Urban Planning from the University of Illinois and the University of Chicago. She previously worked for the Village of Naperville from 1997 through 1999. She then went to Massachusetts and worked for the town of Newton for 11 years. Newton is a suburb west of Boston with no real downtown area. She was its chief planner and land -use coordinator. Newton had a Board of 24 Alderman who also sat as a subcommittee to approve zoning permits. Therefore, she has experience working with boards and commissions. Ms. Radzevich stated she was reviewing the Village's planning process to make it more definable so developers and /or new businesses would know what to expect. Her goal is to be proactive. Ms Radzevich further stated the key is to be ready shows so when a new developer sh interest they can proceed quickly. Businesses are changing all the time and the best way h respond is to be ready. Currently she is reviewing the Unified Development Code to update it and make it more responsive to current conditions. She is also helping to prepare a "zoning inquiry form" to cut down on time for responses and be more efficient up front. Ms Richard T. FIickinger Municipal Center 6101 Capulina Avenue o Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 Radzevich also recommended the Village consider a presence /absence study to determine current market conditions within the Village. Mr. Horne has asked Ms Radzevich to review the parking study for parking needs and grant requirements on Dempster Street, Trustee Grear stated he was impressed with Ms. Radzevich. Trustee DiMaria then moved to adjourn to Executive Session to discuss pending litigation, personnel, and real estate matters. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call vote at 6:22 pm. At the close of the Executive Session, Trustee Marcus moved to adjourn the Special Meeting. The motion was seconded by'Frustee DiMaria and approved unanimously pursuant to a voice vote at 6:47 pm. Minutes by: Tony S. Kalogerakos, Village Clerk CALL TO ORDER I & Village President Dan Staackmann called the meeting to order at 7:00 called the roll. p.m, and led the IL assemblage in the Pledge of Allegiance. He then directed the Clerk to call the roll. III. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth, IV. APPROVAL OF MINUTES Regarding the Minutes of the Special Meeting of October 8, 2012, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote, with Trustee Marcus abstaining. b_ Regarding the Minutes of the October 8, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote, with Trustee Marcus abstaining. V. SPECIAL REPORTS Community Choice Business Awards Presentation Mayor Staackmann stated that this Awards presentation would be made at a future Board meeting, not this evening's. 2. "Muslim Faith and Culture —A Neighborhood Q &A" Presentation Commissioner Janice Cha of the Community Relations Commission invited the Board and the assemblage to attend a special presentation that will be taking place on Wednesday, November 14, at 7:00 p.m. at the Morton Grove Public Library. The presentation, "Muslim Faith and Culture —A Neighborhood Q &W is co- sponsored by the Commission and the Muslim Education Center. This is in response to an incident earlier this year and will allow residents to ask a variety of questions about Muslims and Islam in an informal, conversational setting. She encouraged all to come so they can get to know their Muslim neighbors. Minutes DfDctober22,2012 Board V. SPECIAL REPORTS (continued) Trustee DiMaria pointed out that the printed Agenda for tonight's meeting indicates that this presentation is taking place on December 14, 2012. Commissioner Cha reiterated that the presentation is actually happening on November 14, 2012. VI. PUBLIC HEARINGS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) NONE VII. PRESIDENT'S REPORT Mayor Staackmann sought concurrence on two appointments this evening: Deborah Manno to the Appearance Commission and Isabel Hughes to the Community Relations Commission. Trustee DiMaria so moved, seconded by Trustee Thill. Motion passed unanimously via voice vote. VIII. CLERK'S REPORT Clerk Kalogerakos asked for a motion to approve the Executive Session Minutes of February 27, 2012, March 26, 2012; April 9, 2012; May 14, 2012, June 11, 2012, June 25, 2012; July 9, 2012; and August 13, 2012. Trustee Thill so moved, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear aerie Tr. Marcus ave Tr. Thill acre Tr. Toth ave 2 Clerk Kalogerakos then asked for a motion to not release any Executive Session Minutes. Trustee Toth made the motion, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg ave Tr. Grear ave Tr. Marcus ave Tr. Thill ave Tr. Toth acre Lastly, Clerk Kalogerakos sought a motion to destroy Executive Session tapes, as authorized by the Illinois Open Meetings Act, dated September 29, 2010; October 11, 2010; October 25, 2010; November 8, 2010; November 9, 2010; January 10, 2011; January 24, 2011; February 28, 2011, March 14, 2011; March 21, 2011 (both pre- and post -); and March 28, 2011, Trustee Toth so moved, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg ave Tr. Grear aye Tr. Marcus ave Tr. Thill ave Tr. Toth ave Ix. STAFF REPORTS A. Village Administrator Village Administrator Ryan Horne announced that the first Budget Workshop to discuss the 2013 Budget would be held on Wednesday, October 24, at 6:00 p.m. at Village Hall in the second floor Trustees' Conference Room. B. Corporation Counsel, Corporation Counsel Liston had no report. X. TRUSTEES'REPORTS A. Trustee eta Trustee DiMaria had no report. B. Trustee Gomberq: Trustee Gomberg presented Resolution 12 -76, Authorization For The Purchase of Watchguard Digital In -Car Video Recording Systems For Police Vehicles From the Illinois State Bid Program, Contract #PSD- 4017032. He explained that the Morton Grove Police Department has been using the in -car recording system from Watchguard for several years. Units purchased in 2008 are now showing their age; therefore, this resolution authorizes the purchase of three new recording systems to replace those whose reliability is deteriorating. The $14,646. cost for these recording systems is Trustee Gomberg moved to approve Resolution Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg Tr. Marcus acre Tr. Thill C. Trustee Grear Trustee Grear had no report. 12 -76, seconded by Trustee Grear. iave Tr. Grear ave aye Tr. Toth aye Minutes of.DActober22, 2012Bwrd Meating X. TRUSTEES' REPORTS (continued) Trustee Marcus: Trustee Marus presented Resolution 12 -77, Authorization to Execute a Contract With Rogers Pump Sales and Service, Inc. For The North Pumping Station Pump and Motor Replacement. He explained that this resolution will authorize the replace of a 54 -year old, 900 gallon per minute centrifugal pump and 50hp direct coupled motor at the North Pumping Station on National Avenue. He said there are four sets of existing pumps and motors working at the North Pumping Station that were originally installed in 1958. Over the years, this equipment has been rebuilt. Parts availability has now become an issue. so the Village is beginning to replace this aging equipment with new. Cost of this pump and motor replacement is $19,251. Trustee Marcus moved, seconded by Trustee DiMaria, to approve Resolution 12 -77. Trustee Thill commented that one of the reasons the Vilage charges 3% extra on water /sewer bills is to have funds available for replacements and repairs of this nature. There being no further discussion, Mayor Staackmann called for the vote on Resolution 12 -77. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear acre Tr. Marcus acre Tr. Thill aave Tr. Toth aae E. Trustee Thill: Trustee Thill had no report. F. Trustee Toth: Trustee Toth announced that the Advisory Commission on Aging, in conjunction with the North Shore Senior Center, would be hosting a program called "Introduction to the Yellow Dot Program." This explains a program offered by the Illinois Department of Transportation to help first responders locate vital information about drivers if they're involved in an accident. The presentation will be held on November 13, 2012 from 2pm to 3pm at the Civic Center. Trustee Toth noted that this is not a program for seniors only, rather, for anyone who drives a car. XI. OTHER BUSINESS Trustee Grear reminded the assemblage of the Veterans Day Parade on Sunday, November 11, 2012. It kicks off in the parking lot of the American Legion and will march to the Library. He encouraged everyone to attend. XII. WARRANTS Trustee Toth presented the Warrants for October 22, 2012 in the amount She moved to approve the Warrants, seconded by Trustee Thill. of X1,002,353.65. XIII. XIV. There was no discussion. Upon the vote, the motion passed: 5 ayes, 0 nays, 1 abstain. Tr. DiMaria abstain Tr. Gomber Tr. Marcus are Tr. Thill g Tr. Grear save ave Tr. Toth aye RESIDENTS' COMMENTS Eric Poders, Mr. Poders, accompanied by three rats, announced that a particular website (mglovesrats.com) has now been shut down. The phone number associated with it was from a prepaid phone (847- 532 - 2365). The email associated with it is ChrisMG, and that person is still posting on Patch.com and on a word -press site. Several images this person is using and has used violate copyright laws, which is a federal offense. Mr. Poders identified several of the "stolen" images and strongly encouraged the person responsible to come to the podium and apologize to the Village officials, and to attend a District 69 Board Meeting and apologize to the District Superintendent. Rudy Furundzik, 7628 W. Lake Street, said that he's been asking questions of the Board over and over again, with no resolution. He said he has not heard anything back from the Village. He asked for information about the old water meters versus the new meters, and never received anything. Public Works has come out and inspected his property a nd has not found any leaks, but Mr. Furundzik said it's impossible that he's using 200% more water from last year to this year. He's looking for an explanation. He also wondered why the Village is charging more for water rates than Chicago or Niles is charging. He found this very odd and expressed that he's beginning to think he should move. He felt it was bad practice for the Village to choose silence. The Village should work together with residents to solve problems. He said the board members should be ashamed and reiterated that he's expecting answers. ADJOURNMENT /EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee Toth seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria are Tr. Gomber Tr. Marcus aae Tr. Thill g Tr. Grear ave ave Tr. Toth ave The meeting adjourned at 7:21 p.m. ..... .Minutes of October 22, 2012 Meeting`. PASSED this 12th day of November, 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12th day of November, 2012. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 13th day of November, 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cougar MINUTES OF THE OCTOBER 24, 2012, SPECIAL MEETING /BUDGET WORKSHOP OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULI,NA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the Special Meeting/Budget Workshop was called to order at 6:00 pin by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kalogerakos, and Trustees Daniel DiMaria, Larry Gomberg, William Grear, Sheldon Marcus, John Thill, and Maria Toth Absent: None Village. Staff: Village Administrator Ryan J. Horne and Corporation Counsel Teresa Hoffman Liston, Fire Chief Tom Friel, Police Chief Mark Erickson, Public Works Director Andy DeMonte, Assistant Public Works Director Joe Dahm, Assistant to the Village Administrator Peter Falcone, Family and Senior Services Jackie Walker O'Keefe, Finance Director Remy Navarrete, Building Commissioner Pro Tern Bill Porter Also Present: None Village Administrator Ryan J. Horne introduced Finance Director /Treasurer Remy Navarrete. Ms. Navarrete reviewed the agenda for the evening, which included a review of the 2013 Budget Objectives and Timeiincs, a review of the General Fund Revenues including trends observed for 2012 in comparison to prior years, and a review of the Debt Service Fetid. Ms. Navarrete proposed for fiscal year 2013 the Budget Objective be to maintain a 25% fund balance of General Fund expenditures, to implement planning, and to provide services which meet the high expectations of Village residents. The assemblage was reminded the Budget Ordinance and Tax Levy Ordinances would be placed on the Village Board's agenda for review on November 26, 2012, for a first reading. On December 10, 2012, both ordinances would be considered by the Board for final approval along with the tax Levy abatement resolutions. Richard T. FIickinger Municipal Center 610I Capulina Avenue ^ Morton Grove, Illinois 60053 -2985 1 el: (847) 965 -4100 Fax: (847) 965 -4162 Ms. Navarrete Olen reviewed the General Fund revenues for 2012. The following revenues comprise 72.54% of the budget: Major Revenues 72.54% - Real Estate 'Tax Levy 36.49% Retail Sales Tax 14.61% Home Rule Sales Tax 5.97% State Income Tax 7.45% Telecommunications Tax 4.28% — Electric Consumption Tax 3.75% By comparison, the same revenues comprised 82.6% of the fiscal year 2009 budget. All other sources of revenue which include vehicle sticker fees, ambulance fees permit fees, fines from adjudication hearings and administrative tows comprise 27.46% of the budget. By comparison, these items comprise 17.4% for fiscal year 2009. Ms. Navarrete noted for fiscal year 2008 and 2009 there was a structural shortfall of $4.1 million between revenue received and expenditures made. By comparison for 2012, expenditures exceeded revenues by approximately $140,000. Based on current projections, the Village is expected to receive sales taxes of approximately $3.6 million for 2012, which is almost exactly the amount budgeted. This compares favorably with prior years where the Village received substantially less sales taxes than expected. Similarly, for 2012, the Village was projecting to receive $2,377,000 in Home Rule sales taxes which was an increase of $50.000 or 2.15% from the 2011 budget. The Village's share of state income tax for 2012 was projected to be $2,149,000, or an increase of $393,000 from the amount budgeted. Ms. Navarrete noted the state income tax revenue has increased primarily due to the updated census information. In 20107 the Village's population (according to the census) increased to 23,270, compared with the previous population of 22,451 Revenue from the telecommunications tax was projected for 2012 to be $1,074,000 (essentially the same as the prior year). Revenue from the electricity tax was expected to be $872,000 a decrease of $28,000 from the prior year. Ms. Navarrete then reviewed the Village's Debt Service Fund. The purpose of this fund was to account for all General Obligation Debt of the Village which is financed through the Village's full faith and credit. This includes General Obligation Bonds originally issued in 2005 and refunded (to receive a better interest rate) in 2009. The final payment on these bonds will be on December 1, 2014, The Village also issued General Obligation Bonds in March 2010. The final payment on these bonds will be made in December 2029. Miss Navarrete also noted the Village's Illinois EPA loans would be paid in full at the end of this year. Therefore, the total debt to be paid from the Debt Service Fund for 2012 was $2,109,565. In 2013 this amount will decrease to $1,773,000 and in 2015, the Village's Debt Service fund obligation will decrease to $467,000. Ms. Navarrete stated the total of all outstanding debt for the Village for 2011, according to the Village's audit was $32,006,995, or $1,375 per capita. The percentage of personal income and debt per capita impacts the Village's bond rating. Mr. Horne noted the Villagc'sbond rating was currently AA stable which was an increase over 2007. Ms. Navarrete also noted the ratio of general bonded outstanding debt per capita to the total EAV (Equalized Assessed Value) was currently 2.4% which was a decrease from 2007 of 3.5 %. It was noted, this ratio does not include any TIF related debt. Mr. Home then reviewed the Village's Fund Balance. He noted no single item in a typical state or local government's financial statement attracts more attention, discussion, and debate than its Fund Balance. The definition of Fund Balance is "assets less liabilities ". He noted the Fund Balance served as a financial cushion against potential shocks of unanticipated circumstances such as revenue shortfalls or unanticipated expenditures. The Village's policy on fund balance was decided during the 2008 audit workshop to be 25% of total operation and maintenance expenditures. Mr. Horne noted using expenditures was an appropriate measure, since the Village could manage its expenditures better then it could predict its revenue. The Village's Fund Balance for 2011 was $5,684,663 or 25% of its expenditures. This compares to 2007 when the Fund Balance was $8,890,160 or 39% of expenditures. Mr. Home stated in summary, the 2011 results and 2012 projections were encouraging. Due to decreasing debt, the Village had an opportunity to review its Debt Service Fund for 2015. Mr. Horne and Ms. Navarrete then stated Budget Workshops would continue in November with a final approval for the 2013 Budget to be on Monday, December 10, 2012. Trustee DiMaria asked to receive the budget information prior to the workshop. He noted in the past, Trustees had received this information at least one week in advance, and had received a calendar of budget workshops. Trustee Marcus concurred. Trustee Gomberg asked whether the Village's real estate taxes were still its number one source of revenue. Mr. Horne stated it was, and sales taxes were the second source of revenue. There being no further business, Trustee DiMaria moved to adjourn the special meeting /budget workshop. The motion was seconded by Trustee Toth and approved unanimously pursuant to a voice vote at 7:04 PM. Minutes by: Tony S. Kalogerakos, Village Clerk Legislative Summary AUTHORIZING THE PURCHASE OF 2,500 TONS OF ROADWAY SALT Introduced: November 12, 2012 Synopsis: The Department of Central Management Services (CMS) administers the Joint Purchasing Program for the State of Illinois. The purpose of the Joint Purchasing Program is to allow units of local government to participate in State negotiated contracts, and thereby take advantage of State contract pricing which should result in procurement savings to local governments. I Purpose: Acquire de -icing materials for the 2012/22013 winter season Background; Snow and ice accumulating on roads and bonding to tine pavement makes it difficult to remove with snow plows. Salt applied to the surface causes some of the snow and ice to melt. The melt -water combines with the salt to create 1 liquid called brine. 'the brine moves the salt around and continues tine melting process allowing bonded ice to be removed by Village plows Programs, Departments Public Works and Finance Departments or Groups Affected Fiscal Impact: The estimated contract value is $128,725.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of salt purchased, per ton cost $51.49. The Village must purchase a minimum of 80% of its order and can go as high as 120 %. Source of Funds: Motor Fuel Tax Fund. Workload Impact: The implementation ofthe program is done as part of the normal operations of the Public Works and Finance Departments. Administrator Approval as presented. Recommendation: Second Reading: Not required. Special Considerations or Approval commits the Village to provide funding for snow removal materials Requirements: in the 2013 calendar year budget. h Respectfully submitted: r Gig_____ RyanJ. orne, Village Administrator Prepared by Reviewed by: Andy De Monte, Director of Public Works Teresa Hoffi ail iston, Corporation Counsel TO AUTHORIZE THE PURCHASE OF UP TO 2,500 TONS OF ROAD SALT FROM MORTON SALT COMPANY — PSD 4017275 WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village Board has authorized the purchase of roadway salt in the Calendar Year 2012 Budget; and WHEREAS, the State of Illinois Department of Central Management Services conducted a contract re- procurement for the purchase of roadway salt for the period of December 2012 to June 2013; and WHEREAS, the Village of Morton Grove has utilized the State bidding process in the past for the purchase of roadway salt; and WHEREAS, the Village of Morton Grove participated in the State bidding process for the purchase of the icing material 2012/2013 winter season. The lowest bid price was $51.49 per ton. The Village is authorized to purchase 2,500 tons of salt at this price and must purchase at least 80% (2,000 tons) and at its option can purchase 120% (3,000 tons) within the terms of this contract; and WHEREAS, the Village Board approved the 2012 Adopted Budget on December 12, 2011 as Ordinance 11 -47, which included account number 035060 - 563120 in the amount of $276,000 which provides funding for the purchase of snow removal materials; and WHEREAS, the Director of Public Works recommends the Village enter into a purchase contract with Morton Salt for 2012 -2013 rock salt procurement as follows: Approximately 2,500 Tons at $51.49 per ton (delivered) for a total estimated cost of $128,725.00; and WHEREAS, the Village of Morton Grove will also include funding in the 2013 budget to cover the second half of the 2012/2013 winter season's purchase of salt. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Board of Trustees hereby authorize the purchase of roadway salt from Morton Salt per the terms and conditions set forth by the Illinois Department of Central Management Services bid - PSI) 4017275, at a per ton delivered price of $51.49 for a minimum of 2,000 tons and a maximum of 3,000 tons_ SECTION 3: The Director of Public Works, Finance Director /Treasurer and /or their designees are hereby authorized to take all steps necessary to complete this purchase for a estimated amount of $128,725.00 from Morton Salt Company whose headquarters are located at 123 N. Wacker Drive, Chicago, Illinois 60606. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 12 °i day oPNovember 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thi l l Toth APPROVED BY ME THIS 121" day of November 2012. Daniel J. Staaekrnann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 13"' day of November 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois nn aoe 6 110r1e, r t,! ve 5 GB G 3 13 1 1,.,, - .a uIol N 4 A2 us ILI ,i , Illinois Departnrcnt of -a- ... Centr ! Nianggemeut 5ervrPro i f„rr c t _ G3 Stratton Building `:�e cee. tf'e 1 - 1 �._ �Ta s�'Tf ,e"i; )i r °`J.; 1 b ra' 40q S Spring Sheet o Springfield. lL 62706 Yes: {ii7j 782 -53 & "r Furc o<i I pg o- Gooemmcrt Unit. V !u to r --pvE" Mailing Address: 84Q iV'a sz� e Aver ur _ �,'Statc i Zip: <ton Grove, I . 6C0>3 Celmty: UGk Comact Pcrson, Paul. Tuts iri TelephoneAumber; 8LL7 -815 -1696 Fax eJumber 847- 905 -9517, �� I Contact Email: atcb in�mc rton Fro veil o Please Provide Licari dddress L_ NDTE: COhdpLETEONLYOI4ETABLE —E `�'�s BLE � ither "Tudte A"or "T¢bte B" Mow Complete this table to hove the Slate SOLICIT BIBS for vanr overpme Pa(enpty ,15-4 l ITEM DESCRIPTION QUANTITY U1VET OF tvCEASORE .4ASHT0 MC43 Road Salt or Ecuivalem (Total Tonnage) AMOUNT BUDC (L,ocaR Governmental ROAD SALT, Si1LK 2,500 (2 <_ Ton /TrvdJood) TONS Flease note your Purchase Commitment. Percentage for total tonnage quantity stated above (you must citaose one}: C7P 110 1 X 8000 Mummum purchase requirement/120 °!o maximum purchase requiremem OPTION2 — _ 100% ummtmumpurchascrequircmcnd120ib maximum purchase rcyuirement TABLE B Complete this table to hn. ITEM DESCBIP7 AASHTO M143 Read Stll ROAR SALT, BULK TONS Use note, mepcwat is evadable ONLY under to ptreets 4017034. 4017035, 4017036, 4017037, or 407 7030 for the 2032 -20 13 seaso¢ 5'our quart ly may not exceed more than a 20% increase of last seasor's quantity and price cannot increase more the 'r oflUS: asouprice `hh - "=rms C .9i.:onor .o,uracturl r.main lire same as last year, Checkreneugng X1703&( Contract 4017034 (_) C.nntract 4017035 (—) Comract4017036 L� Con[ract 4077077 (_) Comract 1 certify that funds are available for the purehese of the items on this Requisition and that such items are for 16° Sole use of this governmental unit, and not for persona! use of mv� of5cial oe individual or re -se;e. it ad ¢i " I agree to abide by tFe Join, Purchase, procedure established by the Department of Central Menagetrteitt Senjcee t p ,l1 SIGNATURE OF AU, f10RIZE "D C>r F I{ IAi.OR nGENT e -� �"�� J TM Subject: 20312 -2013 Rock Salt, E?ulk Contract lntornatian In compip(inu the 2012 2013 Derck Sall season contract re - procurement rh= `stale of 'Illinois aid not en! punter tae type , of supply - related issues experienced in previous seasons. We made every effort to secure Road ,Salt at the best available price for Participants 11) ")UT contract re- procurement, and gladly report that all locations across hie State were, able to have their supply needs rnet through the State's procurement efforts. We again recommend that participating agencies one oovenmentnl entities examine them` application rates and roadway priorities in order t.o minimize next season's maintenance program, cost while also ensuring the safety of the public. Enclosed is a copy of the requisition you submitted to us for the purchase of rock sah. Fhe information from the requisition, including purchase comuritment, can be used to submit your requirements to this year's contract vendor: Contract: PSI} 4017275 Terns: October 2012 — October 2013 Morton Salt Inc. FEIN Number: 21-3146174 123 Nr, Wacker Drive Chicago, IL 60606 Order Phone (888) 800 -8905 Contact Goverment Services Your unit is Contract Line No: G / Price per ton F.O.&. destination, is S_ J (, Emergency pickup of salt final vendor's warehouse is not made available in this contract. The additional Price per ton to have rock salt delivered in trucks equipped with coal /grain chute openings in the tailgate to perrnil controlled off - loading of rock salt onto conveyors is S 5.00 per ton. Contact vendor for availability in your area and scheduling deliveries, You are responsible for issuing your own purchase order document to the vendor. Orders ntay be placed with the vendor via telephone, with a written or fax confirmation to follow immediately. You are strongly encouraged to order early and tit store as much salt as Possible in order to help prevent potential salt shortage„ this winter. Also. you need to make even e. +l<>rt io place ordeu c in full tn:ckloaci 1os ('2 -? �- tons; pace I n[3 11()? Stratton Office Building, 401 South Spring Street. S,rringfield IL 63706 L i',.l Y 4 r i FRAIR Tilst-�: T' {J t IRE "� l l�i`� i4 -M ti� p. 1 ti /`,�'`�.� iE T �' j r'0 .M2!coii . R%b £:.7nti, iJl €ec.t37 _i�iiriY `1Ci0ner 15. s013 1! Purcha, fl- r) I"! Subject: 20312 -2013 Rock Salt, E?ulk Contract lntornatian In compip(inu the 2012 2013 Derck Sall season contract re - procurement rh= `stale of 'Illinois aid not en! punter tae type , of supply - related issues experienced in previous seasons. We made every effort to secure Road ,Salt at the best available price for Participants 11) ")UT contract re- procurement, and gladly report that all locations across hie State were, able to have their supply needs rnet through the State's procurement efforts. We again recommend that participating agencies one oovenmentnl entities examine them` application rates and roadway priorities in order t.o minimize next season's maintenance program, cost while also ensuring the safety of the public. Enclosed is a copy of the requisition you submitted to us for the purchase of rock sah. Fhe information from the requisition, including purchase comuritment, can be used to submit your requirements to this year's contract vendor: Contract: PSI} 4017275 Terns: October 2012 — October 2013 Morton Salt Inc. FEIN Number: 21-3146174 123 Nr, Wacker Drive Chicago, IL 60606 Order Phone (888) 800 -8905 Contact Goverment Services Your unit is Contract Line No: G / Price per ton F.O.&. destination, is S_ J (, Emergency pickup of salt final vendor's warehouse is not made available in this contract. The additional Price per ton to have rock salt delivered in trucks equipped with coal /grain chute openings in the tailgate to perrnil controlled off - loading of rock salt onto conveyors is S 5.00 per ton. Contact vendor for availability in your area and scheduling deliveries, You are responsible for issuing your own purchase order document to the vendor. Orders ntay be placed with the vendor via telephone, with a written or fax confirmation to follow immediately. You are strongly encouraged to order early and tit store as much salt as Possible in order to help prevent potential salt shortage„ this winter. Also. you need to make even e. +l<>rt io place ordeu c in full tn:ckloaci 1os ('2 -? �- tons; pace I n[3 11()? Stratton Office Building, 401 South Spring Street. S,rringfield IL 63706 _z CtAr 'r F dliei L., i,t:]r tt :th, 1.:. ..nrCl 1 r(f �:.o-., t)'t it ,: :Q ki Aviti.rn n t 1r ;l Gi "S 'llirC 1 C77 ,i ..r. �� -� ,.r� rlv ,A uor rC L,C'ri ;A, li: kit !, "i..i: Ll 1 t{.`_ ,r i.', ❑' 7 r. 1 -rii � n+i' 74 ,117 °. f lit ,t, 7 ._ �' : -ry a f'l7 l v,. . - _ _ riL It I ,.1'k9 i,_,„ tA'I c PT: 1'1..1'x' - si3i - JFrf'= 1 {",.li{ C): 8)r �U :1 .1> p0 nfi c.fLe'. L✓J C., :et zl , t { O, "r1C, f . v :' . ty :i_ t i-.: Ci .ILC vi D ,., ,..�e s L,.� E.e=( itT7 US C, C r z":.: of S \ci'en ecem 1.:?UI,isoughh,o-l.i,z,�� rril: :( eed 3'enuc�r .. �dvti, I ,sat, rihet -r rvLlicl i,}., =,herein.. . i" Oi GM. DhICCII Jerb:'eer Duic:rl r -,.,i. t �, i. �, a A(r ;! ;., vi', V ".CiC) 15 iuh,E; tJ '"ate d 4 `ery VA.hin Anc Orn , tirnelmf', I(,vai ;iG:e— �cknt l �ur s Sf1L: have fl Ilg?!` to tCt 1;n !�) p.,, 10h 11Cr kki0! 1c l'! r' a mi ,tl,Ciatec a -:n;I. ,e` C the :,IC1r1'i:.:'..d In, lr7! o Inc order. Tor o3 ie :s rl. %eC tir+C?r I't C1 O(i 1. ilk. a W r. er, :lo.y „ }a° day yri C)e CoVti[let e( { „t ,..1e77,.st ..4l `:i u, i.;verl -1 ) C.c..ie Vey o ze: krrric ,7:2eed uPt cr }n o:t .''. ;FCiI d ". 'A e FO lk v ,:k Y., :_'i "]i.{x _,C nsi.;,:rf'(:' us (i -.. ,7':ti ',al e!1f1a.L t� r 0,- S I!iF ,ever; usav de,.,: j Ftrritad. ir'9 ruS -1Nv5 [C;C itzli ", t('. r i ilk:lle [tpul.1at 1 I OT D i'i 't{u,(.ale Ct damages y1:lL1G'teCi ut., ? -y.t %1 endu In the event 'i order exceeding 11 f', iT12X n1 peTC t_5i2 ge5 ('tltl lFled I7e1C L'�'. utl 3z 11 , 'JI caidcr un, tck 70 rG c i fhCcu wrodwdc i cc)niv2cri 10,rLoLp, t L" lvi,r at Aw VC-11dor, Shall delver wilt: I'l r 1r C)ri42 igo-Citl S'$ alteL reeeip': oF orf7Cl )lialllit } ordered +i eShold Oi9, i htr, 'e Lfr eX7clide`l ....1 et't7l" II} lj1:£: s.(S`'z<'iiaa-Gati fU° „L':'1 L)r.rue`lt f c-p61nE .[[ €).'v T,;° e ` ?`.P ?tSt.' €. TYl" ',1; ? ;' ;i, 1. ail ,...C1: ). ct °L <, _ ?1.�. d ,,AAAI a(. COTa1 l i U 'or), Cl ,1 W - ?' Ot tt ..iti. l" ton 1 "01 r ! sli ILL JB V it -r:rf - ' 4. r, i. ,_. I L,j ie ?'"t C@ Lg C4V$ ajC I Ce 7; Oi l V _ 1 3�rr 1 w. :orlti.i7}�, a x; :.'.t F E.: ^ -i O.iJ t`. ^,T. J 11' afier sevc working- day, of liquidated damages assessment.. the vendor has still failed hi uec : ove ne Lt al unit shall nave the naot a) temtinate an order and ours -tease road sal-_ or abrasies from another sour-Cc, or terse action consistent with mil : fety its needed to colttinua daily business. Any and all addnional costs irtcu rred may be caliec ±e irrrr the enema) vendor.. ;n addition to liquidated damage.=„ by participant's l gal action. ^,ii dGtil ,S Teti Steal:' be 4as'erec. whiz appiw) ed 1kcalntgproe%r naac3ais Tor Attend,- ensure that dehvcxy person jn,pects the ;aside of tI, . f aiier and gnat ai -iai =, is renikil d :I'om Ink- CI "ailir hpi'm f leaV mpE a rici 'err i''o 17:'i. I he Aienco! ot3lj BnSnIe all vvei`7l aII 'j Ia7ca51tY..,i >hoivn {,ii (JeL�Br "x iickc,s AIM c ncof. fL7,.u, 4.Ct, :.. i1a..:1 a.1 ir,Iti reS °i'Je ;he u2I71 Ci) .x {:m :; ihr ,lei rf it ' Q,tiCae. of le l y '1K :`EC ''70}sli .� 8 C'7^:C' ;. oil 11 tr1 i�n0fiel-. n r7r7t)f .,caned r,» lsrrtie.l ?r;pr )eh, nee nt roll' sal. CD`el iII11Iir ant ]fJ `? os, R 3 ( sfti fives s itled, FS. s?rfld° t'et. . (�G its S.]IP� t' s 17 I s CL,,u 1 (1Fj+ [ s f:" trill. "�V Ildt UJPI ^ t, 12n L'i -.3ts dihscoveied lh dslmoe(l cieli l;Pl ii,}, if e 4 sa uucf f tg c "l ilts t aCr be,W,OaU et1 Ili? h , tiI',!' �.l il� S ii C} b f. 1 ,. P �s Ts] .tat 5 s 0i si s e �UI" I CI 1 �Jl' IYt2 VC POnr silall rnuL7c:dlatelV lhlp a SI"1C,Cs11 =.sou compliant load Ql repja anent Ili � - _SnLSe a rerurrd to the governmental unit _vnsist.a.nt with the contract price. In De ember 2012. the contract vendor c1hall have in place smekpilct) located in or neat Illinois cecering she tonnage awarded for the Northern .eglnns ofthe State, and is J<,ntlarY of 2011 the con act vendor Stet; have izl place stock 'D as or near to 4tlinois cov erin0 the tot ll tonnage awarded for all regions of the State. At our discretion, we will inspect ae stockpiles to enstn'e that These stockpiles are in safficietat quantities. and that vendor cotrmltments to the stockpiles are with the users of this contract. clit,ancc.d Rock Salt 2m -1 `1 see avaii:thili %v: The Department of Central anagenaent Services surveyed vendors for availability of an enhonced rock salt option in the invitation for hid, and availability was not provided for by this vendor in this season's procurement. process. It is hoped that this information will be beneficial to you in the utilization of this contract. H you have any further questions concerning the rock salt contract, please fee! free to contact me at 12 17) 782 -8091, Sincerely, Wayne IlSiey, C'PPB, Buyer Bureau of Strategic Sourcing GovSafraoc Page 3 of 801 S(lalton oil ,ice Bmidiog, 401 South SnTm o Street. SPrilillfselcL L 6270 1. 16 10 1 re, (uri Rervr&,d Pnpe f u g tQuirm ac=c� �tor Ts s_R'ttl4 rd a- � if r+ d _ h� costa: wee;nc ,nc_to — — — )eh, nee nt roll' sal. CD`el iII11Iir ant ]fJ `? os, R 3 ( sfti fives s itled, FS. s?rfld° t'et. . (�G its S.]IP� t' s 17 I s CL,,u 1 (1Fj+ [ s f:" trill. "�V Ildt UJPI ^ t, 12n L'i -.3ts dihscoveied lh dslmoe(l cieli l;Pl ii,}, if e 4 sa uucf f tg c "l ilts t aCr be,W,OaU et1 Ili? h , tiI',!' �.l il� S ii C} b f. 1 ,. P �s Ts] .tat 5 s 0i si s e �UI" I CI 1 �Jl' IYt2 VC POnr silall rnuL7c:dlatelV lhlp a SI"1C,Cs11 =.sou compliant load Ql repja anent Ili � - _SnLSe a rerurrd to the governmental unit _vnsist.a.nt with the contract price. In De ember 2012. the contract vendor c1hall have in place smekpilct) located in or neat Illinois cecering she tonnage awarded for the Northern .eglnns ofthe State, and is J<,ntlarY of 2011 the con act vendor Stet; have izl place stock 'D as or near to 4tlinois cov erin0 the tot ll tonnage awarded for all regions of the State. At our discretion, we will inspect ae stockpiles to enstn'e that These stockpiles are in safficietat quantities. and that vendor cotrmltments to the stockpiles are with the users of this contract. clit,ancc.d Rock Salt 2m -1 `1 see avaii:thili %v: The Department of Central anagenaent Services surveyed vendors for availability of an enhonced rock salt option in the invitation for hid, and availability was not provided for by this vendor in this season's procurement. process. It is hoped that this information will be beneficial to you in the utilization of this contract. H you have any further questions concerning the rock salt contract, please fee! free to contact me at 12 17) 782 -8091, Sincerely, Wayne IlSiey, C'PPB, Buyer Bureau of Strategic Sourcing GovSafraoc Page 3 of 801 S(lalton oil ,ice Bmidiog, 401 South SnTm o Street. SPrilillfselcL L 6270 1. 16 10 1 re, (uri Rervr&,d Pnpe Prepared still Legislative Summa _ AMENDING TITLES I,3 AND 4 O THE MUNICIPAL CODE IH UPDATE BUSINESS REGULATIONS AND ESTABLISH A COMPLIANCE CERTIFICAT @PROGRAM FOR BUSINESSES AND NONRESIDEN i'IAt, PREMISES Inundated: Novenlhei 12,2012 Sy °°psis: This ordinanec amends end updates' title lend Title4of Nle Pdvnicipal Cnde. Pnrposeo Io °Pilate Icaulal ions and lce° it re uiremenls fr husmcsscs e :ra red ando conduced g flue the Village, v Background: Village stdfpenrchcally dens Village codes and crd'Inmesto Cower that thesae r plaice tlh state airline and curient pr a s. The Village c went 1 usr -gulag require II rig h Lo -eNle h op ale cr e.Idocta blares in the Village be lahl Is h hrine . S Ice the a lops n of this regulati n in 1974 state vld federal regotatiors hate 1leer p ed fire h gof ecidnin feejecYze land looden, t h I s, ba�c d g I pica gl nperal the Village therefore renal nut { an annual conloballce ctstificar, bi ail prejoc c,, her nu rx. id r hat r es are operated orcrandieuled sillinVitale, will harc l a c n i t latabase I all fornses ill the conducting o- fe- ling a his .s or otl r r r'eadenial use Hie is Village, th 1 dirlb1se will roolithl oar ens gel ant r f<nnlutio I for e hers and Tent tie of the p em se and make sure all those premises are in compliance with tuning regnirenlents noel (hat rile Original use his not changed or irllelo'bed without the Villages knomtcdge or approval relitive to being in compliance with the Village's various codes and leg llannns. Title 1, has also been amended so the mrmicipnl taxes 1 malls ftmnd in Title 4 ale nom placed in Tithe I with Village taxes. other Programs, Departs Harlot, Legal, and Ad ninkn'atinn Depertleent ar Groups Affected Fiscal hnpact Not npplicoblc_ Source ofFunds: Not applicnMc Hlerldned hnp8et: I lie of INS ollblalelt 'If b? Is" totaled by the f lattice, AdmrnlStr'Inorl, and Leg 1 D 1 arbneVs Adminish'alien Approvni asploenred ftoennrmendaliom Second Reeding: R gioed— ('odc,N leudosid Noeember 26, 2012 Special � Non Con%idcrations at Ropli r emenrs: srl Respec(( °Il}'rmined: 4,1; - e- llQNaI l lbnnc Village ,Admiushalnr Prepared still Reviewed bt__. _ t eresa Roffman 1 lain°, Corl c ration Counsel ORDINANCE 12 -38 AN ORDINANCE AMENDING TITLES L 37 AND 4 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE TO UPDATE BUSINESS REGULATIONS AND ESTABLISH A COMPLIANCE CERTIFICATE PROGRAM FOR BUSINESSES AND NONRESIDENTIAL PREMISES WHEREAS, tire Village ofMortml Grove (Village.), located in Cook Comity. Illinois is a home rule unit of gocermnout under the Provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its govcmment affairs, including hat not limited to the r r er to tax and incur debt; laid WHEREAS, the Village has 21 policy Ofregola.ly rev(ewing and revising its Municipal Code, ass necessary, to insure the provisions of file Code remain compliant with contemporary statutes and relovant to the current (merntions and requirements within the Village- and WHEREAS, Titre 4 of the Village Code cote ias regulations and licensing requinnnents for businesses operated or aondacted within the Village; and WHEREAS, Title 3 has a minor update made to coincide with the changes made in'I -itle 4; and WHEREAS, tire Village's emreut business regulations require all individuals or entities who operate or conduct a business in the Village to obtain a hucness license. Since the adoption of this regulation in 1974, state and federal regulations have preempted the licensing of certain businesses, and modern technologro have changed the Islander in which some businesses are conducted: and WIiEREAS. Village staff recommends I itle 4 be amended to require an atonal c mpliauoe certificate for all premises where non residential uses ace operated or eendocted so. • the Village has a complete drodise of all premises in the Village conducting or operninga husiness or other non - residential use; • such database mill Conte .in current contact information fortlre owners and tenamts of such premise; • all premises are in compliance tvit), zoning requircmrave and the original use has not changed or nuenslfred 11bhoutVi lage knowledge and approcah • owners and operators of all bnaincyses and other non - residential uses are in compliance with all Village Codes and regulations; slid WHEREAS, Village staff further recommends certain business activities such as food preparation and sales, alcohol sales, tobacco sales, taxis, vending machines, contractors, and others continue to be licensed and be subject to regulations regarding the operation of such horsiness activities: and WHEREAS, Village staff also recommends a Compliance Certificate Pee Schedule be established; and WHEREAS, for ease of reference a nnmher of Chapters regulating taxes and how, thee are collected have been moved to Title L and WHEREAS, the Corporate Authorities deem it in the best interest of the Village to amend the Village Code in accordance with staff recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF 'PRUSTEES OF rim, VILLAGE OF MORTON GROVE, COOK COUNTY. ILLINOIS AS FOLLOWS: SECT ION l: lire Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as (hough fifty set forth therein thereby making the findings as hereinabove set forth. SECTION2: Title 3 entitled MUNICIPAL DEPARTMENTS, Chapter 3A entitled AD11iINIS IRATIVE CODE REARING DEPARTMENT, Paragraph 2 entitled ADMINISTRATIVE HEARING OFFICER, adipangraph 9, is hereby amended to read as follows: Impose Penalties and fines, issue order_ Consistent lr ith applicable CC) (I C provisions, and assess costs upon finding a party liable for the charged violation. An m'dermay include tha suspension, revocation or nonrenewal of business license andlorcompliance certificate. In no event shall an Administrative hearing Officer have the aalhority to impose a penalty of imprisonment or a fine in excess of fifty thousand dollars (S50.000'00d. SECTION I: Title 4 entitled BUSINESS REGULATIONS of the Village of Morton Grove Code be and the same, is herehyamendud to read as follows TITLE 4 BUSINESS REGULATIONS The regulations in this Subject Chapter General Provisions 1 Definitions 2 Fees 3 Compliance Ceriificales and Licenses 4 Regulations Pertaining to All Businesses 5 Regulations Pertaining to Specific Businesses 6 Camivals and Circuses 6A Vending Machines, Coil) Operated Devices and Video Gaming Terminals 6B Shooting Rauges/Gallerios; One Clubs 6C Liquor Connol 6D Solicitors, Canvasser-, and Peddlers 6E Service Stations 6F Kennels 6G Adult Entertainment 6 tablishmenta 6H Pawnbrokers, Pteorous McMi and Secondhand Property Sales Dealers 61 Public Passenger Vetdcles 7 Garage and Yar d Sales S CHAPTER I GENERAL PROVISIONS SECTION: 4-1 -1: Constmctinn, Jurisdiction, and Limitation 4-1 -2: Enforcement 4-1 -1: CONSTRUCTION, JURISDICTION, AND LIMITATION: A. Construction: The purpose ofthis Title shall beliberally construed to protect the health, safety, and welfare of the residents of the Village of slorinn Grove, and people who are employed at or enter public places and places of empinytnent within the Village of Morton Grove to promote and protect health, safety, and welfare, and to maintain an accurate record of businesses and non - residential uses within the Village of Morton Grove. B. Jurisdiction; The regulations in this Title shall supersede all state laws or regulations in conflict with these provisions to the extent allowed by the Illinois Constitution. C. Limitations: If any prousron of an Other ordinance of the Village enacted prior to Thu SI'IIle EMPLOYEE is in conflictwith an rovtsion of this' nt rtdnment hhli.drmcnS $o are retained by the license } l fide, this T rile shall control. Nothing In thin Title shall be consimed to regvlale the cmrdvet ofmry business licmv ed by the state or federal or subject to di tin sal from working at the bcenacd premises, government where such regulation is specifically prohibited by sliteor federal lone ADULT ENTERTAINMENT An EN Any individual ether than au adult entertainment D. Severabil_(y: If all), provision, clause, sentence m' paragraph of this Title or the application ESTABLISHMENT PATRON esfab)isfinent unpldyee present rn, or at any adult thereof to any person or dreumstance shall beheld m -alid by a court of rAmpcient entertainment CST tblrshment at ally lime ehen such adult jurisdiction „sylph invandiry shall not affect the other provisions of this "Title which can be entertUinm eat esri hliahmcnt is open for holiness, given effect without the invalid provision or apphcatioq and to this end the provisions of ADO IL I ENTERIADIMENI Any or all of the following: adult bookstore, adult live this fi le are declared to be severable. ES'fABIdSHMEN TS eriterteinment establishment and adult theater. 