===== PDF PAGE 6 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO ECONOMIC DEVELOPMENT COMMISSION AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 6 Business Regulations Review COMMISSION AGENDA DATE: 01/27/2026 STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE ITEM SUMMARY: Per the 2026–2028 Economic Development Plan, staff will begin a Business Regulations Review once the Business Support Specialist position has been filled. In preparation, staff is requesting the Commission’s assistance in identifying potential areas for improvement within Chapter 9 of the West Chicago Municipal Code, titled “Licenses, Permits and Business Regulations.” This discussion is intended to support the Commission’s advisory role in fostering an environment where commercial, cultural, and community enterprises can flourish by ensuring the City’s business regulations are clear, predictable, and aligned with West Chicago’s economic development goals. This will be a high-level policy review and is not intended to evaluate any individual business, application, or enforcement matter. Instead, the Commission’s input will help staff identify which areas of Chapter 9 may benefit from future refinement, modernization, improved communication, or administrative streamlining. Scope of Review Chapter 9 establishes the City’s framework for business licensing, registrations, and regulations for specific business types and activities. This review does not include zoning regulations, building codes, or other chapters of the Municipal Code at this time. Desired Outcome from the Commission Staff is seeking the Commission’s input on the following: 1. Clarity & predictability: Are the regulations understandable to business owners and the public? 2. Business-friendliness: Do requirements support responsible operations without creating unnecessary barriers? 3. Modernization opportunities: Are there areas where language, processes, or requirements may be outdated or unclear? 4. Priority focus areas: If improvements are pursued over time, what should be the top priorities? ACTION PROPOSED: Staff requests Commissioner feedback on the current business regulations contained in Chapter 9 of the West Chicago Municipal Code. Attachment: Chapter 9 of the West Chicago Municipal Code ===== PDF PAGE 7 ===== [Extraction: embedded PDF text] - CODE OF ORDINANCES Chapter 9 LICENSES, PERMITS AND BUSINESS REGULATIONS Chapter 9 LICENSES, PERMITS AND BUSINESS REGULATIONS1 ARTICLE I. IN GENERAL Sec. 9-1. License required. It shall be unlawful to engage in the businesses or activities regulated in this chapter 9 without having obtained a license therefore. No license shall be granted by the city when any applicant owes the city any money for any purpose whatsoever. (Ord. No. 833, § 1, 11-4-68; Ord. No. 1456, § 1, 12-17-79; Ord. No. 11-O-0007, § 4, 5-16-2011) Sec. 9-2. Separate licenses required for individual businesses. Any person operating any business requiring more than one (1) license under this article shall be required to procure a license for each and every business so operated and required hereunder to be licensed. (Ord. No. 1147, § 3, 1-15-73) Sec. 9-3. Application. Application for licenses shall be obtained from the city clerk. (Ord. No. 833, § 2, 11-4-63) Sec. 9-4. Term. Unless otherwise provided, all licenses shall be for one (1) year, beginning January 1 and shall expire December 31 following. (Ord. No. 1147, § 2, 1-15-73; Ord. No. 4393, § 1, 2-5-2001) Sec. 9-5. Signatures. Each license or permit issued shall bear the signature of the mayor, in the absence of any provision to the contrary. (Code 1954, Ch. XIV, § 3) 1Cross reference(s)—License required, § 3-6 et seq. West Chicago, Illinois, Code of Ordinances Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 1 of 123 ===== PDF PAGE 8 ===== [Extraction: embedded PDF text] Sec. 9-6. Investigations. Upon the receipt of an application for a license or permit, where any provision of this Code or other ordinance of the city necessitates an inspection or investigation before the issuance of such permit or license, the same shall be referred to the proper officer for making such investigation within forty-eight (48) hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof, unless a longer period of time is otherwise provided by another provision of this Code. (Code 1954, Ch. XIV, § 4; Ord. No. 4393, § 2, 2-5-2001) Sec. 9-7. Reserved. Editor's note(s)—Ord. No. 11-O-0007, § 9, adopted May 16, 2011, repealed § 9-7, which pertained to fees and derived from Ord. No. 833, adopted November 4, 1963. Sec. 9-8. Reserved. Editor's note(s)—Ord. No. 11-O-0007, § 9, adopted May 16, 2011, repealed § 9-8, which pertained to fees— enumeration and derived from Ord. No. 1147, adopted January 1, 1973; Ord. No. 1730, adopted May 7, 1984; Ord. No. 1879, adopted April 4, 1988; Ord. No. 2448, adopted August 5, 1991; Ord. No. 2969, adopted May 6, 1996; Ord. No. 4393, adopted February 5, 2001; Ord. No. 01-O-0083, adopted October 15, 2001; Ord. No. 02-O-0120, adopted November 4, 2002; Ord. No. 03-O-0110, adopted December 15, 2003 and Ord. No. 03-O-0119, adopted January 5, 2004. Sec. 9-9. Building and premises. No license shall be issued for the conduct of any business, if the premises and building to be used for the purpose do not fully comply with the requirements of the ordinances of the city. No license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance. (Code 1954, Ch. XIV, § 7) Sec. 9-10. Fraud. Any licensed firm, business, corporation, or person who shall be guilty of any fraud, cheating or misrepresentation, whether through himself or an employee, while conducting business in the municipality shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and the mayor may revoke his license for such an offense. (Ord. No. 833, § 4, 11-4-63) Sec. 9-11. Reserved. Editor's note(s)—Ord. No. 11-O-0007, § 35, adopted May 16, 2011, repealed § 9-11, which pertained to annual increase in licenses and derived from Ord. No. 07-O-0195, adopted December 7, 2007. Similar provisions can found in Appendix G, §§ 1.1. and 1.3. Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 2 of 123 ===== PDF PAGE 9 ===== [Extraction: embedded PDF text] Secs. 9-12—9-25. Reserved. ARTICLE II. BUILDING CONTRACTORS Sec. 9-26. Definitions. The following terms used in this section have the following meanings unless the context otherwise requires: Contractor: Any person engaged in the business of constructing, altering or repairing buildings or other structures or sidewalks or pavements, including but not limited to: carpentry contractors; concrete contractors; dry wall contractors; fencing contractors; fire-sprinkler contractors; garage contractors; general contractors; heating, air conditioning and refrigeration contractors; lawn-sprinkler contractors; masonry contractors; paving contractors (including brick pavers); plastering contractors; porch and deck contractors; sewer and water contractors; sheet metal contractors; siding contractors; swimming pool contractors; window contractors; and wrecking/demolition contractors. Homeowner: As used in this section, shall be understood to mean anyone who occupies, or intends to occupy, the residence in which said individual possesses an ownership or other interest in the property, other than occupancy through a lease agreement. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-27. Registration required. (a) It is unlawful to engage in business as a contractor within the city without first having registered as hereinafter provided. (b) For every required construction permit issued, the primary contractor as shown on the permit application, shall be registered with the city. (c) Exceptions: (1) Any plumbing contractor, roofing contractor or other contractor licensed and/or otherwise regulated by the State of Illinois. However, a current copy of the respective license must be on file with the community development department, prior to the issuance of a permit. This exception will remain so long as the work being performed is performed under said license and is covered by the bond and licensing requirements of the State of Illinois. (2) Homeowner, as defined herein, is not required to obtain a contractor's registration for doing work on his/her own residence. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-28. Term. The city shall issue a registration, upon proper application and compliance with this article. All contractors' registrations shall expire on December 31 of each year. Any registration application not acted upon by the city within sixty (60) days from the date of application, shall be deemed denied. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 3 of 123 ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] Sec. 9-29. Fees. The fees for such license shall be as prescribed in Appendix G; such fees shall not be prorated or refunded. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 07-O-0019, § 3, 3-19-2007; Ord. No. 11-O-0007, § 12, 5-16- 2011) Sec. 9-30. Bond. Prior to the issuance of a contractor's registration, the applicant shall submit a license and permit bond to the city in the sum of ten thousand dollars ($10,000.00), in a form acceptable to the city, as security for the applicant's full and complete performance in accordance with the contractor's building permit and applicable codes and ordinances of the city. Such bond expires December 31 of each year or until canceled by the provider. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-31. Contractor insurance. (a) Contractors shall maintain sufficient insurance to protect the interests of the property owner and the community during the performance of any work undertaken in the city. All insurance must be placed with financially responsible companies that are authorized under the insurance laws of Illinois, to do business in the State of Illinois. Minimum coverage shall include the following types of insurance in the following amounts: (1) Worker's compensation and employee's liability: not less than one hundred thousand dollars ($100,000.00) per person; (2) Comprehensive public liability: not less than two hundred fifty thousand dollars ($250,000.00) for injuries, including accidental death to any person, and subject to the same limits for each person, in an amount of any one (1) accident; (3) Property damage: not less than one hundred thousand dollars ($100,000.00) for damage to property in any one (1) accident with an aggregate limit of not less than three hundred thousand dollars ($300,000.00). (b) Prior to the issuance of a contractor's registration, insurance coverage shall be verified by submittal of a valid annual certificate from the contractor's insurance agent listing the city as certificate holder. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-32. Administration. Upon the building official's preliminary determination that cause may exist to suspend or revoke a registration issued pursuant to the provisions of this article, the building official shall serve written notice of that intent to the contractor. (1) Any written notice of intent to suspend, revoke or not renew a registration shall be served by certified mail, return receipt requested, at the address shown on the registration application. (2) Such written notice shall include: a. A general statement of the facts which the building official believes constitutes cause to suspend or revoke the registration; Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 4 of 123 ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] b. A statement describing the manner in which the contractor may request a cause hearing to suspend or revoke the registration; c. The time within which the hearing request must be served on the building official in order to obtain a hearing; and d. The intended disposition of the registration in the event a timely request for a public hearing is not served as provided in this section. (3) The building official must receive a contractor's written request for a hearing on a preliminary determination to suspend or revoke his registration not less than fourteen (14) calendar days after the date on which the contractor received the notice. (4) Upon the timely receipt of the contractor's written request for a hearing, the building official shall schedule a hearing to consider whether cause exists to suspend or revoke the registration. (5) Written notice of the time, date and place of said hearing shall be served upon the contractor by certified mail at the address listed in the application, return receipt requested, not less than seven (7) calendar days prior to said hearing. (6) The building official shall render a decision, in writing together with an order to either suspend the registration for a definite period of time or to revoke the registration for a period not to exceed two (2) years. (7) Any suspension or revocation of a registration shall also apply to any subsequent company that has a twenty (20) percent or more common identity/ownership interest with the affected contractor. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-33. Appeals. (a) The decision of the building official on any suspension or revocation of a registration issued pursuant to the provisions of this chapter may be appealed directly to the city administrator. (b) Any request for an appeal must be in writing and filed with the city administrator within fourteen (14) days of the building official's decision. (c) Any such appeal shall be based upon the record of the proceedings before the building official. A hearing de novo shall not be allowed, and no new or additional evidence in support of, or in opposition to, the building official's findings shall be considered. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-34. Compliance with building regulations. It shall be the duty of all contractors to comply with all ordinances relating to the construction of buildings or other structures, and all laws or ordinances pertaining to or regulating the activities undertaken. (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Sec. 9-35. Penalty. Any person, firm or corporation who shall violate any provision of this article by failing to obtain a contractor registration shall be subject to a fine per section 1-8 of this Code. A separate offense shall be determined to have been committed each day during which or on which the violation occurs or continues. Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 5 of 123 ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] (Ord. No. 04-O-0017, § 1(Exh. A), 8-2-2004; Ord. No. 11-O-0007, § 12, 5-16-2011) Secs. 9-36—9-45. Reserved. ARTICLE III. ANNUAL BUSINESS REGISTRATION Sec. 9-46. Annual business registration required. Every business, as defined in this article, whether or not subject to any licensing requirements of the city or of any other governmental agency, shall annually register with the city in the manner, and at the times, prescribed in this article. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-46.1. Definition of business. For purposes of this article, the term "businesses" shall mean any for-profit or not-for-profit entity, including, without limitation, any sole proprietorship, partnership, corporation, joint venture, association, franchisee, or cooperative that leases or owns spaces within a building, located in the city for the primary purpose of carrying on such business. Businesses that operate from distinct spaces or buildings with separate addresses shall be deemed to be separate businesses regardless if such businesses are owned or operated by the same sole proprietorship, partnership, corporation, joint venture, association, franchisee, or cooperative. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-47. Registration deadline. Every business subject to the regulations in this article shall register with the city on or before December 31 of each calendar year, for the subsequent calendar year. Any business that commences initial operations within the city after January 1 of a given year shall, within thirty (30) days after commencement, register for its annual permit for the year within which commencement occurs. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-48. Annual business registration application form. Annual business registration applications shall be on forms prepared and supplied by the city. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-48.1. Annual business registration fee. Upon the submittal of the annual business registration application, every business shall pay an annual registration fee as prescribed in Appendix G. Not-for-profit and charitable organizations shall not be required to pay a fee. Said fee is in addition to any other fees required of businesses subject to separate licensing regulations. Such fees shall not be refunded or prorated. Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 6 of 123 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] (Ord. No. 04-O-0122, § 1, 11-15-2004; Ord. No. 05-O-0070, § 1, 9-6-2005; Ord. No. 07-O-0019, § 1, 3-19-2007; Ord. No. 07-O-0105, § 2, 12-7-2007, eff. 1-1-2008; Ord. No. 11-O-0007, § 13, 5-16-2011) Sec. 9-48.2. Changes to business registration application. Every business shall submit written notice of any change to a previously submitted annual business registration application to the city within thirty (30) days after the occurrence of such change. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-48.3. Exempted activities and organizations. The registration requirements of this article shall not apply to: (1) Activities sponsored or conducted exclusively by educational, civic or political organizations or institutions. (2) Governmental institutions or agencies. (3) Home occupations, as defined in Section 4.1 of the Zoning Code. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-49. Additional businesses. Except as otherwise provided in this article, a business that is registered pursuant to this article may engage in an additional business without submitting an additional annual business registration application if: (1) The additional business is owned or operated by the same sole proprietorship, partnership, corporation, joint venture, association, franchisee, or cooperative; (2) The additional business is conducted solely within a space or building with the same address as the previously registered business; (3) The additional business is subordinate to the registered business in terms of income and use of the space or building; and (4) The additional business is customarily conducted in conjunction with the registered business. (Ord. No. 04-O-0122, § 1, 11-15-2004) Sec. 9-50. Reserved. Editor's note(s)—Ord. No. 15-O-0021, § 1, adopted June 15, 2015, repealed § 9-50, which pertained to penalty and derived from Ord. No. 04-O-0122, § 1, 11-15-2004; Ord. No. 11-O-0007, § 14, 5-16-2011. ARTICLE IV. PAWNBROKERS AND PRECIOUS METALS DEALERS2 2Editor's note(s)—Ord. No. 12-O-0007, § 4, states that all pawnbrokers and precious metals dealers operating within the city at the time these licensing regulations are adopted by the city council shall be granted a Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 7 of 123 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] license so long as they comply with all of the requirements of the article. It should also be noted that § 7 of said ordinance shall be in full force and effect on November 1, 2012 for the 2013 business license years. Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 8 of 123 ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] Sec. 9-51. Definitions. As used in this article, the following words or phrases shall have the following meaning: Pawnbroker: Every owner, operator or employee engaged in the business of receiving property in pledge or as security for money or other things advanced to the pawner or pledger shall be deemed to be a pawnbroker. Precious metals dealer: Every owner, operator or employee engaged in the business of the purchase, sale, trade or barter of jewelry and valuable or precious metals, as defined in this article, shall be deemed a precious metals dealer, whether such dealer operates from a fixed storefront business, or is conducting business on a temporary, short-term basis from a non-fixed location. LeadsOnline: A computerized records management system designed to record transactions between pawnshops and precious metals dealers and their customers and transmit said transactions electronically to law enforcement agencies. Licensee: The owner, operator, and all employees of a business licensed under this article. Precious metals: Articles consisting primarily of the elements gold (chemical symbol Au), silver (chemical symbol Ag), platinum (chemical symbol Pt) or palladium (chemical symbol Pd), but not including articles merely plated with these metals or articles similar in color to these metals but not actually consisting of them. Individually identifiable articles: Articles that are individually identifiable by a serial number, or other applied numbers, letters, characters or markings, or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-52. Exemptions. This article shall not apply to businesses or charitable organizations that accept donated goods for resale and to precious metal dealers that are purchasing precious metals solely at home sales. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-53. Electronic reporting of transactions. The city shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, to enhance its investigative services to protect pawnbrokers and precious metals dealers and members of the general public. In the event of a change to its electronic reporting system, the city will notify all impacted licensees of the change within a reasonable time prior to such change. Every pawnbroker or precious metals dealer shall operate and maintain a computer system with Internet access and photographic or video capability sufficient for the electronic reporting requirements described in this article. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements. The licensee shall immediately notify the designated individual in the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license suspension or revocation proceedings defined in this article. (Ord. No. 12-O-0007, § 2, 10-1-2012) Created: 2025-08-27 12:15:07 [EST] (Supp. No. 145) Page 9 of 123 ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] Sec. 9-54. Record of transactions. Every pawnbroker or precious metals dealer doing business in the city, shall report/upload to LeadsOnline, the below listed information for each and every transaction conducted on a daily basis, by the end of each business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought into a pawnbroker or precious metals dealer for sale, barter, trade, pledge or pawn by a customer and includes the sale of articles by a pawnbroker or precious metals dealer to another customer. Articles brought in to a pawnbroker or precious metals dealer for sale, barter, trade, pledge or pawn at different times on the same date by the same customer shall be considered as separate transactions. Each transaction is to be recorded individually. During each transaction, the pawnbroker or precious metals dealer shall require identification to be shown to him by each customer. The identification must be a driver's license or identification card issued by a governmental entity and must include a photograph of the customer. If, however, a customer does not have a driver's license or a state identification card issued by a governmental entity with a photograph, then a pawnbroker or precious metals dealer must require that two forms of identification be shown; at least one (1) of these two (2) forms of identification must include the customer's home address. These alternate forms of identification may include, but are not limited to, any of the following: social security card, utility bill, employee or student identification card or credit card statement. In addition, if the customer does not have an identification issued by a governmental entity containing a photograph of the person being identified, the pawnbroker or precious metals dealer shall photograph the customer in color and record the customer's name, home address, date of birth, and social security number. The Pawnbroker Act requires that a customer's social security number be documented. Records of each transaction shall contain the name and address of the customer, a description of each item taken in or sold by the pawnbroker or precious metals dealer, the date and time of the purchase and/or sale, as well as any individual identifiable numbers such as model, serial number, or applied numbers or letters. Digital photographs or video shall be taken by the licensee of each item purchased, taken in barter, trade or pawned. Licensees shall maintain records of all transactions for three (3) years following the transaction. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-55. Issuance of signed receipt. Every pawnbroker shall, at the time of making any advancement or loan, deliver to the customer a receipt signed by him containing an accurate account and description, in the English language, of all the goods, articles or other things pawned or pledged, the amount of money, value or thing thereon, the time of pledging the same, the rate of interest to be paid on such loan and the name and residence of the customer making the pawn or pledge. Every precious metals dealer shall at the time of purchasing precious metals from any customer, issue said customer a receipt containing the description and weight of the items purchased and the amount of money paid for said items. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-56. Employment of persons under sixteen. Pawnbrokers or precious metals dealers shall not permit any person under the age of sixteen (16) years to make purchases or take pledges in pawn for him. (Ord. No. 12-O-0007, § 2, 10-1-2012) Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 10 of 123 ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] Sec. 9-57. Precious metal dealer not to act as a pawnbroker. Unless they have a pawnbroker license, precious metals dealers shall neither receive any article or thing by way of pledge or pawn nor loan or advance any sum of money on the security of any article or thing. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-58. Waiting periods. (a) No articles received on deposit or pledge by any pawnbroker shall be permitted to be redeemed or removed from the place of business for a time period of forty-eight (48) hours after it was inventoried. (b) No articles pawned or pledged shall be sold or disposed of by any pawnbroker within one (1) year from the time the customer defaulted on the payment of interest on the money so advanced by the pawnbroker, unless by the written consent of the customer. (c) No pawnbroker shall expose for sale, or sell, trade or barter, or melt, crush/compact, destroy, or otherwise dispose of, any article that is individually identifiable within seven (7) days of the time of purchasing or receiving the same, or until the same has been in or upon the premises where the same are offered, exposed, traded, bartered or sold, for at least seven (7) days, unless the article consists primarily of precious metal(s). (d) Due to fluctuations in the prices of precious metals and security concerns emanating from the accumulation of large quantities of precious metals, there shall be no waiting period for such articles, even if they are individually identifiable. (e) There shall be no waiting period for coins, paper money or other non-individually identifiable articles. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-59. Prohibited transactions. No pawnbroker or precious metals dealer, in the course of conducting his business, shall receive any articles for pawn, pledge, advancement of money, loan, resale, or personal use from customers who meet any of the following criteria: (1) Are under eighteen (18) years of age. (2) Appear to be intoxicated or under the influence of drugs or alcohol. (3) Are known to the pawnbroker or precious metals dealer to have been convicted of theft, residential burglary, burglary, home invasion, vehicular invasion, armed robbery, robbery or electronic fencing under the laws of the State of Illinois, or the equivalent laws of any other state. A peace officer may provide such criminal conviction information to a pawnbroker or precious metals dealer, and a pawnbroker or precious metals dealer shall also access the LeadsOnline "No Buy" list prior to making a transaction to ensure that the prospective pawner/seller has not been convicted of any such crime. (4) Brings such articles to the premises in a shopping cart. (5) Presents a serial numbered article from which the serial number has been removed or obliterated. In the event that any of the above enumerated customers shall attempt to conduct a prohibited transaction, a representative of that business shall notify the police department of the incident while the customer is still present in the business if safe to do so, or otherwise as soon as the customer has left the business. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 11 of 123 ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-60. Report of false/fictitious/forged/altered ID card. In the event that a person seeking to sell or pawn items to a licensed pawnbroker or precious metals dealer, presents the licensee with what appears to be a false form of identification, the licensee shall contact the police department as soon as it is safe to do so and report the incident. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-61. Report of lost or stolen articles to police. Every pawnbroker or precious metals dealer who shall receive or be in possession of any goods, articles or things under circumstances which would lead a reasonable person to conclude that they have been lost or stolen, or which have been alleged or supposed to have been lost or stolen shall immediately notify the police department of such receipt and, forthwith on demand, exhibit the same to any member of the police department. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-62. Return of stolen property. When any person is found to be the owner of stolen property which has been pawned or purchased by a pawnshop or precious metals dealer, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker or the precious metals dealer, which was paid by the pawnshop or the precious metals dealer thereon or any costs or charges of any kind which the pawnbroker or precious metals dealer may have placed upon the same. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-63. Inspection of premises by police. The chief of police or any officer designated by him shall have general supervision over all pawnbrokers and precious metals dealers, and shall also have power to inspect their respective places of business and all articles or things kept therein, whenever he shall deem it necessary to do so. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-64. Hours of operation. No business licensed under this article shall purchase or accept any goods, articles or things whatsoever, from any person outside of posted business hours. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-65. Solicitation of articles. No person licensed under this article shall be permitted to solicit business of any nature upon any street or public highway in the city. (Ord. No. 12-O-0007, § 2, 10-1-2012) Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 12 of 123 ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] Sec. 9-66. City license requirements. In addition to any license which may be required by the State of Illinois: (1) No person shall engage in, carry on or conduct the business of a pawnbroker or precious metals dealer unless the business is licensed by the city. (2) A pawnbroker license and precious metals dealer license are separate from each other, and the license shall state for which it is. (3) A pawnbroker license shall entitle the licensee to engage in the purchase, sale, trade or barter of secondhand articles in addition to the business of receiving property in pledge or as security for money or other things. (4) A precious metals dealer license will entitle the licensee to purchase precious metals and gems from individuals. A precious metals dealer cannot act as a pawnbroker without first having obtained a pawnbroker license from the State of Illinois and a pawnbroker license from the city. (5) Neither a pawnbroker license nor a precious metals dealer license are transferable. (6) A license shall only be issued to the actual owner, operator or manager of the business for which the license is sought. (7) Should a pawnbroker or precious metals dealer own multiple businesses or have multiple locations in the city where activities regulated by this chapter take place, he must secure a separate license for each business and/or location. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-67. Number of licenses; fees. (a) The number of licenses may be increased or reduced at any time by the city council. No license in violation of that number shall be issued or renewed. (b) There shall be no more than the following number of licenses: (1) Pawnbroker 1 (2) Precious metals dealer 2 (c) The applicable license fees are as prescribed in Appendix G. (Ord. No. 12-O-0007, § 2, 10-1-2012; Ord. No. 13-O-0001, § 1, 2-4-2013; Ord. No. 13-O-0023, § 1, 7-1-2013; Ord. No. 13-O-0031, § 1, 10-7-2013; Ord. No. 15-O-0001, § 1, 2-2-2015; Ord. No. 15-O-0008, § 1, 3-2-2015; Ord. No. 16- O-0006, § 1, 2-1-2016) Sec. 9-68. Application. Any person desiring a license as a pawnbroker or precious metals dealer shall make application in writing to the city administrator or his designee, setting out in the application the full name and residence of the applicant, if an individual, and if a corporation, the name and residence of each of its officers. Such application shall also set out the location at which it is intended or desired to conduct such business, and such other information as the city administrator or his designee shall from time to time deem appropriate. Such application shall also require each applicant to certify that he has read and understands the contents of this article. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 13 of 123 ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] Any false information provided on the application shall result in the denial or automatic revocation of the license. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-69. License to state location of business. Every license granted to any pawnbroker or precious metals dealer under the provisions of this division shall designate the place in which the person receiving the license shall be authorized to carry on such business. Such business shall not be carried on or conducted in any place other than at the location listed on the license. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-70. Change of location of business. In case any person licensed as a pawnbroker or precious metals dealer shall remove his place of business from the place designated on such license, no business shall be carried on or engaged in at the new location under such license until written notice of such change has been given by the licensee to the city administrator or his designee. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-71. License to be publicly posted. Every license granted under this article shall be conspicuously posted for public viewing so as to be seen by anyone entering the place of business of such pawnbroker or precious metals dealer. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-72. Background checks. The city administrator or his designee shall grant licenses (to the extent available) to such pawnbroker or precious metals dealer applicants as shall who have passed a background check conducted by the police department, and paid the associated fees. Any person who is a corporate officer, employed by or providing volunteer work for the licensee shall also be required to pass a background check conducted by the police department. The results of all background checks will be reviewed to determine if the applicant has a history of past criminal conduct or criminal associations that would make it not in the best interests of the city to issue a license to the applicant to engage in such business. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-73. Suspension; revocation. It shall be the duty of the chief of police to report to the city administrator any failure to comply with any provision of this article on the part of any such licensee. Depending on the nature and/or frequency of the violations, the city administrator may commence administrative hearing procedures to suspend or revoke the license of such person, firm or corporation. (Ord. No. 12-O-0007, § 2, 10-1-2012) Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 14 of 123 ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] Sec. 9-74. Penalties. Any person, firm, or corporation who shall violate any provision of this article shall be subject to, at minimum, a fine of not less than seven hundred fifty dollars ($750.00) per occurrence. (Ord. No. 12-O-0007, § 2, 10-1-2012) Sec. 9-75. Reserved. ARTICLE V. PEDDLERS Sec. 9-76. Defined. When used herein the term "peddler" shall mean any person selling or offering for sale merchandise or services from a vehicle, or otherwise, on a house-to-house basis or upon the public ways of the city. The term peddler shall not include any person selling daily or weekly newspapers or to anyone making deliveries to homes pursuant to: (1) Regularly established route, or (2) Prior individualized invitation from the homeowner. (Code 1954, Ch. XXI, § 1; Ord. No. 2969, § 2, 5-6-96; Ord. No. 16-O-0023, § 1, 6-6-2016) Sec. 9-77. License required. It shall be unlawful for any person to engage in business as a peddler in the city without having first obtained a license to do so. Licenses will only be issued on an annual basis. Such license shall not be prorated. (Code 1954, Ch. XXI, Art. IV, § 2; Ord. No. 2969, § 3, 5-6-96; Ord. No. 11-O-0007, § 7, 5-16-2011; Ord. No. 16-O- 0023, § 1, 6-6-2016) Sec. 9-78. Application. An application to engage in business as a peddler shall be made to the chief of police. The applicant shall truthfully state the following information: (1) The applicant's name and address; (2) The applicant's date of birth, phone number and e-mail address; (3) Business name, address, and phone number; (4) Insurance company name and policy number; (5) Vehicle information (type, make, model, registration); (6) Statement indicating that the applicant is a corporation, partnership or individual; (7) The commodity or service to be peddled. If the application is for a license pursuant to section 9-82 hereof, applicant shall include each type of food and/or beverage to be sold and list the vehicle to be used. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 15 of 123 ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] (8) A statement whether applicant has ever had a peddler's license denied, suspended or revoked by any city or village in Illinois. (9) Whether the applicant, or their employees, is a registered sex offender. (10) The application shall be accompanied by written evidence of liability insurance in amounts not less than one hundred thousand dollars ($100,000.00) for property damage and five hundred thousand dollars ($500,000.00) for personal injury and shall include the city, its agents, employees, boards and commissions as additional insured. (11) Any application for a license involving the sale of food and/or beverages shall be accompanied by a current certificate of inspection from the county health department, if such inspection is required by the county. No such license shall be issued unless such certificate is supplied. (12) A statement that the applicant agrees to properly train all employees to handle the items that they are peddling and to deal with customers in a responsible manner. (13) A statement that the applicant agrees to conduct a thorough background check on all of its potential employees, to include a review of past work experience. (Code 1954, Ch. XXI, Art. IV, § 3; Ord. No. 2969, §§ 4—6, 5-6-96; Ord. No. 4309, §§ 1, 2, 5-1-2000; Ord. No. 16-O- 0023, § 1, 6-6-2016) Sec. 9-79. Investigation. (a) Upon receipt of the application required by this article, there will be an investigation of the applicant's business and moral character and criminal history. (b) If the investigation reveals the character and business responsibility of the applicant to be satisfactory and the chief of police so notes on the application, the chief of police shall, upon payment of the prescribed license fee, deliver to the applicant the license for which he applied. (c) Upon review of the application, the chief of police may refuse to issue a permit to the applicant under this article for any of the following reasons: (1) An investigation reveals that the applicant falsified information on the application; (2) The applicant has a prior revocation or suspension of a peddler's license, or a conviction of a violation of any city/village, state or federal law regarding peddling or a related field; (3) The applicant has been convicted of a felony or class A misdemeanor, the nature of which is related to the applicant's fitness to engage in door-to-door activities under this article. The applicant shall be of good character and reputation without a conviction related to fraud, dishonesty, deceit, misrepresentation, sexual misconduct, trafficking in controlled substances, violent acts against persons or property, or an offense involving moral turpitude. (4) In reviewing fitness under subsection (c)(3) of this section, the following shall be considered: a. The extent and nature of the applicant's past criminal history; b. The age of the applicant at the time of the commission of the crime; c. The amount of time that has elapsed since the applicant's last criminal activity; d. The conduct and work activity of the applicant prior to and following the criminal activity; e. Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 16 of 123 ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] f. Other evidence of the applicant's present fitness. (d) The chief of police shall endorse on the application his disapproval and his reasons for such; the applicant shall then be notified by the chief of police or designee that the application is disapproved and that no license shall be issued. Any person aggrieved by said disapproval shall have the right to appeal and have a hearing before the city council. Such appeal shall be taken by filing with the city administrator a written statement under oath setting forth specifically the grounds for appeal. The city council shall thereupon set the time and place for the hearing on such appeal within thirty (30) days from the date of such request, and notice of such hearing shall be given to the applicant by certified mail (return receipt requested) to the applicant at least ten (10) days prior to the date set for the hearing. The decision of the city council shall be made within thirty (30) days of said hearing on such appeal and shall be by a vote of a majority of all members then holding office and shall be final. (Code 1954, Ch. XXI, Art. IV, § 4; Ord. No. 2969, § 7, 5-6-96; Ord. No. 4309, § 3, 5-1-2000; Ord. No. 16-O-0023, § 1, 6-6-2016) Sec. 9-80. Term; suspension and revocation. (a) The term of a peddler's license shall be one (1) year, commencing January 1 and expiring the following December 31, except in the case of weekly licenses, which shall be valid for the days set forth thereon. (b) The mayor may suspend for a period of up to thirty (30) days or revoke any license issued under the provisions of this article for the following reasons: (1) Violation of any of the provisions of this article. (2) Fraud, misrepresentation or knowingly false statement contained in the license application. (3) Fraud, misrepresentation or knowingly false statement in the course of carrying on the business of peddling. (4) Conducting the business of peddling in such a manner as to create a public nuisance, cause a breach of the peace or constitute a danger to the public health, safety, welfare or morals. (5) Conviction of licensee or any employee of the licensee of any felony or of a misdemeanor involving moral turpitude. (6) Failure of the licensee to pay any fine or penalty owing to the city. (c) No such license shall be revoked or suspended except after a public hearing by the mayor with a seven-day written notice sent either personally or by certified or registered mail, return receipt requested, to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service. Upon receipt of said notice of hearing, all peddling activity shall cease. Notwithstanding the foregoing, if the mayor has reason to believe that any continued peddling will immediately threaten the welfare of the community, the mayor may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, suspend a license for not more than seven (7) days, giving the licensee an opportunity to be heard during that period. (d) The mayor shall, within seven (7) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, state the reason for such determination in a written order and serve a copy of such order within the seven (7) days upon the licensee. (e) Any licensee whose license is revoked or suspended shall pay to the city the costs of the hearing before the mayor on such violation. The mayor shall determine the costs incurred by the city for the hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorney's fees, the cost of Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 17 of 123 ===== PDF PAGE 24 ===== [Extraction: embedded PDF text] preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or such lesser sum as the mayor may allow. (f) The licensee shall pay said costs to the city within thirty (30) days of notification of the costs by the mayor. Failure to pay the costs within thirty (30) days of notification is a violation of this article and may be cause for not issuing future licenses to the licensee. (g) Any person aggrieved by said revocation or suspension shall have the right to appeal and have a hearing before the city council. Such appeal shall be taken by filing with the city administrator a written statement under oath setting forth specifically the grounds for appeal. The city council shall thereupon set the time and place for the hearing on such appeal within thirty (30) days from the date of such request, and notice of such hearing shall be given to the licensee by certified mail (return receipt requested) to the licensee at least ten (10) days prior to the date set for the hearing. The decision of the city council shall be made within thirty (30) days of said hearing on such appeal and shall be by a vote of a majority of all members then holding office and shall be final. (Code 1954, Ch. XXI, Art. IV, § 5; Ord. No. 2969, § 8, 5-6-96; Ord. No. 4309, § 4, 5-1-2000; Ord. No. 16-O-0023, § 1, 6-6-2016) Sec. 9-81. Fees. The fees to be paid by the applicant at the time of issuance of the license shall be as prescribed in Appendix G. (Ord. No. 11-O-0007, § 15, 5-16-2011; Ord. No. 16-O-0023, § 1, 6-6-2016) Sec. 9-82. Additional restrictions on sale of food and/or beverages. The issuance of a peddler's license for the sale of food and/or beverages from a cart, nonmotorized trailer or motor vehicle on the public ways of the city shall be subject to the following additional restrictions: (1) The licensee must obtain a separate license for each cart, nonmotorized trailer or motor vehicle to be operated in the city. Such license shall be prominently displayed and permanently affixed to the lower lefthand corner of the windshield, or if there is no windshield, to the upper lefthand side of such cart, trailer or vehicle. Such license shall be transferable to another vehicle only upon notification to the chief of police and payment of a transfer fee as prescribed in Appendix G. (2) No more than fifteen (15) annual licenses for such peddling shall be issued each year. If more than fifteen (15) applications are received, priority shall be granted to an applicant possessing a valid license from the preceding year, provided that said applicant had no violations of any of the provisions of this article in the preceding year. The city council may alter the number of licenses to be issued each year, and no license in violation of that number shall be issued or renewed. (3) Each person operating a cart, trailer or vehicle must wear a photo identification card issued by the city, identifying him/herself as the licensee or an employee of the licensee. (4) Peddling under this subsection shall occur only between the hours of 10:00 a.m. and sunset of each day provided, however, that carts, trailers or vehicles peddling food and/or beverages at construction sites and areas not zoned for residential use shall be permitted to begin peddling at such sites between the hours of 7:00 a.m. and 10:00 p.m. (5) Each cart, trailer or vehicle shall be equipped with sufficient garbage receptacles, and each licensee shall be responsible for collecting refuse related to his or her products located within a fifty-foot radius of the cart, trailer or vehicle. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 18 of 123 ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] (6) No cart, trailer or vehicle stopped upon the public way or on public/government owned land to sell food and/or beverages shall broadcast any music or other sounds while in the stopped position. Further, any music or other sounds emanating from the cart, trailer or vehicle while in motion shall not be able to be heard more than seventy-five (75) feet from said cart, trailer or vehicle. (7) The following distance restrictions shall apply to the sale of food and/or beverages from a cart, non- motorized trailer or motor vehicle: a. No cart, trailer or vehicle shall sell any food or beverage within two hundred (200) feet of any other cart, trailer or vehicle, or of any park with a designated concession stand. b. No cart, trailer or vehicle shall sell any food or beverage within two hundred (200) feet of any licensed food or beverage establishment in a structure. c. No cart, trailer or vehicle shall sell any food or beverage within five hundred (500) feet of any school on any days when school is in session (students attending). d. No cart, trailer or vehicle shall sell any food or beverage within five hundred (500) feet of any fair, festival, special event, civic event, or carnival that is licensed or sanctioned by the city, except when an event specific permit has been approved by the city council. (8) No cart, trailer or vehicle shall park on the public way in a given location or on public/government owned land for longer than two (2) hours. Upon expiration of this time, such cart, trailer or vehicle must move at least one (1) city block away from said location. (9) No cart, trailer or vehicle shall park within fifteen (15) feet of any fire hydrant, emergency facility or intersecting driveway, street or alley. (10) Only the food and/or beverages listed in the application for license shall be sold. No licensee shall offer for sale, or keep for the purpose of selling or offering for sale, any food or beverage of any kind intended for human consumption which is unwholesome or unfit for human consumption for any reason. (11) No such cart, trailer or vehicle shall impede visibility or flow of vehicular, pedestrian and bicycle traffic in any location. (12) The chief of police or his designee shall grant licenses (to the extent available) to such peddlers engaging in the sale of food and/or beverages from a cart, trailer or vehicle who have passed a background check conducted by the city, and paid the license fee. Any person who is a corporate officer, employed by or providing volunteer work for the licensee shall also be required to pass a background check conducted by the police department. The results of all background checks will be reviewed to determine if the applicant has a history of past criminal conduct or criminal associations that would make it not in the best interests of the city to issue a license to the applicant to engage in such business. (13) It shall be the duty of the chief of police to report to the city administrator any failure to comply with any provision of this article on the part of any such licensee. Depending on the nature and/or frequency of the violations, the city administrator may commence administrative hearing procedures to suspend or revoke the license of such person, firm or corporation. (14) Any person, firm, or corporation who shall violate any provision of this article shall be subject to, at minimum, a fine of not less than seven hundred fifty dollars ($750.00) per occurrence. (Ord. No. 2969, § 9, 5-6-96; Ord. No. 4111, § 1, 6-15-98; Ord. No. 4309, § 5, 5-1-2000; Ord. No. 13-O-0011, § 1, 6-3- 2013; Ord. No. 16-O-0023, § 1, 6-6-2016) Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 19 of 123 ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] Editor's note(s)—Section 9 of Ord. No. 2969, adopted May 6, 1996, amended this section to read as herein set out. Formerly, § 9-82 pertained to exceptions and derived from § 7 of Art. IV of Ch. XXI, Code 1954. Sec. 9-83. Act of agent or employee. Every act or omission of whatever nature constituting the violation of any of the provisions of this article, by any officer, director, manager or other agent or employee of any licensee, shall be deemed and held to be the act of such licensee, and such licensee shall be punishable in the same manner as if the act or omission had been done or omitted by the licensee. (Ord. No. 4309, § 6, 5-1-2000; Ord. No. 16-O-0023, § 1, 6-6-2016) Sec. 9-84. Penalty. In addition to any other penalty set forth in this article, any person or entity violating any provision of this article shall be subject to a penalty under section 1-8 of this Code. (Ord. No. 4309, § 7, 5-1-2000; Ord. No. 16-O-0023, § 1, 6-6-2016) Secs. 9-85—9-95. Reserved. ARTICLE VI. SOLICITORS3 Sec. 9-96. Definitions. For the purpose of this article, the following words as used herein shall be construed to have the meanings indicated unless their context clearly requires otherwise: Advertising materials shall mean and include all leaflets, flyers, cards, door tags, advertisers, advertising newspapers or other advertising or promotional materials offering or promoting the sale or purchase of goods, wares, merchandise, foodstuffs, insurance and/or services of any kind, character or description; or soliciting gifts or contributions of money, clothing or other valuable things for the support or benefit of any charitable or nonprofit association, organization, corporation or project; or selling or soliciting subscriptions to books, magazines, periodicals, newspapers or other type or kind of publication. Advertising materials shall not include books, magazines, periodicals, newspapers consisting of noncommercial speech, even though they may incidentally contain advertising or other commercial speech; religious or political tracts and pamphlets or election campaign literature; or telephone directories of classified listings of products and services, commonly known as "yellow pages." Exempt solicitor shall mean: (1) A person age seventeen (17) and under, who is participating in fundraising programs for, or sponsored by a public or private elementary or high school or bona fide children's or youth organization including, without limitation, Boy Scouts, Girl Scouts or youth sports. 3Editor's note(s)—Ord. No. 06-O-0020, § 1, adopted Apr. 3, 2006, amended the former Art. VI, §§ 9-96—9-107, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Ord. No. 1201, §§ 1—9, adopted Feb. 4, 1974; Ord. No. 1493, § 1, adopted Oct. 6, 1980; Ord. No. 03-O- 0085, § 4, adopted Oct. 6, 2003; Ord. No. 05-O-0022, § 1, adopted Mar. 21, 2005. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 20 of 123 ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] (2) A person engaged in soliciting or activities whose purpose is religious, political, civic, charitable, scientific, or educational and which neither directly nor indirectly relate to or involve in any fashion the seeking of funds or the sale and promotion of any goods or services, as more fully set forth in the definition of soliciting in this section. Person shall mean and include any individual, organization, group, association, firm, corporation, trust, or any combination thereof. Residence and residential shall mean and refer to and include every separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure. Soliciting shall mean and include any one (1) or more of the following activities conducted on any part of residential property regardless of the method used, including the leaving or placing of advertising materials anywhere thereon, including the parkway between the sidewalk and road or street thereof: (1) Seeking to obtain order for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration; (2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; (3) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project; (4) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or (5) Going upon any premises and ringing the door bell, knocking, upon or near any door, or creating any sound in any manner that is calculated to attract the attention of an occupant or owner for the purpose of engaging in any of the activities described above in this definition of solicitation. Solicitor shall mean and include any person who engages in soliciting as defined herein except an exempt solicitor. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 10-O-0071, §§ 2, 3, 9-7-2010; Ord. No. 11-O-0021, § 2, 5-2-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-97. Certification of registration required. As a condition of engaging in any act of soliciting within the corporate limits of the City of West Chicago, every solicitor as defined herein, except an exempt solicitor, shall apply for and possess a valid certificate of registration which shall be carried and prominently displayed on the front of his or her person, uncovered by any article of clothing, so as to be fully visible at all times to any onlooker; said solicitor shall also pay an annual fee as prescribed in Appendix G. An exempt solicitor is not required to apply for, possess, carry, or display a certificate of registration. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 10-O-0071, § 4, 9-7-2010; Ord. No. 11-O-0021, § 3, 5-2-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-98. Application. Application for a certificate of registration shall be made upon a form provided by the chief of police or his/her designee, of this municipality and filed with such chief of police or his/her designee. The applicant shall truthfully state the following information: Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 21 of 123 ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] (1) The applicant's name and address (2) The applicant's date of birth, phone number and email address; (3) The name, address and phone number of the person or association by whom the applicant is employed or represents; (4) Description of the subject matter of the soliciting; (5) Period of time for which the certificate is applied for; (6) The date, or approximate date, of the latest previous application for a certificate under this article; (7) Prior revocation of any certificate of registration issued to the applicant under this article; (8) Whether the applicant has ever been convicted of a violation of any of the provisions of this article, or any provision of any ordinance of any other city or village in Illinois regulating soliciting, and if the applicant has been convicted of any violation, the applicant shall state the details of the violation in full; (9) Whether the applicant has been convicted of a felony or class A misdemeanor within the last five (5) years, and if the applicant has been convicted, the applicant shall state the details of the conviction in full; (10) Whether the applicant is a registered sex offender. All statements made by the applicant upon the application or in connection therewith shall be under oath. The chief of police or his/her designee shall require every applicant to submit to a thorough background investigation by the police department in connection with the application for certificate. The owner(s) or applicant(s) shall submit his/her fingerprints to be used in completing the investigation. Owner(s)/applicant(s) are required to present themselves for fingerprints to be taken by the police department. The chief of police or his/her designee shall cause to be kept in his office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this article, and of the denial of any application. Applications for certificates shall be numbered in consecutive order as filed and every certificate issued and any renewal thereof shall be identified with the number of the application upon which it was issued. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-99. Issuance and revocation of certificates. Upon receipt of the application required by this article, there will be an investigation of the applicant's business and moral character and criminal history. If the investigation reveals the character and business responsibility of the applicant to be satisfactory and the chief of police so notes on the application, the chief of police shall, upon payment of the prescribed license fee, deliver to the applicant the certificate of registration for which he applied. Upon review of the application, the chief of police may refuse to issue a certificate of registration to the applicant under this article for any of the following reasons: (1) An investigation reveals that the applicant falsified information on the application; (2) The applicant has a prior revocation or suspension of a solicitor's license, or a conviction of a violation of any city/village, state or federal law regarding soliciting or a related field; Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 22 of 123 ===== PDF PAGE 29 ===== [Extraction: embedded PDF text] (3) The applicant has been convicted of a felony or class A misdemeanor, the nature of which is related to the applicant's fitness to engage in door-to-door activities under this article. The applicant shall be of good character and reputation without a conviction related to fraud, dishonesty, deceit, misrepresentation, sexual misconduct, trafficking in controlled substances, violent acts against persons or property, or an offense involving moral turpitude. (4) In reviewing fitness under subsection (3) of this section, the following shall be considered: a. The extent and nature of the applicant's past criminal history; b. The age of the applicant at the time of the commission of the crime; c. The amount of time that has elapsed since the applicant's last criminal activity; d. The conduct and work activity of the applicant prior to and following the criminal activity; e. Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and f. Other evidence of the applicant's present fitness. Each certificate of registration shall be valid only for the period of time set forth thereon, but in no event shall any such certificate be valid for a period in excess of forty-five (45) calendar days from date of issuance. Any certificate of registration issued hereunder shall be revoked by the chief of police or his/her designee if the holder of the certificate is convicted of a violation of any of the provisions of this article, or has made a false statement in the application, or otherwise has been disqualified for the issuance of a certificate of registration under the terms of this article. Immediately upon such revocation written notice thereof shall be given by the chief of police or his/her designee to the holder of the certificate in person or by certified United States mail addressed to the residence address set forth in the application. Immediately upon the mailing or serving of such notice the certificate of registration shall become null and void. The certificate of registration shall state the expiration date thereof. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-99.1. Reserved. Editor's note(s)—Ord. No. 11-O-0021, § 4, adopted May 2, 2011, repealed § 9-99.1, which pertained to display of certificates of registration and derived from Ord. No. 06-O-0020, adopted April 3, 2006 and Ord. No. 10-O- 0071, adopted September 7, 2010. The provisions of this section have been incorporated into section 9-97 as amended above. Sec. 9-100. City policy on soliciting. It is hereby declared to be the policy of the City of West Chicago that the occupant or occupants of residential property within this municipality shall exclusively make the determination whether solicitors and exempt solicitors shall be, or shall not be, invited on their property through display of a notice as provided for in section 9-101 of this article or by personal direction as provided for section 9-102. Solicitations on property owned or leased by the city (e.g., land, buildings, commuter station and lots, sidewalks, streets, alleys, etc.) is expressly prohibited in the city, including the soliciting at intersections from occupants of any vehicle or from any pedestrian, except as detailed in section 9-100.1. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 11-O-0021, § 5, 5-2-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 23 of 123 ===== PDF PAGE 30 ===== [Extraction: embedded PDF text] Sec. 9-100.1. Solicitations from persons in motor vehicles. City law enforcement personnel, firefighters of the West Chicago Fire Protection District and employees, members or volunteers of a charitable organization may solicit donations on city streets from passing motorists on behalf of a charitable organization, provided the charitable organization first complies with all requirements of Public Act 97-692 (65 ILCS 5/11-80-9). The city may impose reasonable conditions on such solicitation in writing consistent with the intent of Public Act 97-692 and based upon articulated public safety concerns. No soliciting from motor vehicles will be permitted at state or county highway intersections. If the city determines that an applicant's desired location cannot be permitted due to safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the city will deny the application. Vehicle solicitors shall be at least seventeen (17) years of age. Any solicitor between the ages of seventeen (17) and eighteen (18) may engage in vehicle soliciting only in the presence of a supervising adult, who must be present at all times. All vehicle solicitors for charity are required to wear highly visible equipment or clothing and an easily recognizable badge or other symbol identifying the organization for which they are soliciting so that it can be easily recognized by a driver or passenger in a motor vehicle. Charitable solicitations from motor vehicles shall occur only between 6:00 a.m. and 7:00 p.m., and shall only occur at intersections protected by traffic lights, stop signs, or median islands at all corners. Applications for charitable solicitation pursuant to this paragraph shall be made in writing on an application form provided by the chief of police and shall be submitted to the office of the chief of police. (Ord. No. 11-O-0007, § 48, 5-16-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-101. Notice regulating soliciting. Every person wanting to secure the protection provided by the regulations regarding soliciting contained in this article shall comply with the following requirements: (1) A person who desires to invite no solicitors or exempt solicitors on his or her residential premises shall post a notice substantially in conformity with that in Exhibit "A" attached to this chapter 9. (2) The notice shall be weather-proof. For a single-family residence or apartment, condominium or other residential unit within a multi-family residential building which has an outside entry on the front side of the structure that provides direct access to the unit, the notice shall be permanently posted on the door of such entry or immediately adjacent to, not less than two and one-half (2½) feet nor more seven and one-half (7½) feet above the threshold. Where the residence is an apartment or other type of residential unit that has no outside entry on the front side of the structure which provides direct access to the unit, a notice substantially identical to that in Exhibit "A" but not less than one-quarter (¼) of the dimensions stated there shall be posted adjacent to the U.S. mail box or slot for said apartment or unit so that it is immediately visible at said mail box or slot. A notice placed in conformance with this paragraph shall constitute sufficient notice to any solicitor or exempt solicitor of the determination of the occupant or occupants of the residence regarding receipt of solicitations. (3) Notice as authorized by this section may be provided by the chief of police or his/her designee to persons requesting them, at the cost thereof. However, no notice that otherwise conforms to this section shall be deemed defective or invalid because it was not provided by the chief of police or his/her designee. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 24 of 123 ===== PDF PAGE 31 ===== [Extraction: embedded PDF text] (4) Only persons actually occupying the premises as their personal residence are authorized to give the notice provided for herein. No person having an interest in any premises, including any landlord or absentee owner who does not occupy the premises as his or her residence, shall be authorized to give such notice. Where a residence is part of a multiple unit structure, such as an apartment building or townhouse, the notice shall only apply to the unit for which it is given. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 10-O-0071, § 6, 9-7-2010; Ord. No. 11-O-0021, § 6, 5-2-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Editor's note(s)—It should be noted that Exhibit "A" referenced above is not set out at length herein, but is on file and available for inspection in the office of the city clerk. Sec. 9-102. Duty of solicitors and exempt solicitors. It shall be the duty of every solicitor and exempt solicitor, upon going onto any premises in the City of West Chicago upon which a residence as herein defined is located, to ascertain whether any "NO SOLICITORS" notice as provided for in section 9-101 is present on the premises and, if so, then immediately and peacefully depart from the premises without engaging in an act of soliciting of any kind, including the leaving of advertising materials. Further, every solicitor and exempt solicitor, who goes upon the premises of or has gained entrance to any residence shall immediately and peacefully depart therefrom when requested or directed to do so by any occupant or the agent of the occupant of the residence, regardless of the absence of a "NO SOLICITORS" notice or whether initially invited onto the premises by an occupant. No solicitor or exempt solicitor shall engage in soliciting by means of projecting, throwing, tossing, dropping, or otherwise placing upon any premises any advertising material which is affixed to a stone, piece of metal, wood, or other material intended to facilitate its placement on the premises or to keep it in the position where placed. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 10-O-0071, § 7, 9-7-2010; Ord. No. 11-O-0021, § 7, 5-2-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-103. Uninvited soliciting prohibited. It is hereby declared to be unlawful and shall constitute a nuisance for any solicitor, exempt solicitor or person to go upon any premises and leave thereon any advertising materials in a manner prohibited by this article, or to go upon any premises ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of a "NO SOLICITORS" notice exhibited at the residence in accordance with the provisions of this article. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 10-O-0071, § 8, 9-7-2010; Ord. No. 11-O-0021, § 8, 5-2-2011; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-104. Time limit on soliciting. It is hereby declared to be unlawful and shall constitute a nuisance for any solicitor, exempt solicitor, or person, whether registered under this article or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 9:00 a.m. or at sunset of any day of the week. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 25 of 123 ===== PDF PAGE 32 ===== [Extraction: embedded PDF text] (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 11-O-0021, § 9, 5-2-2011; Ord. No. 13-O-0007, § 2, 2-4-2013; Ord. No. 16-O-0024, § 1, 6-6-2016) Sec. 9-105. Penalty. In addition to the provisions contained herein regarding license revocation, the violation of any provision of this article shall result in a fine of not less than two hundred fifty dollars ($250.00) and not more than seven hundred fifty dollars ($750.00). Each act of soliciting in violation of this article, including each act of leaving advertising materials in a manner prohibited by this article, or entering upon any premises and ringing the door bell, knocking upon or near any door, or creating any sound in any manner to attract the attention of an occupant or owner in violation of this article, shall constitute a separate offense. All persons who enter upon any premises for the purpose of soliciting in violation of this article, or who publish or distribute in any advertising materials left on any premises in violation of this article or offer goods, products, merchandise, services, insurance or subscriptions or solicit gifts, contributions, or donations in such advertising materials shall be jointly and severally liable for such offense, whether they knew of or intended such offense. (Ord. No. 06-O-0020, § 1, 4-3-2006; Ord. No. 10-O-0071, § 9, 9-7-2010; Ord. No. 16-O-0024, § 1, 6-6-2016) Secs. 9-106—9-120. Reserved. ARTICLE VII. ITINERANT OR TRANSIENT PHOTOGRAPHERS Sec. 9-121. Defined. The term "itinerant or transient photographer" when referred to herein shall mean any person who solicits the taking, finishing or sale of photographs or who solicits photographic service of any kind, in the city for profit and who does not maintain a studio, laboratory or other permanent place of business in the city. (Code 1954, Ch. XXI, Art. V, § 1) Sec. 9-122. License required. It shall be unlawful for any transient or itinerant photographer to solicit or conduct or carry on the business of photography in any manner in the city without first having obtained a license so to do. Such license shall be effective from January 1 to December 31. (Code 1954, Ch. XXI, Art. V, § 2; Ord. No. 580, 7-5-55) Sec. 9-123. Application. Application for such license shall be made to the city administrator and shall set forth among other things: (1) Name and address of the main office or studio. (2) Name and residence address of the solicitor. (3) Description of solicitor including height, weight, color of hair and distinguishing marks, if any. (4) Date or dates on which solicitation will be made. Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 26 of 123 ===== PDF PAGE 33 ===== [Extraction: embedded PDF text] (5) Scope of solicitation. A separate application shall be made for each solicitor. (Code 1954, Ch. XXI, Art. V, § 3) Sec. 9-124. Investigation, refusal. Upon receipt of said application the city administrator shall refer it to the police department. In case any police record of any solicitor is found, that application shall be denied. In case no police record is found, the license shall be issued upon payment of the fees as provided herein. (Code 1954, Ch. XXI, Art. V, § 4) Sec. 9-125. Fees. The fee to be paid by the applicant at the time of issuance of the license shall be as prescribed in Appendix G. (Code 1954, Ch. XXI, Art. V, § 5; Ord. No. 11-O-0007, § 16, 5-16-2011) Secs. 9-126—9-140. Reserved. ARTICLE VIII. SCAVENGERS4 Sec. 9-141. Definitions. (a) Commercial and industrial units. For the purpose of this article, these are defined as those units within the city that are not residential units as defined in this section. (b) Residential units. For the purpose of this article, these are defined as single- and two-family residences within the city. 4Editor's note(s)—Ord. No. 06-O-0013, § 1, adopted Feb. 20, 2006, deleted the former Art. VIII, §§ 9-141—9-144, and enacted a new Art. VIII as set out herein. The former Art. VIII pertained to similar subject matter. For complete derivation see the Code Comparative Table at the end of this volume. Formerly, Art. VIII was amended in its entirety to read as herein set out by § 1 of Ord. No. 2053, adopted June 6, 1988. Formerly, Art. VIII contained §§ 9-141—9-148, which pertained to similar subject matter and derived from the following ordinances: Ord. No. Section Date Ord. No. Section Date 1114 1—5 11-1-71 1707 1, 2 1-3-84 1120 1 1-17-72 1837 1 12-2-85 1358 1 12-5-77 1851 1 12-2-85 1462 2 2-19-80 1883 1 7-7-86 1511 1 1-5-81 1928 1 3-16-87 1514 1 2-2-81 1996 1 12-21-87 Created: 2025-08-27 12:15:08 [EST] (Supp. No. 145) Page 27 of 123 ===== PDF PAGE 34 ===== [Extraction: embedded PDF text] (c) Scavenger. Any person who collects refuse, garbage, landscape waste, recyclable material, construction and demolition debris, or rubbish of any kind, including industrial wastes. (Ord. No. 06-O-0013, § 1, 2-20-2006; Ord. No. 11-O-0007, § 17, 5-16-2011) Sec. 9-142. Residential scavenger requirements. (a) Exclusive service area. The scavenger(s) with whom the city has contracted for exclusive service in any area of the city shall serve the residential units in that area under the terms provided in the contract with the city. (b) Use by residential units. Every resident shall use the scavenger servicing the areas in which the residence is located and shall adhere to the terms of the contract between the chosen scavenger and the city for such use, except when there is a valid building permit for work which requires disposal of significant debris, then the property owner or contractor may use a different disposal service for the duration of the project. No residence shall use the disposal service of any scavenger not under such contract with the city. Payment for the disposal services of the scavengers shall be required for the provision of city water services, as water service is an indicator of residential occupancy. If the fee for the disposal service of the scavenger is not paid within one hundred twenty (120) days from the date that such fees are due, the failure to pay shall be deemed a failure for the resident to comply with the Code of Ordinances. The city is authorized to terminate sewer and water service in the manner provided by this Code, Chapter 18, Article I, section 18-12. (c) Disposal on own premises. It shall be unlawful for any resident to deposit his garbage or garbage containers on the property of another for the purpose of having such garbage picked up by a scavenger. (d) Brush collection program. The brush collection program is a contracted service and begins the first Monday of each month from May through November. The program is not designed for pickup of whole tree removal. Any limbs over six (6) inches in diameter will be rejected, as will root balls, foreign materials such as lumber, fence posts, or any material placed in containers. Length of branches is unimportant. Small twigs from yard clean ups should be disposed through the yard waste sticker collection. The monthly brush collection program charge shall be one dollar and twenty-five cents ($1.25) for all residential units, except for any attached residential units that are included in a homeowners' association that separately contracts for this service. For an owner of an attached residential unit to be exempt from the brush collection program, the city must have received a letter from that owner's association board requesting said exemption on behalf of its members, along with a copy of the contract providing evidence that such brush collection service is being provided via the association and a list of addresses covered by the association's contract. (e) Placing material for collection. All material shall not be placed at the curb or alley for collection prior to 6:00 p.m. on the day before the collection. The collection day shall be determined according to the agreement reached between the contractor and the city. (f) Transfer of property; unlawful removal. Once recyclable materials have been placed in and along recycling containers, and set curbside or at the designated collection point, recycling materials become the property of the city until lifted onto the contractor's truck or recycling vehicle, at which time such materials shall become the property and responsibility of the contractor. It shall be unlawful for any other persons, firms or corporations to remove any recyclable material set out or aside for recycling collection by the city's approved refuse scavenger company. (g) Retail establishments must be authorized to sell stickers by the contactor that has exclusive service of the residential scavenger program and may add no more than five cents ($0.05) to the cost of each sticker to recover their administrative costs associated with selling them. (Ord. No. 06-O-0013, § 1, 2-20-2006; Ord. No. 11-O-0007, § 18, 5-16-2011; Ord. No. 15-O-0027, § 1, 7-6-2015) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 28 of 123 ===== PDF PAGE 35 ===== [Extraction: embedded PDF text] Sec. 9-143. Commercial and industrial scavenger requirements. (a) License required. No person shall engage in the business of scavenger for commercial or industrial units within the city without first securing a license to conduct such business. (b) Application for license. Application for such license shall be made in writing to the city administrator annually for renewal by December 31 of each year, and shall state therein the name of the applicant and the number and type of scavenger trucks operated by such applicant. All applicants shall conform to the rules and regulations governing this article at the time of application for the license. If the applicant is a corporation, the application shall give the names and addresses of the president, secretary and all persons owning, beneficially or otherwise, ten (10) percent or more of the common stock of such corporation. In addition, the application shall contain any one or more of the following items, at the discretion of the city administrator or his designee: (1) A list of equipment inventory showing the equipment owned at the time of the application. (2) The number of employees and a description of their duties and experience. (3) The company safety record for the prior three (3) continuous years of operation. (4) Schedule of pickups. (5) Performance guarantees. (6) A statement of the applicant's dependability to perform scavenger service. (7) A statement that all employees have a working knowledge of all streets and alleys within the corporate limits of the city. (8) A statement of the length of business experience. (9) Proof of insurance. (10) A statement that all pickups shall be made between the hours of 6:00 a.m. and 8:30 p.m. unless otherwise authorized by the city council. (c) License fee. The fee for commercial and industrial scavenger licenses shall be as prescribed in Appendix G, and shall be due by December 31 of the subsequent calendar year. Failure to pay said license fee by December 31 shall result in a ten (10) percent penalty being added to the fee for each month that payment is past due. The license fee shall not be prorated if the city has issued a notice of violation or correction because a scavenger was found working in the city without a license. No refunds shall be provided. (d) Use by commercial and industrial units. Each commercial and industrial unit shall be served by a scavenger licensed by the city. (e) Service rates. The service rates for commercial and industrial units are to be agreed upon between the licensed scavenger and the user. (f) Visible identification. Each scavenger must have its name and telephone number for the main office visible on each vehicle, waste receptacle and dumpster. (Ord. No. 06-O-0013, § 1, 2-20-2006; Ord. No. 11-O-0007, §§ 19—21, 5-16-2011) Sec. 9-144. Disposal outside city or in an approved waste