4-1-2: ENFORCEMENT: The Village Administrator or his/ her dodilose is nudcaized ADULT LIVE Anightclub, theater, orother business establishment e llich to take rill nect„ssary and appropriate action to cntome this "Pule, The Finance ENTERTAINMENT permrts live performances by sapless andror hotfomless llirector /Treasurer shall besponsible for the approval, denial, renewal or non renewal of all done +m, go -go dancers, strippors or similar entertainers, applications ROD eompliaoce certificates and business licenses, and lire Village's Adindication where such perforrnanees are distinguished or characterized Hearing Officer is authorized to rule on violations of This title and on requests far The suspension or b} an emphasis on "specified sexual activities' or "specified revocation of a wmpliance certificate or business license anatomical areas ". ADULT THEATER A business establishment in an enclosed building used for Preventing motion picture films, videocassettes, cable CHAPTER 2 television, or any ether such visual media, djsbngnished or ch.nacterized by in emphasis rah matter depicting describing DEFINITIONS or relating to "specified sexual activities" or "specified SECZION auatomioal areas” as herein defined, for observation by : patrons therein. 42 -1: Definitions ALCOHOL Tire product of distillation of mry- fermented Nquld, whetteer rectified or dilated, whatever niav-he the Origin thereof, 4� -1: DEFINITIONS: Tile following words and phrnsesuseelinthis'Litie shall have including synthetic ethyl aleohol,but Doi includingdennurcd the following meaning, unless a different meaning is required by the context alcohol or wood alcohol, TERM DL'b1NITION ALCOHOL DISTRU UTOR A person, other than a manufacturer, who is engaged in the business of purchasing storing, possessing, onvarehousirrg REGULATIONS ADMINISTRATIVE 'T'he admimstra6verules and regmlaHons promulgated REGULATIONS pursuantte (lenuthority of the Caron and Amusement any alcoholic liquors for resale or resrdhog at n'holesale, PERTAINING TO THE Rides Safety Act and found in the carnival and turns whether whether within or wit out the Village. ILLINOIS CARNIVAL ACT ride inspection law at 56 Illinois Administrative Code 6000.10 ets ALCOHOLIC LIQUOR Any alcohol, spirits, mine, beet' or other liquid orsolid containing more than one half of One perccnt (0.5 %) of ADULT BOOKSTORE A business establishment Lacing a substantial or significant alcohol by volume nt hmh is capable of being consumed as a Portion of its stock in trade, books, Pu Ines, films for sale, beverage by a human being. rentorother hstribntion. and other period ass v:hich are distinguished or charaetcnzed by their emphasis on matter ALCOHOL SALES AND BASSET, 'LIPS or such other alcohol sales and service depicting, describing or relating to "specified sexual SERVICE TRAINING framingprogmmn approvedio elilinghy the Villageof acin itiet'or "specified anatarnical areas ". PROGRAM Marlon Greve Chrefofpolice ADl1LI ENTERTAINMENT Any individual including ntertainers who w AMUSEMENT RIDE (OR Any mechanical device n-hich conies m-eonreya rattler, gors EST ABLISHMENT g ark o or at, or RIDE) along, around or ever a filed or restricted route or course m' retrder any stn reel dimctly related to the operation of an adDP within a defned area for the purpose ofgivink ifs passeagm n CANVASSER amusement, pleasure, thrills or excitement. AMUSEMENT Any person, or the agent of person, who owns or controls or RIDE/CARNIVAL has the duty to control the operaHon of err amusement ride or OPERATOR attraction or any part of a carnival. ATTENDANT' The owner or any person who is retained, employed, or otherwise engaged by tile owner to dispense motor fuel at such service station. A "IIRACTION Any show, act, game of chance or skill, ride, amusement device, spectacle, display of mild animals, parade, or other activity conducted in conjunction with a corn ill or circus, but not including: CARNIVAL A. Concessions, games, activities or shows operated by a unit Of local government, local not- for -profit organization or Treat business: B. Parades; or C. Live hands which at part ofa Village of Morino Grove or Morton Grove CARNIVALPARADE Park District sponsored community event. BARTENDER A person employed by a liquor licensee whose duties include preparing nr pondna. and serving alcoholic baverag" to customers for on site consumption_ A urine wlh ress is not CARNIVAL. WORKER considered a bartender. BEER A beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain. malt and hops in water, and includes, mantle other things- beer, ale, stout, lager beer, porter and the like. BOX STAND A place alo guide a street, or elsewhere, where the Village Administrator has mutlrmtzed a hclderofa certificate ofpnblic conceticnee and necesity to install a telephone or call box for the taking of calls and the dispatching of public passenger CATERER vehicles, BRF,WPUB See definition of Microbanvery, oif- premise consumption_ I his definition shall not include BUSINESS Any vocation, occupation, profession, enterprise, establishment, or any other type of activity which occupies time, attention, labor, and materials, orwherein merchandise is exhibited or sold, or where services are offered- with all devices, machines, equipment, vehicles, and nppurtemances CHAUFFEUR`S LICENSE used therein. CANVASSER A person mho goes upon en} premises or in one or more residences within the Village or upon any street, higlnvry, or sidewalk within the Village for the purpose of advocating religious beliefs, or communicating issues of general interest to the publiq or for promoting a political candidate or party, or the like so long as the person does not solicit, hawk, puddle or directly or indirectly ask for anrahing of value. Canvassers are not solicitors for Purposes of this directed not be required to register or obtain a license pursuant to Chapter 6E, but canvassers shall be regnitcd to comply with the standards of conduct set forth in Section 4 -6 -2 of this chapter, CARNIVAL An enterprise which offers amusement or entertainment to the public by means of one or more rides, games, or attractions including circus acts, eondnded under one or more management or indepcndeNlg in a public- place or upon any Private premises accessible to the publiq with or without an admission fee The norn carnival shall include circuses. CARNIVALPARADE Any parade in conjunction oitb, Ind or in anficipatinn of, advertising or promoting any carnival or circus which is conducted in whole or in pall anon any street, alley or public way. CARNIVAL. WORKER A person who is employed at, acts as an independent contractor for, or works with or without compensation for or at a carnival to set up, operate, manage or attend to carnival rides, games, concessions or attractions. Carnival workers shall not include Impend volunteers who do not_set no or operate rides or games at Village of Morton Grove or Morton Grove Park District sponsored community to cuts or unpaid children under the age of 14 acting under the direct supervision and control of a parent or It guardian. CATERER An individual or business establ i shun out providing the processing, preparing and serving of meals or food items for oif- premise consumption_ I his definition shall not include any business location where on premise, over- the- eonnte, retail sales of food items may occur A caterer may serve alcoholic liquors for consumption at private functions eidw, Oil site or off site as an incideartal part of food sell ice with an appropriate Village of Moron Grove Iignor license, CHAUFFEUR`S LICENSE A license issued by the Village to a person authorizing the holder thereof to drive a public passenger vehicle upon the streets of tile Village. CIRCUS Indndes the display of mild animals, spectacles made up of acts of physical skill and daring, and acts with trained mild animals; displays ofetabmute and colorfiil costumes and HOLDER Trappings, and comedy by clowns, sideshows, rides, amusement devices, games ofchance orAill, and concession HOME OCCUPA9'IONS stands, whether conducted under one or more management er independently which are temporazily set up or conducted in a public place or upon any private Incomes accessible to the public with or without em admission fee. COMMERCIAL SOLICIIOR A person who goes upon any premises or in one or more residences whhin the Village or upon still street, higlnvay, or HOTEI, sidewalk within the Village with or ndthout an appointment for the purpose of taking or asking for orders for the sale of any goods, hocks, magazines, or aav other article or thing whatsoever of for any service or for the purpose of peddling or hawking any of the same or for the purpose of snaking or requesting appoint cads orPmcurijig int rt iews orarranging for demonstrations or explanation preliminary to any solicitation oforders, selling, peddling or hawking of of the. same. ESTABLISHMENT WHERE Any licensed premises or business wherein more than fifty THE SALE OF ALCOHOLIC percent (50 %) of its gross sales or revenues in the preceding LIQUOR IS THE PRINCIPAL twelve (12) months Avcrc desired from fife sale of alcoholic BUSINESS licuors_ GAME OF CHANCE Anygnme, scheme or procedure whereby cash,aunrodery LICENSED PREMISES substitute, or one or more ps ev, are distributed by chance among persons wdto have paid orpromised consideration fora chance to win. CAME OF SKILL Includes any game, vending device or amusement device open to the public and operated for profit in which the patronpays a fee for participation and may receive a prize Open a later happening. GARAGE/YARD SALE The sale of used clothing and used honsehold wares goods, and merchandise, owned by the sale participants n -high shall I,.ICENSEF include the occupier ofthe LF,al upon which the s:dc is conducted, such premises being zoned and used for residential purposes, HLALl- H CLUB, HEALTH CENTER, ER, REI)UC➢vG A bnsfieas either selling memberships as a condition of troy AND FANNING FACILITY or open to the general Public which pool seriices and facilities assisting the individnnl will, phpsicet conditioning, proErams to reduce or lose body weight and/or offer tanning sun ices. Health clubs or centers may but are not limited to Offering exercise equipment, body building equipment, exercise rooms, game courts, aquatic facilities, weight reducing programs, or tanning beds, HOLDER A Tucson to whom a certificate ofcvoldience or license under this article has been issued. HOME OCCUPA9'IONS An ahoeabic goufrd occupation or profession cnndnrAcd by a member of the inn otaim c family residing on file premises and whole tile business or Oofessino is conducted wholly "ithin the dwoiling, All home occupation liters will be issued roily to businesses which meet the regnircmcnfs of tile Morten Grove Zoning Ordinance as contained in Title 12 of this code. -- HOTEI, All hot dings, - gs, shvrehares or portion thereof wlilch area used, maintained, and advertised is a place where sleeping accommodations arc offered for pay to guests, on a redo basis, containing five (5) or toots guestromns or suites far the sleeping accommodations Of Such guests. Provides maid and linen service, Each individual gae;trnosn or suite must have bathroom facilities and convenient access to oft street parking spaces for exclusive use by Tire guests, the term "hotel° shall include w-bar is commonly referred to as a motel -, ILLINOIS CARNIVAL ACT Carnival and Amusement Rides Safety Act, 430 ILCS 85/2 -1 et seq. as amended firm time -to -time. KENNEL Any atilt fit ish in cat or pr em ices wherein or w'h of no or ore than four (4) animals of any one species are kept for the purpose of breeding, sale or exchange. LICENSED PREMISES The permanent sbvcture for which a certificate of cnmplimce has heel' issued of housing a licensed business described in the application for (he license, or the place where a business or nonresidential use to be covered or covered by the certificate of compliance or the license is to be, of is carried on, but not including parking lots and Property outside such Permanent structure unless otherwise specified hi the license. Said premises may include desigTuded outdoor truculent, as decks and patios adjacent to said permanent loudure. I,.ICENSEF A person holding a license under the provisinas of this chapter, and all persons required to be listed on the license application for an} license issued, and all persons who are owners or are in control Of any place where theadc of alcoholic liquor k carried on, including, without limitation, indi ri &rats, clubs, partnerships, corporations, partners, managers, lid', ciarics, officers, directors, stock hold ors owning more khan fifty per (50 %) of any corporation or mo'e than pa}unem of annnn( dues. C) owning hiring or leasing s building or space iu a building, of such extent and character as may be suitable and adequate for the reasonable slid comfortable rise and accommodation of its members and their guests, d) provided with suitable and adequate kitchen and dining roan space and equipment and maintaining a sufficient number of servants and employees for cooking preparing and serving food and meals for its members and their guests, slid e) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the memhers at their annual meeting. OPEN STAND five percent (5 %) of non - publicly traded corporations. 'I his definition excludes an employee orbartender who is not otherwise an owner of control of the licensed premises. LIQUOR COMMISSION 'I he meal liquor control commission of the Village of-Morton ORIGINAL PACKAGE Grove, Illinois LIQUOR COMMISSIONER The local liquorconhol fainnussionerofthe Villageof Morton Grove. Illinois, LIQUOR CONTROL, ACT The Illinois Liquor Cmnrol Act of 1934, 235 of the Illinois OTHER'fERMS Controller] Statutes 5/1 A of set- as amended here time -to- time. MANAGER A person employed by a licensee who has anthnrity to oversee the oprsaticn of a rimu esidcntial use and esercisa discretienary authority on behalf afore licensee. definitions in the II linois Carnival Act are hereby incorporated MANIFEST A daily record prepared by a public passenger vehicle driver OWNER of all trips made by said driver showing time end place of origin, destination, number of passengers and the nmount of fare of each trip_ MICROBRE.WERY Any public place or establishment that engages in the Production, In ami pact "Till o, or brewing of beer on the premises by menus of adequate and sunilary equipment PAWNBROKER designed and maintained to facilitate the brewing process and draperies beer produced on the premises for consumptive on the premises and packaged for retail sale. NONCOMMERCIAL. A person who goes upon any premises or in one or runic SOLICITOR residences within the Village or upon any sheet, highway, or sidewalk within the Village for the purpose of selling any item or directly or indirectly regi,csring money, credit, property, financial assistance, or other things of value on the plea or representation that the proceeds of such sale or such money, credit, property financial a=ssistance, or other things of I able, will be used for a noneommernlal purpose such as if ei icy Political, charitable, or relYgmns purpose. NOT -FOR- PROFIT CLUB A patriotic or vetemns'sociery organized under the laws' of the United States or the State of Illinois, or a corporation organized under the lams of this state: a) solely for the promotion of a common object other their file sale er consumption of alcoholic lquor and not for pecuniary profit, b) kept, used and maintained by its member through the 10 pa}unem of annnn( dues. C) owning hiring or leasing s building or space iu a building, of such extent and character as may be suitable and adequate for the reasonable slid comfortable rise and accommodation of its members and their guests, d) provided with suitable and adequate kitchen and dining roan space and equipment and maintaining a sufficient number of servants and employees for cooking preparing and serving food and meals for its members and their guests, slid e) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the memhers at their annual meeting. OPEN STAND A public place lenteIide the curb of a street or elsewhere in the Village which has been designaled by the Village board of hustees as sensed exclusively for Ibe use of Public passenger vehicles - ORIGINAL PACKAGE Any bottle, flask, jug, can. hnrrel, keg, or other rceeptnele- of container, whatsoever, used, corked or copped, scaled and labeled by the mnmifacoucr of alathnlle liquor, to contain and convey any alcoholic liquor. OTHER'fERMS This chapter hereby incorporates by reference, the definitions of all words defined in the Illinois Carnival Act to the those words are not defined in this title; and to rite extent the definitions in the Illinois Carnival Act are different. but not inconsistent with the definitions provided in this article, the definitions in the II linois Carnival Act are hereby incorporated to segment the definitions as piovidedin this article. OWNER Anv individual(e) or legal entity holding title, lease, license, of other interest in a business or nonresidential use or the Premise of the Same. PACKAGE SALES The ?craft sale or offering PIT Rate ofalcoholie Liquor in the original package, not to be consumed in whole or in part on the premises where sold. PAWNBROKER Any person who tends money on deposit or pledge of physically delivered personal property, or who deals In the Purchase of personal property on condition of selling the some back at a stipulated price, of who publicly displays at his or her place of business flrc sign generally used by pawnbrokers to denote the pawnbroker business, or who pubbety displays a sin which indicator, in substance, a business on the premises which `9oans money for personal property, or deposit or pledge', The business of a pay nbroker shell nor include the lending of money on deposit or pledge of title to property. 11 PEDDLER Any person selling or attempting to sell any goods, e, Iles, merchat disc, foodstuffs m son ices of any kind and nature, being tamed or transported for inolo,d ne dclivcty or performance from house-to- house, 6ui!ding- to- Funding, or Upon any stt eet. highwl, or aidetcalk within the Village. PERSON Any mrib. foal, firm, corporation, orgmi7lhon, gloup, assodari<q unincorporated associated, or other legal entity, I artvcrsbil., co- partnership, club, lust, receiver, assignee, executor, adminkbaim5 or otlrerpeesonal representatives of desectdent, limiter] liability company, or auy combination PRECIOUS METAL SALES Ancdealet to lie buys, sells or otheurise mndncts business DEALERS in secondhand icreelry, coins, gold, silver, phumwr, gems and otherpreetons metals_ PREMISES OR PLACE OF When used in Chirpier 4 -6D, the place cr 1.. orlon where BUSINESS alcoholic bevomges are stored, displayed or nri'ered boreal,, or where drinks eentaining alcoholic beverages are mired, concocted and served for consumption indoding the interior of the building, sidewalks qtmorn parkingareas and grounds adjacent to any =uch placc or location or any other area within the cnatul of the licensee. PRIVATE CLUB When used in Chapter 46Fy an establishmenrieherc tlse sale Of alcoholic Hquoris not the principal business, Ind ehere the sale ofaleohol is available 01,11, to its umbers and their guests, and not to the general public. F RIVATE FUNCTION A OF private pon , frmctioq or crept for a specific social or bnsmess occasion, either by Inoitetion or resers ation and not open to the general puhlia, where the guests in attendance are aerzed in a lone m in areas du to ated and used exclush, eh' for the per ate party, f mctioq or event PROFESSIONAL BUSINESS Felahlishment, building. FACILITY premises, or porfion thereof, which is used for the business of rendering professional sen'icc mcl ,ding, but not ]united lo, health, meth al or dental care, inenrancc, legal dHairS, real estate, brokering arehitectore. and accounting by plot" smnal Persas licensed by the State of Illinois. PUBLIC PASSENGER VEHICLE A motor vehicle for hire regular ]} engaged in the business of carrying P:ssengel Navin aseffiin e2 serf g € p' y of less than six (6) persons and not operated on a fixed route. 12 PUBLIC PASSENGER Any person engage dmbnsines VEHICLE COMPANY s Proprietor or dispatcher of one or more pubhep ssengca vehicles forline for the Transportation Oflrasscngcre 01 packages PUBLIC PASSENGER A license issued by the Village to e person or entil'y VEHICLE LICENSE authorizing the holder drereofto operate a specificpublic Passenger vehicle for hire withhr the Village. P1;BLIC PASSENGER Any person owning or leasin VEHICLE OWN E R hire. g Public passenger vehicle for RATE CARD A card issued for display in each pnhlic passenger vehicc which contains the ral es of fire then in force. RESIDENCE Every , separate Fi ingunitoccupied for residential purpeses by one or more persons, contained wllbin wry -type of building or stuctnre. RESTAURAN I Any public place kept, used, maintained, advertised and held Out to the public to be a place where meals are regnlady served, such space being provided with adcgvate and sanity kitchen and dining room egnipmen t, nmd capacity, a O employed therein a sufficient mallh, of the ill( fnd hall employees to prepare, cook and oar C.suitnblc food for its guests. RETAIL SALES A building or premise or potiinn thereof, hid, is used for the ESTABLISHMENT retail sale, rental, lease or distribution ofmalerial goods or personal property not included e hit or related to the Sale, urrtul, or lease ofmoteri, I xoo U Or persmtal Property incidental to the pucision ofsenices at Pond es'tablishmen(s orsetvice establish ocinq RE, FAILER When used inChapter4- 6se a Petmn who sells, or offers for sale, yin aevibrer he use m' consumption mid not for resale in am bout SALE When used in Chapter 461), any transfer, exchange, or bartzr in auy mermen or means whaFSOerer for n consideration, and inch ndet and means all sales made by a person, whether principal, proprietor, agent, servant, or employee. SECONDHAND PROPER EY Any prevPusly owned audio _cideo equipment, compact disk, Indio or video h.Pes v'recordings, camera, computer hardware, jewelry made of precious metal m stone, article made of precious metal, precious stone or gem, watch, equipment, machine, tool or device with a resale value of 5200 or more. 13 SELF-SERVICE FUEL Anydevice for the dispensing of rites I, 11, or ill liquids into DISPENSING DEVICES fuel tanks of motor vehicles as approved by the roles and regulations of the Illinois state fire marshal. SELF - SERVICE STATION That parfait ofproperty of a service station where llanrandac and enmbfstible liquids used as motor fuels are still Oil and subsequently dispensed from fixed approved dispensing equipment into the frill tanks of motor vehicles by persons SPECIFIED SEXUAL other than the service station nttondant. SELL AT REPAIL Sales for use or consumption and not for resale in any foray SERVICE ESTABLISHMENT A building orprensise Or Portion th ^rOnfivhich is used for the business or tendering personal and commercial services. SERVICE S' PAT.ION Any place ofhusiness re here cl ass J. 11, or 111 liquids arc sold TAXIMETER A meter instrument or device attached to a public passenger or offered for sale at retail and dispensed into the fuel tanks of factor vehicles. Alensee "Automobile Service Station' 62- 17-1) SPECIAL EVENT Event being five (5) days orless w'ganized by an ednciticled. fraternal, political civic religious or nonprofit TOTAL FLOOR AREA orgmtizatiott Where the sale of nluoholic liquor is for the purpose of consumption at the location, and is incidental to the main purpose or fimefion of Ibe event. SPECIFIED ANATOMICAL Less than opaquely covered hmnan genitals, pubic region, AREAS: buttock, tad female breast below a point immediately above the top oflhc areola, and human mole geritds in a discernible turgid state, even ifeomplctd) and opaquely co: cod - SPECIFIED CRIMINAL Any of the following offenses' ACTIVI "IY A Prosiimdon or promotion ofpmstiolhon; dissemination of ohecmtity, sale, distribution or display ofbatm&d material to a minoy sexual peri'ornanio, by a ro n a: possession of distribution of clidd fear ogi gdiU : public lewdness; indecent exposure, indecency rvilh a child; engaged in organized criminal acti.ib: inxoal assamlt mole todioa of child; gambling; or distribution of a controlled suhsmnce, or any similar offenses to those described above under the criminal VENDING MACHINE or penal Code of other suits or countries; A Fm uhieh: 1) less than two (2) years have elapsed shtce the date of cohviction or the dote of release from confinement imposed for the conviction el hick is the later date, if fire VIDEO GAMING TERMINAL conviction is ofa misdemeanor Offensy 2) less than five (5) years have elapsed since the date ofeem-ic r(a) or the date of release &con confinement for colvi Orion rvhido e as is the later date, if the conviction is a felon)- offense; or 3) less than fire 14 (5) years h:n'e clapsed since the dateoftile last conviction or the date of release frain confinement from the last conviction, whichever is the later data if the convictions arc of two (2) or more misdemeanor offenses or combination of misdemeanor Offenses occurred within any twenty four (24) month period; C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant SPECIFIED SEXUAL Human genitals in a state ofserual stimulation orar sisal. acts ACTIVITIES ofhtunan mxsturbatiop, sexual intercourse, or sodomy, fondling or other erotic touching of human genitals, pubic I cgi oil , l:ottock or icmele breast TAXIMETER A meter instrument or device attached to a public passenger vehicle which measures mechanically or electronically the distinct driven and the smiting firnc area which the fare is based. TO SELL To solicit Of receive an order fbr, to advertise for sale, to keep on premise's with intent to sell. TOTAL FLOOR AREA The sum total of tie goes horizontal areas of all of the floors ofa building and its accessory buildings measured in square feet from the exterior faces of the exterior wells orfront the centerline of party walls sepia Iting hs as (2) buildings or business ^stnhlishments nn each of the riepcetive flop¢ and shall include the basement Floor, cellar floor, elevator aha fN and stainvelts at each Door. floor space used for mechanical equipment, w bell er open or enclosed, including such equipment as may be located on the roof, penthouse, attic space, §aleoniee, mezzanines, porches and verandas, floor at der -uteri to and occupied aceessrny uses, and any urn ol aved display areas. In competing such floor areas, there she]! not be included an open area devoted to vehicular per or loading or storage of materials, roof areas not occupied by equipment, mechanical equipment, talks, and the like. VENDING MACHINE Any mechanical, electrical or electronie , self - service device which. "port insertion of money, tokens or any other form of pa)¢nent provides a product, service or form of atnusemcnt and any Video Gaining Ierminal VIDEO GAMING TERMINAL Any electronic video game machine that upon insertion of cash is available to play or simulate the play of a video game including hilt not limited to video poker, Iiue -up cad blackjack utilizing a video display and micmprocc sor in which the player may receive free games or credits that can be redeemed 1s barn cash The term does not include am: chine that ducetly January I of each and every year, so uen fees, when paid, shall be effective through December 37. dispenses exring cash, or tokens, or is for amusetncnt p :pesos only (Ord.83- 5,4 -25 -1983) VILLAGE A. Cerfifican"d Comphe"'c" Onless otherwise speeitied below, shall be 'Cho Village of Morton Grove, 111lnois. as follows`. WAITING I'IME 'Fite time when a publicpassenger ichicle is not in motion All home occupations regardless of size: $100 initially then the lone -b accordance d es n p avenger na, nsscngers to (.$25 reatewaj) fhe timeofdi- charge,but does"( inclndo a- hmethepnblge 1 1000 square feet $100 pantile eq est, is nottnmotion ifduc to anq cause other 1,001 2�500 square fee( $150 than the request, act or £milt of a passenger or passcngcrs. 2,501 - 5,000 square feet $200 5,001 - 1 o,000 square feet 10,001 - 20,000 square feet $250 CHAPTER 3 20 m ,001- 30,000 sgn'e feet $350 $400 Over 30,001 square feet $ FEES 500 SECTION: 4-3 -1: Fees Required 4-3 -2: Subsidiary Fees Required 4-3 -3: Prorated Fee 4 -3 -4: Vehicle License Fee 43 -5: Fees Estnhlished 4 -3 -1: FEES REQUIRED. Unless nth ^m Ise provided in this Code, all fees shalt be due and payable to the office of file finance ducct<rr'h- eastuer within thirty (30) days blue the date Of billing ofsame and nonpatmreut efatt} such license tee shall he grounds for automatic suspension or ravocnh m of the license. Ifa fee is not aid within six£ is dive, the fee shall double in addition to an other fine p } (60) days after it Y s or penalties nsscried. (Ord. 74 -5, 3-27- 1974; atnd. Ord. 91-55 11 -11 -1991; Ord.92 -3, 1 -13 -1992) 4-3 -2: SUBSIDIARY FEES REQUIRED: It is the intention of this chapter that where one m more particular businesses, uses or sery ices are operated or curled on, at a property either as a subtenant or a separate or ancillary business or use, a separate cet tificate, er license fee shall be due and owing for each separate business or use. 43 -3. PRORAIED FEE: Fees shall be prorated quarterly as to the date the applicloon is filed or the nee begins, whichever is sooner_ 4-3 -4: VI4$ICLE LICENSE FEE: Whenever any license fee Ispmwided in fire Ordinances (if the Village for cehicJ w, said Fee shall be ht addition to [he vcJncle tax new orhereaRer in force. (1969 Code y I1busie 43 -5 FEES ESTABLISIIED: the Polhill "R fees lie hereby established and, unless otherwise noted, are annual fees. All of said license few shall be till,, and parable on 16 B. In addition to the Certificate OfC umplianez fees sat businesses for file abocc, the foltowiug use shall also pay the f< I I >,cing fees: or 1 -ledth club including health Center, reducing salons, and tanning salons 0- 5,000 s'q}mre feet 5,001 -10,000 square feet $250 10-000 - 20,000 sgnarefeet $500 20,001 - 40v00 solute feet $1,000 40,)D1 - 60,000 square feet $1,500 Over 60,001 square feet $2,000 Alarm installation $2,500 Amusements $150 $750 m S I fo per day ('carnival n'lnclrever is less Carob 11 parade permit $100 per day $250 Fireworks display $500 per has 'temporary outdoor sales $200 General sending machines unless Otherlscan defined below $ Coin Operated games inchtdinR rides 50 $100 Machines dispensing food Video gaining, terminal $loo $250 Contractors $100 Commercial merchants and peddlers $ 25 list clay $100 pot year kennck'juimal shelters 1 - 5 animals $125 17 6 - 10 enim nk $150 Taxicabs $ 75 per cab 11 -20 animals $175 21 -30 animals $200 Tobacco dental 8250 ON or animals $250 Gasoline service stations and propane gas diNrcosers $ 5o per dispensing CHAPTER 4 Nozzle COMPLIANCE CERTIFICATES AND LICENSES Liquor License. Fees (nvesNo tion!fingetprint fee is aehral nutof -pockep SECTION' Application FFee ivlaI neon Number of 4 -4_I: Corpliance Certificate Required for All Businesses or Nonresidential Uses; Class Fee Fee Limnses issued A, Full Liquor $1,000 $2,750 g+ License Required for Businesses B, Beer twine $17000 $2,500 g 4-4-2 Application C C1ublCOnanmptinn 4-4 -3: Investigations and Inficctions on Premise $ 250 ,$1.000 2 4-4-4: Denial; Nonreuewal D, Full Package Sale $1,000 ,$3500 to 4`1-5r Location E, Restaurant, Full Liquor $1,000 $2,750 20 4 -4-6: Term, Expiration, Renewal F, Food /Specialty Stores, Pop 4-4-7: Posting, Destruction, Removal Package Sala $1,000 $2,500 15 4 -4-$: Compliance Certificate,JCertificafcs Net Assignable; Unlawful Use G, Special Event $ 0 $ 0 - 4-4-9' Suspension and Relocation ilia saure P 3 for any location at 410: Appeal minimum of5; 4 -4 -11' Penalty, Enforcement minimum of 5 ognnizations per year 1-1, Caterers, Felt Liquor It 250 52,500 5+ 1, Caterers. Real 111rine $ 250 $1,000 5 4 -4-1: COMPLIANCE CERTIFICATE REQUIRED FOR ALL BUSINESSES OR J. Ie-mporap Off Premise $ 0 $ 50 per (Jay 6 pet year per licensee NONRESIDENTIAL USES; LICENSE REQUIRED FOR RUSINESSES K 'Temporary'Iasthrg Permit$ 0 S 50 per day l per week per licensee L, BYOB S 250 S 500 15 A. Except as specifically provided othernise in this Title, no owner of any premise or property * Aria, to llc� enille, 31 201 t, up is 1711sitcs r/ C 1 r_z N m Class F It in - smodstasditeg mar shall permit, and no person s m hall conduct, engage in, ainlnin, operate, carry on, or manage ry mcfe th C - rt I ee r a Cb s A 7 e cl e t at w) ( laol,f le sr at e at ailahle, any business or nonresidential use locnted within the Village, either be himself or itself, or The annual eor be a C TT i r.,,rc,eld ht 11w o1vto lrrrmor holding a Un A Class C, or through an agent, employee, or partner, without first having obtaineet . a compliance Class E[ ,..Hall bc4l,250. cettifiente for such business or use. This requirement shall not apply to actiuitq solely by an individual which tales place where he she resides and which does not involve: the stores, of 94otelflrotel $25 per rental unit any hazardous product or matatal at said residence, tilereeeipt or delivery of goods at said rcgoEmcc of an amount or Crcinency which is at} plcal for a ablate family residence or the Pawnbroker; precool, metal and secondhand playerty sales dealers meeting of vender la[iwts, arsfime s. AcomPhlorcccertificafeis not intended tomIrlate the f rational m business soitifies of tile business n or onrcsidential Ilse, fill( is intended to Restaurnnts businesses ecrcing prepared food: enable the Village to compile a complete database and current contact information for the 0 - I,000 square feet $100 owners and tenants of ill] properties and premises in the Village where business or other 1,001 - 2,500 square feet $150 non-residential uses are coadneted; verify that all such properties and premises are in 2,501- 5,000 square feet $200 compliance with zoning resuirements and that the nn mat use has not changed or g' 5,001 - 10.000 square feet 5250 inteusffied tnthont Village knowledge and apptmal; and verify that all owners ofpmperty 10,001 -20,000 square feet $350 orprend es where business or no, residential uses are conducted and operators of such 20,001 - 10.000 square feet - $400 business and other on- residential uses are in compliance wifh all Village Codes and Over 30.000 square feel $500 _ regila ouc and are cartetrt in bislher obligations owed to the Village. Solid waste collector- private $250 B. Unless or11 e,zvise specifi cally exempted by this Cod e, no owner of any premise or pr opiate shall permit, and no person shall conduct, engage ter, mainmin, operate, entry on, or manage 18 19 any business subject to the regulations set forth is Title 4 Article A without first ohnining, in addition to a cotnplionce certificate, a husiness license. The husiness license is intended to enable the Village to ensure that the business operations are in compliance with all applicable local, state and federal regulations. 4-4-2: APPLICATION: Applications for a compliance certificate and husiness licenses shall be made in writing to the Finance Director' -fici ureS on forms approved by the I innnce llirecYn treasurer. 11 be considered Ind processed the application shall lie, signs(] by the applicant and Shall mintain all inforcludiel all" records' as ma} be requested by the Finance DirectodTreasnrer, and be accompanied oil the fee required by Title 4, Chapter3 of this Code. 4-4 -3: INVESTIGATIONS AND INSPECTIONS: A. The Building Cmnmissione, or Fiedler designee is authorized to make or cause to tie made such FS estigations msd'or inspections regarding any compliance certificate or business license which relate to compliance with the Village `s building Codes and unified development Codes, the care and handling Of died, the no evention of nuisances, the spread ofdkease, and the protection orthe health of the public and other related regnlafions_ The Fire Marshall or his/lar designee is Ionic, axed to make or cause to be made such investigafiorw and /or inspections which relate to compliance with the Village's fire prevention and life safety Codes and related regulations All other inspections and 101 estinau ns shall be made by the officer, m llbov Q, or agent designated by the Village Adminnsoator. D The owner or lessor of arty propertym premise and /or the business owner, or person in charge of say business at any property or In cause -here to the Villages reasonable belief, nrSiSa,qS Or niggesidonid a bray is condketed shall op on r rcasonabl notice. allow zny authorized Village reine enhhve admmtanee Slid iorncce s to the property or premise to nuke Such Inspection it an) reasonable time and shall filly cooperate ichl) Stich inspection and /or investigation. C. Whenever an ana l ysk of any commodity orm ateri a l is reasonahIV necessary for the issuance of a eompbancc certificate or business Iicensq or to assure compliance with the provisions of any ordinance or regulation of the Village or to detect Violation thereof it shall be the duty of the owner on lessor of any property or premise and/or' the business owns, or person in charge of any business at any pmperty or premise to give to any anthorized Village representative sufficient samples Of Stich matenal er commodity. D. In addition to any other .1pplicable penalty, the Village may deny or delay the issuance of a (verpliance certificate orhnsiness licen c, and the Ville e's Ad'udication Ilearin g J g Officer may suspend or revoke a compliance c.elodi -ate or business Iicense if the owner or lessor of airy property or premise and/or the bnvn Sumner, sir person in charge of any husiness at any property or premise refuses to permit any inspection or to provide an adequate sample ofa cornmodih -or raidel ill or fails to cooperate with Ornntcrferes with such inspection, sampfinp, or testing as rectum ed to his Title 20 4-4.4: DENIAL; NONRENEWAL: An application fora enmpliance certificate or business license shall be denied, and a compliance certificate OF businccs license shall not be renewed if. A, The applicant pro, ides false or incomplete interniatiml on an appliwtioq B. The applicant has not paid all applicable application or renew al fees. C. The subject property or premise is Oct in compliance rd l h bill l ding or l if sshevCedes; D. the operation of the business or use at its specified location is in I palatial, of the Village's zoiung ordinances and regulations; E_ 'file use has changed or bornsiflod witbout Village knowledge gulf affirm al; E An owner or lessor of the property or premise and/or the business owner, or person in charge Of the business at any property or premise has not complied with all Village Codes and tegtdation OF Fos not paid any financial ohligation roved to the Village; G. The operation of the business or use recalls fit n nuisance: ;or IL The oyeation of the business or Ilse is not in compliance with the applicahle regulations of this Code. 1. 1 h applicant is a copartnership, unless all office memhers of Such copartnership shall he qualified to obtain the certificate or a license. 1. The applicant is I, corpoatiom, if any officer, manager or director thereof, or any stockholder 01 StOOkluilifisis owning directly OF brnefieialty ill the aggregate more than five percent (5%) of the clock of such corporation, wont Id not be eligible to recen c the certificate license hereunder he reason_ K. The applicant does not own the premises for which a license is sought or does not have a lease thereon for rite full period for which the license is issued. 4-4-5: LOCAPION: No compliance certificate or husiness liecnseshall be construed to permit tht c perab"n of a polab red br coos,. in more the l one Incation in the Village. A separate compliance certificate and If applicable, business bcense shell be required for eadr lOCai]On. A compliance certificate or husiness license cony not be transferred to a different locntinn. 4-4-6- TERM, EXPIRATION RENEWAL: Each compliance certificate and busines license shall indicate its term on its face No compliance cerlificate orhnsiness license shall be granted for a period longer than one (I) year. Caless otherwise provided by 21 ordinance all normal Irnewals shall commence nn Jmumry 1 and shall expire on Derembei11, unless sooner revoked or terminated according to law. 4 -7: POSTING, DESTRUCTION, REMOVAL: A. the bolder of a compliance certificate or business l ieell, shall display it at all times in prominent place at the subject premise. B. No person shalt destroy, obliterate, take, or remove any compliance certificate m bnsine<s license except el en inch compliance certificate tit business license has expired, been discontinued, or terminated, Any authorized Village rent crentatii -e mny refuel, ea compliance certificate or business license that has expired or ]Air been terminated o' revoked. 448: COMPLIANCE CERTIFICATES /CERTIFICATES NOT ASSIGNABLE; UNLAWFUL USE: A. No Compliance octificate or hu,rincss license may he assigned, sold, loaned, clustered, used as collateral or otherwise encumbered. B. No person shall use ordoplry fail emnpliance certificate or business license improperly acquired. C. A compliance certificate or businesv h iecoe shall not constihrte property. nor shall it be subject to attachment, garnishment, or execution, nor shall it be assignahlc alienable or transferable or subject to being encumbered or hypothecated. A compliance certificate or business license shall cease upon the dissolution, bankruptcy or death of the certificate holder or licensee except an executor or administrator of the estate of any deceased certificate holder or licensee and the prince of any insolvent or hankrmt certificate holder or licensee Tiny conthme the business tinder order of the appropriate coot Turin the espiralion Of the Covent feral of the mmpffulcc certificate or business license. 4 -4-9: SUSPENSION AND REVOCATION: A. Summary Suspension of Business Operation. When the modnet or operation of Tall husiness or use of rare property or premise shall constitute an imminent danger to lie public health, safety or general welfare, the Building Conimissimner shall be authorized to immediately and snmma+ify order the cessation of business or use, the clncing of the prom isc and the suspension of any compliance cerfif cate or business license for an initial period as necessary to protect the public health, safety or general welfare from imminent harm, not to exceed fifteen (15) business days. Upon tlieissurrceoftile poke, the Building Commissioner abaft servenatice of the snntmary miler by one offhe methods set forth in sections 145A 1,2,3,5 m 6 of this Code Within 7 burn. e.ss days alter service of the summm y order, the Village m' owner of the premise or certificate holder or licensee may, by 22 written notice to the Building Commissioner and all certificate holders, licensees and property omnew to be wrr'ed by one of the methods set forth in sections 1 -4-SA 1,2,375 or 6 of this Code request a hearing before the Village's Adjudication Hearing Officer for the purpose of determining whether to rescind or modify lire Building Commissioner's order, and /or whether the compliance certificate or Foxiness license should he enspended for an additional period of time or revoked. The hearing shall be scheduled within ten business days of the service of such request, unless the parties agree otherwise. B. Sus'p =nsion and(yr Revocation of Compliance ceithwang or License Cmnpliance certificates grid business ncensc mny, unless otherwise on be suspended for up to 30 days orrav( ial b)'thc Village s Adj ridteation Hearing Officer for any of the following causes: a The applicant, certificate holder or licensee has provided false or incomplete information on any application, tax retool, or report to the Village; h The subject property or premise is not in compliance with building or life safety Codes; C, 'I lie operation of file business or use at its specified Iocidenn is in Violation of the Village's zoning ordinances and regulations d. The use h as ch in fled or intensified wi I bout Tillage knowledge and approral; e. Anowmeror lessor of the property orpornisc indtor the owner of the certificate holder or licensee, or person in charge ofthe certificate holder orHcensee has violded any Village Codes and regulation relating to the compliance certificate, business license or the subject property or premise: f Anoeoon-in lessor ofthe propertyorpremise and /or the ownerofthc certificate holder or licence, or person in change of the certificate holder or licensee has been convicted of an, felony or of a misdemeanor when such conviction calls into question the owner's or operator's compliance or ability to comply with V it Inge, state or federal laws or regulations relating to the compliance certificate or business lioense, or the subject property or premise; An owner or Lessor of the property or premise and /or the owner of the certificate holder or licensee or person in charge of the certificate holder or licensee has not paid a financial obligation owed to the Village; -the operation of the business or use results in n nuisance; of L Jhe operation of the business or use is not in compliance with all applicable regulations. j. An owner or lessor of the property or premise and /or the owner of the certificate holder or licensee, or person in charge of the certPftcate holder or licensee has refined to permit an inspection or sampling or any interference with a duly authorized Vilinge officer or employee while in the performance of his duties. 23 C. Procedures for S_usensl nil 2T ReCOCaftotl5 SECT ION' L the 45 -1: Applicability notice proeeduics a hearing for aaatspct lion or revocation ofa crnnphi nave 4 -5 -2. Compliance voifin Oir inanons and Statutes certificate or be enee shnII be the sume as tine not CC Pro (tell for citations as sot 4 -5 -3. ISuisanccs Prohibited tooth to T itle I Chapter4 of this Code 4 -5 -4: Maintenance or Abutting Sidewalk Parkway 2. At the hearing, all parties shall be permitted counsel and shall have the right w 4 -5 -5: 4 and Safety and Sanitation submit esidcnce and crass - examine witnesses. -5 -6' Gambling 4-5 -7: Weights and Measures. Regulations 3. Ttte Village s Adjudication Hearing Officer shall render the decision withina 4-5 -3: Cots tinier roteefiml reasonable timeafler the cedCCjral of the. hearing. The dcdsion shall bean 4 -5 -9: Handbills writing end state the reasons For the decision. 4. Such inspection of revocation ifordered, shall not preclude proseclu tea and imposition of an v other penahms pro, i d ed for the 1101 Ili on of other Tipp l ienbtc admances ofIhe Village. 5. Tlie owner ofthe premise and the owner or operator of the hnsiness or use whole compliance certificate is suspended or revoked shall bejointly and severally liable to file Village for the costs of the hearing, as determined by the Finance DirecmdTreasurer including, but not limited to, con, reporter- fees, the costs of hnnscripis or records, a"anevs' fees, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the Village, and shall pay said costs to the Village within filbo (10) da}'s of nolification of tile costs. Failure to pay said costs within thirty (30) days of notification is a violation of this section and may. in Inhibitor to all other penalties be anise for flirt tier suspension or rev0crinn, or the levy of additional fines 4 -4 -10: APPEAL: Any Perron aggrieved by a decision regard the denial of an application fora compliance cia itficare, or in Conn ection vnth the suspension or revocati on o f a coin pl i an ee Celli fixate, or the Of rising oC an establish or ant danger oil s to the pub l in. as provided in this Title, shall have the right to appeal to file Village Administrator Such appeal shall be taken by filing with the Village A dill it 1911 noun, within ten (10) dove aft er the notice of said decision, e written sisbment under oath setting forth specifically the grmrvds for appeal.'Tha Village Acim imerator shall thereupon set the time acrd place fora hearing on such appeal, and notice of such hearing shall be given to the appealing parly. The review of the Village Ad ninisbabe hall lie based solely ant the record Of tile proceeding. The decision of the Village Administrator shall he final subyeetto applicable IT dill in i shatlrc revie¢ puranmltto Whiriia low. 4-4-11 PENALTY. ENFORCEMENT_ In addition to any other remedy provided form this Title, role person found in violation of ant pmt isinns o1 this Title shall be Subject to a fine in accords nce with Title I, Chapter 4 ofthis Code for each offense. CHAPTER 5 REGULATIONS PER'T'AINING To ALL BUSINESSES 24 4 -5 -1: APPS IC ABILITY`, [ "less the Villages right to so regulate is expressly pmhibieed by state or federal law, the orauhnious in this chapter shall apply to all bosincsses and non-ic it niat ivies within the Village. 4-5 -2: COMPLIANCE WPIH ORDINANCES AND STATUTES: Every owner or lasso of avy property or premise mid Beery business osmer, or person in charge of any business at any property m' premise or non residcninn use in the Village shall comply with ail Village zoning, building, fire and health Codes, and ordinances, as well as all other applicable laws_ ordinances, roles, and regulations. 4 -5 -3: NUISANCES PROHIBITED: No business nr non - residential use shall be so conducted or operated as to constitute a mlisance in face and no building vehicle, structure, yard, lot, prcmi?es, or part thereof, shalt be used, kept, maintained, or operated in connection with any lusiness or establishment so as to occasion any nuisance, orso as to be, dangerous to life or dehimental to henhh. Any charge (if conducting or (incising a nuisance m:ry be made under tlok Bile or under the provisions of any other Village ordinance prohibiting nuisances. 4-5-4: MAINTENANCE OF ABUT "TEN G SI BE 81 ALK AND PARKWAY: It is the dory of every owner or lessor of any property or premise and every business ow tie] or person in Charge of any business at any property or prernise or non residential use abutting a public way to maintain that portico of thepubiicwayrbmting said property or premise in a ,safe, clean and sightly condition. indnding lcithont limitation to cut the grass, to remove snow and ice from the public sidewalk, to eliminate heeds, and to maintain Ind trim rill trees sod ohnrhs, planted and to be planted, and to remove paper, mbhish and refuse Any person who violates tine section. shall in addition to any other penalty, I eimhorse the Village for any expense incurred by the Village as a resultof. aid violation including tt e Village `s costs to in mninleiu the public nay, Any person liable hereunder for payment of the foregning expense to the Village, shall pay the full amount of said charge within ten (10) days after the notice of the charge line been mniled or delivered to or posted at theproperty. Failure to pay the charge within the tine specified shall thereafter suhyect the violator to a penalty of nine percent (9 %) per annum of the unpaid amount of said delintinent 25 charge, o i l wenty -five dollars ($25.00) wITD bcver is greater, which shall be added to the delinquent charge. 4 -5 -5: SAFETY AND SAMUATION: It shall be the duty of the ownernr lessor of any Property or premise and the mr mevs owner. or person in charge of vry bnsinccs at any property or premise or non residential use in the Village to' A. Keep all pomesty premises and shvchues, utilized, ennstnreted, or maintained in connection with any 6nsincss or non - residential use in good repair, free of litter and debris and in a safe and sanitary condition; B_ Take all steps necessary so Iled no subslunce, coal Icr, or thin, of any kind whalevcr which shall be dangerous or detrimental to health shall be allowed to exist in connection with any business or occupation or be used in mr% romk or labor performed in the Village. C. Remove all refuse produced from the property or premise as often necessary to prevent nuisances Rom odoq venniq and /or litter, or on a weekly basis, whichever occurs first; E. Keep the premise, building find propertyof all business and non-residential usca in a clean condition, free from the ef9uvin of o sewer, draif, privy, stable, or other nuisance: also as far as practicable, such premises shall be free from all gases, vapors, dust, or other impurities generated by manufacturing processes or otherwise which inc injurious In health. F. Provide adequate sccenty personnel if laid as deemed neccss r% by the Chief of Police to maintain order and to protect the public. 4 -5 -6: GAMBLING: Except as specifiwllyandruj7,ed by Village, State or Federal law or regulation, no gambling raffle, lottery, or'chinee gilt, disti knuinn ofmoncg or articles of value shall be permitted on any business premise. 45 -7: At EIGHTS AND MEASURES, REGULATIONS: It shall he imNw hit for any person to use a commercial weighing of measming device. or to weogh and measure commodities in package form in violation of the standards of the State of Illinois asset forth in the Illinois vvch hfs and ➢4easures Act and the Current roles and regulations relating to the enforcement of the, Illinois Weights and Measures Act, to are im(Dorporated by reference into this Title and made a part hereof. 45 -8: CONSUMER PROTECTION: A business owner, or person in charge of business at any property Orpremi,CC of residential ore ill the Village shall refrain frmn all deceptive trade practices is defined by state or federal law or Tclink Lion and shot) comply with all applicable laws and regulations regarding consumer protection and deceptive Trade practices. 45 -9: HANDBILLS: No person shall distribute indiscriminately to the public any cards, circulars, handbills„ samples of merchandise or any ado erdsing matte whatsoever on any public street or sidewalk or other public place in the Village, or place any cards, circulars. handbills, samples of merchandise or any advertising matter on env vehicle on primate Property without the perinissin r of the owner or tenant of the property. This section shall not be construed to prohibit canvassing or the peddling or sale of any article or publication that may carry or be accompanied by advertising matter where a charge or a price is paid for such article or publication. CHAPTER 6 REGULAI IONS PERTAINING TO SPECIFIC BUSINESSES SECTION: 4-6 -1: Compliance with General Remilations 46 -I: COMPLIANCE WITH GENERAL REGULATIONS. Unless specifically exempted by this Code, or applimMc state or federal regulations, every property owner, business ow Tier Ind Operator of a business rcguEled in this Chapter shall also comply with all appficable, regulations in Chapters I through 5 of this Title. The regnilations of this Chapter ate intended to supplement not replace tire other applicable ree nations of this I itic. CHAP TER6 AR'FJCLF,A. CARNIVALS AND CIRCUSES SECTION 4 -6A -1: Construction 4 -6A -2: Definition — Other Terms 4 -6A -3: License Application 4 -6A-4: Application Fee 4 -6A -5: Food Dispensing Facilities 4 -6A -6: Carnival Workers 4 -6A -7: Indemnification and Insnr<nrce 46A -8: Restoration; Bond 4 -6A -9: Inspections 46A -10: Parade Permit 4- 6A -11r Traffic Control and Security 46A -12: Conditions of Licausc 4- 6A -13: Premises Requolincnts 26 ?7 4- 6A -14: Prnhibited Concessions and Prac6ccs 4-6A- 15: Denial. SuQpenssion and Revocation ofhicenses' Appeal 4 -6A -1t, CONSTRUCIION: This article shall be liberally crivinued, to the end that the health, safety, and welfare of the people of the V illagc ofMorton Clove and people who attend carrvcals within the Village ofMorton Grove shall be protected. Nothing in this It, shall be construed to supersede the l aos s or regulations of the State of Illinois regarding carnivals or camrvel workers except to the extent allowed by the Illinois constitution. Where the regal atioos in this article are mote restrictive than those in such state laws or rcgttlefi"ns, the Iognimfions in this article shall be control I ing. Except in those instances where state n ocs have boon preempted by this article, enforcement of such state laws and this srlicle shall be concurrent (Ord 06 -21, 6 -12 -2006) 4 -6A -2: DEFINITION- OTHER 'I ERbiS: 'Phis chapter hereby incorporates b} icerenee the definitions "fall words defined in rile Iflo ok Carnival Act to the those words are not defined in till title; and to the extent the definitions in the Illinois Camn al Act are different, but not inconsistent with the definitions provided in this article, the the fill itions in the Illinois Carnival Act are Fetidly incorporated to angmcnt the definitions to provided in this article. 4 -6A -3: LICENSE APPLICATIONS: Applications for a carnival heenscshall he made to the Village Administrator nn more than three hundred ,izry -five (365) and on lus than ninety (90) days before the date of the carnival. Applications shall be in such form as the V illagc Admimstrator may require; in accordance with the pi om'sions of this article and shall request the following: A The applicant's Rill name (last, first and middle name), date of birth, permanent address, social secnn y number and phone number or ifthe npplicaet is a corporation, or organization, the corporation's or organization's aline, ad (It state of incoty For and the full none date of birth, permanent add] esq social security nnmher end phone number of ail owners and officers of tine eo]porarion or organization; 13. The full none ( List, first and middle time), date ofhildc permanent address, social security number and phone number of any person mho owns any part of file cal lin al or if any owner is a corporation or organization, the corpomtiou's or organization's name, address, state of incorporation and the Cu11 Warne, (laic of birth, p an"ricnt address. social security another and phone number of all Dormers and officers Cribs corporation o organization; C. The full name (last. first and middle name), date ofbirth, addles s, teJ ephone number ofall carnival workers along with identification of the pnnci ulnr c sucoasion(s), amusement ride (s), ga v ne(s), shoo (s) or eenits) for which that p v,son shall set up .palate, laminae or attend and a description of that Persons respoa s to ftI es; D. A complete list of games, rides, concessions aid attractions including the description of Inc kind and class of all odes niongrvith a sfatctnent is to any incidents about'nicoe chic n -as 28 injured on an} 'ride in the last sixty (6() months, including, but not limited to, reports which are required b) the adman e regniah "ns pertaining to the Illinois Carnival Act to he filed with the state and inch dirt" a docnlhon of the incident, the extent of the injuries, the cause of flee incident, and what actions were taken is a result of the Incident E, Ilse site orlocation at which the applicant desires to hold said carnival, circus or circus parade; F. Iile dand) opening and closing flares; G+- fitoanation as to the sanitary facilities including the nnmherand location of such facilities; H. lmfanmation as to the location and acieguacy of potable water sappk, I. Information as to parking, "'cloning the "U nher of parking spaces availahle and the location; I. lefo oration as to anticipated emwds, and rood and taffie control needs; K. f1donnation is to housing a[r.]ngements for the workers: L. A certificate ofins'rance as required parsnant to this article; M. An agreement to n deotnrfv and hold the Village of Mellon Grove h'rri less from any and all claims, liabilities Land losses including reasonable inern -y fees arising out of or in connection with granting a license to lire applicant or Inc operation of the samosa]: N. Any other infntion1ion the Village Adrni liquor r andsoc Chief ofPolice shall, from time -to- time, determine n^cessary orfi en making n determination its to chethci the application shall be granted. (Ord. 06 -21, 6 -12 -2006) 4 -6A -4: APPLICATION FEE: The applieation shall be accompanied by all required license fees and deposits, the license fee for a carrdoal shall ba pursuant to Chaplet 3 of this Title except doe license Pee for local not for Hoff reunions or douifable instinnions . societies or orgamzati<na grammar, Junior high and high ,schools located within the Village, or units of government may be waived in the discretion of the Village Administrator, (Ord. 06 -21, 6- 12 -2006) 4 -6A-5 FOOD DISPENSING FACILITIES: No ereon shall operate ouIcs and a focd dispensmn tacit it}' wl!hoot conforming to this Code end all odes and regulations pr. nurlanted L - the board of hc:dth. A licensee under this article need not obtain an additional food dispense] s license fram] file Village_ (Ord. 06-2 t, 6 -12 -2006) 2.9 4-6A -6: CARNIVALMORKERS: It shall fainthwfril for a licensee, camiaal owneror amusement wic' mnivol opeiatcr to knowingly employ a carnival worker, orfor a carnival worker to he employed by or work xt a carnival within the Village unless the canival worker: A Is at least eighteen (IS) year's of age; B. Does not have any current wants or warrants against biro or her, C. Iias not been coal cted of auy sexual crime or sex offense as defined to the criminal Code of 1961 and/or is not a registered sex offender, D. Agrees in submit his at her 6iugerpt this at the request and trader the direction of file Chief of Police or his/her designee, so that his/her fmlo'Tia ms can be checked against fire fingerprint records now and hereafier filed in the department of state police criminal history records databases aodsoi the federal tin ions ofinvestigation criminal history records databases; E. Prominently displays too all limes lie she is on file eamivat premises a photo identification card provided or approved by the Village which shall include the employee's full name, and the name of file employer, and pays any coal required by the Village for said identification card; F. Agrees to wear a standard munsancnt ridel recall at operator's uniform which identifies the individual as a carnival worker, if required by the car rho owner; -12 -2006) Q. Is ]ill fully able if' work in lllinois and, if not a tinned States airmen, be currently Pat nuflud to work by the U.S. citizenship and immigration services; and -12 -2006) H. Is trained on the functions, procedures mid safety requirements of ever) ' amusement ride and attraction that he /she operates- (Ord. 06 -21, 6 -12 -2006) 4 -6A -1: INDEMNIFICATION AND INSURANCE: A. As acondition (if any license issued pursuant to this mode, the applicant, owner, licensee, amusement ridelcatnfcol operator or-nsanager of the carnival, or any of its tides, concessions or attractions shall to the forest extent permitted by lam defend, indemnify unit bold Intruders the Village of station Grove, its officials, agents and employees and volunteers, against all injuries, death,, loss, damn cis, claims, snits, liabilities,judgments, attorney fees, cost and expenses, which only accrue against the Village, its of$cpdsg agents and employees and volunteers, ansmg m whole or fit fell or to consequence of the comival or the grant of any license e purroani to thez article or fill any reason other than the negligent or wrongful conduct of the Village, its agents or employees. Any bond or insurance policies required by this article shall in no way ]unit the responsibility of the applicant, owner, licensee, amusement tidc/canrival operator or manager as provided in this section. B- The apphcanl licensee shall also furnish the Village Adminisnatorwith a certificate of insurance of a general liability insurance policy, insured by an insurance company licensed 30 to write such insurance in the stale with a B+ or better rating from AM Best with the following [lot iI s, whichever is greater I. General liability limits of it Ieast one million dollars (S 1,000,000. off), out oar obit"at Least one million dollars it 1,rdo,000.o0), workers' compensation rritb the employer's liability at least one million dollars ($ I,o0Q0o0. 00), and an umbrella policy of at least five million dollars (,i5,000 mantra); or ? In such amounts which satisfy the minimum requirements of the lllinois Carnival Act, mmllnigthe Village as an addilional insured to protect file Village from all claims for loss, damage or injury by the applicant or others wbich may arise out of or in connection with rho carnival, including its rides and attractions- (Ord. 06-1 1, 6-12 -2006) ¢6A -8: RFSTORAT'ION: BOND: A. immediately vpon the conclusion Of tile comical Or Plante, the licensee stool permittee shall restore the pi emises to tile same condition as the premise< existed prior to the operation Of the carnival or parade- including, but not limited to, removal of all facilities and equipment related to the earin et or Parade, and any parts thereof, trash, garbage and miscellaneous debris. B. As a condition of any Itecit.e Orpernif issued joinuantto This article, the licensee or 1 ermttce shall deposit with the office of finance director /ireasirera money depositor slrrety hand sn ith a reputable licensed surety company in the amount of do e thousand dollars ($5,000.00) to defruythe expense of the necessary cleanup, janitorial work, and scavenger services that may he directly attributable to such carnival ampor pntade If the Village has to clean up, or has any other expense in connection with file comical and /or parade, doe cost thereof shall be deducled from the money deposit and the remaining hatnuea, if rang shalt be refunded within thirty (30) days of the eamival or parade_ Ilie licensee and /or pennities shall, upon demand. pay for ours cleanup expenses in excess of tile deposited amount and shalt snake naamnnf Of she]) amount upon demand. C. Carnivalssponsored by the Village of Morton Grove or the Morton Grove Padc I strict as part of a community eventsha11 be excmpt Irani the requirements of this section (Ord. oil_ 21, 6 -12 -2006) 4 -6A -9: INSPECTIONS: A. As o condition of the license, the owner, licensee emu, menf nde'carrin al operator or momger of camnal shall dials the bidding Commissioner. health officer, Chief of Police and fire chief, or their respective duly mphonzed reprewninir as, access to the premises, grounds, rides, hooths, food stands, attractions, ennceswai, and equipment used for or in connection with the operation of the canival at any reasonable time in at clear said person In mvestigotc and approve the location or the lit emises where tine canival will lake place and to determine whether the carnival or any part thereof, or all carnival workers are ill compliance with this article and all state laws and regulations retch lgto carnivals and carnival workers. 31 S- If the carnival or any part thereof, inc furling its parades, rides, games, attractions. concc¢i0m, or equipment is 7101 approved, or if the comical or goy of its saloon I workers are determined to be not in complifince ififil this article or any seat e law or regulation relating to Carnivals and carnival woukors, the building commissir ner, health officer, Chief of Pollee and fine chief, or their respective duly authorized representative may order the carnival or the unapinnved part thereof closed to the public until any coal ed corrective action is taken and approval is given. Any order to close the entire carnival shad be subject to the notice and appeal provisinri of Section 4 -6A -14 of this Chapter. C The licensee shell be respoasihle for any inspection fees and costs which are incurred as a result of inspections carried on by entities other than the Village_ D. The licensee or his appointed manager shall keep records its specified below open for inspection during the hours the cnnri vat is open for business IIle records shall be available at the site of the licensed Opel mf oll t fi on request, a copy of the I Cenrds shall be provided to the Chief of Police and for the fire chief and /or Iheir respective duly 1111 hod7cd representatives. The records are to be updated daily. Tire records shall curtain' I. The full name (last, first and middle initial), dote of birth and addmss of the owuer- manager and amusement rideJCamii al operator of each ride, show, attraeHon and concessinn; 11 lie fill name (last, first and middle name), date of birth, address, telephone numher of all carnival workers along with identification fine particular enncession(s), amusement air c(s), game(s), show(s) or events) for which that person shall set up, operate, manage or attend, and a description of that person `s responsibilities; 3. The recording by the owner in his appointed represcntnfive of his personal inspection at least once every four (4) hours the cat trial is open to the public, of each ride certifying the Safety of each ride, ronaCline or eoneasvion comp Iics with this article; and 4. Any and al I documentation which is required to be kept pursuemt to the Illinois Carnival Act or ire ado in Tetra tire regulations Pcrtuming to the Il linois ('arms al Act. (Ord. 06.21, 6- 12 -2006) 4-6A 10: PARADE PERlcjff: No person shall conduct any carnival parade on any public street they or other public way or place in the Villagc, unless the person has received a carnival license and k in comp mules witb all prmrsions of this article and has oMained a parade permit from the Village Administrator. Such permit shall specify the route to be follov'ed. 'Tile fee for a carnival parade permit shell be two hundred PHI dollar, (,$250,00) and Poe cost of necessary special police and fire protection, as detmnined by the Village Administrator at the tune the pernit is approved_ Ciann al parades sponsored by the Village of Molten Grose or the idm'ton UmyePark District is part of a community event shall be excmpi from the requirements of this. section. (Ord, 06- 21.6 -12 -2006) 4- 6A -11: TRAFFIC CONTROL AND SECURITY ' The Morton Glove ChiefofPolice may require and de igron- additional police officers of sorriby m aids to keep conaoL of Carnival all call ces. end /or traffic resulting front the carnival or to ensure public safety in and about the area of the location of the carnival; and the licensee shall pop whatever costs are Incurred for said additional police officers or security gnmds. (Ord. 06 -21, 6 -12 -2006) 4- 6A -12: CONDITIONS OF LICENSE: A. Compliance: All candoals, amusement rides'nd amusement airaelions shall molds in all respects with the Illinois Carnival Act and all of ire administrative regulations pertaining to the Illinois Camnat Act including, but not limited to, the regulations regarding ode design and construction, insurance, assembly and disassanhly, amnsetnenl ride /carnia -ai operator requirements .Jgnal scstearc daily inspections and tests, reports, maintenance, iolemal eomhustion engines, means of access and egress, electrical egoilane-nf, hydraulic systems air compressors and equipmt , en B. Hours of Operation: Any carnival licensed to operaic in file Village shall not remain in Operatiou at any one location for a period exceeding four (4) consecutive days, nor shall any carnival be located at any one location mote than three (3) limes during one calendar vear. Camit'als shall not open for hnsiness prior to eleven o'clock (11:00) A.M. and shall not remain open lifer chair eleven o'clock 11 I:l)t) F.M. The hours ofoperafion shall be mns are Sold. posted at every hunch or concession stand where nonrefim olfic tickets for rides are sold. C, Fin ergency Telephone Nnmhot s posted: 'Ihe licensee shall post fire telephone numbers of the police department, fire del ailment and nmbniance service in at least four (4) consptciwis locafions out the grounds where a carnival is held. In additinn. if a first aid falcon is nonilable rah or near the grounds, directions to the station Rill be posted with the emergency telephnne nnmbcas. D_ Number of Rides find Concessions- No carnival shall have mnre thin sixteen (16) rides of any type, our shall there be more than twenty (20) additional games of skill in the Village at any one time. E. Sanitation Facilities: The licensee shall provide on the premises Of tile carnival site not less than four (4) bidets (2 for hassles and 2 for males) nr such number deemed necessary by the building commissioner, based (In fit- anticipated attendance it shall he file re1oafbility of the licensee to mamtam operable agitation (lm let) facililies and to ensure such facililies are Cleaned, sanhiscd and anptied on a daily,- hasis, onnole itcip iy if needed F. Responsible Person The licen ec ]111 11 provide the Village s Ch the name and tclepltone number of person who is asmlohie and amthcrizul to make dccisinns on heh ilfof the liecnsce at all hours of tie day or night while ire ca¢uva] or any part thereof is located within the Village. (Ord. 06 -21, 6.12 -2006) 32 33 4 -6A -I I PREMISES REQUIREMENTS: A. Operations: No person shall nperete or permit the operation of any canonical licensed in this article unless the premises in which such camival is operated or permitted to be operated conforms with all prosisione or taken rein cnts in this Code relating to public buildings and public gatherings, lighting of Crum at Area The area around and between tents, facilities, and rob ilmmnt of any amusement activity shall be w *oft lighted at all tunes dsrdng the operation of the carnival or any part thereof'. The building deparirnent shall require the licensee to provide an emergency hghling system to provide adcgnate lighting for orderly evil, uatlnn in event of a diiaster of em rgency. I he rpactition of any carrier at at any time when such requirements are not being fully met is prohibited. (Ord. 06 -21, 6 -12 -2006) 4- 6A -14: PROMBI'IED CONCESSIONS AND PRACTICES: A. Cheating: No person shall chos t- shortchnnge, or otherwise defraud an} Pelson attending or about to attend a camival or circus located within the Village. B. Fixed Games: No person shall own or operate any game that has been designed or modified in a way to diminish the chance of a patron to win the gamc or prize for playing_ C. Points Accumulation: No pennon shall own or operate it game of skill or chance in which the player pays money or other consideration having value ill r-ehun for the opportunity to make one or successive anempts to chtain points by the use of dice, darts- marbles or other implements, where such points are accumulated in suck es, iwc gsmes by the player Ina and a total number of pomta required for the pl oycr to win a price or other consideration of value, and the total another of points needed to ruin are robin mi ly detemrincd by the amusement ride/camival operator or owner of the game. D. Gorubling Device: No person shall operate or ollom the operation of lay gmnhling device, lottery, number orpiddle wheel, number board, punehbo;ud or other similar game of chance at a carnival licensed in the Village, E. Indecent Display: No person shall set up for display or allow the following to be displayed at a camival licensed in the Village: any posisr, photograph, drawing or other tram visible to the general public that may be indecent, lewd or lascivious in nature F. Rule Posting: No person shall operate or allow the operation of any game unless the roles perteirdng to the pls}dng of the game or the price to participate in playing any game is posted in it conspicuous locati on near the gunc in question visible to patrons of the gene, G- Sbills And Later: It shall he un kcv hit for any person, or for: any owner 01 amusement ride/camn-al operator of a game, to allow any person to pose is a Parton of the game to us a winner of a prize so as to lure others to prrticipnte ill ant game or concession; kind it shall be unlawful to offer money or other items of value as n lure to pia) ' u garlic or Concession, 34 ti Fond Line: No person shall operate or allow the opeertion of any game or concession Witting afoul line to 1 unit a players activity while playing the game retest the fool line and the rules pertaining to its rise are explained ro theperson before the game s far Is, I. fel rchonit iso Drapiny: No per shall operate or allow the operation of ally game or concession where merchandise or mixes that cannot be won by a player are displayed at that game or concession. Authority 7b Shat Down The Chief of Police or his/her designee in or, immediately shut down 2ny game or concession if he/she determines that any craefe t set forth in subsections A through I of this section has or is likely to occur. Said game or concession xhall not reopen without the approval of the Chief of police or lusher designer. (Ord_ O6-21, 6 -12- 2006) 4-6A -15: DENIAL, SUSPENSION OR REVOCATION OF LICENSES; APPEAL: A_ 'Tire Village Administrator or ]its / her designee shall have the discretion to giant or deny any application submitted trader this article, or suspend or retake any license granted underihis article, for good cause shownwhidr includes, without limitation, the following: I . The carnival, its rides and nnmcholm or parts thereof is or is likely to be obscene, nnsnfe illegal, dangerous, a Nerd on the general public; , 2. The applicant coin tit Iis Band orhas made any inisrepres car all nil or fill se =tatenrcnt in the license application; 3 1lie carnival, its rides and attractions, or parts thereof are or are likely to create traffic hazards or indoor fill noise; 4 It appears tyre person, firm or corporation so licensed, or hisIotr agents, or the pecson_s working of said comlk'al; circus or circus paradehave wtooted any of the provisions of this article, or have vi "Lit ad the provisions of any ordinance of the Village of D4ortnn Grove or statutes of the Stale of Illinois; 5. It appears the persoq fine or corporation so liccnsrd, or hin$cr agents, or any camival worker has been convicted of nay felony, or misdemeanor cvhcvc quell conviction indicates an inability to rim the safe operation of the comiwal, its rides or attractions; 6. Failure of the licensee to pay any fee, fine, penalty or charge owed to the Village; 7- A prior Fcenac of the camival, applicant, licenses, or i6 owners, managers or workers was suspended or molted, or the carnival was previously determined to be a public mrtsance or endangerment; or S. It appears the proposed or actual operation of the comiwal or part thereof will be or is such as to e:mstihrte a public nuisance or endangerment Vo the public peace, health, safety, or welfare. B. A denial, .suspension, or revocation shall he in tt2iting end shall indnde the L +ears for such decision. 35 �. No license may he sapended a] revoked until the h ensce has been goon six (6) homy' OnIlei' notice Of the anrpension or re- enctioil and an opporoluirs to he heard by the Vi l loge Admimah a l Ili, unless the conduct or opelicii on of are parr of the eamiral presents a dearor present danger to the }uh(ic hc+lOt, eft u' general elfar, or where the Village is denied access to tile carnival fin inspection purpo -s, pursr an+ to ,section 4-5A-10 which case the license maybe revoked of uspendcd nnmedratur, A notice of suspension or lot Fusion is deemed sufficient ifpmted it the site of the cal ival- Tire rnspension shall remain m an eel until the Village Admrmstralo- is satisfied the unlawful condition no lon exists or the inspection has been nine ad Whirred humficlonce, ger D- The license, within five (5) calendar days a$er the Village Adulinistnrm denies, revokes or suspen ds a hccnse under this article, lost Fairest a hearing of the Village president to review such decision Such hour ing sball he scheduled and rondncted by the Village President or his designee within five (5) Calendar is re� e days after said regncet i. -d 6y the Village pr evident A notice Of hearing shall set forth the lime and the place of the be wimiI and shall he delivered In person or sent by certified mail, rerun receipt regn' dial. to the licensee it the address on the application at least five (2) day hearing, s prior to the data of the E- the licensee shall be permitted rnunsd and shal l have the pght to submit evidence and cross examine witnesses at any hearing pnrsoanl to this section_ F. Within Five(5)working do, a of file conclusion of the hearing, the Village president shall file a written statement in which he lists the masons for his decision. V. Any suspension or relocation shall not preclude the prosecution and imposition of an}' other Penalties provided for a violation of any other applicable precision of this Code including this article. (Ord. 06 -217 6 -12 -2006) CHAT ER 6 ARTICLE 13, FENDING MACHINES, COIN OPERATED DEN ICES AND VIDEO GAMING'PFRMINALS SECTION: 4 -6B -Ir Lacugo Pcquired 4 -66 -2: Special Regulations 4 -6B -L LICENSE REQUIRED: It shall be nnlaufiil for any person is proprietor, to install, operate, nnmtaiir orpermrt the III usII Iimr, operation Orin I junclane, Of vending machine s rthont hsdna illst obtained a Bccise therefore as herein provfdcd- 36 4 -6B -2: SPECIAL REGULATIONS: A One license shall be issued for each device or machine licensed and it shall be placed in a rorrancuouls place and so affixed that it cannot be hansfen cd from we device or machine to vmmther_ B. Compliance: No license shall he issued, renewed or al lowed to so,,, ion e if the premises and primary license Of ill, applicant do not frdly conply n'ith all regulations and regniremenls of the Villago- C, Cl tintenanee: All licensed machines and deuces shall be kept and maintained in good repair and operating condition at all hums. In the B eat ofa mal renchn,13 the operator ollhe prenuses, his agents, sea ant , Or employees On the premises shall return to the user the m ors unveiled theicGn. (Ord. 91 -53, 11 -25 -1991) U. lnducetor of vFroth as specrhr illy authorized by Illinois law, it shalt be unlsicful for any Proprietor ofx vending machine to pay or give of promise to pay or give to any person using such device an nrrzency, tokeq slug or anytirin� Ofvalne 10, It conjunction rcith such der ice for free play or as IF inducement or rc¢ and fur playing such dedce. T7r is subsection shall not be deemed to prohibml lime arvaM of free use ofthe deice upon lh achievement o£ a prerletennined score or resell I il , safisfaction (ifsnclr an award of free live of the d,,, ice shall nol be oonveriod by the P3clai Nr to movec or other thing of vatne CHAPTER 6 ARIJCLEC. SHOOTING RANGES /GALLERIES; GUN CLUBS SECTION: 4 -6C -1: Building and Premises Requimmcnts 4 -6C -2: Conduct; Operational Regulations 4or 3: f3mumucat 4'60-1: BUILDING AND PRE➢IISES REQUIRENIENTS: A. Size Requirement No frccnse shall 1,issn ed for t he opernti on O f a shoot ing rangelgal Ise Or gun clnh except at premises of nfii cent size and so constructed as t firearms without danger to alit )na on b permit discharge of B. The surrounding talk Of the range€nine')'shallbaofsOlid ( tnasonn at least eight inches If") thick and shall c provided sr rib no winders benreeil the firing line and target. Fire ceiling o£said prerokes ehutfing the hrrkstop shall be provided 4Or a dl; Ienee of not Tess than hventy feet (20') with. planking fao (2) or more inches in thickness, tightlgjoined; Pool l idea that any cndosnm having high'' or equal safety factor established by scientific test shall be approved. C. Targets shall he placed before a backstop of steel , sufficiently thick to poor cot any ballet from }iercinIt it, slid chrid have a ndfichan protective d" Ise to ahsgrb or ne naliae 37 deflected or spentpeo)ectiles. 'rhe backstop shall be poi allet with firing tin Targets shall not beplaced at a higher level l ban the fir g point nor more than three feet (3')lotvcz than the firing tine The filing hue shall be level from one ffulk to the (Itter, with a minimum of tive feet (5') betwSun firing points_ D. Premises used Im shaotin galleries shall be kept in e clean and sanitary condition_ 4-6C -2 CONDUCT; OPERATIONAL. REGULATIONS: A- All per present in any shouting gallery shall conduct themselves in on in donly manner, and shall not matte or cause to be made any load or unnecessary noise. It shall be unlawful to gamble or her in ally such place B. Hours of Operation: No shooting gallery Shall be open for hnainess or used, bete een the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M_ of any day_ C. Supervisor Required:Norangcr gallon shall be at ant time operated, maintained or used unless there shall be in attendance al Inch a Hmc a liven. super: io, oho shall possess such qualifications as shall be praseribed by the Chief of Poliee- D. Regulntions provided: 'fire Chief of Police may from time to time promulgate acrd establish additional Inlet and specifications to be followed by the operators, users, and guests of the raoge'eallen. 46C -3: EQUIPMENT: Riffles used rat any rangeignlbey shall be of nit mere Than a .23 caliber and shall be rim fire type only and shall he chambered for ciflun .22 Short or 22 Icing rifle. No rifle of scmiautoannic it be shall he used. Tine bore of each rifle used upon any such licensed range shall be inspected before firing to make sure that it is free of obstruction of any kind. Any rifle or pistol used at env ai 4; licensed rifle orpislol range Shall, bet. re it is discharged, be tested with a three (3) pound trigger pull, test weight or scale No rifle of pistol shall be used which Ionic less than a three (3) pound trigger pill). CHAPTER 6 ARTICLE D- LIQUOR CONTROL SECTION: 4 -6D -1: Construction 46D -2: License Required 4-61) 3: Consumption, Possession and Storage of Alcoholic Liquors on Unlicensed Premises 4 -6D -4: Powers of1, coal Liquor Control Commissioner 46D -5: Priilege Granted by License 4 -6D-6: Termination, I ransfer of Interest; Renewal 4 -6D -7: Change of location 38 4 -6D -3: License ClCuIlifi,inhou and Fees 46D -9: License Application 4- 6D -10: Bond Required; Ain min i Conditions 4- 6D -I1: Causes for License Rejection, Suspension and or Recowtion 460 -12: Violation of State Tax Acts 4- 6D -13: Regulations for Licensees 4- 6D -14: Regulations for Licensees Operating Video Gaming T enninals on ilia Licensed Pretrtisc 4 -6D -15: Prohibited Conduct 4- 6D -16: Prohibited Conduct Printing to Minor s 4- 6D -17: Declaration of Nnisance 4-6D -18: Emergency Closing 4- 6D -19: Proceeding Before the Local Liquor Control Commissioner 4- 6D -20: violations; Penailies 46D -1: CONSTRUCTION: Tins charier shall he liberally construed, to the end that the health, Safety, and welfare of thcpeople of the Village of Morton Grove shall be protected and temperance in the consumption ofalcoholic hgums shall be lonnaed and prmnoted bq sound and Careful control and i egdatimt efhc sale (If alcoholic boater Nothing in this chapter shall be stationed to preempt the Illinois liquor control act of 1934, 235 lhinois Compiled Stalinist 5 /I -I of ser, except to the extent allmved by the Illinois constitntion, or where the regulations in this chapter are mare reshictice than those in the Liquor Control Act in e hick else Inc regulations in this chapter shall be controlling, Except in Owse instances where the Liquor Control Act has been preempted by this chapter, enforcement of Liquor Control Act and this chapter shall be concurrent. (Old. 06 -20. (-12 -2006) 46D -2 LICENSE REQUIRED: It is 01111w Poll for any person either by himself or ihr a gh an agent, or Sol person string as an ages 1, employee, barkeeper, clerk, or servant of nnothmi I to Sell, diq>ense no ot£er for_ Is al retail anyaleoholic beverage or engage in any sale of alcoholic beverage within the Village of Morton Grave IS iflu at first having obtained a license to do so as proibled in this chapter, or during any period that the license has been suspended or revoked. It shall be unlawful for any person to sell or offer for sale or engage in any Salo Of Any alcoholic her onage in violation of tile terms and conditions of license issued pursuant to this chapter.It Nludll be onlmvsul for pens. n holding o business ess licen.,e whhtn the Village of Morton Grove to loo singly allow any enstrnnerto consume alcoholic beverages on the property wbere the business license has been issued unless the premise has been licensed for the sale or consumption of alcoholic beverages. Hnch sale on a given date shell he deemed a eCparab. violation- (Orel. 06 20, 6 -12 -2006) 4 -6D -3: CON9UbiPPION, POSSESSION AND STORAGE OF ALCOHOLIC LIQUORS ON UNLICENSED PREMISES: A No person shall provide as part nor sell at retail for consumption on an unlicensed premises any nonalcoholic beverages or ice, knowing same to be intended to be mixed with or consumed with any alcoholic liquor on the Premises'_ 39 B. No person shall If uluent or patronizeanvhouse, building, store, place or premises a ln-re such person knows or has reason to believe the sale of alcoholic liquor without a lcense as required by this Chanter is "ccuring. (Ord .06 -20, 6 -12 -2006) 4 -6D -4: POWERSOPLOC ALLIQUORCON 'rROLCop9h'IISSIONER: The Village President shut be the Ideal lignor control commissioner and shall he charged with the adimmJrotinn of the epfu prime pros ninnso I the liquor control act of the here of II fill nis within Inc Village of Morton Grove, and of such prdinances and icOdIldons relating to alcoholic lignor as may be enacted by the corporate an hoRbes_ For purposes of this chapieq the local liquor control comtm stoner shall he pall cho(I consnhtle the local hq nor control comnnss3pn of the VdIll Of Motion (trove. T'lie liquor commissioner shall receive compensation as set forth in snhscction 1 -6 -413 of fine Code. The hopufa commissioner shall bare the fr llom ing powers; A. To reeeiveapplicalions and togrent, renew ordeny such licenses in aecordincenith Sue provisions (If this chapter. B. To recess c license fees and fo¢vard the SIMC forthwith to the office of tine finance ditechn oeasmer. C To nvlhnnze one orrnore deputies or agents to act on his behalf, with or mithom conrpensatten as detonnined by the mrponte nnthpnbeg fm'the poq+ose of obtaining nnv of the information desired by the liquor eonnnissioner o1 to assist the liquor commissioner in the exercise of file pmccrx and the performance of his dubs. U. To make or cause to be made by the various Village departmcnW Such investigationsasmay aid him in the performance of duties. E. To enter, or to authorize any law enforcement officer or peace officer to enter, at map time aeon any licensed premises, to eanune any Licensed premises_ In determine whether any law, order, or regulation of the Village ofMorton Grove or the local liquor control commissioner, or any federal or state law, Rile or regnlal ion with respect to aleoltolic liquor, or any liquor license, has been or is being ciolated. F. To require fingerpuints of any licensee or emplogec or agent of a licensee or nor, applicant for a liquor license or f. - a mnewal thereof To examine cr cause it) be exo nined under oath any applicant for a license or for a ones al ibm eog or any licensee upon whom notice of a violation of this chapter has been served, and to examine, or cause to be examined, the books and /or records of tiny such applicant or licensee_ G. To require the anion d love Of oitnsses an Nor the production of docrilnene and records at any hearing before him, to ndminiter or cause to he administered oaths to hear teuloony and like p roofon any tariff in the Pcrfomnance of his duties within this chapter, and for such purpose to issoe Snhpto which shall be effective in any part Of file State oflllinnis- N. Tn compel any licensee of oul-pho-not to submit to any exmnination and'or to produce any books and records which. in the judgment of the liquor connnissionet, man be material to the determination of oviicther an applicant is qualified to receive a license, whether the 40 licensed prennscs is 1FRe III 13 Mid /onvhethar a licensee ism comp IMilce with ail applicnhIQ laws, rules and Iumbilicus. folder the pms iii nil s ofthis ch upon, 'The failure ofany 6eensee or applicant to comply with ibis proms 100113 unless for good cause shown, shall be deemed to be in admission Ihat the licensee or applicant is not quatificd to real tit If o on cocon c a license. 