transfer station. All scavengers shall dispose all refuse either outside the city limits or in an approved transfer station. (Ord. No. 06-O-0013, § 1, 2-20-2006) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 29 of 123 ===== PDF PAGE 36 ===== [Extraction: embedded PDF text] Secs. 9-145—9-165. Reserved. ARTICLE IX. CARNIVALS5 Sec. 9-166. Definitions. The following terms as used in sections 9-167 through 9-169 of this chapter shall have the meanings stated below: Carnival means any circus, carnival, rodeo or other aggregation of attractions, consisting of shows, menageries, acts, games, rides, coin-activated devices, or other amusement conducted either under one or more managements or independently, which are temporarily set up or conducted in a public place or upon any private premises and intended, with or without payment of admission or other fees, to attract the attendance of the general public for the purpose of amusement, recreation, or merrymaking. Excluded from this phrase and from application of sections 9-167 through 9-177 is any circus, carnival, rodeo, or other aggregation of attractions mounted by a non-profit charitable, civic, trade, or educational organization, governmental organization, church, or fraternal or veterans organization where such event is actually and directly conducted by such organization, provided that the organization shall use only its members or regular full-time or part-time employees for conducting such event, and not any employees or independent contractors hired or retained for the purpose of conducting such or assisting with the conduct of such. Employee shall include an individual who is the owner of a carnival; an agent or employee of a circus or carnival; an independent contractor with a circus or carnival; and an agent or employee of such independent contractor. It shall not include a member of a non-profit charitable, civic, trade, or educational organization, governmental organization, church, or fraternal or veterans organization operating a booth, stand, or stall at a circus or carnival nor a full-time or part-time employee of such organization not hired specifically for the purpose of operating or assisting with the operation of such booth, stand, or stall. (Ord. No. 06-O-0023, § 2, 8-7-2006; Ord. No. 10-O-0101, § 2, 12-6-2010) Sec. 9-167. Permit required; fees. (a) It shall be unlawful to conduct or operate any amusement attraction, amusement ride, or carnival, which is open to the public without having first secured a permit from the city administrator of the City of West Chicago, therefor in accordance with the provisions of this article. (b) There shall be an investigation fee for each employee who shall at anytime be on the premises of the carnival, fair or other exhibition, as prescribed in Appendix G. All fees shall be non-refundable. (c) Applications for any permit required by this article shall be made in writing to the city administrator or his designee at least ninety (90) days prior to the opening of the carnival on a form provided by the city. All such employees who will be on the premises shall submit to the taking of their fingerprints by the city for the purpose of a criminal history check no less than twenty-one (21) days prior to the event. Such application shall be signed by the operator of the carnival in his or her own proper person or in his or her name by his or her duly authorized agent, verified by oath or affidavit. Each such application for a carnival shall include a 5Editor's note(s)—Section 1 of Ord. No. 2726, adopted May 16, 1994, repealed Ch. 9, Art. IX, §§ 9-166—9-169, in its entirety to read as herein set out. Former Ch. 9, Art. IX pertained to miscellaneous merchants and amusement operators and derived from Code 1954, Ch. XXI, Art. I, §§ 1—3. Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 30 of 123 ===== PDF PAGE 37 ===== [Extraction: embedded PDF text] detailed site plan, security plan and parking and traffic management plan. All applications for permits shall be accompanied by a policy or certificate of insurance issued by a solvent insurance company authorized to do business in the state, insuring the permitee or owner of such amusement ride or such carnival against liability for any injury to any person or persons resulting from the permitted operation. Such policy or certificate shall cover the entire time for which the permit is issued, and shall at a minimum include: (1) Commercial general liability: $5,000,000.00 combined single limit per occurrence for bodily injury, and property damage with the city named as additional insured. The general aggregate shall be twice the required occurrence limit or no less than $10,000,000.00 per occurrence. (2) Business automobile liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Each application for a carnival, and all information required to be furnished in connection therewith, or a copy thereof, shall be referred to the chief of police and any other appropriate city official. Each city official shall certify to the city administrator whether or not the applicant is qualified to receive the permit applied for and whether or not the place complies in every respect with the applicable provisions of this article relating to his or her department. (d) Each permit issued with respect to any carnival shall be issued subject to, and shall set forth, the following terms and conditions: (1) There shall not, in connection with said carnival, be set up or operated any gambling device, lottery, number or paddle wheel, number board, punch board, or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality. (2) Sheriffs, police officers and building inspectors shall have free access to the grounds and all booths, shows and concessions on such grounds at all times. (3) Each amusement ride and amusement attraction shall be surrounded by a restraining barrier so as to limit the amusement ride or amusement attraction to a single, or limited number of, supervised point(s) of access. No amusement ride or amusement attraction shall be operated within the corporate limits of the city without evidence of a permit having been issued by the director, or designee, of the State of Illinois Department of Labor to the operator of such equipment. Such permit to operate shall be posted in full public view on or near the amusement ride or amusement attraction. If an amusement ride or amusement attraction undergoes a substantial alteration or is repaired after a breakdown, it shall be reinspected or approved for use by the director of the Illinois Department of Labor. All such amusement rides or amusement attractions governed by this article must be assembled, operated, and disassembled in accordance with the provisions of the State of Illinois Carnival and Amusement Rides Safety Act. (4) No amusement ride or amusement attraction shall be operated until such time as it has been inspected by the building official, or his designee, and found to be in safe operating condition so as to provide protection to the public. Such inspections shall include, but not be limited to, compliance with all applicable electrical and fire safety codes, rules and regulations. In the event that an amusement ride or amusement attraction involves unique or specialized equipment which, in the discretion of the building official, requires specialized technical knowledge in order to inspect, the building official shall order, in writing, that the applicant retain, at the applicant's cost, a qualified independent expert, acceptable to the building official, to inspect said amusement ride or amusement attraction and report to the city on the safe operating condition of the same prior to operation of the same. If, after inspection, additions or alterations are contemplated which change a structure, mechanism, classification or capacity of any amusement ride or amusement attraction, the operator shall Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 31 of 123 ===== PDF PAGE 38 ===== [Extraction: embedded PDF text] immediately notify the building official of his intentions in writing, and provide any plans or diagrams requested by the building official. At the determination of the building official, additional inspections and operational tests may then be required. The building official, or his designee, shall order, in writing, an immediate halt of operations of any amusement ride or amusement attraction if it has been determined after inspection to be hazardous or unsafe. Operation of the amusement ride or amusement attraction shall not resume until the unsafe or hazardous condition is corrected to the satisfaction of the building official or his designee. No amusement ride or amusement attraction shall be operated until such time as it has been inspected and approved by a duly appointed State of Illinois Department of Labor Amusement Ride Inspector. (5) All food service operations conducted in connection with any carnival shall be conducted in full compliance with all rules and regulations of the DuPage County Health Department, and all necessary inspections, approvals and permits shall be obtained prior to commencement of such operations. Any and all permits issued by the DuPage County Health Department shall be posted in full public view at the food service operation. (6) The operation and conduct of the carnival shall be in accordance with the hours of operation designated by the city, as well as the site plan, security plan and parking and traffic management plan approved by the city, and with all applicable statutes, ordinances, resolutions, codes, rules and regulations of each and every governmental body or agency having jurisdiction over the site of the carnival, including but not limited to, the provisions of the Zoning Ordinance of the City of West Chicago, Illinois, regulating temporary uses within the city. (Ord. No. 2726, § 1, 5-16-94; Ord. No. 06-O-0023, § 2, 8-7-2006; Ord. No. 10-O-0101, § 2, 12-6-2010; Ord. No. 11- O-0007, § 22, 5-16-2011; Ord. No. 11-O-0038, § 1, 8-1-2011) Sec. 9-168. Employees of carnivals. All employees of a carnival must be qualified and must wear an event-worker photo identification issued by the city and conspicuously displayed on himself or herself whenever he or she shall be on the premises of the event. No employee of a carnival shall be on the premises of a circus or carnival at any time without a city event- worker permit. No employee of a carnival who: (1) Is a registered child sex offender, or (2) Has been convicted of a felony in the past five (5) years, or (3) Been convicted of any other crime involving moral turpitude or violence, or shall be issued a city event-worker photo identification, nor shall such employee at anytime be on the premises of the event. A city event-worker permit shall be worn only by the employee for whom it is issued and is not transferable to another employee. The event-worker photo identification shall remain the property of the city and shall be surrendered to the city upon demand by the city or any representative thereof. As the chief of police shall provide by order, the event-work photo identification shall be returned to the city, or invalidated or otherwise destroyed so to prevent its reuse, at the conclusion of the carnival, fair or other exhibition for which it is issued. (Ord. No. 06-O-0023, § 2, 8-7-2006; Ord. No. 10-O-0101, § 2, 12-6-2010) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 32 of 123 ===== PDF PAGE 39 ===== [Extraction: embedded PDF text] Sec. 9-169. Violations. (a) Violations of sections 9-166 through 9-168 shall be a Class C misdemeanor, and the violator punished by a sentence of up to thirty (30) days incarceration and a fine of up to one thousand five hundred dollars ($1,500.00) for each such violation. (b) Additionally, whenever the city administrator is presented with evidence that there has been a violation of sections 9-166 through 9-168, or of acts upon the premises of the carnival that constitute a clear endangerment to public morals and safety, the city administrator may, without notice or hearing, suspend the permit of a carnival and order said carnival closed for a period of up to three (3) days, provided that the suspension and closure is set for hearing within that three-day period as provided for in section 9-671 of this chapter, and further provided that a written notice of the suspension and closure, with the reasons therefor and the date, time, and place of the hearing thereon, is served upon any owner of the carnival or upon any employee on the premises of the carnival having charge of the operation of such. The hearing board provided for under section 9-671 may terminate or continue such suspension or revoke the permit. Decisions of the hearing board are final administrative decisions and shall be reviewable as the law provides. (Ord. No. 06-O-0023, § 2, 8-7-2006; Ord. No. 10-O-0101, § 2, 12-6-2010) Secs. 9-170—9-185. Reserved. ARTICLE X. RESERVED6 Secs. 9-186—9-205. Reserved. ARTICLE XI. AUCTIONS AND AUCTIONEERS Sec. 9-206. Short title. This article shall be known as the "Auction and Auctioneering Licensing Code of the City of West Chicago." (Ord. No. 828, § 1, 10-7-63) Sec. 9-207. Liberal construction of article required. All general provisions, terms and phrases used in this article shall be liberally construed, in order that the true interest and meaning of the council may be carried out. (Ord. No. 828, § 2, 10-7-63) 6Editor's note(s)—Ord. No. 11-O-0007, § 8, adopted May 16, 2011, repealed Art. X, §§ 9-186—9-193, which pertained to currency exchanges and derived from Ord. No. 4146, adopted Dec. 21, 1998 and Ord. No. 03-O- 0122, adopted January 1, 2004. Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 33 of 123 ===== PDF PAGE 40 ===== [Extraction: embedded PDF text] Sec. 9-208. Definitions. Whenever in this article the following terms are used they shall have the meaning indicated unless their context clearly requires otherwise: Auction crier means one who assists a public auctioneer. Fill in stock means merchandise added to the stock on hand with the intention of selling it at public auction. Public auctioneer means any person who shall arrange for the disposal of any goods, wares, merchandise, fruits, stocks, bonds and other securities, livestock or other personal property, or any real estate, in any building, public or private, or any other place, public or private, within the city, at public offering, either in person or by duly employed auction criers. Stock on hand means any merchandise that a merchant usually and ordinarily carries throughout the year and not acquired for sale at public auction. (Ord. No. 828, § 3, 10-7-63) Sec. 9-209. Compliance required. Any public auctioneer shall obtain a license, as provided herein, and comply with this Code, whenever he shall auction any property whether the same shall be his own, or the property of others. (Ord. No. 828, § 4, 10-7-63) Sec. 9-210. Application for license. Applicants for license as a public auctioneer must state in writing, among other things: (1) The length of residency in the State of Illinois as a licensed auctioneer or crier, or retail or wholesale merchant; (2) The auctions conducted in the city within two (2) years last past; (3) A general description of the merchandise to be auctioned and whether there be any fill in stock to be auctioned, and if fill in stock is to be added, a detailed description of the same; (4) A statement whether all merchandise is stock on hand or not, and if not, a detailed description of that which is not; (5) The owner of all merchandise, together with the owner's complete address; (6) The place, time and duration of the auction. (Ord. No. 828, § 5, 10-7-63) Sec. 9-211. Issuance of license. The clerk shall issue the license, upon proper application and upon payment of the license fee and the giving of an approved bond. (Ord. No. 828, § 6, 10-7-63) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 34 of 123 ===== PDF PAGE 41 ===== [Extraction: embedded PDF text] Sec. 9-212. License fee. The license fee shall be as prescribed in Appendix G. (Ord. No. 11-O-0007, § 23, 5-16-2011) Sec. 9-213. Bond required. In addition to the license fee the applicant shall tender a three thousand dollar ($3,000.00) bond, with a surety company authorized to do business in Illinois as surety; said bond to be payable to the city and conditioned upon the principal paying all losses and damages occasioned by any material misrepresentation of fact or belief or any suppression of fact concerning any property sold at auction or any violation of this article. (Ord. No. 828, § 8, 10-7-63) Sec. 9-214. Fill in stock; notice requirements. No fill in stock shall be auctioned off at any auction unless the same is announced at the time of the auction as fill in stock, and unless in all printed material used to advertise the auction, whether newspaper advertisement or otherwise, the following words are used, "Merchandise specifically bought