1. To require Cur "Source or a }plicent to time eSo airy charges made in any chjection to the ass uence of the license_ The failure Of an), heensee or applicant to oomply with this pwuisioq unto s for good vac burn stood be decrned to be an admission that fire ticeusee or applicant not qualified Inmaintain or reeen e a l iccnso. .1. To receive, in and act upon any complaint Gem may Pelson that fifty Of tile pmvino's off his chapter or the 1 ig'lot Control Act or any rules m I Oolli pions adopted by the commissioner or by Ibe State IIdoor -out missioil hnve been or are being violated. K. Pursuant to section 4 -6D -19 of this chapter, to suspend for not more than thirty (30) days_ or revoke any license issued under this chapter, el ISoy a fine against any licensee, for each vaolanon ofany FedernJ, state or local Inw, ordinance, rotes or regulations relating to the sale of alcoholic limner, and fm any of the follorcing reasons- I. The willfin making ofany false statement in an application for a license, permit or certificate, Z Refusal of any licensee to testify under oath In all Ielevant and mutenoL questions propounded in him at nnyheanng, condiu led by the local liquor control rnnnnicsioner. 3. Refusal of any licensee or his canployee or agent to produce for inspection by one liquor commissioner any document requested which May be relevant to any hearing of'ic ri anon ofalleged rdplotions ofthe-state Inflict control act, this chapter, or any nv rule or regulation ofthe liquor commissioner. 4. The state lignor commission has suspended or revoked the license of the licensee. d. Within sixty (60) der,, Of the granting of a license, the l on -nsee has failed to operate thebnsm Call at the l ocpion i it the li con se except upon pefi t i cn in a kill am (It r der issu ld by the local liquor control commission granting an extension period. 6. Fail ore to no if fy the liquor commissioner of fh e IF it 111 of any new managers avi thin fourteen(14) days after any much m an 11 ter begins mocking ,and %or Tit bMe, to provide al l infra con Ill If, eessary to keep the b cc" SOE s uppl i cat i on acemtoo e and mnrent 7. '1 be failureto obey any lawfid Orel 'Of the liquor en na to icsirnu or, 8. The licensed premises constitutes a nuisance as defined by Village ordinance iadi dung than chapter. 9. Suspension of revocation is required pursuant to Section 4-6D -72 of this chapter. 41 1- To keep or cause to be kept a complete record nfall licenses issued by him, and to famish Open request to the office of the Village Administratnr, Formica director treasurer, and /or Cluefof Police a copy fhereof, and to inform the board of ti from time to time of any changes including the issnanec of new Ncens� and the revocation of old licenses. M To make rewnnnendahona to the Villagebomd regarding the number of licenses available for each license classification and the applervioth fees to be charged for thoselicenses. N. To make, promnlgnic, alter, amend, repeal, and enforce such roles and regulatinns relating to the administration and on maeor a)Iofthejan, lions of this chapter as are consistent with this chapter and which may he deemed by him to he desirable to facilitate his functions mid duties, to the end that the health, safete and welfnre of the Village OfMorion Grove shat] be protected and temperance in the consmnption of alcoholic liquors shall be fostered and promoted. Such Hiles and regulations shall be-nme effective to he adnpted only alter being Placed On file in the t,Mly of the Village Administrator for a period of thirty (30) days ahar noficeto the public and all licensees affected themby. O. To hold public hearings at any time conceiving an} matters embraced within this chapter, (0rd_06- 20,6.12 -2006) 4-61) 5: IRI'VIL.EGE GRANTED RP LICENSE: A liquor license granted pursuant to this chapter is solely apersonal pdvilegc ,and Hess sooner revoked poisnant to this chapter Or by federal or state lay- shall last for no more than one ycar, from January 1 (or later for an initial application) through December 31, except for 2012, when licenses shall Fro frnnr May J through December 31 and the fees for such licenses shall be prorated at three fourths (3/4) of the annual fee, except for classes G, J, and K licenses which chill expire on the date specified thereon. A license shall not constitute property and may not be traasfmcd. It shall not be toed as collateral, nor be subject to voluntary or involuntary attachment, assignment, garnishment, or esecutinn, encumbrance or hvpnfhccatio u, nor shall it descend by the laws of testate or intestate devolution. Renewal of this Itcense is a pria ilege and shall not he construed a_ a vosted right which shall limit or prevent the decreasing number of licenses to be issued within the Vilblgc. No license shall be renewed under this section unless the malinger of the licensed establishment, and each employee of the liccusee who is Or ovill be engaged in the selling, mixing, preparing or serving of alcoholic Iigom' at the licensed premises has successfid H I completed an alcohol sales and service training p ngnm- (Ord. 12 -OR, 3- 26-2012) 46D -6: TERMINATION: I RANSPER OF INTEREST; RE_NENYAL: A Except as ptoylded herein a Hcenseshall idolmoicalp terminntc upon the death, dissolution or the mirohency of the lice') ere, upon the sale rhansfer of any interest in the license by an individual or club licensee, upon the sale or transfer, assignment of more than fifty percent (50%) of the outstanding shares of corlenation or imetcst in any partnership Wring a license, ornpma the filing of a petition for ndjudicatinn Of hankntptcy by or as to the estate of the licensee. A transfer of a deceased licensee's interest to or father, mother, 42 brother. sister, bnshand, wife, amt. Or daughter shrill be pennitted provided that torch person meets all goalificatinns required in hold Poe license and shall he bound by all eondif ions of tee license R. In the event of the death of a 1 ror c ,. the executor of the ¢-ill or adm inistnlor of the estate Of any deceased licensee pursuant to the mpropriale ennr( order, or if none. file spouse or any child of the licensee upon the written approval of the liquor commissioner may exercise the prirleges of the deceased licenseeurral the expiration of such license or vnfal six (6) months after the deal)! of the licensee, evhiehecer is the shorter period of time; provldul such person meets nil qualificnlions required to ho)d the license and shall be bound br all conditions of the license ' C. Tire trustee of any insolvent or bankrupt licensee, when such estate consist in part of alcoholic liquor may contimtc the bminess of the sole of alcoholic liquor under order of the anproprfate court, and may exercise file privileges of the insolvent Or bankrupt ticeaeee anril the expiration of such license but not longer than six (6) months after fire bankruptcy or msnh eucy of such licensee, obichc. or is file shorter period Of time, provided such tmstce moots all qualifications required to hold the license and shrill be round by all conditions of the license. D_ do refund shall be made afany portion Of tile Itcense fees paid for any period in which the becnsce shall be prevented from operating under such license in accordance vs if h ill- pray iqiotar of this chapter. L. Upon the tenninahon of a license pursuant to =')],section A or of this secf9oq the successor in interest may appl} for the issuance of Ore license pursuant to section 4-6D -9 of this chapter and shall pay all applicable initial applicat on and beeva t fees. F. A herntsce whose license has not been tcmtiumvd prior to the expiration Of its tern may apply for the renewal of the license at the expiration theteo£ provided he is then qualified to receive a license and the premises for v%hieh such renmval license is sought is suitable for such purpose However, the renown) privilege herein provided for shall rot be consrued as a vested right which shall in any case prevent the corporate authorities from decreasing the mrmherof licenses to he issued it plain its jurisdiction. (Ord. 06 -20, 6-12 -2006) 4 -6D -7: CHANGE OF LOCATION: Any license issued under this chapter shall apply only to the premises described in the application and in the license issued firereou. After a license bas been granted for a purticular premises, the liquor commissioner, upon the filing of a written regnest. and payment of on investigation fee in the amount as shall nom Or may he required by f his chapter. and upon or proper showing including the applicants statement under oNh that the Premises to which said relocation is to be made complic in all rospects wxitlt the regnirenict* of fill, chapter.. may endorse upon sold license permissimt to abandon the premises therein described and relocate to another ptenriseq ararim ed by him_ The request shall he rejected if the applicant has not operated his business of tire original licensed premises for at least ninep (90) days prior to the application for change of location No change of location shall be pemailled unless tile prepes d neap locatic n is a 110 fid locatimi and premises for 'be retail sale of rleeholie liquor pursuant to Illinois hnu and all ipPliarble Pillage ordinances. Nothing herein contained shall he 43 conshned to period any Itcensce to change the location of III s hnsiness, or Operate his basiness ors Portion thereof as a cubtenant or rfli iae at s site or place of b tsin^-ss which mould be prohibited (rdenied to an w Pill off apjdmant. (Old.OG20, 6 -12 -2006) 4-61) 9 LICENSE CLASSIFICATIONS AND FEES A. Licenser shall lie divided i nto the to I l owing classes: I- Class A. full liquor: Licenses which shall authorize the retail sale oil the premises specified of altohnlic liquors for consumption on said premises, and package sales for sot smnptty n of fthe premrser erhere sold. Class B. beer n ins: t eccmes which shall authorize the retail side of beef and voice Sol consumption only on the premises specified. 3. Class C, club consumption on premises' Licenses which shall authorize rue retail sale of alcoholic liquors for consumption only on the premises in any "duk". as defined in this chapter_ 4. Class D, bill package salu: Liceoses.rhich shall authorize the retail sale of alcoholic liquors, only in original packages for consumption off the premises and not for consumption on tine premises where sold. 5. Class E, restaurant bill liquor licenses isso d 01313 to restaurants ss defined in this chnptet which..h dl all! hOrize the To, il sale of alcoholic liquor for v"nsnmptton only on the premises and only when such sale is incidental to the sale and service of food eaten on the premises. It shall be nnlrnvtul for any holder of a since E license to sell or give alcoholic liquor to a patron mho does not also order food 6. Class F. food /specialty stores, firlI package sdc_ Licenses which shall authorize the retail sale of alcoholic Iminces. only hi m'igival packages for consumption off the premises it ten establishmerrt Miele file princri al borqiness is groceries or drugstore items, and is not the sale of alcoholic liquor or gasoline. A class E license issued Prior to January 1, 2011, t0 a licensee show principal business is the sale of gasoline may bereneviced if tile licensee qualifies for said license in all other respects. 7. Class G, special event Licenses which shall authorize the retail sale ofalcoholic liquor only for consumption on the premises for special ev enfs as defined by fine chapter. 8. Class 11. caterers Pull liquor: Llcensev which shall authorize the sale of alcoholic liquors for consumption nn the Is enrises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this ail pier and having a current hlorlon Grove business license, Catering establishments holding class if licenses rnnsthnce food sera* ice M'iiable rotten liquor is being set v -ed. 44 9. Class I. caterers hear ovine: Licences mbich shall authorize the sale (If beer and wine for consumption on the premises inhere scr✓ed and limited to invited guests at prn me firnc6ons Such licenses shall be issued only to caterers as defined by this chapter and having a current hbrner Grove husinese license. Catering esablishorull holding class I licenses must have food service available when beer and sine are being served. t0. Class J, temporary off infouses: Licenses c hich shall authorize a holder of a class A, B, C or E license to sell alcohol (or for a class B license holder to sell beer and wine) for conswnptton at a designated premises Other than the licensee's licensed premises for a specificperiod not to exceed three (3) days. 11. Class K temporary tasting permit License which sha0 authorize aholder of a class A. B, D, or F Bettie to provide small quantity samplings of alcoholic liquor for on Premises tasting purposes only in conjunction with a sales promotional effort. Said Pencil shall not record thine than it six (6j hour period, and no more than out permit per week shall he issued to any licensee_ All such tailings must like place in a designated area of the licensed pretenses and shall be supervised by a person who has completed an alcohol sales and son ice training program . 11 Class L BYOB fennil: Licence which authorizes a restaurant to allsnx the cons oil tion of whit and beer not purchased four the reslat rnnl bill brought to the restaurant b)' a customer under the provisions set forth io 4 -6D -137. B. All application to estignfioq fingerprinting and annual license fees shun he paid at the filing Of 'Ile applroatfon_ If a frocy license (other thou a class 1 or K license) is applied for after October 1, the first s e u s annual fee shill be reduced by fitly percent (5046)_ in the event a license is not issued, any annual license fee prepaid with an application shall be refunded to the applicant less n one hundred dollar Mori 00) pence sing fee. All application Ind inccsrigation fees shall be rraaincd by file Village repardleSs of whether or not pile person is granted a license. C No more than the maximum comber of heeuses set forth shall be issued for any class of licenses. Each applicant for a liecnae shall pay the fees act forth in Title 4, Chapter 3, 4 -6D -9: LICENSE APPLICATION: A. Tlie liquor cream issi on of shall prepare, or cause to be preps red, an spill i car on fomu, in accordance with the foregoing, cud shall require such "filer ou difirnvil information. records or background m c tigations as tine liquor wen a sion -I or ChiefofPolice shall from time to tune acre Ionic to be advisable and/or necccsnry to contour the infrmatioon provided in file nji effort, B. Any persoil desiring a license. authorized by this chapter shall make application b the liquor ammtssioner.A solve are application shelf Ile madefor each license by the applicant Such app icnion shall be taped or legrbl}• handwetten nn forms prepared and furnished by the liquor commissioner. Each application shall be signed and verified by oath or dFd,to by 45 C. each person so required, and shall be filed with the office of the Village Administrator_ The following persons shall be lisled on the application' I . If the applicant is an indir iduai or individuals, each individual shall sign and verify the appliicatinn. 2. If the applicant is a general parnership, all partners shall sign and votary the application_ 3. If tile applicant is alimited p liblel hip, fill general partners and larr limited partner owning more than a flue percent (5° o) interest in such limited partnership and any person entitled to share in more than five percent (5o,) of the profits of the paiinerld ip.vho shall sign and verify the application and _apecifv the percentage of interest owned or profit to which he is entitled. 4. If the applicant is It corporation or limited liability corporation (LLC), all officers, direcors and managing members and any stockholders omoring more than fifty percent (50 %) of the corporate stock of a publicly traded corporation and more then five percent (5 %) ofthe corporate stock of nonpublicly radial cnrpo ldion. shall he listed, and their official position and perean4.ge of stock owned shall be specified. 1-he application shall be signed and verified by Lire president. secretary, managing member and site manager. 5. If the applicant is a club, all lord officers slid directors shill be listed and their official position shall be specified. The application shall besigned and verified by the president, secretary and site manages. 6. An% person who acts is the milliliter of agent ofrhe licensee shall submit information and documentation as regnirod of him by the liquor enmmialioner Applications shall contain file follon Ing inforrnnion and statetnente I. T lie name, addros,cord date of birth and social seen, ity number "fall persons required to be lisled on the application. 2. A statement whether each Pei son trained to be listed on the application is a resident of the State of Illinois In the care "fcolpol -t ions; officers, directors, or stockholders and in the case o£partools), ips, pa trios do not bare to he residents of Illinois if the licensee employs a rusidlen manager to operate trite licensed premises. 3. A statement offhe eltirall0nip of all persons required to he listed "n the applicaI ion, and ifany Person is a natlydiecd e167ett of the l hutted 3lales, the date and Place of naturalization and a copy (if said naturalization documents. If ally person is not a citizen of the United States, a stofemwut the person has the legal authority to reside is the United States and a copy of all documents granting said authority. 4. The name and address of tile applicant's presepectiee business, and if applicable, the date of the filing of the °assumed name" of the business with the county clerk. 46 5. If the applicant is an Illinois corporation, a copy of the articles Of incorporation and a certificate of good standing. 6. If the applicant is a forcigtt corporation, a eerrificate from the secretary of State of Illinois to conduct business in Illinois as a foreign corporation. If the applicant is an Illinois limited panoc¢hig a copy of the filed certfficare of limited partnership and a certificate of good standing from the Illinois sor l etary of statC S. if the applicant is a foreign limited partnership, a copy of the Filed certificate of limited partnership in the state of filing and if copy of the filed 'application for admission to transact business as a foreign limited file hIMzhip in Illinois. 0. If the applicant is an individual, a statement as to the nature of fhe hardness of Itic applicant 10, If the applicant is a chub, a copy of its charter, the date if was (or ord, and state of its headquarters, and a statement as to file nature of it's business and activities within the State of Illinois. I1. A. statement whether the proposed location is within one hnollell feet Q 0(')ofally church, schood, hospital, home for the aged or indigent persons or for mar vctemns, their wises or children. 12 A statanenf whether food for hnnran consnnpron is to he sold at the event conducted rain the licensed premises if the license is granted. A statement whether the business will he in combination with a restaurant, and whether fifty percent (50lrf) of the gross receipts of fire licensed business will be or his been from the sale of such food, and docmnerition substantiating this statement ifiegaested by the local liquor control commissioner. 13. A statement as to the ownership of tile licensed premises. if the applicant is not the owner of the licensed promises. the name, address, and phone number of the owner, and the duration of the Iran, Docaumenmlinn showing proof of oornaxldp (deed, or tax bill or like document) or a copy of file lease. 14. A statement whether any person required to he listed on the application previously applied for, holds, or bold a liquor license of any type issued by any stale or subdivision thereof, or by the federal govemment that was rejected, suspended or revoked, and all pertinent information detailing the reason for and circialyro ees of any such rejection, suspension or rcrocarve 15. A statcment.vhether or not any person required to he listed on the application or any agent, bartender, Limited partner or stockholder has ever been convicted of being the keeper or an inmate . of a house of prostimdon, or pandering, or of any other crime or 47 misdemeanor, with fire exception of traffic offenses not connected with the misuse of alcoholic beverages. 16. Asiatcnli nt whether sun, person required to be, listed on the p1 pfcad n is not at Poe time of making the application connected directly or indirectly a ith a house of If fame and v said cation that no such connection will occur during the existence of the license. 17. A statement rvhether anypcison required lobe listed on the application has ever been convicted of a felony or is dispn Ill fled to receive the license sought by reason of any matter or thing contained in this chapter, the laws of this state, or the of oftlie V illoge if cry such person has been convicted of felorly. n statement full king file state and amnty in which the c an i el ion occurred and explaining the nahtrc o the charges ©limb led to the conviction and other relev out information pertaining to the call) oi c t i on 18. A statement that should file licensed premises become or mnstinne a naiance the license, permit or crier ifieate may be suspended or revoked or the licensee may be tined by the liquor commissioner. 19. A stafemet That an) person required to be b0cal on the application will testify ender ouch fund snbsem the to the hill]] in response to all relevant and material questions propounded to him, in any hearing conducted by the liquor commissioner_, either before or after the issuance ofa license. 20- A statement that any person required to beIcaerl nit the applcation . hill provide, m, I eceipt of a Imh firlh authoi need subpoena ll the liquor commissioner, any hook or record of his licensed business he connection with any ine=estignlion conducted by the liquor commissioner. 21. A stalerneril that any person required to be listed on the npplicilion, and any manI tr b'rtt11 a gent of employee,ifrcgneeted by the Ilgnor commissioner ; will pectin n pit a record Of his or tier fingerprints to be made by the Villages polies department. 22 In the ease of the purchase ofnn existing business, a.siatemcnt listing file v tile ofthe Pill I S c I assets li l_irehased and p!e�ofofpurcha c still a statement seeing forth the amount paid lo! (tie business as a going cone m ba ing .slue_ 23. In the ca se of n hem business, a sat cult nt list ing all persons and corporations financing the purchase or construction of the finial ox, to he licensed and, if requested, a statement detailing the financial background of (lie applicant and fo mess to he licensed. 24. A encricant that rill 1 et cons regmted to he listed on the epphcaHon hacepaid all faxes, fees of Other debts owed to the Village ofbfalon Grove. 48 25. A statemcnl full no perfimr required to he listed nn the appbcafinn, and no person interested in anyway, directly or indirectly, in relation to the license applied fit, the premises or the profit. or proceeds from the into of alcoholic Iignoe, nor any member of his or her household is an elected official Morton Grove. or a full -time employee of the Village of 26. A racianenl authorizing the liquor commissioner to cause to fingerprint all persons required to be listed on the application and all mmragel's and key employees pursuant to subsection C of this section. 27. A statement that all persnns required to be lisfed on the applicenon c ill not eiollf any of the lases of the slate affill trots or of the fluffed El aces, or any ordinance of the Village in relation to the license or the licensed premises. 23. Proof last all m;magers of the licensed premises and each employ cc who will be engaged in the setting, mixing, preparing serving, or delivering olcoholie liquor for consumption on or off the licensul pt nurses has successfully completed an alcohol sales and service training program. 29. Acopv of the licensees Village of Morton Grove business license and state liquor license (when available) and the licensee's_ federal employer identification number. 30. Allinfonnatimp required must be supplied at the time ofapphe bon and clearly typed or legibly handrmiife". It is the npplicanYs responsibility to supply on the apphuadon- the name and address of each manager or bartender to be employed and to ensure that a background nn- estigatlon is completed on each, including the submission of fingerprints. D. The requirement of mpplyitug all ofihe above infolussnon is a continuing one. Ifany xq plied infonnahon or statements become m. slid as if a new manager or bartener d is ernplo; ell, it is the duty of the licensee ill pro, ice updated information in writing to the liquor commissioner and tl>r Chief of police This includes changes in the makeup or control Ofparltlerships or corporations as foliose,: t, if die licensee is a pnrtocship, the liquor commissioner must be in Gsmwd within seven (7) days of the dissolution of the parntershi ,and within dpirt sale oracipi anion of a five percent s% il y (30) days of tile t ( )m5po, mthe1 ntnership by an}` person, or upon any partlher acquiring a fifty percent (50 "i) or greater mlereel In the partnership if such partner was not shown to assn a fifty percent ( 0 °0) or Rrealer inlcreSt on Prior aplh stinns of rene¢nls, or of Clue resignation or replaccman Of any managing partner or site manager. 2. If the licensee is a corporation, the liquor commissions, must be informed within seveu(7) days of the dissolution of the corporation, and c fill,, thin resignation nr replacement Of any nfffi.e', (nano in g t ) (30) days e f the sale or acquisition or transfer of fivc percen sbf member or site manager or of from any one stockholder, or if any acockhnlder acquit is flay pereenle(5t0ill) or �mre 49 Of the stock if such stockholdet was not shmOa to oevn fifty percent (50?b) or more of the stock on prior app iclubms or sabcoope- ntrenewaIs, 3. Ill the case of clubs, the liquor commissionarmust be informed within punt (10) days neon the election or nppolntmcnt of new officer or director, and annually if the membership mslcr changes. 4. The liquor commissioner must be informed within see cn(7) days of the death, msoh cuc }.. bankruptcy or conviction of felony of any licensee, orpeson required to be listed on the license application_ E. No license shall be issued, renewed, orolneed to conNnnc, unless the applicant files with the Liquor commissioner a certificate by an insurance company moll rived m e10 business in the Stale of IIIinois cOCf N ifra the applicant has in full force and effect dramshop insurance in anch amount as required by Imr or in the amount of one million doll ms ($1,000'000.00), Whichever is grealer, and listing the Village as the certificate holder, and proof ofOffer insurance that map be required by all local Ordinances, state, and federal slatates. if at any time during the period of the license said insurance is not maintained or a current certificate Of insnrance is not on file with the liquor commissioner, said license shall besomcndld or revoked. P. It is unlawfid for a licensee to attempt to pay a license fee, transfer fee, late fee, settlement, or fine pursuant to this chapter with a negotiable instillment that is dishonored on presentation and said negotinblc instrument shall not be considered payment and shall be cause for disciplinary action G. Prior to the initial approval and is nmwc of a license, or whenever a transfer of an} interest in the license pursuant' to subsecton D Of this section or section 46D 6 of this chapter, or at the request of the lb u n nnmtssioner at[ persona required to be (ivied on the application and at the request of the liquor eotnrnissioner, and all managers and hnrtendors shall submit his orhea fingerprints to the Motion Grove Police Department in the Poor and manner prescriber) by Chief of Police 'These fingerprints shall be checked against law enforcement records and criminal history records databases, I he licensee or applicant pay a fee for conducting the criminal history records chock, as detemained by the CluefofPolicie IT An application for renewal of mw previ on sly issued license shall be filed prior to April I each year The application shall be accompanied by payment of all the requisite fees, shalt be verified, and shall include the scone infvrcibiou and documentation as shown above, Which shall be current and accurate as of the date of filing said renewal application as well as fire follorcing documentation and information' A copy of the applicant's cturent state liquor license mnnbc, 2. The date the applicant first obtained a license for the.stleofliquor at his place of business; The applicallile retailers occnpMion tax (ROT) iefuNamion number; 50 4, whether the applicant is dclingncnt in the pa}nnenl of the retailer's occopationnl tan (sales tax), and if so, the reasons therefore: 5. Proof of completion ofaleohol sales and service training program required by suhsection 4 -6D -131 of this chapter fur each mnnnger and employee who is orwill be engaged in the selling, mixing, preparing, serving, or delivering of alcoholic liquor to customers, guests, m patrons for eonanmpfion on or off the licensed premises. Any application for renewal of a liquor license submitted after April 1 must be accompanied III a onehnndred dollar ($100.00) late filing fee. 'file failure to renew a license or to pay all rc phH e fees before the expiration of the license shall render the license nonrene.vabhe unless all required information, documentation, and fees, including s lute fee in the amonnl of too hundred dollars ($,200.00) or ten percent (I 0 °.6) of the license fee, whichever is greater, are filed with the Village Administrator oithfn fen (10) working days of the expirwicn of the license_ Applications for class G,1 and K licerrses need not f lloW the formal process set forth in this section, hot shall he made by a carmen coaespondeuce to the local ligimr commissioner at (cast thirty (30) dlo, before the event, and shall identify the date and time of the event, the type of license requested; and the location of the event, and shall include proof of illsm'unce, proof all persons selling orserring alroholic liquor ')to c completed an alcohol sales and service training program pursuant to subsection 4 OT) 131 of this chapter, and such other information required from time to time by fire local liquor commissioner. (Ord. t 1- 11_3-28- 2011) 4 -6D -10 BOND REQUIRED: AMOUNT: CONDITIONS: A licensoc who has had I quor license revoked or suspended within the last three (Z) nears shall, as a condithacf htrinina (IT etnining a liquor license from the Village, hm'asurety bond in tile Won of two dam and demo t5 °,000.00) Vitt a soh -eat 5111111 co[epan l hcenscd to do business in the State of Illinois, and apps m ed by the liquor comrnissioner. The bond shall be made payable to the Village and conditioned on the faithfirl obsen ance by line licensee of the prep,, kimas of this chapter, all ordlnanee a and laws ofthe State of Illinois and ofthe Unbcd Status Of America spills fail to the Sale and Possession of alcoholic liquor ' slid shall be further conditioned on the pavment of all fines and costs which may be assessed against the licensee by the local liquor control coo missioner for the violation orally of the provisions of this chapter. If a licensee shall be fined and falls to pay the fine, or the license shall he revoked by the liquor commissioner and no appeal is taken lion 5uc1z, the order or any appeal taken therefrom k decided adversely to the licensee, the bond shall be foribited and the liquor commissinocr Turf insfitute suit on such bond in the name ofthe Village of Morton Grove for the entire amoanl of Life bond (Ord. 06 -20, 6 -12 -2006) 4 -6D -11 CAUSES FOR LICENSE REJECTION, SUSPENSION AND /OR REVOCATION: A. In addition to othea grounds specified in this chnpler, the liquor commissioner shall refuse the issuance or renewal of a license, or suspend or rereke the license, of any licensee or applicant, fm' any of the folloOving conditions with respect to an owner, licensee, applicant, 51 marl er or hertunder except as oldies ise provided in snhsection B of this seen on and subsection 46D -19B ofihia chapter I . A person under the age of twenty one (21) years. 2. A person who is not aresident of the State of Illinois except as allowed by this chapter. 3. A person who is not of good character and reputation in the Village of fiction Grove and the community in which he resides. 4. A is, rson who has not submitted a complete, accurate and truthfirl oppbcation and all required documentation he a license as provided for fit this chapter. 5. Aperson who has been'wnvicted of felony under any federal or stern law_, unless the liquor commissioner deterines that such person has been snfficicntly i efu hilif ated to cancer the public (root after considering matters set forth in such yerson's application and the I iquor com in klannet's investigffiion with the burden of proofof euffcient rehabilitation to be on the applicant. 6. A person who has been convicted of being the keeper ofor is keeping choose of prostitution or a house Of fame T A person wlro has been convicted ofisandering, or any other crianc s) or misdemeanoo,) opposer) to decency and morality orofa sexual nnRVe, or is determined to be a "sex offender" as defined by statute andmor is required to register as such. 8. A pet son who Ills forest real icood of r gamhl a offense as l n.. bed by a il Village ordnan ce. Subsectiacs(n)(3) t It t ugh(t)(II)of section 28_1,or section 28.IJor2$- 3 of the criminal Code of] 96 1 , or as proscribed by a statute replaced by any of thc aforesaid statator) provisions. 9. A person so 110 is licensed by the state of Illinois as an alcohol dishibntor. 10- A politics Ship Or copnrdicrxhip, rfusy person owning more than file percent (5%) thereof would not be eligible b room -c a license hereunder f'or any reason ocher than Ilse enizenship or residene}' requirement of this chnpier, so long as the partnership employs a resident manager to operate the licensed piemiseq. 11. A ronao(rtrmy ofbets, or directnr thereof, or anystocl; holder or stockholders vmnng um then agregate more thou five percent (5 %) ofilreSteel, in such corporation would not be eligible to receive a license for any Tolson hereunder other than the muzcnship or residency m egnirements of This chapter so long as fire corporation v mposs a residcni manager to operate the licens d premises_ 52 12. A corporation, unless it IS ineeneasted in Illinois, or unless it is a foreign connotation ion which is qualified under the 'hor imcss corporation act of 1983" to transact business in Illinois. 13. A club, 'rally ofus offices or directors would not be eligible to recoil e a license for anyreasen hereunder other than the residency iequhemcnts of this chapter. 14. A person that is not an individual(s), partnership corporation or "club" as defined in this chapter, except for persons applying For a class G license. 15_ Aperson choire plae rfhlsoOes is eondoetcd by a manager vvho is not gnalified to hold a license nodalthi chapter. 16_ A person who does not beneficially own the premises for which a license is sought, or does not tire c a lease thereon, or written permission from the owner of file licensed premises for the period for which the license is to be issued. 17. A person who k not a beneficial owner of the business to be eperffid by the licensee. 18. Any person not eligible to receive a License under the Illinois liquor Control Aetl or subsequent relevant liquor regulations as may be amended frmn time to time. 79. Any person mho is an elected ofHciel ir fill role employee Of rue %idjagc of .-Manor, Grove and no such official or employee shall be interested in any way, either directly or indirectly, in the mamiPachue, sale or distribution of alcoholic liquor within the Village, except that a license may be granted to the Village president or any member of the Village board of trustees in relation to a premises located within file Village of Morton Groveifthe s l of alcoholic kopi -po slant to the feense is lneidaluil to the ,selling of food, the issuance of the license is apps oved by the state liquor commis ion, the issuance of the license is in accordance It his all applicable local ordinances in effect where the premises are located, and the offico l granted a license abstains on all votes on alcoholic liquor issues pending before the Village board. 20. A person who does not have liquor Iiababoll insnranee cm (Tege for the licensed premises in an amount that is at least equal to the maximum liability amounts required by the Liquor Cmhirol Act or one million dollmu (R 1,000,000.00), la lichever is greater. 21- Aperson who sells or intends to sell alcoholic liquor at any premises or place of business e here the majonty of customers are minors or where ill" principal business transacted consists oFsehool books, school supplies, food, lunches, or drinks for such minors_ 22. Aperson who sells or intends to sell alcoholic liquor within one houdred feet (100') of any ehnrcIt schnol other than an in uollion of higher Teaming. hospital home for aged or indigent person or fill veteran their spousecor children, cc ally milil2ry or naval station, but this pi ohil huge shall m t apply to hotels offering retturant son ice. 53 regulmly organized clubs, or to restamants, food =hops or other praces ~where sale of alcoholic Iigaoris not the prin( rpol badness carded_ In the case Ofa church. the distance of one hundred fret (100') shall he measured to the nearest part of any building twill for worship services or educational programs and not to property boundaries. Nothing in this section shall pp ohihit the issuincc of a license to a church of pmlic school to sell at retail 211 cliche Ilgnorif any such vales au c Ii Ili fed to periods when gronps are assembled on the premises solely for the promotion of smite common object other than the sale or cotourninnn, of alcoholic liquors, or where a chnreh locates within one hundred feet (100') of a preexisting licensed premises, 21 A person who at the time of application for renewal of any license issued hereunder would not be eligible for Fitch Ikcnse upon a first application. 24. A person who fails to sn testify or provide such books or records lot inspection as required by the local liquor control commissioner. 25. Where the licensed premise emrstitutcs a nuisance is defined by this chapter or elsewhere in this Code or by any state m federal law 26. Where the licmncc orht.s employees or agents hat -e failed to submit his or her fingetpnnts in violation (if this chapter. 27. In casee (If,' renewal application, a licensee who is delinquent in paying any ammmt owed to the Village of Morton Grove, until the finance director confirms that all delinquencies and obligations have been satisfied, and if requested, the applicant provides documentation that all razes, fees, obligations or debts used to the Village of Morton Grove by the licensee have been satisfied_ 28- In cases nfa renewal application, if the department ofrevenuc has reported to the Illinois liquor control commissimre[ that Quid, licensee is dehnquent in filing any required tax returns or paying any amounts owad to the State of Illinois until the licensee is issued a certificate by the department o£revenus stating all delinquent returns or smooths owed have hero paid by goal muced remittance or the pu}msent agreement to pa) all amounts owed has been accepted by the department. 29. A person whose license under this chapter or the Liquor Control Act has been revoked for cause within the past twelve (12) months, 30. A person :chose license under this chapter or the Liquor Control Act has been revoked unless the ligoor commissioner determines it is unlikely the person will violate any provision of this chapter. A criminal conviction of a corporation is not grounds for the dental, suspension, or revocati on of a license applied for or held by file corporation if the criminal conviction was not the result of violation of any £edam] or state fair concerning the manufacture, possession o[ sale of alcoholic Liquor, fire offense that led to the eom-iction did not result in any Financial gain to the corporation and the corporation has 011oinatcd its relationship with each director, officer, employee, or controlling shareholder whose actions directly 54 rontiihnted to the conviction of the eorpontion. The liquor commissioner shall detemsine if all provisions of this sulloadiou have been m a before ally, action on Poe empomtfoo's license is minuted. (Ord. 06 -2Q 6 -12 -2006) 4 -6D -12 VIOLATION 01+ STA'I E TAX ACTS: A. In addition to other gro nck iq ified in this vhqpficr, the liquin n missim er on complaint of the department of revalue of the Shte of Ill mr x, shall refit e the issuance c r enmwal of a lieeuse, or suspend or revoke the license- of any person, for onp of the following violations of any tax act odministered be the department: T Failure to make a tax reform. ?. I`he filing of a frai di lent return. 3. Failure to pay all or pint of any tax or penally finally defiar ined to be title 4. Failure to keep books and records. 5. Failure to secure and displaya certificate Ofregishation, if required. 6. wllfirl Violation of into role or reanhuhu of the department relating to the administration end all foresail ant of tax liability_ B. Upon receiving notice from the department that a vielalion of any of the items in subliednns Al through A6 of this section have been corrected or otherwise resolved to the deprrmnent's satisfaction, the liquor commissioner may vacate. an order of revocation- (Old_ 06-20, 6 -12- 2006) 4 -6D -13 REGULATIONS FOR LICENSEES: A. Condition ofLieensed Premises: All licensed premises shall be kept in a clone and sanitsry condition and shall be govemed by the ordinances of file Village regulating the condition of the premises used fur the storage or sale of food for human consumption_ B. Hours Of Sale or Consumption: No licensee shalt permit nay alcoholic liquor to be sold or given assay or consumed on a hcensed premises between the hcnrrs of two o'clock (2'04) A.M. and six o clock (6:00) A.M. on u-cekdays and Sahnday; and between the hours of three o'clock (3:00) A.M. and ten o'clock (10:00) A.M. on Sunday. Class A, B, C, E, 13, t,1& L licensees most stop the sale and serving of alcohol by 630 AM on weekdays and Sahnday, and by 2:30 AM on Sunday. C. Lights slid Signs: All lights ofall outside advertising display or illuminating signs of licensed in coliscs sholl he turned off at one o'clock (1:00) A.M. on weekdays and Saturday, and two o'clock (2:00) A.M. on Sunday. 55 D. License Posted In Plain View: Each licensee shall cattle his license to be framed and hung in plain view in a consl.icuotx place on the licensed Illemiscs. F, Books and Records: Bach licensee shall make his hooks and records available upon reasonable notice for the purpose of forestigation and control by the liquor commissioner. Such books and records shall be maintained in the Stale of Illinois, unless access to the records is aeailabtc electronically_ F. Sign Required; Violation- Every licensee shall post in plain ricer on the licensed premises an eight and one had inch by eleven inch (812" x I t ") sign with the follotentg message: "Government Warning: According re The Surgeon General, Wotnen Should Not Drink Alcoholic Beverages Dorf jig Pregnancy Because Of The Risk Of Birth Defects ". The local liquor control commission shall hank r a cop} of this sign upon requv f. if the licensee fails to post Kind sign within wren (7) days Once receiving a nutlell warning, he shall be filled iu acem d aner with title], chapter 4 ofitIk CodI, for each such violation, and each day the violate m condones shall constitute a separate offns ee. G_ Outdoor Areas Adjacent To Licensed Premises: Subject to all applicable Village ordinances. the local liquor connnl commissioner mop allow, the sale and consumption of alcoholic liquor in completely Kochumel outdoor areas Koch Os decks and pat'. s adjacent to the permanent sit rchu'c of a licensed premises so long as he determines said sale and consumption shall not ak w Sely impact Ibe peace; health, safety on a chat 0 of the surrmmding neighborhood_ Said defenninatinn is subject to review and reeonsiderntion on an atmual hasis- 11. Video Recording And Monitoring: Unless waived in writing be the liquor commissioner the bolder ofa class D or class Piicense and any licensee who stns video gaming term , inals nn the licensed premiss shall install and maintain in good workhtg order video recordlne and monitor equipment personal to spe"ificad"11K as determbmd from time to lime by Poe Chiefof Police and shall maintain video recordings fora period of Or least fourteen (14) days Once each sale. Video recordings mast he accessible remotely to the Chief of Police upon request at anytime. A written notice that' aII sales of alcohol are video recorded" shall be posted near the point efsale. Holders of class D or P licenses shall record all persons entering and Icaoingthe huilding and all sales of alcohol. Licensees who here video gaming termiIIIIIS . hall record all persons eon i g or Icavin, the building, tl. e operation and placing ofall vndm gaining temunaK and all Pascals distributions of evinnings from gaming activities- Any class D or F licensee rvho had installed approv cd video recording equipment prior to August 13, 2012 shall not he required to replace or upgrnd¢ t1 s video recording equipment to comply with this mbsection unlit the fiat to occur of lire folloving: ]her bho recording equipment fails tO properly record se save recordings 'Ihe licensee is friend to haveviolated any Keelinn of this chapter. lanualy I, 2015. Responailde Alcohol Service Training Required: 1. Each manager Of a licensed premisav, and each employee of a licensee who sti 11 be engaged in eel l ing. mtxine, prepanng serving or dolrveeng alcoholic liquor to anstomel,, gueets or patrons for consumption sent or off the licensed premises, shall, within tell (10) days after beginning relploymeN erith the licensee, suecessfid!y complete an alcohol sales and service training program. 1 Each licensee shell maintain on the licetved premises and with the liquor commissioner proof of completion of the alcohol sales and sereice training required pursnnnt to this subsection in a manner that will allow inspection, upon demand. by any designee ofeither the State ofllimais liquor control crnmnission or local I iquor control commissioner. 3. No per on shall sell moo prepare, smite, of (retire, nleoholic lisps t In the Vtlinge, for co nsumption on m ()if tile licensed p,emisms nnl ss that person has successfully completed an alcohol sales and service limning prorrant, and that proof of such training is avmlohl e for inspection at the licensed pnerniscl. 4. No load liquor licensee shall allots alcoholic liqum to be sold, served, or delivered except by a person who has successfully completed an alcohol sales and sort Ica training pa ogilm (Ord. 10 -13, 6- 14- 2010) BYOB I.icenseas: The folio ill, provisions appls'to holders of Class "L` (B4'OB Licenses. and are ill addition to all other requirements set forth or this chapter 1. 'Ihehours of BYOB wine service shall occur only between 3:00 pm and 10:00 pm. 2. No more than One bottle ofwine or 48 seances ofheer perlenron over the age of21 shall be permitted to he consumed at any table or hooch. 3. The licensee shall onlypermit Byots setv ice to ocmtron the Premise in eonjeco-don with the purchase and consumme ion of fill I well on the licensed premise_ 4. Patrons or us( be seated at a table or booth to consnm e scin e, 5. The licensee mac pm% d glaasenre and ice Ise tilepatren and mayuncork the Pont it, and shall central its consumption. wine. 6. 'fire iieenscc may hilt is not required to charge a corkage frc. 7. All eon Ioyees who perforut corkage duties shall sneeessfirlly complete all alcohol sales and service i mnmg program and shall serve file wine as if it was purchased in the establishment comphing with all state and local laws. 8 Section 235 ILCS 5!6 -33 Of the Illinois liquor Control Act is hereby incorporated by reference with respect to prohibitions against anq persons carrying or hansporting or es posssing liquor in an nnscaled and open condition. 56 57 9. 1 he hcensec shat) be liahle for violations of this chapter in the same m anner as the holder of any other classification of liquor license including hilt not Iballed to violations for service to minors and the over- serving of patrons. Y.. Access: The Chief of Pot ice or his designees and /or any peace officer of the Village of Morton Grove Police Department wearing a unifnnn or displaying a badge or other sign of authority shall have munhsimcted /unhindered llnmedl ne access to the licensed premise including but not limited to all oohloor areas during the basincse hours and/or anv time the licensed premise is occupied. The licensee, its agents and /or employees shall allow nnd/er facilitate said access and .shall not hinderer obstruct said access in Invmnnner- 4 -6D -14 REGULATIONS FOR LICENSEES OPERATING KIDEO GAMING 'EERMINALS ON THE LICENSED PRLNASE_ A_ It shall be i nlan fill for any licensed premise to operate a video gaming terminal, except for Class "A', `B-- and "C license holders who have Also obtained approval for the operation (if video gaining terminals from the Slate of III Aois, and who have obtained a video gaining terminal permit sticker from holh the State of Illinois and the Village of Minion Grove. The cost for a video gaming terminal permit slicker issued by the Village of Morten Grove shall be $250.00 per machinelterminal to berenmved on in anneal basis ft. Regulations gnvering licensed establishments opernfing video gaining terminals 1. A valid Village video gaming terrinal format stinker shall be clearly displayed At all times on each video gaming terminal. 2. No more than the maximum amount of video teeming tenninalfi allowed by Illinois law may be located on the licensed estillikhment's premises. 3. All yidco gaming temmnAN mun be located in All area iestricied to pereons 21 years of age or older. The entrance to such to area most at All limes be within the view of at least one employee who is at least it years of age. Video Gaining Turnmak mast not be visible from any area Ii of the holding. 4. No licensed estnhlishment map cause or permit any person under the age of 21 to use, play or operate a video gaming terminal. 5_ No video gaming terminni inn} be played except during the legal hours of operation allowed for the consrmption o£alcol olio beverages at the licensed premise 6. 'Ihe licensed con"fishmenbuust fully comply with the Illinois Video Gamine Act (2301LCS 4011 of and all rules, regulations, And restrictions imposed by the Illinois Gaining Board which Are here as nice Ill- amended from time -to -time which are hereby incorporated by reference into this chapter, 7, 'Time licensed premise shall be video recorded pmrsuani to ecchon4 -fiD- 13(11). Any violation of this section shall be cause for the immediate suspension of the liquor license for the licenses) premise_ And such snsptuni on shall rertuin in effect until the licensee demonstrates that it is in full compliance with this section. Any licensee that has had its licensed revoked or suspended by the Village of Morton Grove, Or by the Illinois State liquor Control Commission or has its video gaining license revoked or suspended by the Illinois Gaming Board shall automatically have its Village video Som iqg terminal permit stickers revoked or suspended for the same time period as its liquor and/or gaming board permit sticker suspended whichever the case may be. 10. F_very ridge gaming torninnl that does not have a valid video gaining terminal permit sticker issued to the )village of Morton Grove or the Slate of Illinois operated in violation of this scchon 01 is othenvse 'mile *pit shall he considered a gambling device snbleet to seizure and chap be tared aver to the Illinois Gaining Board in accordance with Board regulations and applicable laws mules othembac ordered by a court of competent jurisdiction_ 4-6D -15: PROHIBI'LED CON UCT: A- No person shall gamble and no licensee shall Per it gambling on any licensed premises except where arch gain 11 ling activity is permitted and licensed by state statute and is Coll dncliff under the rules and I c sale hons provided by the stat e. for that particular type of gambling activity. B. No person shall peddle alcoholic liquor in the Viliaga C. It shall be the responsibility of the licensee to ensure the conduct and netivities of any employee having a disease oe medical condition ,shall be in compliance with the ordinances ottire Village contained in title 8 of this Code regulating employee bealth in food service establishments - D. No licensee shall directly or indn cork, give of deliver alcoholic liquor to anv iniosicated person or to any person I:nown to hurt to be an alcoholic. E. No person 96111 IeuYgv rt, Carty, pocsecs or have any alcoholic liquor in, upon or about any motor vehicle, except in the original package with the seal 11111ho . F. No person shall drink or eonsnnme alcoholic liquor hr An are, adiamnt to a licensed premise, inducting the parking area, Orin any public right -of -gray. G. Any owner of licensed premises m' any person fttxn vhom the licensee derives the right in le ession of such premises, or the agent (if such owner or poison wile knoerote)) permits time licensee in use said licensed premises in violation of the terms of this chapter shall be deemed guilty of a violation ofthk chapter to thesamc extent as said licensee And besubjivf to the same punishment- 5B 59 H- f"vere act Or Omission of any noture Constituting as initai or of an; of th prorisitus of fire chaplet be anyofiicte director, manager, or oiler agent or ca, oyee of any licensee ,shall be deemed and held to be the. Ciquor Control Act of ¢ro h employer or licensee, and said emylose or hccnsee sliall be puishrblc in the same minuet as ifaeld act or omicfon had been dive or omitted b} him pcvsonally_ L No licensee shell discharge or in airy ray retaliate afnii+st any person, because tile person reported a violation of any proision of this chapter to the local liquor eonhoJ c<mmissfon or other law enforcement official. It J, No person shall offer anything oft, -line to any Villsge official of emplovice, directly or indirectly, to influence the issuance ofa license or the enforcement ofany provision of this Chapter, K No licensee shall deny orpemiit his agents and ¢mph, ee to deny. in violation ofany federal, state or local law soy person the fhit and equal enjoyment Of tile nccrrnmodations_ ado ounfoges. facilities and par, ileges of ant premises in which aicoh he hgnore arc uthmizcd III be sold Subject only to the Conditions and limifntions ectghlished by law zinc] aPphcable alike to all ahzeas. L No person except a manufocturcr or alcohol dkilibufor or importin alcohol distributor. that l fil l or refi l 1, in who Ie or in part, vi, ,fins) Pack' c '19V of alcoholic ill ttor with rho scone or any otherkind (it gr dtt falcohol c liquor, and it shall he unlawful for any person to have in his 1 oescssion for sale at retail any bottles, casks or other w hones unmeaning alcoholk hqum, except m original packages. M. Safety pmvkhrm: A licensee shall lint permit the use of any pyrotechnic device within its licensed III Boise. without the prior aafla rvatrnn of the Il IJack state ill e marshal, or the Village fire marshal orhis designee A(icensee, or any egen[or enploycerfile of Jdat licensee, ntiry not use Orp lanit rnace, PulTer spray, or any other toxic air - released compound within its licensed premises. Violation of this subsection Ml by any he enser or any nploycc or agent of a licensee is a class 4 felon,'. No person mayimpecie anyperson who is attempting to exit a licensed premises due to an emergency that constitutes a threat to the health Orsafefy ofpercons within the licensed tuemisas. For the parpose Of this section, file teen "impede a person who is attempting to Cott inchalCS ph) ideal ly rest)mning the person (IF bLeking or locking an exit while the licensed Premiseq is oPen to file Public. Violation of this subsection M2 is a class q felony. A licensee ofa licensed premises with an authonzcd capacity "fill ]Cast two hundred fifty (250) Persons, as Set by the state fire marshal, the fire chief orhis designee or as Set by local ordinance, whdches-er is ]on cSt, most place a panic bar on each exh of irs licensed premises A Ii( ensec of licensed premises with an authorized capacity If at least five hundred (400) persons that conducts if,e ell tertaimn ell t within its licensed premises mast, before the commencement of the lice catchonment, make 60 all mmounccrnent to tilePotio¢s oftbc licensed promises that gcucrally info..... those pahnns of the locations of exits and fire c, capes at the licensed prell iscs, N, HePM hours prohihitcd: No retail licensee or employee or agent of such licensee shelf' EL Serve two (2) encore drinks of alcoholic liquor at one time to olle person for consumption l} that one person except Conducting product sampling as allowed by law or setting or dot. Bring wine by the boll le or curate_ b. Sell , offer to sell or serve to nay person an unlimited number of drinks of alcoholic liqu rdnCng any set Period oftime for a fixed price, except at Private functions not open to the general puhlic: C. Sell, offer to Solt or acme any drink ofalcoholic liquor anyperson on any one date at a r o dnced price other than diet charged other pm ¢has ss of drinks on That day w 'lute Such rcdoced in is a promotion to encourage consumption of alcoholic liquor d. ["("core the v corre of alcoholic bm .r emtamccl in a drink or Nix size of J; Ofafenhol c li tam, nfth n i fncr �ssngl r Ina houstefo the price regnlnd} charged for the drillh nn that dsp *; C. Fnminage orpermit, nn the licensed premises, any genre or contest cs$tich invokes drinking alcoholic liquor orUcc awarding of thinks conlcohnfic liquor as prizes for suet game or contest oil file licensed premises; or E Advertise or pointer, urany we) 7 whcthcr on or off the licensed premises, one of theprnctrces proluMmd under SWISeetions N l a through gh NJ e off his Nothing in subsection NI ofihu section shall lie conSt ued to prohibit a licensed from: a. Offering free food or entertaimnent at auy time b, la- luding drinks of alcoholic liquor as part of n meal package; C, fnchrding drinks Of alcoholic liquor w part of a hotel package; th Negotiating drinks of alcoholic liquor as part of contract hetweei a hotel or multi.. c estahlishmCnt and another group for the holding of any function, mectmg, convention or trade show; providing morn service to persons renting moms at a hotel; 61 Sell in pircliloz for the criinh, clear, inch, d i or, but not li led t_ hackers), carafes, or bottles of nleohohc liquor whreh are custom Wily sr Id in such manner anal delivered to tvo (2) onnoreperdons at one tile; or Increasing pros of drunks of alcoholic liquor in hers of, is whe-le Orin par, a cover charge to offset the cost of special entertainment not regularly scheduled. All licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. (Ord. 06 -20, 6 -12 -2006) 4-6D -16: PROguBPTLD CONDUCT RELATING TO MINORS: A. No person or licensee nor Too, - of {eer,associate,membet, regiresentatice , agent, or employee of such licensee .shall sell, give, m deliver alcoholic liquor to any person ,order the age of Twenty one (21) years. B. No person or licensee norm officer, associate, member, representafivC. agent, or eenpinyee ofsuch licensee shall cell alcoholic liquor to any potion _the appears to beunderthe age of thirty -five (35) without first requiring said person to finrush a v --alid State of 111inois picture 1D, or driver's lirense or I JS passport. (Ord 12 -o9, o-1 -m -12) C. No person tinder the age Of twenty -nee (21) ycars,shatl purchase, obtain or consume alcoholic liquor. D. A licensee shall displ n}' a sign it the licensed premises at all limes in a prominent plan;, which shall read substsori all}' as to) Ina, ' WARNINGTO PERSONS UNDER ?I YEARS YOU ARE SUBJECTTO A FINE OF UP TO ONETHOUSAND DOLLARS (S 1;000) UNDER THE ORDINANCE OF THE VILLAGE OF MORTON GROVE IF YOU PURCHASE ALCOHOLIC IAQUOR, OR MISREPRESENT }-OUR AGE FOR THE PURPOSE Of PURCII ASING OR OB 1'AiNING ALCOHOLIC I Pit 101). ALL UNLA Wl I II At I EMPTS 10 PURCH 1SP AL UGHOL SHOT B: D BE P FPOR'FFD'1-0 TFIE MORTON GROVE POLICE DEPAR FL NT817- 470 -5200 E. No person shall pcnnit aoy person under the age of hventy one (21) to he or remain at auy es lbief nicnt where the sale of alcoholic lignor is the principal business unless accompanied by his or list parent or guardi:m, or any lay fill employee eighteen If at years of age or older No parent or guardian shall permit his or liar chi Id to v to] aic any of the provisions of this section, G. No person under the age of m enty one (21) rear; shall falsely represent that be or she is at least twenty one (21) pears ofage or present or offer to any licensee, his agent or employee, 62 any proof or evidence of age and identity that is fl e fraudol nt or not actn Ilr his or her of m for the propose of ordering. purchasing, ateeelp hag [o pm chase or others use procuring or attempting to procure ato alcoholic bey- ernge. IF No person tinder the age of twentyOne(21) years shall hive in his of bar l><nssession an}' false or ftaudulenf written, printed, or photostatic eesdence of age and identity. 1. No person ender the age of eery one(21)years shall bare any alcoholic liquor in his or her possession On auy street or high"ay or in any public place or in any place open to the Public, tmtess such person is taking a delivery of alcoholic liquor in pursnnncc of the order of his or her parent L No person shall rent a hotel or mnlel roam for the knosHedgc that suchroom shall beused for the consumptim ,ofaIc hsIicliquorbyaperson undertheage of twenty one (21) years. K. No parson shall permit a person under the ace of hvenhe one (2 1) to consume alcoholic liquor at his residence or property A nil soft is deemed to violate this subsection if lie knmv ,oily tall her 17 enahles,or permits his pr)perta• to be used for the consumption of arc hohc liquor hs a Pei under lineage of hventy one (21), or by failing to control access to either the residence or Ilie alcoholic liquor rim n gin-d in the residence. L. No parson shall huvcalcoholie liquor in his or her possession on pnblie school district property on school nays or at events on public school district Property when children are Present unless the alcoholic liquor is in the original urn, niner vv tilt the Real unbroken and is in the possession of a person who is not otherwise legally prnhi fined from possessing the alcoholic Aquor, unless the alcoholic bgnor is in the possession of a person in or for the pedonnance of a rehginns service OF ceremony. M_ Nolicensee shill pcnnit any cmplovec or any person under the age of Beet}-one(21)to sell serve, handle, drew, peer, or mix any alcoholic labor tie the licensed premises_ N. The possession and dispensing, or consumption IF) apoison order hr enty One(21) years of age of alcoholic lignor in tire pelforrnnnee of a religious senZce or ceremony, or the inns ou'don of alcoholic liquor b}' a person under iv -ant)' one (2 11 vents Of age under the direct super vision and approval of a parent or gnmdrnn or person standing in loco parentis of such Pei Son under heCnly one (21) years of age in the pro acg of home, is not prohihitcd by this chapter, (Ord 06 -20. 6 -12 -2006) 4- 6D -17: DECLARATION OF NUISANCE: Every lot. parcel. or tract (If hard; and every building, structure, esfabhshmeni, or Plate C� haosoevec together n'ith all fill it tire, fixnotes, and om Ill enis located Iliei eon, is 1) ms unlawful sid e of alcoholic 9gnor is conducted, or wherever' alcoholic liquor is kepi, stored, cc,,cealed, nlloTacit or intended For illegal_ sale or is or is tohe so] fl, disposed of or in any other mannerused in violation ofany of the provisions of this chaptcy or any place where alcoholic Liquor is sold or sen ed and which is also used for illegal purposes indudtng the sale ofunlaw$d drugs. lewdness_ or illegal gambling prostitation, or is notcFivise detnim ental to the peace aitd well being Of tilt neighborhood is declared 63 to be a pnhlir role nno'e mad shall be abated and may he enjoined as provided by the Village ordrm,rccs and law_ of Ibis state for the abatement of pnhIic Or minces. (Ord 06 -20. 6 -12 -2006) 4- 6D -18: EMERGENCY CLOSING: A. Ifthe hqure c mmisKio ner has reason In hedieve any continued oponolden of particular licunqed priervzole wlll fill Peters the welfare of the coma ity he may, upon the rssnaw c of a ro utlen order stating the reason for such conefusion and Vo *thous notice or hearing, order the licensed premises closed for not more than seven (7) dens, except that if such dionVeV shall else be engaged in the conduct of another businec� or businesses on the licensed premises such Older Shad riot lie applicable to such ether bit sill ess or hrtsinessm The licnrsce site]] he given an opportuniv to be heard during that period. E. The Chief of Police upon the issuance Oft wri(lell order stating the reasons therefore. Without notice or ktearing, may order a licensed premises in be closed without a heering for a period oftwenly four 124) [)curs if tile prcnuses was the scene of disochance invohsing Plury or threat to anyperson or the use of fireexle of if the premises combines a crime ,scene and such cloaing could prercnt the loss or deehuetio l of o, and feminine a Police Investigation, for rip to revert (7) dne or longer ifnecessap topieserve the integrity ofevidcn6aS collection procedures. (Ord. 06 -20, 6 -12 -2006) 4- 6D -19: PROCEEDING BEFORE TILE LOCAL LIQUOR CONTROL COMMISSIONER: A T lie liquor emnmrssiner, after conducting an rotor im ITrtrve hen ring may revnke or suspend un hmnsc is�ad by hhn or imp a fine neon a license, if he detenn ines cause exists for such action by a prepnndernece of the evidence. E. Any residtot(s)of tile Villagemayftle a complaint with the Chief ofpolice station any licensee has been or is oinIIfing the pmv kin ns "I it chapter. Srich complaint shall he in writing and shot]] be signed and soeorn to by Ilre portico complaining. The complaint shall state the particular provision, noIe or 1 eg~-ila6rnt believed to have been vio]atod and the facts in detail nl on which belief is based. If "is Cldef of police is satisfied the complaint sulzctanha]ly charges a violation he shol7 wnduct an invesligttion_ if, if el, conducting an in v estigahon. the Chief c f I olive has reason to believe a, ifil at ion did occur. ]re shall refer the matter to the liquor commissrucy vo be sit II conduct a heanug to determiec whother action should he taken egntnvt the ]icon ec m necord el e with this sechion. C. The folk n m ] re redure. .hall apply (r ell ]'ratings and rehearings for the merenston Or revocation oflice ses, or unp s tans Of lines by the liquor commisstowr or to I co fee au Order for an em.,rgeney cl sag, or a demo] ofa icque t for the issuanee, transfer or I- cc at of a license_ I . All hearings shall be open to the public 64 2. Except for hearings related to emergetsey closures, all licensees fond persons charred with a violation pursuant to this charier shall be given at least a three (3) day written notice of the proceeding affording the licensee or such person an opporiunily to appear and defend. This notice proeisiou may be wai�-ed by the licensee or tithes Person so charged. 3. Notice of the hearing may be sensed by personal delivery to file person an charged, or the licensee orhic m tnnger, by certified mail In the known eddies of tile licensee or person charged, or to tile, licensee III posting en the licensed premises. 4. A certified official record of the proceedings shut] be taken by a certified core t reporter or certified shorthand reporter. S. Irrelevant, immaterial, or unduly repetitious ecidcnee may be excluded_ 6. Themles of evidence and privilege as applies) it) civil cases in the circuit courts of hlinois shelf he generally followed. I Imo ever, eridenco not admisnhle under such rules of evidence may heodn brief if it is deemed reasonably reliable by fire Iignor - comma ironer. r. The liquor commissioner shall reduce his finding to writing_ R. 77te Iigner cmnmissioner shall within live (5) days an such hearing If Ile detemnne after such hearing the License, sheriff he revoked or suspended or the licensee ..hoard be tined, state the reason or reason -a for such detemrinottion in a written Order, and either the ammurt of the fine, the period of,snspcnsimr, or the license has been revoked, find shall Selo e a copy of such order .within the five (5) days upon the licensee by regular maul to the licensee's or person's last knoo;m address, or to the licensed premises, pmlure III follow this provision shall lint constitute a jurisdictional defect end shall net impair the legal effect of or enforcement Orono miler issued by the liquor commissimrer within any reasnnahle time after the hearing. In the event the liquor control commissioner shall find of person or a he°Cnsr— guilty ofvio]ahng +n) provision ofthis chapter, he may: (Ord. 06 -20. 6 -12 -2006) a Levy a fine en the person or licensee for such violations. The 5ne imposed shall be in accordance with title I, chapter Of this ('Ode Each day on which a violation continuc8 shall woof oIIle a sepmatc violation Nut more than fiReen thmrsand dollars ($l s,000 ,go) for lines under this section may be imposed against 1113 licensee daring any annual period of his license. Proceeds frmn such fine = shall 1 e paid into the general eoipoi ltefimd of the Nnnmipalt iq-_(Ord_OR- 22,5 -12 -2008) v In addition to any line, order the snapeoslon of any license for rip to thirty (301 da }-s. During env period e,1 nspensioq the licenme =hill moors all ale hohc liquor from the premises, or with the seritien consent of the, liquor commissioner, fanlMil said alcoholic liquor from public vices. The licensee 65 shall also prominently display a sign provided by the hgnor ccm miasionin which shall advise the PINK dial. the sale 01 alcohol is pmhihited during the period of vtspeision; C. In addition to any fine, or the revocation of the license. Unless specified otherwise, a revocation shall he entered as to the licensee only and not to the licensed prcu uses; d In addition to or in lieu of any fine, suspension, or revocation, order the licensee to sucMssfiully complete all alcohol sales and service training Program a. In addition to am fine, suspension, or revocu mn, order the licensee to pay reasonable attorney fees incurred by the Village E In addition to any fine, suspension, or revocation, order the licensee to pa}' construable costs incurred it the hearing, including court ITon tees, police personnel and inspector fees_ D. The afot e aid proceedings and sanctions unposed by the liquor commissioner are not cxehtsiv0 and shall be in addition to all other rights of proseeotion, actions or remedies available in the Viliaae, state liquor commissiom and the state. E. Any order or action oft he liquor eommissinner levying a fine or rofitsing to levy fine no licensee, granting or refusing to grain a license, revoking or mspending or refiisinp to revoke or suspend n license orrefirsing for more, than that}' (30) days to grant a bearing upon a eainplainl to revoke or suspend it Iicerlse inav, within twwnt) ( ^0) days after notice of such order or eating be appealed by mty imcresfed person 01resident of ill- Village of Morton Grove to the state liquor eo ioldre n l subject to the following: Except as rrm hied in snbacetimu E" 1 of this section, in all -case where a licensee timely appeals to the state inner commission from an order or action of the liquor commissioner having the effect of suspending or revoking a license, or denying a, renews) applicatloq the licensee may condone the op-onion ofthe licensed business pending the decision of the state liquor commission and the expiration of the time ellmved for an application for rehearing. I3xeeptas provided in sohsccdon E3 of this section, ifa all application for rehearing is filed, the licensee roar continue the operation of tine licensed business until the decision on rehearing( In any case in which a licensee applies for a rehearing or OPPeals to the state liquor commission it suspension or revocation by a liquor conunfasioner that is the second or subsequent such suspension orIT," anon placed on that licensee within the preceding twelve (12) month period, the provisions Ofsobsections F. i and E2 of this section shall not apply, and tire appeal or rehearing shall not stay the order of IIle liquor commissioner. Dining the Period of suspension Or nsvocation or unlil the state liquor commission or the order of the liquur commissioner and all rehearings 66 have concluded. or if none, upon the expiration Of the tittle allmr ed far an application fir redrawing, the licensee shall remove all alooholie Indoor ftorri fire premises, or with the written consent Of the liquoi ccmmissienc5 conceal aril alcoholic liquor pram pu hl is view- Duringsaid period, the licensee shall alw Prominen6y display a sign provided by the liquor mom issioncr which shall advise the public that file sale of alcohol is prohibited_ An appeal of any decision of the liquor commissioner shall be limited to a review of tine official record of the proceedings - A certified official record of the proceedings taken and prepared his a certified court reporter or certified shm'thmd reporter shall be filed by the liquor commissioner within five (S) this after notice of the filing of such appcaL provided the appellant licensee pays for the rest of the transcript. I lie state liquor commission shall reeiev the propriety of file on der or artinn of the liquor commissioner subject only to consideration of file following questions e. whether the liquor emnmissimcr has proceeded in a lasrfin manner: sishethcr the order is _supported by the findings; Whether the findings ore supported by substantial evidence in the light of the whole record The only evidence which may be considered in the Tel low shag he the evidence found in the certified off vial record of file proceedines of the liquor commissioner. No new or additional evidence shall be admitted or cmuidered. The state liquor commission shall render a decision aRnning, reversing Or modifiing the order OF action reviewed within thirty (30) days Tier the appeal seas heard. (Ord 06 20, 6-12 -2006) 4- 6D -20: VIOLATIONS; PENALTIES: A- The Village oflvlorton Grove Adminislninc Adjudication Hearing Officer and'orthe Circuit Court of Cook County are authorized to hear and determine proceedings against ntny person for violations of this chapter. No person shall he charged or prowculcd for clo, violation of this chapter if lie is a law enf llvcment officer or an agent ofthe, (']list of Police in the hive trune n rx enforcement of the provisions Of his chapter or the Liquor Cirund Act and his activities are approved in uniting by the Cook County state's attorney, the director of state, or the, Chief of Police of the Village. C. Any person who sells alcoholic liquor at any place within the Village of Morton Grove without having first obtained a valid and current license to do so under the provisions of this 67 chapter shall be fined ut accords... x nth 'rifle 1, Chapter of this Code. Each day oil which a violation continuos shall eonstimte a separate violation. CHAP IER 6 ARTICLE E. SOLICITORS, CANVASSERS AND PEDDLERS SECTION: 46E -1: Liccnsing Procedure for peddlers and Commercial Solicitors 4 -6E -2: Standards of Conduct Required 4 -6E -1- LICENSING PROCEDURE FOR PEDDLERS AND COMMERCIAL SOLICITORS: A. Application Requirements: All peddlers and commercial sohicions shall, prior to engagnng in the same, register with the police department by filing a uaitten application or foots fmniahed by said department, which shall contain the following information requested on the application' 1. The fulLrame including middle initial, dale of birth, address, telephone number and social security number and driver's license, if applicable, of the registrant. 2. the regolood's local address and the address of place of residence during the past three (3) costs if other than present address. 3. �"Ile naren' addresses, and tcicphnnc anmhers of at least two (2) references loon led In the metropolitan Chicago area who can give aemarate mfmmation as to his business or charitable activity, honesfr and integrity. 4. A brief description of the nature of the hnsiness in which he is engaged, and the kind of torporh to be sold or orders solicited 5. Name, address, and telephone numberof tile person ithich the applicant k employed by o'represents, and the lens lr.fume ofsuch employment or rcpr sentatinq if less than three (3) years, then the names, addresses, and telephone numbers ofsnch employer for the past three (3) years, 6. If a vehicle is used, a description of same, together frith a current registration number issued by the scsretmy of state of such vehicle or inch other identification as will serve to identify the vehicle and it owner, togctherwith a certificate of in surance evi d coring into pullic I nabs lily inset an c• it ifh Iimits of not less than one hnndred tht nsand dollarsAhree hundred th(a mud dollars (5100.000 00'5300 000.Oo) to bodily col In and Coo hundred tienrojed dollars l¢ 10goo0on) on pmpertl' doontr9c ol Ili for te and shalln onnous iy m "in fa in Scott insnrnnCe dining the period the bcemeis in effect 7. OnePhoton, nph, mrpphed by applicant. ux ovo inches by hvo inches (2" x 2'), taken eithm the last s'xly (60) days, shoo ing the head and shoulders of the applicant is a clear and distingmishable manner, together with a physical description Of tile applicant 8. The period of time for which the ,rtif afeofregishation is requested,which ill no event shall be longer than su (6) months, the horns ofhe day that suelr function will be performed, and the approximate area within the Village when the peddling or solicitation will take Place. 9- 1lie date, or approximate date, of tire latest previous application for eortifieafe of registration ender this Code, if any. 10. A list of all licenses to conduct hnsiness ac n peddler, so] idfor or air itinerant vendor obtained b)' ill e applic aI in the State of Illinois in the Et else (12) in old! Its prior to file date offiling of the application. 11, A stafemeN whether a Celli Fcate Ofregistonion under this Code, or ant similar ordinance of any Municipality, has been reeked. Ifs., stateIll I details. 12 A statement regarding say prier con v red on of or proceeding fora r to] fill in of any federal or state lase of any r in] all on of the ordinances of the Village, together with the dcolik of any, such eonviefion or proceedings. 13. A statement granting tire police department pernnission to fingorprinl the applicant and check on the fingcrprmts with official souroes- 14. A copy of the applicant's certificate of egietrnti on un d el the retui l ers occupation its act, ifappliwble_ 15. .A complete inventory of the goods the applicant intends to offer for sale, if applicable 16. Any additional infortnation the police dcparinrmrt oche director of finance /treasurer may diesel necessary to process file application, inchrdins but not limited to. detailed infom mon of tile ow-ncrship and management of the organization or tympany emplo)n gapplicant, B. Fingerprinting: The police department may take the f agirprinis of the applicant sad Ilse the fingerpnnta to check the infomatiot controned is the official records maintained by various governmental units concerning same. C. Process Fee: Each applicant shall pill' to the police department a ffe of fifty dollars (550.00) for flip handling and lmcessing of qlCh application, D_ Records -T lie police dparbneat'half maintain an accurate record of cvery application received and noted upon logether.ejib all other information and data pertaining thereto, all act ii 6catcs of registration issncd undoa the prosisions offhis section and a recoil of tile denial of applicants. 68 69 E. Police Department Action: After considecali(in of the applicaton and oli information obtained rehire thereto, the police department shall register the applicant as a peddler or solicitor, if it determines the applicant has the qualifications and tneets the requirements of this code, and a0 other laws and ordinances- If not, the application shall be denied, and applicant shall not solicit or peddle in the Villagc. The granting or denying of the application shall be endorsed on the application. E Denial of License: In addition to the mquirement of Section 4-0-4 no license shall be issued to any person mho has been convicted of a fdony or a misdemeanor order the laws of the State of Illinois, orally other state or federal law of United States within Fve (5) years of file date of the application; nor to any person who has been convicted of a violation of any of the prow criers of this chapter or the ordinances of any other Illinois Municipality regulating peddling or soliciting; nor to any person whose certificate of regish ation issued hereunder has previously been revoked as herein provided, nor to any person vvho has unpaid fines, fees of other financial obligations outstanding with the Village The application shah arm be denied if the pollee department shall determine first the purpose of the peddling or seliciolion is illegal_ improper, or the employer or principal of the peddler or solicitor is an illegal of mpwper person or organ. zabon. G. Exhibition of Badge: The registrant at all tinter while Fruit ing or soliciting in the Village shall display the badge conspicuously on his cuter garm cats. H Fspiretion: The certificate ofregistrilion and bridge affair state file aspiration date thereof which shall be not more than six (6) months Prnm dale of issuance Upon completion of peddling and'm' solicitation, or upon the expiration crate of the certificate of regrnotion, registrant shall refill fortbwith to the police department the badge. L Revocation: in addition re the hi sir for license relocation as set forth in 4 -4-9, a peddler's of solicitor's license issued hereunder may be revoked by the police department or corporate authorities if the holder of the certificate is convicted of violation of any of tile provisions of this chapter, or any other law or ordinance, or ceases to possess the qualifications and charteer required for registration hereunder, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of legislation under the terms of this chapter. immediately upon such revocation, written notice thereof shall be given by the Police department to the holder of the eeltifieate in person or in certified and regular United States mail addreoscd to registrant's residence address set forth in the application. Immediately open the delivering or mailing or such notice, the certificate of Iegistmiion shall become mdl and void. Soliciting without License: If any solicitor or peddier makes o attempts to make a retail sale without having obtained a license tinder this chapter, the police department may hold the inventory, vehicle or other persell a] property of the person until he obtains ell licenses to conduct such business as required by law. If tilepmperty has been held b}' the police department for more than sixty (60) days and the Person w ]loan property is being held bas not obtained all required license, the Police chief or his designee, era} title) tensonable notice to the solicitor or peddler, petition the circuit emu) of file Village's Adjudication Heating Officer for ui order for the sale of the Property being held_ if the court or the Heating Officer finds that the person whose property is heN has no! obtained a license ender this chapter, the court er Hearing Officer may order the Village to sell the property. 70 Proceeds of tile sale of the property shall be used first to jvy all fines assessed against the solicitor or peddler, Ibell to notion" se the Village of the reoaonable expenses ofstomsee and sate of the property, including attorney fees, and the balance shall be deposited in the h'easrre of tine Village. and may be paid over to the solicitor or peddler if his current address is now to the Vintage. 4-6E -2 STANDARDS OR CONDUCT REQUIRED: All peddlers, solicitors, canrassers and persons, whether roquired to register or obtain a license tinder the Provisions of this chapter or not, shall conform In the follon`ng stuidas'ds of conduct: A. Noise Restriction Stich persoo shall condvet hunsell'or hesselfat all times in an oderly and lawful manner, and shall not make, or cause to he made, any loud or obnoxious noise of such volume sufficient to disturb the peace of tile residents of this Village, if any. B. Disclosure: such person dml.wuntil a reasonable time, at the residence of a buyer or Prospective buyer, elesrly reveal the product he or she is selling the company he or she represents, and the cxact ITT fee and conditions ofinoposed sole. Charitable organizations, when asked, Tale t disclose the amount or percentage, of the craft motion retained by the fimdriiser and the amount or the per ecouge actually going to the charity. C. Contract, Of der: Such person shalt, at the time of taking of any order for the purchase of the product for which he ar she k o4icRPng or Feud ling, deliver to the purchaser copy of writtval order or receipt which shall set forth in language that is clear and free of amhiguily: I. All terms and condltiona of the sale, with specification of the total amount the purchaser will be required to pay, including ail interest, service charges and fees, and other costs and expenses. 2. 'The name and address of tile solicitor or peddler or the tine represented. 3. A clear statement whether the correct or negotiable instrument signed by the Furtherer in connection with the sale may he sold or assigned by the. seller to a third Party. D. Adherence to Terns: Such person shat l strictly adhere to the terms of the imfitation or lack Of invitation in accordance with this chapter and the Failure of such panon s tO so adhere shalt constitute trespass Ili recut danw with the provisions of This Code. La Location: No person peddling or soliciting shall have file exclusive right to an7 location in Ole Public streets, sidewalks, or alleys nor shall am person be permitted a stationary location, nor shall any person he p orrited to Operate in any congestcd area where his or her operations might impede or inennvcnieace the public, the pubic safety. or contribute to the creation of traffic obstruction, hazards, nr congestion. For the propose of this chaptu', the judgment of Village police officer, exercised in good faith, shall be deemed zonclusrve as to whether fire an ea is congested, or the Public impeded or inconvenienced, or the public safety is impaired, placed ill jeopardy. or traffic obstruction, hazard, or emigration is created 71 F. Flours No person shall go upon any r Sidoncc and bohavein am com calculated to disturb 4 -6F -3: BUILDING, PRE AITSES AND the occupant of such n esidence, or go upon any residence withonl an Imitation for the the REGULA'TTONS: purpose of sacoring an "'djencc with the occupant thereof FT101 to time o'clock (9:00) A.M. A. Storage: Storage of motor fuels shall be in underground tanks. No individual underground or after eight o'cloel( (8 00) P.M. No eommereia Lsolicitor or peddler shall go upon the tank shall exceed twelve thousand (12,000) gallon enpnciiy, pilanists of any residence w9thout nn urrtation for file purpose ofeuuing an audience 11 k the occupant at any nine on a Sunday or oil a stale or national holiday. B_ Setting of Tanks: G. Fraud. It shall be rr lnnfill for any person to cheat deceive, or fraudulently misroprescn(, I. Tanks shall be set as required by the fire prevention Code and NFPA 30, "flammable whether duongh him dfrn her self or through employee, as a peddler or and wmbusfible liquid, Code ", as adopted by Section 9 -1 -7 of this Code. g cods, erchinng solicitor m fhe Pllage or to barer, sell, orpeddle any goods, merchandise, or wares outer than those specified in his or her license application. (Ord. 05-316 13-2007 1 Tops of tanks shall be below the level of any pipnrg to which tanks may be connected CI FATTER 6 3. 1 arks shall fell be installed under any building or structure. ARTICLES. SERVICE STATIONS C- ClearanceR -quir -: SECTION: I . To Sea ors And The Like: Individual tanks of a capacity up to to 0 thousand (2,000) 4..6F -I: Rules and Regolations Adopted gallons shall be buried on that the lops of tanks shell be lower than the bottom level ¢6F -2 License Required of all sewers, manhole catch basins, eeaspook septic tanks, wells or cistems within 4 -6F -3: Building Premises and Equipment Regulations ten feet (1(T), on or off tile property; or links shall maintain a hill clearance often 4-6F-4: Use Restrictions, Prohibited Actions feet (1() Ihetetn- For individual finkswfill a capacity of Wrote than two f lime sod 4 -617-5: No') Filling Station Regulatious (2,000) gallons and rip to six thousand 61000 4 -6F -6: Bulk Sales Prohibited feet (20), For indi idual tanks of a capacity of moire than six thousand(6,000)carty 4 -6F -7: Self Service Station Regulations gallons and rip (o hi eh'e thousand 12,000 d ( ) g: loos this distance shall he twenty five 46F -8t Sign Regulations feet (25'). The term ' sewer" includes newer hie unit of building Provide d, 46P -9: Penalty however, that these clearances shall not be required to a sewer Tine out of station if Stich Sower line is conshucted throughout ofcastiron with liquid tightjoints. 4 -6F -1: RULES AND RC GULA77ONS ADOPTED Rides and reirdatioliq relating to 2. 7o Special Classes of Property: Tanks and pumps shall maintain a clearance of not the storage, ban portalion, sale and use of the gasoline and r r biblcoil q, as adopted less then eighty five feet (85') to any school hoese, hospital orplace of worship. The by the Illinois department of lea enforcemenl, pursuant to authority granted and the law prescribed distance shall be measured fmm near to 430 Illinois Compiled Statutes 20/1 Irrosenfring the role' and label for gasoline or benzyl 1'oin*a ofianhs to ncarpmnts ofbuhdings. receptacles are herein adopted by reference. (Ond. 92 -16, 3 -23 -1992) D_ Sump: A sump shail be installed and eonf aria to the requirements set out ill the Iides under general Storage of flamnrlble liquids of this Code. 4-6F -2 LICENSE REQUIRED: E Building: A. It shall be imlaefill to coduct or opce"tet service station without hl mg fist obicined a I. No hascment or excavation shall bepetmined under license therefore Th ti e an of feeforsuch license shall be as provided for in Title 4, Chapter 3 of this Code. envservice station building. 2 Floor level shall be above grade so as to prevent flow of liquids or vapnis join building. B- No such license shall he issued nNcc the location and equipment to be used fiill }' comply with the ordinances of flle Village, (Ord 92-16, 3 -23 -1992) E Cren- SingPits: 1. Bvevy greasing Ent installed in a building or enclosed by three (3) or more walls, shalt be veatildted by a vent duct not less than six inches (6") in diameter (or equimleot 2 unss secGOn area if it non(ircular duct is used). Duct shall start within font inches 73 (4 ") of the floor and shill extend on at' upward diagonal or by an easy bend ever to sidemnll, thence stmight rip through roof to a heighl sufficient to draw off gasoline vapors which map accamn a Ietc at file bnnom of pit. Abrupt holds must he avoid-d and alt joints must be tight- Floor of pit should pitch slightly toward comer where duct is located, to facillcl eflow• ofgases to duct. 2. Gasoline or naphtha shall never be used to clean out any pit, whether pit is located within a hill Iding or enclosure, or outside in the open 3. No saver connection shall he permitted from any greasing pit 4. Electrically lighted wiring shall be designed for class 1 division I hazardous locations. O. Washing and Greasing Room, If sewer connection is made, ac adequote III 'ease trap shall be provided to intercept grease and oils, Trap shall be cleaned out at least every thitTy (30) days. IF General ClcaNineas: prenures most he kept clean and neat, free from mbbish or trash. (Ord. 92-16,3-23-1992) 4 -6F -4: USE RES IR,ICI'IONS, PROHIBI'PED ACLIONS: A. The fuel tank of no motor vehicle shall be served until motor and ignition has been shat off, B. Smoking shall not be pernutted on premises at in) time. C. No open lights or name shall fie permitted except witlan a stove within the station building D. Cleaning with gasoline, naphtha or other highly flammable liquids of classes l and 11 (as defined in this Code under Flammable liquids) shall not be perm incil in or around service stations. (Ord. 92 -16, 3 -23 -1992) 4 -6F -5: NONBUSINESS FILLING STATION REGULATIONS: Any person maintaining or nperating any storage tank for fret for the use of vehicles of the owner, lessee, employees oragents ofsech person, shall comply with all of the proc isions of this article other than the requirement for the payment of a fee. (Ord. 92 -16, 3 -23 -1992) 4 -6F-6: BULK SALES PROHIBFI ED: No motor fuels shall be dispensed at any service station except into the fuel tanks ofmotor vehicles, when such tacks are connected with the carbonation slstem of such s clucks; provided. h(wever, that individual sales up to six (6) gallons may be crude in metal let of ea les when painted red and labeled in full conformity with the Illinois red can gasoline lass such individual sales to be limited to six (6) gallons to any one person (Old.92- 16,3 -23 -1992) 4 -6F -7: SELF-SERVICE STATION REGULAT7ONS: A. Ltcenses Required: It shall he unlawful for any person to conduct or operate a self - service station without holding current and valid self -sen ice liecuses therefore- It shall be unlawful for any person other than an oil net or employee of owner to operate or use any motor fuel dispensing equipment at any service station except at a service station which holds a current and valid self-service license. B. DkPonsingDeices: The installation or use of unattended self- service dispensing devices for motor fuel of any kind is prohibited C. Dispensing Exception: Dispensing OF class L. 11, Or III liquids at locations not open to the public does not require an attendant or supervisor. Sue], locutions may be used by commercial, indnshial, governmental, or manufacturing establishments for fircling vehicles used in connection with their busmecses. However, this shell not include private fraternal clubs or associations. D. Approved Devices: Fire Only dispensing devices that shall be used in self - service stations are devices which have been prcvnmety approved b3 Undern ritere Laboratory, Factory Mutual Testing Laboratory, or other independent testing laboratory approved by the fire chief of the Village. E. Code Compliance; Operation o! sel f-service sta lem 111,111 complywith NFPA -30A, "automotive and marine service station Code ", adopted in Section 9 -I -1 of this Code. E Refusal of Service' An attendant shat) refuse service re any person who: 1. is smoking. 1 Has not shut off the vehicle engine. 3. Is under sixteen (16) years old. 4. Fails to follow instmetiens in compliance w in Village ordinances. 5. Appears for any mason to be enable to dispense fire) safety File attendant shall shit off the dispensing unit if a person fails to follow instmetions in accordance with this article. G. Control Station and Emergency power Cutoff: A control station- equipped in such a manner that the flow of liquid Peel from any or all fuel dispersing units rmy be stoppcd Form the control .station shor be maimunio I, A master electric switch shall be mstalled in the control station so that electric power to the pumps, pump lighting, and island lighting may be disconnected at onetime using one saftch. Said switch shill be olainly marked and easily accessible_ 74 75 2. Whene'cc 2 control club"n is installed, a two -may enmmnnnicotifm system betrceell the control station and each pump island shall be ins000h d so tile, the attendant is able to communicate with persons in the dispensing area at ell times. 3. 'The control station shall be located at ground level licit more than one hundred feet (too') from tt e buthest self -sen ice pump and shall be located so that the attendant has a clear and unohsbneted view of all pumms- (Ord 92 -16, 3 -23 -1992) 4 -6F -8: SIGN REGUL,A'I IONS: Service station operators shall post in appropriate places cautionary protective signs as required by the fire pre% Quit on Code and NFPA -30A, "autmnotne and marine sorvice station Cade" Any aign n +hich advertises the price of gasoline per gallon, still which its viowohletq m' intended to be viewed by a passing motonst or the gcaend public, shall display the blot price of gasoline per gallon including any and all taxes, All signs, unless othcmise pvm filed by this article shall conform hr all respects to the sign regulations eo ntured in 'I itle 10, Chapter 10 of this Code. (Ord. 92 -16, 3 -23 -1992) 4 -6F -9: PENALTY: Aay person �ioln6ng arty of the provisions of this articles bill he fined in c accordane with 'I file I, Chapter 4 of this Code. (Ord- 08 -22, 5- 12- 2004) CHAPI ER ARTICLE G. KENNELS SECTION: 46G -1 : Licensing Procedures 4-6G -2 Nuisance Conditions Prohibited 46G -3: Sanitary Provisions 4 -6G -1: LICENSING IROCEDIIRES Application For Lieetse Any person desiring to conduct, camp on. orroperate a kennel" as defined in this so tic] shall make written npplteali on for a bcense to do so. collich application ..lull (onto rat to the general requirements of this Code relating to appliartiora for heenses_ Such application shall also state the number of animals which it Proposes to keep in tine estabhohnaent or nn the. premises ba'.vhich application for to license is made, and also state the exact location of said - stablishment- 4 -6G -2: NUISANCE CONDITIONS PROHIBITED: No person operating a kennel shell do so in such a way as to cause a nuisance to becreated, such as allowing the FM Prcamnes to become ma. in Only Or at1oiring the harking Of dogs and other noises that rung distutb fit quiet and peace of the commonly. (011171 -15, 7 -13 -1971) 4 -6G -3: SANITARY PROVISIONS: All dog kennels and rallen" shalibekept ffeearld clean from dew}'iag fond and fmm filth of any kind. The kennels, buildings and Pens shall he whited o led or disinfected from time to time and shall he kept in a sanifary condition snfisfactory to the director of health and human services- (Ord. 92 -16, 3 -23 -1992) CHAPTER 6 ARTICLE 11. ARLIE F EN I Ell I lINMEN'I ESTABLISHMENTS SECTION: 4611 -1: License Application 4 -611 -2: Issuance and Renewal of License 4-611-1: LICENSE APPLICATION: Application for an adult entertainment establwupold licensemI shat comply wind all of the general provisions of this article relating to Stich application and Shall also include, tile folimsdng: A. 11 the applicant is an individual, the individual shall stale hither legal nrmre and ant aliases and submit proof that he /shc is for enfj`o Ile (21)years of age; - B. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general er limited, and a cnpy of the partnneship agreement, if Quo: G A cotporafion, the corporation shall state its complete name, the date of incorporation, evidence that the corporation is in good standing ender the laws of its state of incorporation, the names and ro achy of all officers, directors and principal share holders (those shareholders owning at least s Pei rule of tine interest in the corperntion), copy of the cnrpord e charier. articles ofincomornioq and the name and address of tlrc registered copanrate agent; D- If a person who it des to om, at, am adult use rs an m in oluat file person must mal the aI phcalton for a license as applicant If a per nn ell" wishes to operate an adult Jose is other Than an mdhidual eachi adivuhial n' hit has atnend per( ent(20 °o) or greater interest in cite business must ign the application for or license is applicant Eadr applicant mnslbe qualified under the fcllowing,se on, and one" app. Hunt shall d- ennsi(ered a licensee CIO license is grant ell. P_ If the applicant intends[onpera,e the aduh use bm'inass under a name other than that of the apphcan: hetshc maststute I) the business' fich inu.s name. and 2) submit any ' requirell 77 I ctikirahoil documents, as mquested by 'the finance drector or mi'lurr duly mathonzed rep clanni tivo. I Whether the applicant, or any ofthe individuals identified in the application have been. w'thln five (5) years immediately preceding the (Into of the application, convicted of any specified criminal actor airy misdetncmrm or felony viol dine or offense in the county, state, country, or in any other kIonicipal ju dsdicri on, Ofher ill an perking violations and minor bathe infraction z As to each conviction, the applicant or nther indk idnet shall provide the conviction date, the case nu ill her. the nature of tile, misdemeanor or felony s mbition(s) or offense(s), and the garlic and location (If tile court. G. Whetherthe applicant has been convicted of any specified criminal activity as defined in this article, and if so, ire specified criminal activity involved, the date, place and jurisdiction of each conviction. H. Whether the applicant has had a previous license under this article or similar end it, nuces from another city, county- or the United States denied suspended or revoked, including the name and location ofthe business which the permit was denied, suspended or revoked es well as the date of the deal a], suspension or revocation. If the applicant has been a printer in a partnership or similar ordinance in another jurisdiction or an officer, director or principal stockholder of a corporation that is or was licensed under this article and a license has preeionulc been denied. suspended or revoked, include the name and location of the hnsiness for which the permit was denied, suspended or revoked as well as the fete a nentaI,_ suspension or mvoclur"m L Whether the applicant holds any other licenses underi Ill s article or other similar ordinance from another eih , county or the United States and, ifso, the names and locations of such other licensed businesses_ 1- A sketch or diagram shoring the configuration of the premises included a statement of total floor area occupied by the badness'I' his sketch or diagram need not be pofeasi orlly prepared, hot it must be drawn to a designated scale or drawn n'ith marked dimensions of the interior of the premises. K The name of the individual of balivhumus who shall he the day to day. on site managers of the proposed adult entertainment establishment If the manager is other than the appficant, the applicant shall provide, for each manager the same information required for the applicant pill unin to this sect ion. 4 -6H -2' ISSUANCE AND RENEIR'AL OFLICENSE: AW thin forty fire (45)drya after receipt of a completed adult use business license applicninq the Village shall appoveor deny the issuance of license to, an applicant Ili addition to the provisions and requirements set forth in Section 4 -4 -4 and 449, the application shall be denied, shall not be reach ad or shall be revoked for any of the fohowing reasons: A. The applicant is under twenty one (21) years of age; 78 B. The applicant ism•erdne in pnvrneut to the Village oft axes, fecs, fines, orpcnalhes a<cseed against or imposed upon him ']let in relati on to any business; C. The applicant has failed to provide information reasonable necessor}` for the issuance of the license or has falsely answered a question or request for' infornation on the application form; D- the applicant has been denied a license by the Village to operate an adult use business within the preceding ovclic (12) months or whose license to operate an such use hnsiness has been revolted within the preceding tveNc (12) months; E. The appficant has been convicted ofa specificri criminal activity defined in this article: F. Thepremises to he used for the adult use business has not been approved by the fire department and thebuilding department ns being in compliance with applicable tares' and orzlinauce_s; G. The license fee required by this article has not been paid: H. The nppficaotofthe proposed establishment is in violation of or is not in compliance with any of the provisions of this article, or any other Village ordinance 4611 -3: REGULATIONS: A. No person under the age of tweua one (2l) years shall be allowwd on the premises where an adult entertainment establishment is eonducted. B. Daily hours of operation shall be limited from twelve o'clock (12:00) noon to two o'clock (2:00) A.M. Sunday through Friday, and hvclVe o'clock (12:00) noon to three o'clock (3:00) AAA, Saturday, C. No adult enterinirunent establishment shall be located within three hundred feet (.300') of any residential use, measured from myrrsidential property line_ D. No adult enterelimnent establishment shall be locoed three hundred feet (3001 from another adult entertainment facility as measured four all property lines. E. All adult centertninmenf eslablislmnenfs shall be conducted within completely enclosed buildings. F. There shall be no exterior display ofany adult material relating to speci Fred sexual activities or specified anatomical areas ryhieh is visible from any sidewalk, public orprivate right -of- way, or any propert}' other than the site, G. All dancing gild other peBormrmces shall occur on a stage intended for that purpose which is raised at least two feet (2) frmn the level of tire floor. No dancing or other performances 79 shall occur closer than tell feet (I ly) to any pat, ell In addition, no performer shall fondle, caress or otherwise touch an}' pmron and no patron shall fondle, caress or otherwise tonch any performer. No patron shat I directly pay or give any, gratuity to any perfonnerrtmd On performer shall solicit any pay or gratuity from any patron Gratuities may be indirectly given to performers Inc placing the aatuity on the stage. H_ No booths, stalls or partitioned porlion-s of room or iudividunl rooms used for the viewing of motion pictures or other tbrms of entertainment shall have doors, curtains or partial partitions, but all such booths, stalls or partitioned portions of a room or individual mans so used shall have at least one side open to an adiaoent public mom so That the Treat inside is visible to persons in the adjacent public mom . All such described areas shall be lighted in such a manner that the persons in the areas used tea N acning motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered 2ntcrimillncrlY. All restroonns in adult entertainment establishmeNs shall6e equipped with standard units. sinks, and other traditional lavatory faceMies. No adult materials orlive perfonnasecs' ball be pmvidcd or allowed at any tune in the restrboms of an adult entertainment c tablishmsnt Separate male and £emote restrooms shall be ,madded for an used hp adult establishment employees and adult estahlishment patrons. No adult establishment patron shall beper ipted at any time In enter into any of the nonpublic portions of any adult entertainment esl ablishment, including epecifieall y but without limitatinn, say Qtnrage at or dressing or other rooms provided for the benefit of adult eetsblishn eat employees or independent conk actors. This subsection shall not apply to persons rcbi rung goods and no aterials, food tad be - ci ages, or performi net nintenanec or repairs to the licensed premises; provided, however, that any Bach persons shall remain in such nonpublic urea only for the purposes and to the extent and time necresnry to perform their job duties. (Ord. 98 -IS, 6 -8 -1999) 461114 REVOCATION: In addition to I b e provisinus and m_quiI carenre "f Section 449, the Village shall revoke a icenseif. A_ The licensee is convicted of tau criminal activity; B. A licensee hill knowingly alloovcd posses6nu, use or sale of on the preucscc alcohol or conhohed substaoccs C. A IT ecnsee has Imcm I ngl y a 11 mvcd pmstual inn on th e to cm i,Cq; D. A licensee knowingly operated the adult use hnsiness during a period of time when tile Rchlctions oil Licenses licensees license Iv E15 suspended; 4 -61 -5: Removal of Identifying Marks Prohibited 461 -6: Video Camera Surveillance Required P l licensco has k novo im, I I Ill I ns'cd any act ofsexnaI int . course. aodium . oral ce pal anion, maslurhstacu or other so act TO occurin Or oil the licensee's premi'us: P. A licenseehs knowingly or intentionally fa cilitmed anothcrlignor commission of the offense ofpubhc indecency. If the Village revokes a heense, no III se Iowilse shall not be issned at the licensed premise for one year Gorn the date the rerocntion became effective, unless subsequent to the revocation, the Village finds that the factual basis for the revocation did not occur. CHAPTER 6 ARTICLE PAN'NBROIa-RS, PRECIOUS Ali AND SECONDHAND PROPER I it SALES DEALERS SECTION 4 -61 -1: Licensing Requirements 4 -61 -2: Application for License 4 -6I -3: Rchlctions oil Licenses 4 -61 -4: Maintenance of Reeord,, 4 -61 -5: Removal of Identifying Marks Prohibited 461 -6: Video Camera Surveillance Required 4-61 -1: LICENSE REQUIRED: It shall be onlaw - fit l for an" person to conduct, operate, carry on ormnnage a pmenbroker precious metal sales or secondhand property business, either by himself or dullugh an agent, employee or partner, without frst having obtained a license as is herein in in a cd. 4 -6I -2: APPLICA'riON FOR LICENSE: Application for such license shall be made to the Finance Deportment, in writing signed by the applicant, if an individual, or by a rich, 'wont agent thereof if a conporadron, verified by oath or affidavit and shall captain the following staterrne11ts and infommftion: A. A sill, inent whether fire applicant has made application bur asimilar or other license on premises other than described in the apl'beeI ogand the dispnaiIinil of such application. 8. A statement that the applicmt is not disqualified to receive a license by reason of any matter Or thing contained in This chapter, (aces of Ian state, or the otdlnances (if the l7ithige. and a snhemein as to w hether the applicant be nt hss ever been ecocide 1 c fsny felony, Then, burglary or possession of 'amen property or 11111 other enmardl a1lcae r hating to dishonesty or In reach of n'as[ hi connection wifh the operation of a pawnshop or precious metal soles husmese A statement whether a prev ion, license issned by any lentil, or suhdicieion file'cof, has been revoked and the reasons thereof. 80 87 461 -3: RESTRICTIONS ON LICENSES: In addition to the reasons set forth in Section 44 -4, No such license shall be issued or mice cd to A. A person whin has been found guilty of a felony under any federal or state Iuw or Of 1110 offense of theft, burglary, passeesion of stolen property or of any Iinlafioo ofIlie paenhroker s and precious metal sales dealers proctsinrrs of this chapter. B- A person whose license under this chnpta has been revoked for' cause. 4-6114 MAINTENANCE OF RECORDS: A It shall be unlmvfit] for any pnwnbrokar, precious metal sale< dealer nr secondhand property business t accept, buy or exchange fiev teticle poor to examining the identifying credentials of the pet son pawning, selling or eschan¢ ng any article Of property included under the pmvisien : o f this chapter. A phntocopv or sett credentials shall be saved and produced to the Morton Village police department upon raluest B. Each license shall keep a legible and accurate record Of thepropeny pawned, pledged or sold, which record shall include the amount of money invoked in the transaction and the person parvning, pledging creeping the articles of proportyand /orjen -cry. hraddition,eaeh licensee shall enter the record is set forth above on an approved annpulcr foon in a compnteaecd reeordl:eeping system, approved and designnf ed by the police deportment. Each enhy shall include a description of the individual Frannie, pledging or selling the articles including the hair color, sea, nple mbi rte bright, weight, date of birth, driver's ticertse nunber and /or copy of a state Ill together wish e digital photograph ns welt as an accurate description of the goods, articles or property invoked in the if saction. including the rnannfncturu, model, serial number or any such mnnhar or marking that is engraved, etched or written upon said property. ¢665: REMOVAL OE IDENTINC, IES'1N DMARKS PROHIBITED: No licensee shall remove, alter or FIitstate an) mamrfnutIIrcr'S make, model or set aI mmnher, personal identification number it identifying marks eugrzaced m etched upon an ilea of personal property that was purchased or received in pledge until such time that file licenser_ becomes the legal owner of the property 1n addhinn, an item shall not be accepted fnrpledgc or purchase where the momathcturer's make, model or scion numhm, personal Identification number or identifying marks engraved or etched upon an item OfPersonal property has been removed, altered or obliterated. 4 -61 -6: VIDEO CAMERA SURVEILLANCE REQUIRED: Eachpawnbroker, pirrtnns metal 2nd second hand? perty sales dealer shall be required to ins tall, operate and maminm avideo camera snrveillnnec system capahleofreeording clear and unohnnmted photographic representntioo or his or her customers and shall retain the rddeotape recordings produced there them for at least thim (30) dies. Said eidentope recordings shall he snhjpet to inspection and copying by tile police daring normal business hours. CHAPTER 7 PUBLIC PASSENGER VEHICLES SECTION: 47 -1: Violations Declared Nuisance 4A -2: Authority to Fsbrfh iah Additional Regulations 47-3: Licenses Required; Procedu +,e 47 -4: Braid, Insurance Required 4-7 -5: Vehicle Reidations find Regniicnvor5 4 -7 -6: Rates of Fare. Payson. Records Prof ienns 4 -7 -7: Public passenger Vehicle, Operation 4 -7-8: Open Stands 47 -1: VIOLATIONS DECLARED NUISANCE: 'I lie operation or moimenonce of is public passenger vehicle in violation of this article is declared a public nuisance and in addition to all fines and penalties pinioned for such violation may be 15,5-12 -2008) enjoined as provide(] by the Village ordinances and laws of the State of Illinois for the abatement of public nnisancec_. (Ihd- OR- 4 -7 -2: AUPHORITY TO ESTABLISH ADDITIONAL REGULATIONS: The Village Administrator or designee is nut )(717 l 10 establish additional roles, regulations and ps"connos for the imp]emenlation of this article. (Old. 08- 15,5 -12 -2008) 4-7 -3: LICENSES REQUIRED; PROCEDURE: A. General: No person or entity shall have an interest in or operate a public passenger vehicle cornpao9 or permit a public passenger vehicle to be operated for hire upon Village sheets udthout obolining t]>4, applicable licenses required by this article and applicable local and state laws including the follomplig licenses: An annual Village of Moron Grove business license issued pursuant to all Provisions, regulations and fees set truth in this title is required for any public passenger vehicle company a Bich dispatches or operates one or more public nnisengerA °chides upon Village streets A person who is merely an employee of public passenger vehicle company is not required to obtain a business tissues. An snnnnl Village of Mortal Grove public passenger vehicle license is required for each vehicle operated or to be operated as a public passenger vehicle upon Village streets; and A State of Illinois driver's license and a Village of Morton Grave chauffenr's license is required for each person who npeenles u public passenger vehicle upon Village streets. 82 83 B. 4_ An annual ViOc Of ch,,nn Crave vehicle license is requited for atl vehmtic,n coned by a person who resides in the Village or registered to an address within the Village Or as required by title 5- chapter of this Code- Nothing in this section shell be construed to pmh neit ally public pass n .,r vehicle licensed be another public ell tit y$orn entering upon Village sheets to dischaa ge passengers accepted for trun portefinn rnn ado the V"bl'c Ii rat M while such e-chide is in the Village, no I erson shat I solicit pa "cigars III ere fore, sod no roof light or other spacial lights shall be used to mdrcate the vehicle is e'aaact 01, sohj -Ct to hire. A white cavil barring the words "trot for Eire united in block letters not less than two inches (T') in height shall be displayed on the «tindslrield of such vehlele. Public Passenger vehicle [. icense: Application: An appheztinn for a public passenger rehicle h<ense shall be accompanied by a fit fill, fee established from lime to tin eh} the crejea mrd flnneF, shall be verified, and shall include i nforeation rcgneated by the Village Admmnstru nTirid tiding, kill not limned to the folio ring information which shall be paovmded foreach of tile direct,,, and each holder dareeds in indirectly of more than a1 cote fivpeacnt(�S °ri�)interest in the public Passenger vehicle company or public he passeugc r l chicle: a_ Name and address of earn applicants, b. A certified financial statement of each applicant including the emoauvs afall unpaid judgments against the applicant and the nature or the transaction or sets giving rise to said judgments, e. 'Life experience of the applicant in the transportation Ofpaesetsgers for Into and the applicant's bnsmess experience during the five (J) year petigd preceding the applicttion, d. 'five criminal record, if"curdle applicant, manager nn site svpercieor, red individual dnveaw of au) public pnsscuger vehicle to be operated evithin the Wiese of Moron Grove including, withmn limitation rnyfclooy convictions, mind all mild meenor FnIFT ictints, a IIbill the past five (5) years The number and kind of motor vehicles owned and controlled Ill the applicant, the number and kind of motor - ehldes to be licensed by the Village of Morton Grove in die ing the ber and kind ofmotor cehidec proposed forsuch license, n um f The location of file applicant's office and garage, g. ']'he color acherne,insigni, and h ade name to be used to designate the vehicles of the appficam, 84 h. A complcte dcscrdlfmn of eneh of the aehir lees) to be licensed including the year, make, model, and veJude identification number of the vehicle, i. Therates oo IMnler offs '}. ,,posed to be charged, 1- A list of all h1 cot ipalilie_s in vhieh the apphcsnt has applied for or ties held a publicpassen_act s ehic'c or nnilnr hccuse o -ithin the past let, (10) years, k, Alist of three (3) business references, 1. 'rertificatioo of insurance showing eovemge is required by tills article, con. Such rnhor in formation as may he required by the Vi IIage Administrator. Reviles Upon receipt of opplieotion fill a public passenger vehice license the Village Adrninish'ntnr or designee shall reeicnl and mvesligalO the iufonnnl ion contained them Snch v e ve ° rare include an fill cl oselorn of the appjicarrt. Who, the roe new reveals ,all applicable rat mements ore complied with, inducing the paymet ofall applicable ifs, file Vdiagc Adminishator shell posianotice ins newspaper of gereml cucilhoel, , ilhi, the Village asking all interested parties to Rulnnit written comments in support or oppn'lldon of'the issuance of such license Issuance Of License The Village Admnnrshator mat issue the publi .I assenger cehick license to the applicant only of m the opinion of tire Village AdminLsh'ator, the apphtant is in Compliance es-ilh all requirements of this arfiele, the application and TM Pao reveals nothing of a nature deal might endanger the health, safety and welfare of the general public as o result of the is of such license and the applicant as fit, willing, and able to perform such piddle transportation and to conform to the provisions of this article Prior to issuing said license the Village Administrator shall take into eonsidaralion the numher of public passenger vehicles already in operation, F, Nether ex i Ping transportation is adequate to moot the public need- the Probable effort et mereased services on local traffic conditions, and the character, crpericnee, and raponsibilib' of the applicant. llasplay % public pussuger vehicle license issued pulemlt to this article shell be posted in the vehicle for lvioco it has beef) licensed in such a place as to be in full Fleur of all passengers t file such dm-er is operating a public passegcr vehicle. Transfer No public passenger vchiric license may be sold assoned ,nmrtgaged pledged m nthencice trarrsf erred F. .ithout the coils 11 of the Village Administrator. Revocation AI'll C nossenuce i chid' license is ,,Fed under the proe isions of this article loss, be revoked m suspended for reason in addition to the reasons set forth in section 4 -4-P for the following rcamns: Fraudulent nee of file license has occurred aFilh the licensee's knowledge or consent, if applicahle. 85 C. An indiridnal chi Ill'brulI, fi rmee has becomo physicI lfv,.nentally er emotionally unfit to Perform the licensee's duties as a public passenger vehicle operator. Public passenger Vehicle operation his been discontinued in the Village for mote than thirty (30) days_ New in fonnatioo has been obtained by the Village Administrator- which leads the Village Administrator to conclude rite continuation of such license will likely endanger the health. safety, and welfare of the general public, or that the applicant is not fit, trilling, or able to own or operate a public passenger vehicle or a public passenger %chicle cempnny_ Chauffeur's License Required: No person shall operate a public pas ngm vehicle for hire upon the sheets of the Village, and oo person IN ho owns or controls a puhlrc passenger vehicle shall peralh it to be so driven, and no public passes er vehicle ❑ceased by the Village shall be so driven of any time for For, unless the driftft er of the public messener I shall hale a chuuffeufs license issued trader file provisions offing in , ocIc and an spmroPriate d[IPes license issued by the State of Illinois. Application; pee: Term: An application for a chauffoor's license shall be filed with the Chief of police or his/her designee on forms prescribed and burnished by the Chief of Police or his/ her designee. Said application shall be accompanied by a filing fee eMialliehcd Iran hear, to time by the corporate authoritirsI The hemseshall expire on Apt if 30 followdng the date of issuance if not truewrd. Eligibility: Every applicant shall be tw'entr One (2 1) years of age or over. and each amt I¢ation shall he accompanied by a certifiell e from a reputahie plo smian certifying that, in the physician s opinion, the applicant is not inflicted ndth ,my disease or infirmity which might make the Militant in unsafe or uneatisfactory driver, No license shall be issued to my Person who is required to be registered by the State of Ofibuns as a sax offender, has been convicted of ant felony, or of misdemeanor tviflun tile Past five (5) years relating to the appluc nt s inv "IN etnent in a public passenger vehicle coral any, involving theft or retail theft, the use of deadly weapon, unlawfisl possession ofnarcoticfrea violence or tlsealened violence against another Person, driving under the influence of drags or alcohol, reckle ; dm'ing, orsuch other offense which loads the Chief of Police to conclude the applicant Poses a local 10 the health and welfm e of the public is general or the prospective Passengers of the public Passenger vehicle An applicant shall also be deemed ineligible in receive or retain a chrrffcul, license if the applicant's driver's license has been suspended for moving or noncom rail violations w ;tiro the past five (5) years, or the applicant has to iarepresented any facts in theapplication for such license. 4. Police Investigation of Applicant s;l n initial ipphcstion, and penoduslly thereafter, the police department may conduct an investigation, including 86 fingerprinting ofeach applicant or holder for a chaaft rrs license, and a report of such investigafinn and a copy of the traffic and police record of the applicant, if any, shall be considered by the Chief of Police or designee. 5. Action on Application: Fite Chief of police or designee shal 1, upon consideration of the application and the. reports and certificate required to be attached thereto, approve of reject the initial or renewal application. 6, Display: Every driver under this at shall post the driver's chauffeur's license in such a place as to be in fall view of all passengers while such driver is operating a public passenger vehicle T Snspeosion and Revocat ion: The Chief of Police me)�hupend aay chnnffour's license issued under lira article for a driver failing or refusing to comply with the provisions of this article such suspension to last for a period ofnot more than thirty (30) davV Th. ChiefofPolice mayrevokeany chauffeur's license for failure to comply with the provisions of this article or for any reason which u-onid render the licensee incligihle to obtain a chaoffem s license However_ a permit may not be revoked unless the driver has received notice and has had nn opportunity to present Cepha ce in his behalf. 8. Appeal'. An applicant or licensee may appeal the decision of the Chicfof Police to reject an initial a'renewa[ license application or suspend or revoke a charrffem's liconsc by submitting written nr other evidence to the Villagc Administrator within Yen (10) days offer recei pi of notice of the Chief ofPnlicc's decision The Village Adminisb ana shat t sustain or %voile the decision of the Chief of Police within thirty (30) days after receipt ofsaid etidenee in support of the appeal. 4 -7-4: BOND, INSURANCE REQUIRED; A. No public passenger vehidc license nndcr this article shall be issued or confirmed in operation unless there k in fall force and effect an indemnity hoed for each vehicle authorized in the amount of not less than the greater of the minimum Insurance requir en ents estahlished by Illinois late or one hundred thousand dollars (.S I0o,000.00) for bodily injury to any one Pelson end not less than fire handed thousand dollars (5500_000_00) for injuries or deaths to mote than onepersar which are sustained in the worm accident and fifty thonsand dollars 6503000 no) for property damage reauliing £mm ImN one accident. Said bond or bonds shall mum to the benefit of airy Person who shall he injured or who qjrll sustain damage to In operty proximately erased by negligence of a holder, his servants or agents. Said bond(s)shall thereon lime astucp company anfhndvxd to do business in the State of Illinois. B. The holder may file, in lieu ofbond(s), a liahilit }' innrranee policy issued by an insurance cmmm1n) authorized to do husiness in the state, Said policy draft conform in the ero isions of this section relating to bonds_ All bonds or inset ance Policies required by this section of mpres there(,f, certified by the insurers of surety shall be filed v fill the Village Adrmnvhator, and shall net be subject to cancellation except on thirty (30) days' previous 87 nonce to the Village A din inistrntor If any insurance is canceled or perosrtted [or lapse for any reason, the ViIItole Administrator shall sn.pend the licenses lm the to Ill affected for a period not to exceed thirty (30) days, to permit other insurance to be supplied in (smnphvt ee It i it, the froligtoris ofthsseection. if anysuch other innranew is not supplied e Thin file peripd of r q +ension oft] e Iicenee, the Village Admintsh slot shall revoke the license far such vehicles. ford 08-15, 5 -12 -2008) 47 -5: VEHICLE REGULATIONS AND REQUIREMENTS - A. Generally All vehicles which are repaired to blue public pas,eengcr v chicle licenses pursuant to f his anicle shall comp]) with the hollowing regulations and requirements. 13. Regishafion end I3cense: Such vehicle shall bear proper state and local registration properly displayed and shall be duly licensed by file Village Adminiettator or hre'her designee ter the current year, and such license shah be proper]) displayed. The Village ofh4ortore Grace public passenger vchicle license shall he permanently affixed in a prominent location nn the rear window of the vehicle on the duvet's side C. Fgnipnseut The vehicle shut[ conlit velh the applicahle equipment provisin¢sof625 Illoalk Compiler] sfahnes 5/1 -100 et sell ., including, but net limited to, proper brake, lights, tires, hour, muffler, rear vision mirmr, :windshield wipe¢, and diredionol signals. Each of these items shall be in good mechanical condition All doors and evdndows shall he Operable, and no window shell he broken or cracked- The vehicle shall contain a compartment for hrggage or similar items, ll_ mainforneu ,the vehicle shall be maintainer) at all Hines under safe operating condition and in n clean and sanitary condition in that tile inferior of the vehicleshall be frce of refiso and liter on the seats, and the floor and upholstery shall be clean and undamaged. The exterier Of the I chicle shall be fee, of rust and shall he undamaged and kept clean and properly painted. 2i. Air Conditioning: Each public passenger vehicle is required to for c the air cnditr alilw on when requested by the Passenger and whenever the outdoor teniper<rtrve is lilacs eighty fiv -e degrees Fahrenheit f85 F). F. Age of Vehicle: Each vehicle most he no more thou ten (10) years old as determined by the model year ofmanufaeture n•hen inif i;dl} placed in service and lure remain in san•ice as long as it pneses inspections and is maintained in compliance with the teens set forfb in this article. G. Inspection: Required: The inspections emmnented in this section shall he made for the pugrose of determining compliance ofeach vehicle with the conditions set IT in this article, 88 huperhon Standard : The Chief of Police or Iris /her designee ail _1I adopt nil', and regttlihons establishing reasonable inspection standards mfiich pmhlic passengcr vehicles mast setisfv topass the in 1 ccif n. rcynired by this attic] . The inspection sfaodards shill be de rgned to ensue e public passenger vehicles licensed by the Village are mechenicodI3 dependable safe, and clean and satisfy the requiremcnts of this article. Initial Inspection: The Chief elf Police orhis/hat designee shall conduct an initial inspection Of each rchIetc with respect to c hich license is relight for the first time, prior to) the issnonce of such I i Cello e, to determine its emnlditin cc with the cond Ili ons set forth in this article. Periodic ReinspeeHons of Cecil Pnhl c Passenger Vehicle Flit-The Purpose of Determining Continued Compliance R -hit Conditions Set Forth In This Article Said periodic inspections," all be at least annuall}a Anytimea public passenger vehicle is invnk eked in an accident Ihat eanses damage fhot may affect the safety of passenger;, if most be taken out of service onnac hatch), repaired, and reportexl to the Village. Before such vehicle may be rehrmed in service it least he reinspected pursuont to the teens 01-this ece"on 'the Chief v f Policc or h is her of csignee may require a public passenger vehicle to be reinspected any tittle is a result of a complaint by any person, or if the Chief of Project, has reason to helievc the condition of the vehicle may pole a threat to the.. safety of its passclecrs or has reason to believe the vehicle is not in corn th mlicc with the pro, vans ofthis Ill ietc, inspect s (ions: She Chtiefof police or his Tier designee shall designate specific licensed Fell vehicl. repair facilities vlrlr have certified mechanics to serve as inspecti n stances to condnU vehicle inspections required by This article. All public Passenger vehicles shall hear a emrcut sticker issued by the Village of el proof of passing the required inspection from a certified mechanic at a designated inspec6mr ststion is scsbmihed to file Village. Fai]nreTo Pass: Any public passenger vehicle failing to pass inspection or rcinspecfion will be green a period (of five (5) wodsing days to alien for repairs. The vehicle shad not be used as a public h Ts,. anger vehicle for ]tire until such repairs have been cmnpleted and it pa.., c reinspectron. If file vehicle does not pass reinspection within such five(5) working dap period the Public passenger vehicle license shall be deemed qnldicrided till"] _Trd'chicle passes inspection Costs: The licensee shall bear all costs for in,;pectlmse set forth pnavant to this sectimt if. Deignation:Ech public pnsseogcr vehicl. shall bear mi thconfside of card side of file chicle, it, printed letters not I .. s than three inches (3") nor more than five inches (5") in height, the name of the cry Tier and, in addition, may beer an rden"fying design approved be the Village Admmrstmtor. No vehicle covered b} the terms of this arti cle shall be licensed Whose color scheme, identifying design, monogram or insignia to he used on a vehicic(s) eiready operating corder Fln ordinance in such a manner is to be misleading, or tend to deceive or dofrand the pmhke. or o fich resmnbies an official Village of moeton Grove police 89 department vehicle. After a Iiceonsehas been issued hereunder, if the color scheme, identifying design, nomigotio or 111919111 thereof is changed in as to be, in lie opinion of the Village Adnti n istrator, in conflict with or imitate say, color scheme, identifying design, monogram or insignia used by any other person, osier r er operator, in each a manna[ as to be inkleading (it tend to deceive the public. the license coveting such public passenger vehicle shall be suspended or revoked. The iden I ifleation number assigned to each vchicle by the public psss'enter vehicle comp r) shad akn he placed in the oncrim of the Public p1 sengcr vehicle on the hack oftbe OF i, er s seat with a minimum letter size of three inches (3") in a color that ennfresta pith the upholstery in clear sight of the paseenpi,r eo lmahlI IL 'I he Identification number nsaigned to each vehicle by the public passenger vehfde company shall also be placed on the outside of the vehicle on the rear of the public passenger vehicle and on the passenger side front fender of the vehicle. Taximeter Oeuerot No public passenger vehicle shall beIiccnsed or operated on Village streets unless it is equipped with a brain etc, n'Itictr has been tested, seated, and certified to be accurate. The taximeter shall be affixed in front of the passengers, visible to them at all times of day and night. After sundown, the face of tile, taximeter shall be illuminated_ All taximeters shall be scaled at all points and connections which . if manipnlaneL mould affect their correct rending and rccording. Each tnximeer shall Into e thereon a flag to dennte when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag of each taximeter into a nonrccording position at the termination of each trip_ Operation'. The taximeters matt be operated meet anically or electronically_ if the taximeter is operated meehnnicalh, it shall be a mechanism ofstandard design and constrnctiou, driven either imm the trsnsmission or from one of the front cheek by a flexible and permanently attached mechoinkla Standards: All taximeters, w heftier I echanicalk or electronically operated, shall Confirm to the standards of file United Slates department of commerce as adopted by the national conference on weights and measures and published in the most recent edition of the bill nu's "Handbook No, c.4" and the current official revisions and interpretations. Tbesc standards are Incotpnrated into and made a pert of this section. Inspection: The Chief of Police or trifler designee shall adopt rules and reputations cstabNshing initial inspection requirements and pro reinspection requirements fm taximeters. Said periodic inspections still[ be at loost annually_ 'file Chief of Police or his / her designee may oxmin e additional reinspection, either on coot -Flo t of arts 1 otKon or without such complaint, if the Chief Of Police m his d ei¢nee has reason to heliece that the public passenger vehicle is being npeared in violation of this section. if cry sect, violation or ioaeeuracy is discovered, (lie ebiefmay order the owner and/or operator Ttile public passenger -,chicle to cease operation until the taximeter is repaired and passes a reinspection Violation'. Nopers m shall detach any taximeter from apubho passenger vehicle and attach same to any other public passenger vehicle. It shall be unlnrvfid for anypetson 90 in tamper with or alter in ally wall a sealed taxim titer without the consent of the Village (Ord. 08- 15,5 -12 -2008) 4-7 -6: RATES OF FARE, PAYDIENT, RECORDS PROVISIONS: A. Me immn Rates Established' No owner or driver of a mihlic fosserger vehicleshall charge a greater sum for the use of a public passenger vehicle than in accordance with the folhotving rates: I . Flag Pull: The "flag pull" shall not exceed one dollar (Sl 00). The rate for each one.. tenth (1 f10) mile or fraction thereofshall not exceed twenty cents ($0.20). 2. Additional Pesscrear:'I'he rate for each additional passenger over fire age oftwelve (12) shall not exceed two dollars ($2.00); hosa -evor, there shall be no additional charge for an additional passenger who is over the age ofsixty five (65) or is a person with a disability. 3. Meter Recording'Registering:Nodrive? shall trnnsport passengers, nor shall any charge be made, unless the meter flag is in a recording position. The meter strait not register until the passenger is in the public passenger vehicle except as oPoenvisc provided under Subsection A6 of this section. 4. Luggage: No additional charge shall be made for fire com-cyance of a pnsscnge's luggage. �. Children: No charge shall beinade far children under tweh e (12) years of age, accompanied by an adult 6. Waiting Time No charge shift lie made unless the passenger is in the public passenger vchicle and the Inetershal] not register until the passenger is picked up, except the rate lot each minute ofwaifing time or Faction ther ell fshall not exceed pro r3 file cents Of0,1c), and shill not exceed Ia ell ly (in e (lot lam IS21 00) per If on. Such s, along time shall include the time be¢imong five (5) minutes most arric it at rte Phace to y llich file public passenger vehicle has been called and file time consumed at direction of tire passenger. 7. Airport Charges The fiat rate of fare between O'Hare Airport and a location within the Village west of W nukegan Road shall not exceed twenty font dollars S24 off The flat rate of fare bets real O'Hare Airport cord a location within the Village east of \Vaukegun Road stroll not esceedtwouiv die dollars ($25.00)- lobe averageprice Per gallon Ofregulor gasoline in the Chicgo suburian area as determined by AAA club exceeds three dollars I" Om. a fiael saucharge of no more than one dollar (S 1.00) may be added to the flat rate; If (lie average price par gallon of regular gasotime in the Chicago suburban area as determined by AAA club exceeds four doflars (Sal 00), a fuel surcharge of no more than own dollars ($200) may be added to the flat rate_ 91 Quit (31119 Senior Citizens and Disabled Persons Pare Discount Program: All oame_rs Tied operators of a Pill) lic passenger vehicle licensed or operating upon Vi I I age streets shall honor fare discount coupons provided hp the Village to residents who are qualified slid rater ms or disabled persons. The Village's discotmt fare program provides coupons b eligible SCplor citizens and disabled persons for a discount of two dollars twenty five cents ($2.25) off ofany public passenger vehicle ride that begins or ends in the Wing subject to rules and mipilations established hour time to time by the Village Admimehytoh or his /her designee. Any Village resident over the age of sixty fie (65) or who is connected with service in the armed forces of the United States and is so certified by the vote ns afiministmM1Oq or is below the age ofsixty five (65) who emmot safely operate a motor veliicic due to a disability as certified by his/her attending physician shall be cntitled to participate in the Vllage's taxicab fare discount pmgam_ All program participants most be able to access and 116117e the regularly equipped and licensed public passenger vehicles operating within the Village All persnns participating is the discount pogrom shall be responsible for the payment of the apprnprinle meter fore which inav exceed the tw -o dollar twenty fi=ve cent ($225) amount provided by the discount Coupon. R ate Card: Every pull is passenger v chi cle operated under this articl e shall h:nea rate card setting forth the mythortzed rates of fare and an add ttlminI passenger rate charge as provided in this sulecel ion, and stating the total sold I I Crop passenger charge accnres to the benefit of the driver of the public passengervehicle. Said rate card shall he drsplavell on the back of fie front seat as to be in viers of Till pessegeers. B. Refusal To Poo : No person shall refuse to fin }'the Iegal fare ofany of the vehicles as allowed by this article after having hired fire same and it shall be till lawfit for all pet oil to hire any i Chicle herein defined with intent to defraud the person from whom it is hired of the value of sueh service. C, Receipts: The driver of nay public passenger vehicle shall ripen demand by the passenger render to such passenger a res:eipt for the amount charged, either by a mechanically primed receipt m Ny a specialty prepared receipt on v:-hicb shall be the name of the o.m,l, license mother or motor mnnher, umonut of meter- reading or charges and date of transaction D_ Manifests 1 here shall be maintained a daily manifest upon which are recorded all hips made early tin) drove jac time mid place of origin and destination of wit h trip slid amount of fare, and all such manifests shall he retained by the dr Pitch company and/or Owner ter at least Iwo (2) }ears, Ord the manifest, .shall be available to the Village the form used for such nianrfe I is snbjecl lo the approval of the Village Administrator or his/her designee. E Records and Reports' R spin red Record EN sty licensee shall keep peeilrate records rr receipts of+ili afar ations, expen es, capital expenditures, no ai atoll once and serf- ieerecorus for all pal he passenger N abides licensed pursuant to [hi scot on anti such other onereting info m,abon is only he require by the Village Administrator or IlWhoor desi €trOn, 92 Such records shall be Doll 'Trained for at Ira It wanly tour (24) monlhs at a place I cadil ) acce siblc for examination by the Village Adm i Ili strafor or his /her designee. 2 SabiniHal afRecords: Every licensee shall Ili hoff copies of all inspection reports and licenses required by this article annually to the Village Administratorand xhall upon request submit records iciplued to be maintained pursuant to srhsection El of this section to the Village Administrator. Filing of Rates Every public passenger Vchiod C co r any required to be her,, sed pursuant Eo this article sh it file, schedule of its cnvent rates with the Village Administrator, (Ord_ OS_ 15, 5 -12 -2008) 4-7 -7: PUBLIC PASSENGER VEHICLE OPERATION: A. ProhibiredSolicitation: No driver shall solicit pahonage in it land or annoying tone ofIoiee or by sign or in any manner annoy any person or obstoct the movement of miy persons, or follow zny persons for the purpose of soliciting patmange. B. Receipt and Discharge of ofPasse;ngeas on Sidewalk Onl): Drivers ofa public passenger chicle shill not receive or discharge passengers in the roadway brit shall pull Tip to the right hand sidewalk ,s eel 1p as possible or in it,, absence of sidewalk, to the extreme Tight hand side of the road and thcte receive or discharge passengers, except upon one -way, streets, where passengers may he discharged at ell her ilia right or lets hand sidewalk, or side Of the roadway in file absence of or sldce -elk C. Additional Passengers'. No diver shad pernit any other person to occupy or ride in the public pas'scnger vehicle unless tile p rs u(s)fiirsten,ploving the public passenger vehicle thill e pressO direct the acceptance of an additional pas cnger(s) Emeptas provided in of this Chapter no charge shall be made for in additional passenger except when the additional passenger rides beyond the prevtons passengers destination, and then only for the additional distance so have It Shall be unlawful for the driver of IT O, Public passenger vehicle to solicit the permission of the person first hi ag the public passenger vehicle to picF up any additional passengers. D. Riding in Front Seat: No driver shall permit any person to ride in the front seat unless the rear comportment of file public passenger vehicle is IT led to capacity. E- Restriction on Number of Passengers: No driver shall permit more persons to be died in a public passenger cehide as passengers other than the rated seating cipecity of the public passenger vchls3e based on tiro number of wit bells. B. Refirsal to Carry Orderly Passengers prohibited- No dnver shall refihse or neglect to convey any orderly personO upon rcgncst unless prevmusly engaged or anahle or forbidden by the provisions ofthis 1111,le to do so. O. Pohibifiotis of Drivels: It shall ben violation of this article for any driver of to public Passenger vehicle to solicit business for any hotel, or to attempt to divert patronage from one 93 hotel to anotIm Neither shall such driver engage in set ing intoxicating liquors or solicit bnainevs for nay house of ill repute or use his vehicle for any purpnse other than the tramporling of passengers orpackoge delivery. H. Criminal Activity: No Fenno shall knowingly permit a pub]mpassengers ell icIC to be used in the perpetration of any crime or criminal enterprise. I. Under the Influence,: No person shall operate a public passenger vehicle or allow a pnhlic passenger vuNrlc to be nperaled by any person who is under the nillucnce of intoxicating liquor or drugs I Profanel.tr_¢nage: No person operating a pnhlic passenger vehicle shall use any profane or obscene I'rngnage or disturb the peace in any way. K Most Direct Route: The driver of a public pnssengcr vehicle shall transport his passenger to the point of dcsfioation by the moll direct note available. (Ord 98 -15, 5-12 -2008) 4-7 -8: OPEN STANDS: A Fsohlishmenr The Told l age Adminisintt or hisdncr drsignce nary establish open stands in such pla cc or pl aces upon the _streets of lht Vi t l ags as deemed neces,sars fin the use ofpublic passenger vehicles operated in the Village Do orm stand shall be created without taking into con side Pion the need for such stands by the companies and the convenience to the general public The Village d dminverator o' his/her designee shell prescribe the number of public passenger vehicles that shall necupgsnch open stands The. Village Administmhn' or h I s/her designee shall take Into cnasidcrafi on the whites of adjacent property owners with regard to the location of open stands and shall not authorize a stand hl any location that would tend to ereste a traffic hazard. B. Use: open stands shall be used in the follolving manner: 1. Open stands shall lensed by the different drivers on a first come, first served basis. The driver shall pull (onto the open stand Cron the tear and shall a& anee forward as the Public pass ri"t vehicles aberid pull off Drivers' shall stay within five feet (51) of their public passenger vehicles; they shall not solicit passengers or engage in loud or hoistcrous talk while at an open stand_ A pason germav hoard the poblie passenger vehicle of thepacsengcr's choice that is parked at an open stand_ 2. 'Rte standing ofpullacpas eager vehicles in places other than designated public passenger vehicle stands is prohibited_ 3. PTrille or other vehicles for lire shad not at anv lime occupy the space upon the streets that has been established as mh opal sold_ (Ord. 08 -15, 5 -12 -2008) CHAPTER 8 GARAGE AND YARD SALES SECTION: 4-8 -1: Permit procedures 4-8 -2; Sign Regulations 4-9 1: PERM] F PROCEDURES: A. RequatraenC It shell be nnlaisfial for any peraen to conduct or allow tine conducting of garage sale is ifhomt haemg notified for and received ffona cite off-we of the finance dh ectorftreasorer a permit to conduct such sale. B. Combined Perni ts: Any two (2) or more residents of the Village may jointly apply for a pemnit to conduct a garage gale, in wlucln case the sale of used clothing and used household goods, wares and merchandise owned by each of the residents may be sold at such garage sale. A permit issued on application of more !11111 one resident shill limit each .such resident to nn more than moo (2) permits within a calendar yeas Tile joint opplicafion swill beeouoted against each participating resident so that no resident may receive more than two (2) permits per calendar year. C, Not -For Profit Organianfines' Morton Oro, e residents map obtain a garage safe per rit on behalf ofa bona fide not for profit corporation or religions institution to hold a to rogesale benefiting that not for profit corporation or religitnas institution, provided the resident is able to produce neeettary documentation that then not for profit mtpoa anion possesses the appropriate ineopm onion doannents form the (Ilrnois secretary of sinne or the infernal revenue service tax exemption certification in which ca_eefhe residents) may obtain a garage sale permit, provldcd that no more than three (3) such permits shall be issued in Tony one calendar year on belnalfot any single not ba profit corporation or religious orgnn¢ation regardless of the lornfion ofihe garage sale, and further provided that all othe'pro visions of this chapter are net by the applicant (Ord. 92 -16, 3 -23 -1992; slid. Old. 98 -27, 8 -10 -1998) R Display of penrnL Garage sale perinits must be prominently diplayed con the residence or garage covered by the pemtit in such it mmuter (hill it is easily s isilde to Pei lens passing by the premises. (Ord. 92 -1 fi, 3 -23 -1992) 4-8 -2; SIGN REGULATIONS: Any person conducting a garage sale shall only display signs for such sales as allmx•ed pursuant to Title IQ Chapter 10. Repeat violations of the Village's sign ordinance shall be grounds to deny Ilse issuance of fiolle garage sale permits. .. e ........................... ............................... I . . . . . . . . . I......... 94 95 SECHON4: Title) ADMINISTRATIVE, is hereby amended by adding new Chapters Local Motor Fnel Fax 14E 18, BUSINESS OCCUPATION TAXES- 'Ibtexi Chapters which includes Articles A through C, and Municipal Prepared Ford and Booeragc "Fax ISE Sell - Storage Faobity Accommodations Tax 18G Chapter 19, Foreign Fire Insur<mee Company, shall read as follows: Foretgm Fire Insurance Cmnpanies 9 CHAPTER 18 BUSINESS OCCUPATION TAXES ARTICLE A. HOME: RULE MUNICIPAL BUT AND SERVICE OCCUPATION TAX Subject hi Official tVlun C ter icipal Code � P SFiCLIOA': Savings Clause I I- ISA -1: pgoniciPal Retnilets Occrpation Fax 2 I- 18A -2: P= 1 Definitions 3 Municipal Senice Occu ration Tax Penalties Village Board of Trustees 4 5 Village President f I -ISA -L MUNICIPAL RETAILERS' OCCUPATION TAX: Village age Clerk 7 .. Village Officnsaid Lmpinye. 8 A- ]ax hnposed ;l lax is hereb'nn sosedwton all can Village A Immistnator SA 7 I I 1 ns engaged m the bu mess of selling tangible personal property, other than an item of hngible ple scnal property tithed or Corporation Counsel, Prosecutors 8B Finance Director and Treasurer registered with an agency of the State Of Illinois` govemmeni. at retail in the Village at the SC rate of one percent f I.Wn) of the gross receipts &inn such sales trade in the course of each Director of Family and Sem<r Services SD bi n.ssv'hil thr chapter is to effect, in arcutd ice with tine provisions of the home rude DirectngC mmuglui er SE Ammacipal rehnlers oeaapalion tax act, 65IIInu as Compiled Statutes 518 -I 1 -L (Ord. 91 -62, Director of Commatend and of orkl amen( 8F 12 -9 -1991: amd. Ord. 94-20, 5 -16 -1994; Ord. 03 -14, 9- Director or Superintendent of PnblietVorks 8G 9-22-2003) Poeceiefan 8H B. Collection of ax: The taxes being thesnblent of this article and all civil penahics that may Fire Chief and Director Chief(e) 81 be assessed as an incident thereto. shall be collected and enforced h}' the department of Al Finances ant Village Administrator SJ revenue ofthe State of lllinms The department of revenue sh,dl Lace fldl power to Municipal Finances 9 administer and cnFocn the pool Noes of this article. Ord ['rocednres ( 199E amd. Ord.94- 9A 20, 5 -I6 -1994) Financing, C_nans, Bonds - 96 Local Imposed and Administered Tax Rights find Renpon,dbililiee 9C Funds A4nnicipal Budget 9D I- ISA -2: MUNICIPAL SERVICE OCCUPATION TAX: 9E Pca nnel Admm�istrafiou Real Fsiffie Trartater Tax i01 A. Fix Imposed: A tax is hereby imposed upon all persons in tile A dlege euaagcd ill Mann hpalig- in tire business ofranking sales of service at tile, rate of one percent (I bi s) of lelu mmulicetl<ns Tax Mumal..d Electric Tax 12 tile-ellPng puce nfall tangible personal Pmperty transferred by said service Poisons as in Senior Services Fee 14 incident to a sale of emice, in accordance will, th po,ranns of the home rule Clunicipnl Civic Center Fees setv ace occupation to act, rs llhnnrs Compiled Stu tcs5 /8 -I15 (Old- 9162,12 -9 -1991 A4nnicipal tI xJse Tex 15 amd_"id,94 -a < ib — 0,5- 16 -U94; Ord. 03 -14, 9 -22 -2003) Amusement Tax 17 B liuuness Occupation Taxes Collection of Tax: Chat tile taxes bent subject of this article and all civil pe shies that 8 may be assesseda an incident thi co -ball lie collected and enforced by the d apartment of Homo Rule iduvicipal Rettilens and Seniee Oeuupatlon Tns Romir Tnx 19A rev enne of the State of Illin"k 9 he department of a, cone shat, Laie fhll pnmcr to 18B administer and enforce the pimisi ens ofthisarhele Ord91F� 1r -- AutongpceRerninTax 18C l 91991 amd_Ord. 9-0-- Automobile. Reuling Tuxes I SD 2Q 5-16 -1990.) 96 97 ARTICLE B. ROOMTAX SECTION 1- 1813-1: Definitions 1- 1813-2: Tax hnposed, Pa}'mcnt Required 1 -18133 Termination of Books and Records 1 -186 -0: 1 a Returns Required 1- 18B -5: Collection (if Tax, Failure to Pay I- 186 -6: Violations and penalties I -18 &1: DEFINITIONS: Fordre purpose of this article tvltenever any of the Following words, terns, or definitions are used herein, they shall hate the mrnning asedbed fo them in this section' HOTEL ROOM OR A room Within a structure offered for rental to private parties or the MOTELROOM public on a daily, weekly, or monthly basis and containing facilities for sleeping. One room offered for rental with or without an a Ijoining bath sh ll be considered as a ,single hotel or motel room. The number of hotel or motel tomes within a suite shell be computed on the basis of those rooms Nil ized fur tire purpose of sleeping. OWNER Any person shaping an ownership interest in or conducting the operation oFa hotel Or musel morn or receiving the consideration for the rental of such hotel or motel of PERSON Any naRual person, trustee, court appointed represcntatiw, s}ndmate, association, partnership, firm, club, company. Cr gara lfb x business t rust, institution, agency, goverment Corporation. Municipal eospovatien, district or other political sorrily choir, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, sgreN, employoes or other reprcaentutive, acting either for himself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or phual is included in any circumstances. (Ord- 90 -28, 4-23 -1990) I- 186 -2: TAX IMPOSED, PAYMENT REQUIRED: 'There is hereby laded and imposed upon the roax and privilege of tenting a hotel tin otel room within the Village of Morton Grove a tax of five percent (5 %) for each such hotel, m of or room rented for which any room charge is matte. A. The tax shall not be levied and imposed upon any person who works and lives in the same hotel ornotel, 98 R. The ultimate incidence of and liability for paymcul of said tax is to be borne b}•Ihcpeson who seeks the privilege of occupying the hotel motel room, surd Person hereinafter referred to as the 'renters. C, A tax herein leded shall be paid in addition in any and all ether taxes and charges. It shall be the duty and obligation of the on -net of cvery hoteUmotel to seen] e.said tax from the rente of the hotel /motel room and to pay of or to the Village director of finaneelhessurer said tax under procedures prescribed by the director of finanee,brasuo., or as otherwise provided in this article. D. Every person required to coned the tax levied by this article shall secnr'esaid tax from tine renter at the time he collects the rental payment For the hoteUmotel room_ Upon the inaoice receipt or other statement or memorandum of the rent given to the reuler at the time of payment, the amount (life trader the tux prosdded in this article shall be stated separately ou said documents. L In the event that renter fails or refirsas to pay the tax herein imposed, acid unpaid tax shall constitute a lien upon the property of the renter and file )tivner is hereby authorized in accordance pith the law, and encouraged to Foochow his lien and site the renter in a civil action to collect the tux herein imp rsaxl, plus all the expenses and reasonable altomcy fees to be fixed by the court Any judgment shall be enforced 28.4-23-1990) m in ucr (lance with tile luny. (Ord. 90- 1- 18B -3: EXAMINATION OF BOOKS AND RECORDS: 'The Village director of Bnancertreasurer or Iry person certified by him as his deputy or-representirce, may enter the premises of any linel.4notel for inspection and examination of books and records in order to effectuate the proper ndministralion of this article and to ensure the eo fomxment oCthe collection of the tax imposed. It shall be nnlawild Ulan) person to prevent hinder, of interfere with the Village of flnancerlreaaNer or his illy authorized deputy or representative with the discharge of his duties in the performance of this article It shall be the duty of every owner to keep accurate and complete hooka and records to which the Vilb go director of finnn0.1trbaanre[ his demax or repmseNative autherived by hill) shall at all times have PoII access; avhich records include a daily sheet showing the number of hotel /motel moms retired during each overly font (24) hour period, ircluditrgmultiple reacris of the same hoteUmotel mom where such shall occur and the actual hotel /motel r eyrnhs collect ad for the date in question.(Or(1.rt 18,423 -1990) 1-18611: TAX RETURNS REQUIRED: A Returns Filed: The owner or owners of each hotel /motel room within the Village shall file lax returns upon forms proscribed by the Village director offinanee +treasurer showing tax receipts received v nth respect to each hoteUmotel room during each three (3) month period, commencing oil and including January 1, April I, July 1 and October I of each year. The return shall be done on or before the thirtieth day of the calendm' month succeeding the end of the quarts {y filing (return of Florian, PeMuary, and March tax receipts due on or before April 30; return for April, May and June tax receipts due on or before July 30; etc.). Each quarterly return submitted to the Village shall be accompanied by the state "hotel ma ratm'g 09 occupation tax return" tiled with the Illinois department of revCore for the months covered in the quartcaly leturn. Any variations and /or discrepancy in amounts between the state "hotel operators occupation tax rehnn" and the Village return will be property explained on (he Village return. B. Failure to File a Ret urn: Any owner of a hotel! motel who for the preceding quarterly penod has failed to f le a proper refim or pay user the proper amount of tax to the Village du actor of financdfreasuref maybe acquired by tite Village du'ecoce of linmme /treumrer in his discretion to file uabsegnent reams and 11,13 the tax herein imposed on a monthhN basis to which case ji,ttucnjs of the tux shall be made to the Village director of finance/trcnsnrer on or before the thirtieth day of the month succeeding the month for which the tax was due. C. Failure to Pay Tax, Dclmgnenev Free: if anv renter fails to pay the tax or any owner fails to sot lect'"recruit the tax unposed hereunder, a penalty at the rate of one percent (10 0) per thirty 130) day period or portion thereof from the date of delinquency shall be added to tire ansonnt due nod collected fxmn file oogter. (Ord. 90 -28, 4-23 -1990) 1- 1813-5: COLLECTION OF'TAX. FAILURE TO PAY: Whenever any person shalt fail to pay or collect and remit any lax as herein provided, the Village attorney shall, upon the request of tile Village director offinanr e/ treasurer, bring or cause to be brought an action to enforce the pay nreill of said lax and penalty on behalf of the Village Ill any court of eonrpetcut junadiction, which adina may include the forcclosnre of the lien provided for in section 1 -1813-2 of this article (Ord. 90 -28, 4-23.1990) 1- 1813-6: VIOLATIONS AND PENALTIES: All proceeds resulting Train the imposilioo treae_nry. of the lax under this artidc, ind di nng penalties, _shall be paid into the Village A. Suspension of Licenser if the president, after hearing field by or for him, shall find that any person who has wilfiully failed to collect or remit the tax imposed by this article, lie may suspend OF revoke all t illagc licenses held by . -such poison. Tile owner shall have an oPPornr my to hehead at : ich hearing, to beheld not less;han five O daps after notice of the time and place Of the. hewing to beheld is moiled to him, addressed it Ilk last knmea Place of business. Pendin;* notice, hearing and finding, anv license which tic any be tomporavly suspended Airy suspension m revocation of anv license shall not "clause or dieeharne the oumer from hs ch it pahi lily for the payment of the tax nor from pmsoariioe for such offense- - B- Penalty Any person Violating any of the pmvtsiona of this a,dN e shall he fined 9n ace(arba ce with Title I. Chapter 4 of is Coda 10rd, 73 -351 9- 4-1973: and. Ord. 90 -2$ 4- 23 -1990: Not 08 -22, 5- 12-2oos) ' ARTICLE C. LEASING OCCUPATION TAX SECTION I -1SCA: Tax Imposed 1 -18C -2 Reports to be Filed 1- 18C -3: Pmrnent of Tax 1- 18C -1: TAX IMPOSED: A tax is hereby imposed upon all Persons engaged in file business of rolling er Ievug fin, personal property to the users thereof at the rate of one -half of one percent 10.05 s") of file gross receipts from such reefing or leasing made ill the course of such business. 1- ISC -2: REPORTS TO DE FILED: Every person engaged in arch bnsinesp in the Village shall filemith the state depmAneut of revenue flue return in Poecruirl as required by section 5 of the "leasing occupation tax act" as a('pled by the 74th general assembly. (1969 Coro § 97.055) I -18C3: PAVAIENT OF TAX: At the time such mRUm is filed there shall be paid to the state department of re ennc the amount of tax herehy imposed on account of the receipts from renting or Ieasing tangible p-csonal property during the preceding month. (1969 Cede § 97.060) ARTICLE D- AUTOMOBILE RENTING TAXES SPCI [ON: I -1 SD -1: OCCUPATION TAX 1-1 8D-2: USE TAR I- 18D -I: OCCUPATION TAX: A, 1 ax lmposed: A tae is hereby' onpos� upon all persons engaged in the business of renting automobiles in this Ailtage at Hue rats of one percent (Pia) of Inc gross receipts from such rentals made in the course '£ such businac B- Reports to be filed Et Cry ° such tic, Son engaged in such business in the l /illagc shall file nn or before the lastd of each caleoderanonfh, the report to the state depnrhncnt Of ION file e ca requred by secfena hyo and three of "an act in relation to a tax upon persous cogged is (he husincss of selling tangible personal property to purchasers for use or wnannption" approved June 29, 1933, as emended. 100 101 I -fix Collection and Payment At the time such report is filed, there 6211 be paid to the state department of rev ell ne the amount of tae hemby imposed op oec:onnl offhc renting of cotomobiles daring time preceding month. (Ord 82 -5, 1 -25 -1982) 1- 18D -2: USE TAX: A. Ias Lap - e d. 4 tax is hereby imposed neon the prieilene at using in this Village an or emohile which is rented Ill (all a renter mnside l Ili n ris and which is titled or registered with an agency of this state's government in I bis Vi I In f e at the rate of one percent (l fo) of [lie retrial price of such automobile ,chile this section is in effect. 13.- Reports to be Filed: Every such persm, engaged in such business in the Village shall file on or before the last day of each enlendarmonth, the report to the state department ofIev ell oe required by sections two and three of "an act in relation to a lax neon perrons engaged in the hnsinegs ofselling tangible personal Riopelle to purchasers for use or consumption" approved line 29, 1933, as amended. C. Tax Collection and Payment' Collection: The fax provided for in this section shall be collected roan n the persons whose. Illinois addieas for titling or registonlOn purposes is given its being in this Village. Payment: 'Pile tax imposed by One section shall be paid to file Illinois Department of !revenue (Ord. 82-6, 1 -2S -1982) ARTICLE E. LOCAL MOTOR FUEL TAX SECTION I -18E -L Definitions 1- 18E -2: Tax Imposed I -1863: Collection of Tax 1- I8F,4: Regishati on and Maintenance ofR ecords I -1865: Tr.msmittal of Fxcess Tax Collection I- 18E -6: Enforcement; License SoITensioil: Roc Oral l(in 1 - 18E -7: Penalty 1- 18E -8: Conflict with Other Ordinances 1-1 8E-1: DEFINITIONS: MOTOR FUEL All olatilc liquids emnponnded or used for fi,eling motor vehicleq inelpding gasoline, gasohol and diesel fuel. MOTOR FUEL. RETAILER Any nison. firm or cnrpoorien engaged in file hnsmees ofselling motor fuel at retail, and riot for resale. and any person owning any premises ,where mnt e fuel is sold nt retail and not forresele. (Ord. 06 40,11 -27 -2006) 1 -1862 TAX IMPOSED: Ihere is hereb} imposed and Jec led a tax upon the retail purchase ofmotor fuel within the Village, at the rate of too cents (SO 0)) per gallon or frachnn tile, cof. 'Ibis tax shall bein addiona in any and all other taxes -Tlie ultimate incidence and Iinbility for payment of quell tax ship be upon the rebid purchaser ofmotor fuel. Nothing herein shall be conshrred to impose a tax apon the occupation of selling motor fact (Ord_ 06 -4Q 11 -27- 2006) 1- t8E -3: COLLECTION OF AX: Farb motorfile] retailer in the Village shall have the dory to collect the motor fuel tax from each purchaser and to pay it oler to the Village, along with an accounting therefore, oil rehnu forms provided by the Villagc. The return and tax payment shall be filed with the finance director and h'easoior on the same filing dates as are real Ili lishcd for fiIOIL with the 11Iiacia departmow of mvenne of ill e retailers' ocenpal his s tux return form S "r -I. (Ord. 0640, 11 -27 -2006) 1 -18F 4: REGISTRATION AND MAINTENANCE OF RECORDS: Each motor fuel retailer shall register with ti,e Village on fortis provided by file finance director and treasurer. Each motor fuel retailer shod hare the duty to maintain complete evil aeanale bunko records andldni'm then show Ins the gro receTb for tit..ale of motor f,el and the tees enlleoted farm the purchaser thereof which shall be made of roble e to the Village for examination and for audit by file Village upon reasonable notice during carton, are I'Muese hours. (Ord. 0640, 11 -27- 2006) 148 &5: ' IRANSM ITTALOFEXCESS'rAXCOLLECTION: lfanypersoncolleefs an amount not subject to the tax imposed hereby brit which amount is reported to be for the collection of said tax, or if a person collects an ammmt upon a sale greater than the tax so imposed herein and does not for an}' reason return the same to the purchaser whn paid the same before filing the return for the period in which inch ocnn red- sold person shall aceonnt for and The over thoseamounts to tile Village along with the tax properly collecicd. (Ord. 0640, 11 -27 -2006) 1- 18E -6: ENFORCEMENT; LICENSE SUSPENSION; REVOCATION: A. Any Motor find retailer who fails to timelypnv all taxes doe pursuant no this article shall also pay a penalty equal to five Percent fs "10 ofany selch unpaid tax and shall pay interest on any past one balance m the rate of one and one- halfporecnt (L 501) per nronth_ Any motor that retailer who fails to tinnily{ ilea tax return required pvauant to this article shall also pa} -a penalty copal to ten percent (lo -g) (if only tax due during tile period covered by the room. 102 103 B. The ftiltire to evmply ed IT any obligation fin pos id by this article shall also he gmne for the suspension nr res ocation ofaay license or Pe it issued to the motor fuel retailer or with Iespeef to the motor file] dispensing facility pa lolarm t o t he procedure set froth in Section 4- 4_9 of this title. No pemrit or license shall bereil or issued to inymolm fuel retailer who has failed to comply with any obligations hnpoeed by this chaplet, or to any mbper vent hilliness located at the same premises as the motor file] dispensing facnhty until all required returns have been filed and all required taxes and penalties have been End, (Ord. 06 -40, H- 27 -2006) 1- 18E -7: PENALTF: Any person violating tiny off-pro eisions ofthis nrtidc shall be Filed in accordnace ¢ith Title 1, Chaplet 4efthic Codc (Ord. 08 -22, 5 -12 -2008) 1- 18E -8: CONFLICT IVI'LD OTHER ORDINANCES: In the event this article or any part thereof is nr conflict evith any statute, ordinance, or resolution or part theronf, the m s udmnl es in this articlesh ll be <ntroilinb and shall supersc(le all other statutes, ordinances, . or c olarnns hilt sly to tine cxlwt of. vch conflict. (Ord. 06-40, 11 -27 -2006) ARTICLI P. MUNICIPAL PREPARED FOOD AND BEVERAGE TAX SECTION A. h4eans and includes any solid, liquid (indudiag both alcoholic anti I - ISEA: Definitions 1- 1817 -2: Imposition of I x 1 -ISF -- Collection of fax by Retailer I- 1817 -4: Booksnnd Records I- ISF -S: 'I ransmival of Tax Collection I- ISF -6: T ran s m i ttal of E xeess Tax Fo h Teti On I- I8F -7: Enforcement; License Suspension; Revocation 1- 1817-8: Penalh= 1- 1817-9: Coll flier with Other Ordequiecs I - ISF - I: DEFINITIONS: ALCOHOLIC LIQUOR Spirits, wine, beer, ale or other liquid containing more fire one -half of one percent (0.5%) of alcohol by volume, which is fit for beverage Proposes, ALCOHOLIC LIQUOR Any establishment licensed iloderthe pmvisams of this title and FACILITY that sells alenhnlic liquor at retail. PERSON Any indie iduat, film or corperalmtt representative; or entity 104 PREPARED FOOD A. h4eans and includes any solid, liquid (indudiag both alcoholic anti aoanlenholie liquid), powder or 'lean Tisch or intended to be used for mullein intents] consumption, whether simple, compound or mixed and eehieh has beam prepared forimmedin;e consumpfiort. B. "Prepared food" may be purchased for consumption ¢ithin or upon the prom i ses e bereft is sold or it may he purchased for conol nption off the premises whcreit is scld. "Prepared food" does not mean or include any food wShich is sold in a closed orsealcd bottle, can, carton or container of the mamrfadurer or «hnle_snler or erhmh has not been prepared for imuncriate conoillue o PREPARED FOOD A. Any peraon or elahllshment subject to licensingpursuanl to FACILITY this title which sells at retail food adrich has been Prepared for " immediate consumption and ev Nether or not such prepared food a a fl(lit use conducted along with any other uscfs)in a common Premises orl nsiness establish omit. B. A "prepared food facility" includes, bill is not limited tn. those esEblHul ents commnnlp called an me. restanrant, eating place, drive -in restmogri buffet, bakery, cafeteria, cafe, batch counter. fast food mttlat catering SM ice. coffee shop, diner, sandwich shop, soda fountain, tavern, bar, cocktail lounge „ Soft drink parlor, ice cream parlor, naronm, delicatessen, movie theater, mobile food or beverage or ice cream vehicle, hotel, motel, or club. or any other e_stahlishmcnt which sells at retail fond which has been prepared for immediate consumption C. A "prepared food facility” does not mchuc churches, public or private schools, boarding houses, da}cnrc centerse nursing homes retirement cenIcis or Surf tar residents a l care facilities, orIT rograms for the central preparation ofine ds to be delivered and consumed at private residences ofin -flids or the elderly, or other facilities or-not for profit ns'sodatlons or corporations. PURCHASE AT RETAIL To obtain for use or consumption in exchange for considentipn, whether in the form of money, credits, barter or any other nature_ and not forresale_ RE'I7AILER: Any person who selk or offers for sole, for use or consumption and not for ease. (Old, of,_39; 11-27-2006) I- 1317 -2: IMPOSITION OF TA_X: There is hereby imposed and leered tax upmr the retail Purchase ofprepared Foods and aknhodc lunorat oils Prepared food facilits, or alcoholic hqu ar facility ¢ ithin the Vi ll ag c of Morton Con,v at a rate of one percent (I fit S) of The p c Price of such prepared food and alcoholic liquor. 'this tax shall be in addition to any and Ill other taxes. The ultimate incidence and liability for paymnent of such Tax Strait be upon the retort 105 purchaser thereof. Nothing herein shall be conshued to impose a tax npmr th^ oecupatioo of selling prepared food and alcoholic liquor within the Village ofMorton Grove. (Ord. 06 -39, 11 -27 -2006) 1- 18F -3: COLLECTION OF TAX BY RETAILER: The owner and the- operator of eve, prepared food facility and each I hollinlir Bgiror ftciIdv within the Village shall jointly and severally have the duty to collect and accoont for said tax frmn each purchaser at tine time that (lie consideration lot such prrehiee is paid (Ord 06-39, 11-27-200(1) I -I 8F-4: BOOKS AND RECORDS: The owner and the operator of each prepared food facility and each alcnhohe liquor facility n ithm the Vi l lags shall jointly and severally hive the duty to maintain complete and accurate books, records,Ord counts showing the 91 oss receipts for gales of prepared food and alcoholic liquor and the Cases collciced each dag which ich I alt he to rile avIahroc to the Village for examination nination and for audit by the Village upon reasonable notice and during en hnnary bosinsS hours. (01(.06 -39, 11 -27 -2006) I- 18F -5: TRANSMITTAL OF TAX COLLECTION: The owner and the operate of each prepared food facility and each alcoholic Iignor facility within the Village shal t jointly and severaIIv hale the linty to cause to be fled a sworn Octal with the finance director and hensarer for calif) such facility and for each such licensed premise% located in the Village. Said return shall be prepared and svhrnitled cn team@ prescribed by the Village Said rehum shall be filed with the Village by the filing date and at the same time intervals or frequencies as the retailers occupation tax return form ST -1 is due to be filed with the lllinois depar4neat of revenrc. Said return shall also he acre parsed by pa}anentto the Village ofnll tuxes imposed by thiarticle which are due and owing for the period mveral by said retnm. Said return shall also be acmmprmied nvith a copy of the, retum filed with the lllinois department ofrevenne for sales within the Village of Morton Grove covering the same reporting period (Ord_ 06 -39, 11 -27 -2006) 1- 18F -6: TRANS AIITTAI. OF EXCESS FAX COLLECTION: If any person collects an amount npon a stile not subjvet to the tax inipn,ced hereby but nhich unn ut is purported to be the collection of aid lax, or if person collects an amount upon n a sale greater thou the amount of the tax so imposed herein and does lint for any Jenson return the some to the purchaser who paid the same before filing the return for the period in which such occurred, said person shall account for and pry over those amounts to tine Village along with the lax properly collected- (Ord. 06 -39, 11 -27 -2006) 1- 18F -7: ENFORCEMENT; LICENSE SUSPENSION; REVOCATION: A. A ny owner or operator' of a prepared food Lvi I b3 or alcoholic liquor fact Iity oho fai is to timely pav alt taxes due pursuant to this article shall also pug a penalty equal to five percent (5%)) of any such unpaid tax and Shall pay interest oil ant• past due balance at the rate of one and one-half percent (1,5 %) per month. Any owner or operator of a prepared food facility or avoludic liquor foci Itry who fails to timely tiIc a tax stem required p rouMut to this FU hotel shall also pay a penalty equal to ten percent (10 %) of any fax due during the period covered by the return. B. The failure to comply with any obligation imposed by this chapter ,shall also be grounds for the suspension 01 levocabon Ofany license arperron issued to the noncompliant rovoca or opet %tor of a p spared food facility, or alcoholic hqu r facility or O nth respr ct to the affected Prepared food Fact I by or Noh" I is Iignor fret l it fclasu ant tc the ptorednre set ditto ill Section 4 -1 -9 of this title. No permit or license shall be renewed or issued to any owner or operator of a prepared food facility or alcoholic liquor facility n *ho has failed to cnmphr with any obligations imposed by lids chapter, or to any snbsegnent business located at the affected prepared food facility or alcoholic liquor facility until all required rcamns have been filed and all required taxes and penalties have been paid, (Ord. 06 -39, 11 -27 -2006) 1- 18F -8: PENALTY Any person violating any of tile provisrom of this arHdeshot) be fined is accordance with Title 1, Chapter 4 of this COde (Ord 08- 22,5 -12 -2008) I- 18F -9: CONFLICT WITH OTHER ORDINANCES: In the event this article or say part thereof is in conflict with Illy statute Ordinance, or resolution nr part thereof, the amendments in this inhere qLall be eonlrnllingand shall supersede all other sharks. ordinances, or resolutions but Judi to the extent Of such mmfict. (Ord. 06 -39, 11 -27 -2006) ARTICLE G. SELFSTORAGE FACILITY ACCOMMODATIONS TAX SECTION: I- 18G -1: Tax Imposed I- 18G -2: Definition of Self- Storage Facility I- ISG -3: Tax to he Boccie by Tenant I -ISG-4: Self Storage Facility to Secure Tax from Tenant 1- 18G -5: Records to be I {opt I- ISG -6: Enforcement; License SuspensiuNRevocation 1- 18G -7: Peralhes 1- 18G -1: I'AX till POSED: There I hereby imposed slid shall accrue immesh atety and be collected a tax, as herein pro riled, upon the rental or leasing of any self- storage facility acmmmodntions in the Village of Morton (:rove, al the cote of three percent (30 o) of the gross rental or leasing clmrge. Effective Tune 1, 2009, this tax shall he ilia eased to the me of fora percent (4 %) of the gross rental or leasing charge. Effective June 1, 2010, this tax shall be increased to the rate offiI e per (5 %) of the gross rental or leasing charge This tax slurp lie in addition to any and all other taxes. (Ord. 08 -04, 3 -10 -2008, eff 6-1 -2005) 106 107 1 -18G -1 DEFINITION OF SELF- STORAGE FACILITY: A "Self storage facility" is a building fir snufill c enter IT mg stalarcrek do pled storage rooms offered for lease or r mf to menhe fdu gene dpnhGe forth, rorrgc ofper_ona l pmpert} ,and /or property leased or rentedfff ofthegeneral peblie{or the overnight parking or storage ofvehidc (Ord.08- 04, 3-10-2008, off - 6-I -2008) 1- I8G -3: TAX' 1'0 BE BORNE BY TENANT: lire ultimateincidcneeof and liability for payment of said tax shall be home by the lessen or belief of any such self! sic facility acconnm datinns. Nothing herein shall he constpued to impose a Ina upon the ocenpatiop of leasin ore etdm elf- ! e facility shall have the dory $ p E _stm nee, fact7ities. Bach o terator of aself- sluing to collect the elf Storage fact lilt acmmnuulahon tax from each I ^ssee and f pa} it over to the Villa, along with an accounting Thecfore on the Irrupt fanny provided b} tl e Village- "file rehrm and the tax shall be filed c ith the director of fin mcetrcasmer on the same filing dates as are established ill filing with the llhnois drT rt neat ofrevcnne of retailer's Occupation tax return Conn STI or a suroloolimitter required Fear it hall be imlawfuJ for on nor, manager or opertor of self-storage fhcility acwnnnodations to fail to cause said bas to be collected from the (cscee or tenant of said .ell Storage facility accommodations or to Pail to file auy tax rehrm required be this article, or cause ,, id tax to be paid ovra 10 the director of Fill ancein larqurer under pules and rebarlations prescrila d III tile dm for of Dn: ace'hcnsumrnnd as otherwise provided for in this article (OaL 04- 04,3 -10- 2004 - off 6 -1 -2004) 1- I8G -4: SELF -S FORAGE FACILITY TO SECURE FAX PROM TENANT: 'I lie tax herein levied shall be collected by Tile self storage facility owmer, manager or operator from the lessee or te�rant when col Ieehng the price, charge or rent to which it applies. Every lessee or tenant shall be given a hill, invoice, receipt, or other statement or memorandum of the price, charge or rent pay' able upon which the self - storage facility accommodations tax shall he stated, charged and shown separately. The self storage facility accommodahon= tax shall be paid to the drector of- 1-200) essurot as trustee thereof for and on behalf of the e ill rge (Ord. 08 -04, 5- IO -2008, efF. 6 -1 -2008) I- 18G -5: RECORDS TO BE KEPT: Every oaoner, manager, or operator of a self storage facility in the Village shall reyst r with tic Village on fit] ns provided by the director of fin onceit, carer. Each such otvna r her, or operator sh al l ha -c the duty to nra intaiI, complete and accurate ho. ls, records and neeom Ts showing the gross receipts for the lease of any self storage facility a mnmodaf ens within the Vihage ofpf vt• +n Grnvc and .herring the pries, rents or cMrges ro tde or charged, and ocarpnnoes taxable under this 5dF slur aga Facility act lanm nation tax The direr, rot6nancertrea.urer, or his her desiguec, shill at all reasonable tithes have fall access to said books and recotds. (Ord 08 -04, 3 -10- 2.008, elf 6-1 -2008) I- 18G -6: ENFORCEI T: LICENSE SUSPENSIONiREVOC,AIION: A. Any self storage facility ¢fie Edisto h help pa}' all faces doe pursuant to this outicle shall also pay or permit) equal to fir a percent (s 1 f any such unpaid tax mid -h -11 pap interest on veypast doe halance at Thcrateof one percent 0`1)per month Any -If storage facility 108 who fails to bnrclytlle a tax re4mrca Imird pul inset to This article shall also pay, a penalty equal to fir c percent (5 %) of any tax due Ii rig the period covered by the retnrn- B. 1 he failure it coloph will ar}' obligation imposed by this article shall ako be grounds for the, uspension rI ceoeati mt of any certificate of compliance l kerns_ or permit issued to the t s Ifsforage (acilr.y or with r,�pect to rite self- storage facility pursuant to Ne procedure set forth in Section 4-4 -9 of this Cade. (Ord. 08 -K 3 -10 -2003, off, 6-1-2008) 1 -I8G7. PENALTIES: Anypersonfmmdgning ofviolahng an} -pro vision of[tus article may, th addition to an)'tax or penalty line, be asses, rd a fine in accordanec :viilt Title 7 Chapter 4 of this Code. Each day aviolalion continues to exist shall he a separate offense. Cilntio nc for r olahom (if this ariidc shall be adindiealed by the A: id ge's admimstmtive adjudsubon hearing officer, or at the choice of the V ilhge of com Morton Grove, by any court of petent jrrnsdicfion. (Ord. 09 -16, 10 -12 -2009) CHAPTER 19 FOREIGI PIRG INSURANCE ('01T4PANIES SECTION: 419 -1: Regniremwrt 4 -19 -2: Fees 4 -193: Reports 4 -19 -Ii REQUIREMEN'E: No corporation or aseoeiatiap not incorporated ender the laws of the State of Illinois shall engage in effect ins file insurance in the village or nansact am business offirc insurance in till Village w•ifhmrt fully file h rag with the provisions of Phis article ford 10J0, 5 -10 -2010) 4 -19 -2: FEES: Every corporation COTTTi nr', and association which is not inco under the lam's of Tile State of Illinois and tririct, is engaged in affecting fire insurance ur the G ilhge of fiction Grove shall pay fo the he:isurer of the foreign fire insurance board far them mienanre, use, sod benefit of the fire d pertinent Thereof, a sum equal to flirt (2° �) of the gross receipts of al premiums twha h hate been received during the year ending every .f fly I for all fire insurance effected or agreed to be effected (oil p opera, situalcd within the Village of Morton Grove, by that corporatimr, company 10 -2010) , or association respeetivel}'. (Ord. 10 -10, 5- 4 -19 -3: REPORTS: Every person who has as an agent, or othervdSe, on behnlf of ootporaboo canpany; or assomabon w6rrlr is not incorporated order the lamx of this State and lohich is engagedin liffactill, fireinsurance no the Village, shall leader to the treasurer of the foreign fire ina_nrance board on or before July 15 of each year, a fill and hire account, verified 109 by his/her oath, of alt of the in etninto wlarb, dnnng the year ending on Silly I preceding the report, were received k c him!hs, or by anp other person for him /her ou behalf of Thal coproration, Company, or assocmhoc_ f1c!she shall specify in this report the amounts rere]cVIA for fit c insurance. and hesshe shall pa} to the treasurer of the foreign file insurance board, at the time of rendering this report, the amount required in fhis Chapter_ If this account is not rendered on or before.lnlV 15 of each tear, or if the sum due ]eosins unpaid after that day, it shall he unlawful for arty coq. nmtion, COmpecall, or assocatina, so in defaulr to transact any bnsness in the Village unfll the sum duc has beta filly paid But this provision shall not relieve anp cerporntton, company, or associafion h'om lhepaymet of any loss upon anp risk taken in violation of this requircmcia, I be mincra of this tax and 'or license fee may he recovered from the corporih m, company Cr association rhu6 or °es it or fir m its agent, lc the Village of Motion Crave in addition to any other pennllna prodded hp this Code.I lic fimnce direclmr- treasurer 'of the Village may examine The banks, records, and other papers and documcnG of a designated agent, omp"trinon, company, or association for the purpose ofvenf}dng the correctness Of the report's amounts recrned for fire nisinance_ This Section shall bill he applicable to receipts from contracts of marine insurance, even thnnol they inn ad insurance afrainst fire, where the premium for the Inc fn alliance is Tint separately specified. (Ord 19 -10,5 10 -2010) SECTION 3: The terms and confinion_g ofthis ordinance that be srvclehle and if ant section, tens, provision, or condition is found to be invalid of nnenfm'ceable by any reason by a court of competent knisdictmn_tile remaining acefion -q terms, ptovisiom. and conditions, shaft remain in fill] force and effmi. SEC I ION 4: tnthe event this ordinance or any Code amendmcut herein is in eonflictc ith anv statute, ordinance, orrcnlinitial at ,a,t ITT, soft the aneodmens in this or shall be controlling and shall ,supersede all other statutes, ordinances, er resolutions bat orib to the extent of such conflict Except as amended in this ordinance, all chapters and sections Of tile Village of Morton Grove Village Code are herehy restated, readopted, and shall remain in tint force and effect. SECTION 5: This Ordinance shall he in fill force and effect from and ancr hr passage, appmtal and pubheatem in pamphlet form accon ing to law. PASSED this 25' day of November 2012. Trustee DiClada Tntstee Gonliv. Trustee Grear Trustee MINVIs Ilusbw (hill Trustee Toth APPROVED hp me this 26ih day of Nooemba' 2012, ATTESTED and FILED in my office this 26ei day OfNovCollier 2012, Tory S, KrIC rakns, Village Clerk Village of Marlon Grove Cook County, Illinois 110 111 rfarmal J Ctaackmann \ illage President V111age of Morton Cruse Cook County. tlibroi_= Legislative Summary — Resolution 12 -79 -- —.. �I AUTHORIZATION TION FOR THE EXECU-- TIO—N OF --- AN — AGR- - - -_ _ _ _ EEMENT BETWEEN GOVTEMP USA, LLC AND THE VILLAGE OF MORTON GLOVE, IL FOR EMPLOVEE LEASING Introduced Synopsis: Purpose: Background Programs, Depts or Groups Affected: Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider. or Requirements: Respectfully submitted: November 12, 2012 This resolution will authorize a contract with GovTemps USA LLC. to fill temporary positions from time -to -time on an as needed basis. Adoption of this resolution will provide for the filling of positions for the Village on a "temp -to- hire" basis. Cost efficiency and flexibility, while immediately filling a vacancy of a vital position, is its primary purpose. The Village from time -to -time requires the need for temporary personnel to fill various positions throughout the Village. GovTemps USA, LL,C provides for the advertising, recruitment and selection and related services of qualified individuals on a contract basis. The Village and GovTemps have negotiated an agreement to engage the services of supplying "worksite employees" to fill positions or complete assignments for the Village. These individuals will nor be considered Village employees but will be tile sole employeeofGovTemps. GovTempswil( therefore have the sole authority to assign and /or remove and discipline their employee. Village Hall Department GovTemps USA will be paid a specific amount for the use of a "temp." The Village WILL NOT be responsible for the associated employee benefit costs such as workers compensation, social security, health care, life insurance, pension, etc. If /when the "temp" is offered full -time employment with the Village, the Village will pay a one -time "placement fee ". Personnel The management and implementation of the agreement will be performed by the Administration and Finance Department as part of their normal work activities. Approval as presented. slot Required vone I�yaf1 J. H &me, Village Administrator Prepared by: _ Teresa Hoffman on Counsel AUTHORIZATION FOR THE EXECUTION OF AN AGREEMENT BETWEEN GOVTEMPUSA, LLC AND THE VILLAGE OF MORTON GROVE, IL FOR EMPLOYEE, LEASING WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the. State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax, purchase, and incur debt; and WHEREAS the Village of Morton Grove from time -to -time needs persons to perform work for the Village on a temporary or "as needed" basis; and WHEREAS, GovTemps USA, LLC of Deerfield, Illinois is able to provide advertising, recruitment and selection and related services of qualified individuals to provide services for the Village on a contract basis; and WHEREAS, Village staff and GovTemps USA, LLC have negotiated an agreement to engage the services to supply "worksite employees" to fill Village positions or complete assignments for the Village; and WHEREAS, the worksite employee shall remain an employee of GovTemps USA, LLC and shall not be considered an employee of the Village. GovTemps USA, LLC shall have the sole authority to assign and /or remove and discipline the worksite employee. WHEREAS, this resolution, once adopted, will authorize the Village Administrator to execute professional services agreements with GovTemps USA, LLC on an as needed basis and provide the Village with the option to hire the individual on a full -time basis at the Village's sole discretion. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute one or more contracts with GovTemps USA, LLC in substantial conformity with Attachment "A° attached hereto and made a part hereof to fill needed positions or complete identified assignments of the Village as the Village Administrator deems is in the best interest of the Village from time -to- time. SECTION 3: The Village Administrator or his designee is hereby authorized to take all appropriate actions to implement the contract(s). SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 12 °i DAY OF November 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12 "' Day of November 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 13`' day of November 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois EMPLOYEE LEASING AGREEMENT THIS EMPLOYEE LEASING AGREEMENT (this "Agreement ") is made this 5th day of July 201? ( "Effective Date ") by and between GOVTEMPUSA. LLC, an Illinois limited liability company ( "GovTemp "), and Village of Morton Grove, IL (the "Municipality ") (GovTemp and the Municipality may be reFerred to herein individually as "Party" and collectively as the "Parties ") RECITALS The Municipality desires to lease certain employees of GovTemp to assist the Municipality in its operations and Gov'I"emp desires to lease certain of its employees to the Municipality on the terms and conditions contained herein. AGREEMENT NOW, `I'HERE,FORE, in consideration of the mutual covenants and conditions set forth below, and other good and valuable considerations, the receipt and sufficiency of which are mutually acknowledged by the Parties, the Parties hereby agree as follows: SECTION I SCOPE OF AGREEMENT Section 1.01. Worksite Employee. The Municipality hereby agrees to engage the services of GovTemp to provide, and GovTemp hereby agrees to supply to the Municipality, the personnel fully identified on Exhibit A hereto, hereinafter the "Worksite Employee." Exhibit A to this Agreement shall further identify the employment position and/or assignment ( "Assignment ") the Worksite Employee shall fill at the Municipality and shall further identify the base compensation for each Worksite Employee, as of the effective date of this Agreement. Exhibit A may be amended from time to time by a replacement Exhibit A signed by both GovTemp and the Municipality. The Worksite employee shall not under any circumstances be considered an employee of the Municipality. GovTemp shall have the sole authority to assign and /or remove and discipline the Worksite Employee, provided, however that the Municipality may request, in writing, that GovTemp remove or reassian the Worksite Employee, such request shall not be unreasonably withheld by GovTemp. The Parties hereto understand and acknowledge that the Worksite Employee shall be subject to the Municipality's day -to -day supervision. Section 1.02. Independent Contractor. GovTemp is and shall remain an independent contractor, and not an employee, agent, partner of, or joint venturer with, the Municipality. GovTemp shall have no authority to bind the Municipality to any commitment, contract, agreement or other obligation without the Municipality's express written consent. SECTION 2 SERVICES AND OBLIGATIONS OF GOVTEMP AND MUNICIPALITY Section 2.01. Payment of Wages. GovTemp shall timely pay the wages and related payroll taxes of the Worksite Employee from GovTemp's own account in accordance with federal and Illinois law and GovTemp's standard payroll practices. GovTemp shall withhold from such wages all applicable taxes and other deductions elected by the Worksite Employee. GovTemp shall timely forward all deductions to the appropriate recipient as required by law. The Municipality hereby acknowledges that GovTemp may engage a financial entity to maintain its financing and record keeping services, which may include the payment of wages and related Payroll taxes in accordance with this Section 2.01. The Municipality agrees to cooperate with any such financial entity to ensure timely payment of (i) wages and related payroll taxes pursuant to this Section 2.01, and (ii) Fees pursuant to Section 3.03. Section 2.02. Workers` Compensation. To the extent required by applicable. law, GovTemp shall maintain and administer workers` compensation, safety and health programs. GovTemp shall maintain in effect workers` compensation coverage covering all Worksite Employee and complete and file all required workers' compensation forms and reports. Section 2.03. Employee Benefits. GovTemp shall provide to Worksite Employee those employee benefits fully identified on Exhibit B hereto. GovTemp may amend or terminate any of' its employee benefit according to their terms. The Municipality shall only be responsible for those employee benefits, including health insurance, pension benefits and severance benefits for Worksite Employee that are included in Fees payable to GovTemp under Section 3.01 of this Agreement. Section 2.04. Maintenance and Retention of Payroll and Benefit Records. GovTemp shall maintain complete records of all wages and benefits paid and personnel actions taken by GovTemp in connection with any of the Worksite Employee, shall retain control of such records at such GovTemp location as shall be determined solely by GovTemp, and shall make such records available as required by applicable federal, state or local Laws. Section 2.05. Other Obligations of GovTemp. Gov't "emp shall be responsible for compliance with any federal, state and local law that may apply to its Worksite Employee(s), Section 2.06. Direction and Control. The Parties agree and acknowledge that the Municipality has the right to exert sufficient direction and control over the Worksite Employee as is necessary to conduct the Municipality's business and operations, without which. the Municipality would be unable to conduct its business, operation or comply with any applicable licensure, regulatory or statutory requirements excluding matters of d&ipline,removal or reassignment, as provided for by Section 1.01. Section 2.07. Obligations of the Municipality. As part of the employee leasing relationship. the Municipality hereby covenants, agrees and acknowledges: (a) The Municipality shall comply with OSHA and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Worksite Employee or to his or her place of work. The Municipality agrees to comply, at its expense, with all health and safety directives from GovTemp's internal and external loss control specialists. GovTemp `s workers' compensation carrier, or any government agency having jurisdiction over the place of work. The Municipality shall provide and ensure use of all personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rule or as deemed necessary by GovTemp's workers' compensation carrier. GovTemp and GovTemp's insurance carriers shall have the right to inspect the Municipality's premises to ensure that the Worksite Employee is not exposed to an unsafe work place. In no way shall GovTemp's rights under this paragraph affect the Municipality's obligations to the Worksite Employees under applicable taw or to GovTemp under this Agreement (b) The Municipality shall be responsible for compliance with any applicable federal, state and local law, that may apply to the Worksite Employee(s). (d) 1fie Municipality shall not have the right to remove or reassign the Worksite Employee except in accordance with Section 1.01; (e) The Parties agrees that the Municipality shall pay no wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Worksite Employee; (f) The Municipality shall report to GovTemp any injury to any Worksite Employee of which it has knowledge within twenty -four (24) hours of acquiring such knowledge. If a Worksite Employee is injured in the course of performing services for the Municipality, the Municipality and GovTemp shall follow the procedures and practices regarding injury claims and reporting. as determined by GovTemp. Upon receipt of notification from GovTemp or its insurance carrier that an injured Worksite Employee is able to return to work and perform "light duty," the Municipality shall immediately make available an appropriate light duty work assignment for such Worksite Employee to the extent required or permitted by any applicable taw; and (g) The Municipality shall report all on- the -job illnesses, accidents and injuries of the Worksite Employee to GovTemp within twenty -four (24) hours following notification of said injury by employee or employee's representative. SECTION 3 FEES PAYABLE TO G®VTENIP Section 3.01. Fees. The Municipality hereby agrees to pay GovTemp fees for the services provided under this Agreement as follows: (a) The base compensation as fully identified on Exhibit A, as amended; plus (b) Any employee benefits GovTemp paid to the Worksite Employee as identified on Exhibit B hereto, including, but not limited salary; wages; commissions; bonuses; sick pay; workers' compensation, health and other insurance premiums; payroll, unemployment, FICA and other taxes; vacation pay; overtime pay; severance pay; monthly automobile allowances, and any other compensation or benefits payable under any applicable GovTemp pension and welfare benefit plan or federal, state or local laws covering the Worksite Employee, Section 302. Increase in Fees. Gov'Femp may increase fees to the extent and equal to any mandated tax increases, e.g. FICA, FUTA, Stale Unemployment taxes when they become effective. GovTemp may also adjust employer benefit contribution amounts by providing the Municipality with a written thirty (30) day notice, provided, such changes in employer benefit contribution amounts apply broadly to all GovTemp employees. Section 3.03. Payment Method, Following the close of each month during the term of this Agreement, GovTemp shall provide the Municipality a written invoice for the fees owed by the Municipality pursuant to this Agreement for the prior month. Within thirty (30) days following receipt of such invoice, the Municipality shall pay all invoiced amounts by check, wire transfer or electronic funds transfer to GovTemp to an account or lockbox as designated on the invoice. SECTION 4 INSURANCE Section 4.01. General and Professional Liability Insurance. The Municipality shall maintain in full force and effect at all times during the term of this Agreement a Comprehensive (or Commercial) General Liability and Professional Liability (if applicable) insurance policy or Policies (the "Policies "), with minimum coverage in the amount of $1,000.000 per occurrence, $3,000,000 aggregate. At a minimum, the Policies shall insure against bodily injury and property damage liability caused by on- premises business operations, completed operations and /or products or professional service and non -owned automobile coverage. Section 4.02. Certificate of Insurance. Upon request, the Municipality shall provide GovTemp with one or more Certificates of Insurance, verifying the Municipality's compliance with the provisions of Section 4.01. Section 4.03. Automobile Liability Insurance. If the Worksite Employee drives a Municipal or personal vehicle for any reason in connection with his or her Assignmenu, the Municipality shall maintain in effect automobile Iiability insurance which shall insure the Worksite Employee, GovTemp and the Municipality against liability for bodily injury, death and property damage. SECTION 5 DURATION AND TERMINATION OF AGREEMENT Section 5.01. Effective and Termination Dates. This Agreement shall become effective on October 23, 2012 and shall continue in effect until December 3 t, 2012 or until it is terminated in accordance with the remaining provisions of this Section 5. For the purposes of the Agreement, the date on which this Agreement expires and /or is terminated shall be referred to as the "Termination Date." This agreement may be extended for additional one (1) year terms upon agreement of the parties. Future agreements will run consistent with the Village's fiscal year, M January 1 through December 31. Section 5.02. 'termination of Agreement for Failure to Pay Fees. If the Municipality fails to timely pay the fees required under this Agreement, GovTennp may give the Municipality notice of its intent to terminate this Agreement for such failure and if such failure is remedied within ten (10) days, the notice shall be of no further effect. If such failure is not remedied within the ten (10) day period, GovTernp shall have the right to terminate the Agreement upon expiration of such remedy period. Section 5.03. 'termination of Agreement for Material Breach. If either Party materially breaches this Agreement, the non- breaching Party shall give the breaching Party notice of its intent to terminate this Agreement for such breach and if such breach is remedied within ten (10) days, the notice shall be of no further effect. If such breach is not remedied within the ten (10) day period, the non - breaching Party shall have the right to immediately terminate the Agreement upon expiration of such remedy period. Section 5.04. Termination of Agreement to execute 'temp -to -hire Arrangement. At the end of the term of the agreement, as outlined in Section 5.01, the Village of Morton Grove may hire the Employee as a permanent employee of the Village. If the Village exercises this option, the sum of two weeks gross salary is payable to GovTempsUSA, LLC within thirty (30) days of the permanent employment date. If the Villages wishes to hire the Employee. as a permanent employee of the Village prior to the end of the Temp -to -Hire arrangment, then an additional fee of 10% of the two weeks gross salary figure is payable to GovTempsUSA, LLC. If the Village does not exercise the Temp -To -Hire Arrangement by the end of the contract, as outlined in Section 5.01, it agrees not to extend an offer of employment to the Employee for two years after the conclusion of this agreement. If an offer is made within two years after the conclusion of this agreement, as outlined in Section 5.01, then the two weeks gross salary fee is payable to GovTempsUSA, LLC within thirty (30) days of the permanent employment date. SECTION 6 NON-SOLICITATION Section 6.02. Non - Solicitation. The Municipality acknowledges GovTernp's legitimate interest in protecting its business for a reasonable time following the termination of this Agreement. Accordingly, the Municipality agrees that during the term of this Agreement and for a period of two (2) years thereafter, the Municipality shall Dot solicit, request, entice or induce Worksite Employee to terminate his or her employment with the GovTemp, nor shall the Municipality hire Worksite Employee as an employee. Section 6.02. Injunctive Relief. The Municipality recognizes that the rights and privileges granted by this Agreement are of a special, unique, and extraordinary character, the loss of which cannot reasonably or adequately be compensated for in damages in any action at law. Accordingly, the Municipality understands and agrees that GovTemp shall be entitled to equitable relief, including a temporary restraining order and preliminary and permanent injunctive relief.. to prevent or enjoin a breach of Section 6.0 I this Agreement. The Municipality also understands and agrees that any such equitable relief shall be in addition to, and not in 5 substitution for, any other relief to which the GovTemp may be entitled. Section 6.03. Survival. The provision of this Section 6 shall survive any termination of this Agreement. SECTION 7 DISCLOSURE AND INDEMNIFICATION PROVISIONS Section 7.01. Indemnification by (:ovTemp. GovTemp agrees to indemnify, defend and hold the Municipality and its related entities or their agents, representatives or employees (the "Municipality Parties ") harmless from and against all claims, liabilities, damages, attorney's fees, costs and expenses ( "Losses ") (a) arising out of GovTemp's breach of its obligations under this Agreement, (b) related to the actions or conduct of GovTemp and its related business entities, their agents, representatives, and employees (the "GovTemp Parties "), taken or not taken with respect to the Worksite Employees that relate to events or incidents occurring prior or subsequent: to the term of this Agreement, and (c) arising from any negligent or willful act or omission on the part of GovTemp or any of the GovTemp Parties. Section 7.02 Indemnification by Municipality. The Municipality agrees to indemnify, defend and hold the GovTemp Parties harmless from and against all Losses (a) arising out of the Municipality's breach of its obligations under this Agreement, (b) relating to any activities or conditions associated with the Assignment caused by or arising out of the negligence or misconduct of any Municipality Party, including without limitation, the Worksite Employee workers' compensation claims, and (c) arising from any act or omission on the part of the Municipality or any of the Municipality Parties. Notwithstanding the foregoing, the Municipality shall have no obligations to the GovTemp Parties under this Section with respect to Losses arising out of events or incidents occurring before or after the term of this Agreement. Section 7.03. indemnification Procedures. The Party that is seeking indemnity (the "Indemnified Party ") from the other Party (the "Indemnifying Party ") pursuant to this Section 71 shall give the Indemnifying Party prompt notice of any such claim, allow the Indemnifying Party to control the defense or settlement of such claim and cooperate with the Indemnifying Party in all matters related thereto; provided however that, prior to the Indemnifying Party assuming such defense and upon the request of the Indemnified Party, the Indemnifying Party shall demonstrate to the reasonable satisfaction of the Indemnified Party that the Indemnifying Party (a) is able to fully pay the reasonably anticipated indemnity amounts under this Section 7 and (b) takes steps satisfactory to the Indemnified Party to ensure its continued ability to pay such amounts. In the event the Indemnifying Party does not control the defense, the Indemnified Party may defend against any such claim at the Indemnifying Party's cost and expense, and the Indennifying Party shall fully cooperate with the Indemnified Party, at no charge to the Indemnified Party, in defending such potential Loss, including, without limitation, using reasonable connncreial efforts to keep the relevant Worksite Employee available. In the event the Indemnifying Party controls the defense, the Indemnified Party shall be entitled, at its own expense, to participate in, but not control, such defense. The failure to promptly notify the Indemnifying Party of any claim pursuant to this Section shall not relieve such Indemnifying Party of any indemnification 6 obligation that it may have to the Indemnified Party, except to the extent that the Indemnifying Party demonstrates that the defense of such action has been materially prejudiced by the Indemnified Party's failure to timely give such notice. Section 7.04. Survival of Indemnification Provisions. The provisions of this Section 7 shall survive the expiration or other termination of this Agreement. SECTION 8 ADDITIONAL PROVISIONS Section 8.01. Amendments. This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by all of the Parties to this Agreement, except for changes to the fees as set forth in Section 3. Section 8.02. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, successors, representatives and assign. Neither Party may assign its rights or delegate its duties hereunder without the express written consent of the other Party, which consent shall not be unreasonably withheld. Section 8.03. Counterpart Execution. This Agreement may be executed and delivered in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered via facsimile. Section 8.04. Definitions. Terms and phrases defined in any part of this Agreement shall have the defined meanings wherever used throughout the Agreement. The terms "hereunder" and "herein" and similar terms used in this Agreement shall refer to this Agreement in its entirety and not merely to the section, subsection or paragraph in which the teen is used. Section 8.05. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding GovTemp's provision of Worksite Employee to the Municipality, and contains all of the terms, conditions, covenants, stipulations, understandings and provisions agreed upon by the Parties. This Agreement supersedes and takes precedence over all proposals, memorandum agreements, tentative agreements, and oral agreements between the Parties, made prior to and including the date hereof, and not specifically identified and incorporated in writing into this Agreement. No agent or representative of either Party hereto has authority to make, and the Parties shall not be bound by or liable for, any statement, representation, promise, or agreement not specifically set forth in this Agreement. Section 8.06. further Assurances. Each of the Parties shall execute and deliver any and all additional papers, documents, and other assurances and shall do any and all acts and things reasonably necessary in connection with the performances of their obligations hereunder and to carry out the intent of the panties hereto. Section 8.07. Gender. Whenever the context herein so requires, the masculine, feminine or neuter gender and the singular and plural number shall each be deemed to include the other. 6 Section 8.08. Notices. Notices given under this Agreement shall be in writing and shall either be served personally or delivered by certified first class U.S. Mail, postage prepaid and return receipt requested or by overnight delivery service. Notices also may effectively be given by transmittal over electronic transmitting devices such as Telex or facsimile machine if the Party to whom the notice is being sent has such a device in its office, provided that a complete copy of any notice shall be mailed in the same manner as required for a mailed notice. Notices shall be deemed received at the earlier of actual receipt or three days from mailing date. Notices shall be directed to the Parties at their respective addresses shown below. A Party may change its address for notice by giving written notice to the other Party in accordance with this Section: If to GovTemp: GOVTEMPUSA, LLC 500 Lake Cook Road, Suite 350 Deerfield, Illinois 60015 Attention: 7oellen C. Earl Telephone: 847 - 580 -4248 Facsimile: 866- 803 -1500 If to the Municipahty: Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60053 Attention: Ryan Horne Telephone: (847) 470 -5220 Facsimile: (847) 965 -4162 Section 8.09. Section Headings. Section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Section 8.10. Severabiiity. If any part or condition of this Agreement is held to be void, invalid or inoperative, such shall not affect any other provision hereof, which shall continue to be effective as though such void, invalid or inoperative part, clause or condition had not been made. Section 8.11. Waiver of Provisions. The failure by one Party to require performance by the other Party shall not be deemed to be a waiver of any such breach, nor of any subsequent breach by the other Party of any provision of this Agreement. Such waiver shall not affect the validity of this Agreement. nor prejudice either Party's rights in connection with any subsequent action. Any provision of this Agreement may be waived if, but only if, such waiver is in writing signed by the Party against whom the waiver is to be effective. Section 8.12. Confidentiality. Each Party shall protect the confidentiality of the other's records and information and shall not disclose confidential information without the prior written consent of the other Party. Each Party shall reasonably cooperate with the other Party regarding any Freedom of information Act (FOIA) request calling for production of documents related to 8 this Agreement. Section 8.13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois applicable to contracts made and to be performed entirely within such state, except the taw of conflicts. Section 8.14. Arbitration. (a) Negotiation /Arbitration Process. The parties will attempt to settle any dispute arising out of or relating to this Agreement, or the breach thereof, through good faith negotiation between the parties. If settlement cannot be reached through good faith negotiation within thirty (30) days after the initial receipt by the allegedly offending party of written notice of the dispute, the controversy or claim shall be settled by binding arbitration conducted before a single arbitrator who is knowledgeable in employment law. Either party may submit the dispute to arbitration. The arbitration will be conducted in accordance with the then applicable rules and regulations of the American Arbitration Association ( "AAA "). The arbitration will be held in Cook County, Illinois. The arbitrator shall be mutually agreed upon by the parties, but if they are unable to agree on an arbitrator, the arbitrator shall be appointed by AAA. All arbitration proceedings shall be closed to the public and confidential. All records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitrator's decision. (b) Arbitration Award. The arbitrator will be bound by the terms and conditions of this Agreement and shall have no power, in rendering his or her award, to alter or depart from any express provision of this Agreement, and his or her failure to observe this limitation shall constitute grounds for vacating the award. Except as otherwise provided in this Agreement, the arbitrator shall apply the law specified in Section 8.3. The arbitrator will not be empowered to award punitive damages except for willful misconduct. The award of the arbitrator shall be final and binding upon the parties and judgment upon the award may be entered in any court having Jurisdiction thereof. [Signatures on following page] 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first above written. GOVTEMPUSA, LLC, an IIlinois limited liability company By: Name: Joellen C Earl Title: President/Co -owner Village of Morton Grove By: Name: Daniel J. Staaekmann Title: Village President 10 EXHIBIT A Worksite Employee and Base Compensation WORKSITE EMPLOYEE: POSITION /ASSIGNMENT: BASE COMPENSATION: GOVTEMPUSA, INC.: MUNICIPALITY: By: Bv7 Date: This Exhibit A fully replaces all Exhibits A for the same Worksite Employee dated prior to the date of the Company's signature above. Exhibit EXHIBIT B Summary of Benefits Exhibit