for the purpose of auctioning off will be offered and this merchandise is not stock on hand" in printing no smaller than the largest print appearing in the said printed notice or advertisement. In addition thereto each item shall be identified at the time of the auction by announcing, before the same is sold, that this item is a fill in item and purchased specifically for the purpose of being auctioned off today, in a clear voice, audible to all persons present. (Ord. No. 828, § 9, 10-7-63) Sec. 9-215. Investigation. The city administrator, or his agent, may investigate any part or all of the property before or after issuing the auctioneer's license. (Ord. No. 828, § 10, 10-7-63) Sec. 9-216. False statements prohibited. It shall be unlawful for any person acting as an auction crier to make any statements which are false in any particular, or which have a tendency to mislead any person present, or to make any misrepresentation as to the quality, quantity, character, present condition, value, cost, general selling price, or whether new or secondhand, of the property offered for auction. (Ord. No. 828, § 11, 10-7-63) Sec. 9-217. Bill of sale; warranty notice. The owner of auctioned property sold at auction for an amount not less than two dollars and fifty cents ($2.50) shall give to the purchaser a bill of sale, containing a full description of the property, its selling price and a statement giving each and every warranty under which the article was sold. In the event the property was sold Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 35 of 123 ===== PDF PAGE 42 ===== [Extraction: embedded PDF text] without any warranties there shall appear upon the said bill of sale in letters no less than one-quarter inch high the following words: "This property was sold without any warranties." (Ord. No. 828, § 12, 10-7-63) Sec. 9-218. Revocation. The license herein to be granted may be revoked by the city for cause at any time before or during the auction sale. Violation of any provision of this article shall be deemed sufficient cause to so revoke the same. (Ord. No. 828, § 13, 10-7-63) Secs. 9-219—9-230. Reserved. ARTICLE XII. RELOCATORS AND REPOSSESSORS Sec. 9-231. Definitions. For the purposes of this article, the following words shall have the meanings indicated unless their context clearly requires otherwise: Collateral. Any motor vehicle, boat, recreational vehicle, motor home, motorcycle or other property that is subject to a security, lease or rental agreement. Commission. Illinois Commerce Commission. Dispatcher. Any person who, as an employee or agent of a relocator or repossession agency, dispatches vehicles for operators who perform removal activities. Operator. Any person who, as an employee of a relocator or repossesor, removes trespassing vehicles from private property by means of towing or otherwise recovers vehicles for collateral. This term includes the driver of any vehicle used in removing a trespassing vehicle from private property as well as any person other than the driver who assists in the removal of a trespassing vehicle from private property. Owner. A person to whom title to equipment has been issued or who, without title, has the right to exclusive use of equipment, for a period longer than thirty (30) days, or who has lawful possession of equipment, registered and licensed in any state in the name of that person. Relocator. Any person or entity engaged in the business of removing trespassing vehicles from private property by means of towing or otherwise, and thereafter relocating and storing such vehicles. Repossessor. Any person or entity conducting business, or an employee of the business, who, for any type of consideration, engages in the business of, accepts employment, or agrees to provide collateral vehicle recovery. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-232. Declaration of city policy. It is hereby declared to be the policy of the city to regulate the collateral recovery of vehicles and removal of trespassing vehicles from private property and the subsequent relocation and storage of such vehicles in such manner as to fairly distribute rights and responsibilities among vehicle owners, private property owners and relocators and repossessors. For this purpose, the city's regulations herein are for the purpose of complementing Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 36 of 123 ===== PDF PAGE 43 ===== [Extraction: embedded PDF text] and supplementing the regulatory process of the commission pursuant to 225 ILCS 422 and 625 ILCS 5/18a-100 et seq., and any amendments thereto, and its enforcement efforts thereunder. The laws and regulations adopted hereunder are adopted pursuant to the home rule authority of the city as well as the express authority conferred by the state legislature on local units of government pursuant to 225 ILCS 422 and 625 ILCS 5/18a-100 et seq. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-233. Towing performed pursuant to police order. Nothing contained in this article shall be construed to regulate or otherwise affect towing performed by any relocator pursuant to the order of a law enforcement official or agency in accordance with 625 ILCS 5/4-201—5/4- 204 of the Illinois Vehicle Code. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-234. General powers and duties of the city administrator. The administrator or his designee shall: (1) Regulate relocators and repossessors and their employees or agents in accordance with this article and to that end, may establish reasonable requirements with respect to proper service and practices relating thereto; (2) Require the maintenance of a uniform systems of accounts, and records and their preservation; (3) Require all drivers and other personnel used in relocation and repossession to be employees of a relocator or repossessor; (4) Issue permits to relocators and repossessors in accordance with the requirements of this article; and (5) Upon receiving a verified complaint in writing by any person, organization or body politic, or upon its own initiative, may investigate whether any relocator, repossesor, operator, dispatcher or person otherwise required to comply with any provision of this article or any rule promulgated hereunder has failed to comply with any such provision or rule. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-235. Relocators—Unlawful practices. It shall be unlawful for any relocator to: (1) Relocate vehicles from authorized spaces. No vehicle shall be relocated if it is parked in a space on private property where it is authorized to be parked. (2) Relocate vehicles from private property without authorization from a property owner. No vehicle shall be relocated from private property without express, written authorization from the property owner, lessee or agent. The authorization must either direct the relocator to remove the specific vehicle in question or authorize the relocator to remove all unauthorized vehicles from the property. (3) Relocate vehicles not in accordance with proper posting. No vehicle shall be relocated from a lot which does not, at the time of the tow and for at least twenty-four (24) hours prior thereto, have signs posted in compliance with this article. Furthermore, no vehicle shall be relocated to a storage lot or facility that is not identified on signs posted in compliance with this article at the location from which the vehicle is relocated. No vehicle shall be relocated and/or stored even temporarily at any other location Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 37 of 123 ===== PDF PAGE 44 ===== [Extraction: embedded PDF text] than the location advertised on the relocator's sign. Once a vehicle is picked up from private property it must be towed immediately to the storage lot or facility that is identified on the sign posted on the private property. No vehicle shall be subsequently transported to any other lot or facility. (4) Relocate vehicles where the owner of the vehicle or the owner's agent is present or arrives on scene before the vehicle is completely removed from the private property, produces the ignition key to the vehicle, and the owner or agent is able and does immediately remove the vehicle from the private property. (5) Engage in the removal of a commercial motor vehicle that requires a commercial driver's license to operate, as required under 625 ILCS 5/6-500 et seq., if the operator does not have the appropriate driver's license classification. (6) Transact any part of its business at any location until after the relocator has obtained and remitted payment for a permit from the city, through its police department. The city is authorized to establish an electronic method for relocators to obtain a permit online using the internet. (7) Post signs at locations where the relocator is not authorized to operate or tow beyond a maximum distance. No relocator shall remove any vehicle otherwise in accordance with this article more than ten (10) air miles from its location when towed nor shall it post a sign at a location more than ten (10) air miles from the storage lot to which the relocator can relocate vehicles. (8) Relocate vehicles unless the relocation lot is open during certain prescribed hours. No vehicle shall be relocated to a lot which is not open to allow the vehicle owner to retrieve the vehicle within two (2) hours following the tow. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-236. Relocators—Prerequisites to operating within the city. It shall be unlawful for any relocator to: (1) Employ as an operator or otherwise use the services of any person who has not been duly licensed by the commission and the Illinois Secretary of State pursuant to the applicable laws, rules and regulations. (2) Operate a business other than in conformance with the laws of the commission and the rules and regulations adopted thereunder. (3) Operate any towing vehicle which does not carry a copy of 625 ILCS 5/18A of the Illinois Vehicle Code, a copy of this article of the city Code and sufficient copies of the commission complaint form. All documents shall be made available to any complainant at his request in the event of a dispute regarding vehicle relocation. (4) Operate any vehicle which has not passed a safety test as required in 625 ILCS 5/13-101. (5) Operate any vehicle which does not have the proper identification, equipment and insurance for that vehicle. (6) Relocate any vehicle prior to obtaining and remitting payment for an online permit, using the internet. This permit must be displayed in either paper or electronic form to any police officer upon request. The city will establish the form and determine the content of the online permit. (7) Relocate a vehicle unless the operator has a valid operator's permit issued from the commission. Each vehicle operator under authority of a relocator's license must carry a copy of the license in its cab. The copy shall be presented to any investigator or enforcement officer of the commission on request. Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 38 of 123 ===== PDF PAGE 45 ===== [Extraction: embedded PDF text] (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-237. Relocators—Responsibilities. A relocator must: (1) Notify the city prior to such removal by purchasing a permit as described in section 9-236(6). Notification shall include, but is not limited to, a complete description of the vehicle, including the year, make, model vehicle identification number (VIN) and state license plate number, the registration numbers, the locations from which and to which the vehicle is to be removed and taken and the time of removal and any other information required by state or local regulations, statute or ordinance. (2) Make a telephone number available to the city at which the relocator or an employer of the relocator may be contacted at any time, twenty-four (24) hours each day. This phone number shall be advertised for the purpose of effectuating the release of a towed vehicle. The relocator must have an employee available at all times on the premises owned or controlled by the relocator for the purposes of arranging for the immediate release of the vehicle. (3) Accept certain types of compensation: a. Except as provided in subsection b. below, no relocator shall demand, collect or receive anything of value or compensation in relation to its relocation business; b. From the property owner, lessee or their agents or from any person other than the owner or owner's agent of the relocated vehicle, except according to terms in the contract entered into between the property owner or lessee and the relocator; c. From the vehicle owner, lessee or their agents: 1. Greater than the amount posted on the signs on the private property from which the vehicle was relocated; 2. Greater than or other than the rates prescribed by the commission; or 3. Where the relocation was not performed in compliance with the law and in this article. (4) Release the vehicle provided payment is either in cash or through a valid major credit card, including, but not limited to, VISA, American Express, Discovery or MasterCard. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-238. Relocators posting of signs; sign specifications. (a) Generally. It shall be unlawful for an owner or other person in lawful possession or control of private property to remove, or employ a relocator to remove, an unauthorized vehicle from such property unless written notice is provided pursuant to the administrative rules of the commission. Such notice shall consist of a sign posted in a conspicuous place in the affected area of a size and content as required by the commission. Such sign shall state the amount of the towing charges to which the person parking may be subject. Such signs must be posted at least twenty-four (24) hours before any vehicle is relocated from the lot. (b) Application to residential property. No express notice shall be required under this section upon residential property which, paying due regard to the circumstances in the surrounding area, is clearly reserved or intended exclusively for the use or occupation of residents or their vehicles. (c) Sign specifications: Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 39 of 123 ===== PDF PAGE 46 ===== [Extraction: embedded PDF text] (1) Those portions of the sign warning that unauthorized vehicles will be relocated must be formatted in accordance with the administrative rules of the commission. (2) Each sign must contain: a. A warning that unauthorized vehicles will be relocated; b. The full legal name of the relocator as it appears on the relocator's license, the address and telephone number of the relocator, and the address and telephone number of the location to which the vehicle will be relocated and at which it can be reclaimed, if different from the address of the relocator; c. The maximum fee which the relocator will charge the vehicle's owner or owner's agent as a condition of reclaiming the vehicle, and any restrictions on the form of payment which will be accepted by the relocator, provided that no sign shall indicate a restriction on the form of acceptable payment that is contrary to section 9-237(4); d. The hours during which the owner or owner's agent can reclaim the vehicle, and when the relocator is closed to the public due to observation of holidays or otherwise. To the extent that a sign does not show limitation on hours or days when the vehicle can be reclaimed, the sign shall constitute a representation that the vehicle can be reclaimed at any time or on any day. No sign shall include hours of doing business contrary to the restrictions contained in section 9-235(8). (3) Such signs must be visible and readable from all entrances and exits, both during the day and at night, free of any natural or man-made interference. (4) No more than one (1) location where the vehicle may be relocated shall be identified on any posted sign at any lot from where the vehicle was relocated. (Ord. No. 18-O-0038, § 2, 7-16-2018) Sec. 9-239. Repossessors—Unlawful practice. It shall be unlawful for any repossessor: (1) To repossess a vehicle prior to obtaining a valid permit issued by the city. (2) To violate any other provision of this article, commission regulations or orders adopted under this article or pursuant to 225 ILCS 422 et seq. (3) No repossessor may remove a vehicle from private property where such entry and/or removal constitutes a breach of the peace. (Ord. No. 18-O-0038, § 2, 7-16-2018; Ord. No. 19-O-0020, § 1, 7-1-2019) Sec. 9-240. Permit fee. The fee to be paid by the applicant at the time of issuance of the permit shall be as prescribed in appendix G. (Ord. No. 18-O-0038, § 2, 7-16-2018) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 40 of 123 ===== PDF PAGE 47 ===== [Extraction: embedded PDF text] Sec. 9-241. Penalties. In addition to any other relief granted by the courts or the administrative law judge, any relocator, repossessor, operator, dispatcher or employee of a relocator or repossesor who violates any of the provisions of this section shall be subject to a fine per section 1-8, general penalty, of this Code. (Ord. No. 18-O-0038, § 2, 7-16-2018) Secs. 9-242—9-250. Reserved. ARTICLE XIII. TAXICABS AND LIVERY SERVICES7 Sec. 9-251. Definitions. For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by section. Cab company. A person or company engaged in the business as proprietor of one (1) or more taxicabs or livery services. Driver. A person who drives or is licensed to drive a taxicab on the streets and ways within the city. Person with a disability. A West Chicago resident who has a physical or mental impairment which is expected to be of long continued and indefinite duration and which is a substantial impediment to the resident's ability to move about as a pedestrian. Proof thereof shall consist of a regional transportation authority special user card or an affidavit from a medical doctor. Senior citizen. A West Chicago resident who is sixty-five (65) years of age or older. Proof thereof shall consist of a State of Illinois photograph identification card. Taxicab or livery. Any vehicle used to transport or carry passengers for hire but not operating on a fixed route. Taximeter. Any mechanical, electrical or electronic device installed in a public passenger vehicle, which calculates and indicates the fares, measures the distance traveled and time elapsed, and indicates other charges which may be due. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-252. License required. It shall be unlawful for any person to engage in the business of operating a taxicab or taxicabs in the city without first having secured a license therefor, and paying the fees hereinafter set forth. 7Editor's note(s)—Ord. No. 02-O-0090, § 1, adopted July 1, 2002 amended Art. XIII, §§ 9-251—9-262 and enacted a new Art. XIII as set out herein. The former Art. XIII pertained to taxicabs and derived from Ord. No. 1275, §§ 1—4, 6—12, adopted July 21, 1975; Ord. No. 1737, §§ 1, 2, adopted May 7, 1984; Ord. No. 1595, § 1, adopted Aug. 2, 1982; Ord. No. 1788, § 1, adopted Mar. 4, 1985. Cross reference(s)—Traffic regulations, Ch. 17. Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 41 of 123 ===== PDF PAGE 48 ===== [Extraction: embedded PDF text] It shall be deemed operating a taxicab without a license, within this article, for any person, partnership or corporation to pick up a passenger within the city limits without first having obtained a license as herein provided. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-253. Use of taxicabs. (a) It shall be unlawful to refuse any person transportation in a taxicab to any place of destination within the city in a taxicab that is unoccupied by a passenger for hire unless it is on its way to pick up a passenger or otherwise out of service or unless the person to be served appears intoxicated or uses profane or abusive language in attempting to contract for service. When the taxicab is out of service or carrying a passenger, there shall be displayed on the taxicab, and visible to those outside the taxicab, a sign or light indicating the taxicab is "not for hire" in letters at least two (2) inches in height. (b) Group riding is permitted in taxicabs; provided, that the driver accepts no more than five (5) passengers for any trip, and provided that the fare charged to any passenger will be no greater than if he rode alone. (c) It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person is not intoxicated and conducts himself in an orderly manner. (d) No person shall be admitted to a taxicab occupied by a passenger without the consent of such passenger. (e) The driver shall take his passenger to the destination by the most direct route from the place where the passenger enters the cab. (f) Taxicabs shall not be used for the transport of alcoholic beverages. (g) Taxicabs shall only be parked in an enclosed garage when not in use. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-254. Identification on taxicab operated by a licensed cab company required. Every taxicab operated by a cab company licensed by the city hereunder shall have displayed thereon, in the appropriate place, the following identification materials: (1) On the center of the exterior main panel of the front or rear doors of each such taxicab, there shall appear the cab number assigned by the cab company and the cab company's name and telephone number. (2) On the back of the front seat, clearly visible to passengers in the rear of the vehicle, there shall be affixed a copy of the taxicab driver's license and the license number thereof in plainly legible print, the telephone number of the cab company, and the rates charged for trips inside and outside of the city. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-255. Taximeters. Every taxicab operated by a cab company licensed by the city shall be equipped with a taximeter connected with and operating from the transmission of the taxicab, subject to the following regulations: (1) No taximeter shall be attached to a taxicab unless it has been inspected by an inspector approved by the chief of police and found to be accurate. The cab company shall keep certificates of accuracy from the inspector for each taximeter and provide the same for inspection by a passenger upon request. Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 42 of 123 ===== PDF PAGE 49 ===== [Extraction: embedded PDF text] (2) Each taximeter shall be inspected annually not more than thirty (30) days prior to January 1, and a certificate of accuracy, as provided above, shall be submitted by the cab company to the police department prior to renewal of the cab company license. (3) Taximeters shall have a lighted dial or dials to register the tariff in accordance with lawful rates as expressed herein and the dial shall at all times be maintained by the cab company so that it is in plain view and readable by the passenger. (4) No driver or cab company shall operate a taxicab with a taximeter that is inaccurate, has not been inspected as provided herein or is otherwise not in compliance with the provisions of this chapter. (5) It shall be unlawful for any person to tamper with a taximeter. (6) Upon the request of the chief of police, the cab company shall submit any taximeter installed on a taxicab to an inspection to determine its accuracy, at the sole cost and expense of the cab company. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-256. Taxicab fares. (a) Rates and charges: The following schedule of rates and charges which is hereby declared to be just and reasonable, computed according to the number of passengers, the distance traveled, and the time computed as indicated by the taximeter installed in each taxicab, shall apply: $2.00 for the first ½ mile or fraction thereof; $0.60 for each additional ½ mile $1.00 for the second and additional passengers, excepting children age 8 and under which shall be carried free $0.35 for each additional ½ minute of waiting time $2.00 minimum fare (b) Waiting time: Waiting time shall include the time beginning five (5) minutes after call time at the place to which the taxicab has been called, when it is not in motion, and the time consumed while standing at the direction of the passenger. (c) Baggage: No extra charge shall be made for baggage or parcels the size of which permits them to be carried in the cab. (d) The meter rates and charges set forth in this section shall apply to all trips within the city and all trips between the city and Bartlett, Carol Stream, Winfield, Wheaton, Warrenville, Batavia, Geneva, St. Charles and Wayne, and the unincorporated areas falling within the perimeters established by such municipal boundaries. For the transport of passengers between the city and destinations beyond the perimeter of the municipal boundaries listed above, a maximum charge not to exceed one hundred fifty (150) percent of the actual metered rate may be imposed. (Ord. No. 02-O-0090, § 1, 7-1-2002; Ord. No. 04-O-0092, § 1, 9-7-2004) Sec. 9-257. Conduct of taxicab drivers generally. It shall be unlawful for any driver to conduct himself in a disrespectful or contemptuous manner towards any person, or to use abusive or profane language while so occupied or in charge of such vehicle. (Ord. No. 02-O-0090, § 1, 7-1-2002) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 43 of 123 ===== PDF PAGE 50 ===== [Extraction: embedded PDF text] Sec. 9-258. Conditions of taxicabs generally. It shall be unlawful for any person to operate any taxicab on the streets of the city unless it has proper state license plates properly displayed. Every taxicab operated in the city by a cab company licensed by the city shall be maintained in a safe, dependable and clean condition at all times. Each taxicab shall have two (2) doors on each side of the taxicab and provide a seat belt for every passenger. If any taxicab shall become unsafe for operation or if its body or seating facilities shall be so damaged as to render the taxicab unfit for public use, the chief of police may suspend the license issued to the cab company operating that vehicle, or suspend that taxicab's registration, until the vehicle is made safe for use by the public. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-259. Books and records of account. Every licensed cab company shall keep accurate books and records of account and log books of service rendered in its dispatching office located in the city. The chief of police shall be permitted to examine those books and records of account and logs as they may relate to a specific charge that is the subject of a public hearing under the provisions of this chapter. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-260. Complaints. (a) Any person may file a written complaint with the chief of police regarding the conduct of a driver or cab company. (b) The chief of police shall investigate all complaints against drivers or cab companies. He shall notify the driver and cab company of the complaint and shall hold a meeting on the matter, if he determines that such a meeting is necessary, at which meeting the driver and a representative of the cab company shall be present. If the chief of police determines that any provision of this chapter has been violated, he shall take any further action consistent with the provisions of this chapter and shall also refer the matter to the police department. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-261. Application. (a) The cab company shall apply to the police department for a cab company license before operating any taxicabs within the city. The application for a cab company license shall be approved by the chief of police and a cab company license issued pursuant to the following rules and regulations: (1) Application shall be made by the cab company in writing to the police department on a form as reasonably required and approved by the chief of police. (2) The cab company shall be required to include in the application a true statement of certain facts including, but not limited to, the state of incorporation of the cab company if the cab company is a corporation; whether the cab company is organized and qualified to do business under the laws of the state if the cab company is a corporation; the cab company's principal place of business; the names of the individuals who own the cab company; whether the cab company is a corporation, partnership or sole proprietorship; the registered agent of the corporate cab company, and the principal office, address and phone number of the cab company. Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 44 of 123 ===== PDF PAGE 51 ===== [Extraction: embedded PDF text] (3) The cab company shall, with its application for a cab company license, register or cause to be registered each taxicab operated by or operated for, such company within the city. The following information for each taxicab to be registered shall be provided: a. The year, make, color and vehicle identification number of the taxicab. b. Name, address, and telephone number of the owner of the taxicab. c. Written certification that required safety inspections of the taxicab and inspection of the taximeter have been completed within thirty (30) days prior to application and that these inspections find the taxicab to be safe and the taximeter to be in proper working order and accurate. (4) The city shall investigate the owner(s) of the applicant cab company. If this investigation or the application materials uncover information showing any of the following, the application shall not be approved and no license shall be issued to the cab company: a. An owner(s) has been convicted of a felony based upon his conduct or involvement in such business or activity or related or similar business or activity within the past ten (10) years; b. An owner(s) has been convicted of a felony or misdemeanor unrelated to his conduct or involvement in such business or activity or related or similar business or activity, but which felony or misdemeanor involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including criminal sexual assault and sexual abuse, within the past ten (10) years; c. An owner(s) has been convicted of a misdemeanor or licensing ordinance violation based upon his conduct or involvement in such business or activity or related or similar business or activity within the past two (2) years; or d. The owner(s) or applicant(s) has misrepresented facts in the application for a license. (5) The owner(s) or applicant(s) shall submit his/her fingerprints to be used in completing the investigation. Owner(s)/applicant(s) are required to present themselves for fingerprints to be taken by the police department. Applicant shall pay a fingerprint fee as prescribed in Appendix G. Provided, in the case of a renewal application, fingerprints and the fingerprinting fees shall not be required from a renewal applicant whose fingerprints are on file, unless the city determines that there may be reason to believe that the renewal applicant may have unreported convictions. (6) The cab company shall be required to file with the police department, along with its application for a cab company license, a certificate of insurance showing that the cab company, its drivers and employees, are adequately insured against public liability, property damage and workman's compensation claims on account of its operation of taxicabs in the city, and shall provide proof of automobile liability insurance for each taxicab registered pursuant to this section. Taxicab companies with independent contractors as taxicab drivers must cause each driver to provide proof of automobile liability insurance for each taxicab registered pursuant to this section. The policy of insurance may cover one or more motor vehicles and for each vehicle shall insure such owner against liability upon the owner to a minimum amount of two hundred fifty thousand dollars ($250,000.00) for bodily injury to, or death of, any person, and fifty thousand dollars ($50,000.00) for damage to property provided that the maximum payment required of such company on all judgments recovered against an owner hereunder shall not exceed the sum of three hundred thousand dollars ($300,000.00) for each motor vehicle operated under the provisions of this section. If the insurance expires or is otherwise terminated during the term of the license, the cab company shall submit to the city, within fifteen (15) days of receipt thereof, a new certificate of insurance showing that the policy has been renewed or a new policy obtained, which meets the requirements of this section. If the insurance expires or is otherwise terminated during the term of the license, the cab company shall submit to the city, within Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 45 of 123 ===== PDF PAGE 52 ===== [Extraction: embedded PDF text] fifteen (15) days of receipt thereof, a new certificate of insurance showing that the policy has been renewed or a new policy obtained, which meets the requirements of this section. (7) Failure to fully comply with the application and disclosure requirements of this section shall constitute grounds for the chief of police to deny issuance of a cab company license to any cab company. (8) The chief of police shall, within forty-five (45) days after submittal of a properly completed application, or within such other period of time as the city and the applicant shall otherwise agree, either issue or deny issuance of a taxicab company license pursuant to this article. Provided, if after forty-five (45) days a criminal history background investigation has not been completed, the chief of police may issue a temporary taxicab company license during the investigation period. The temporary taxicab company license shall only be valid for ninety (90) days from the date of issuance and shall automatically terminate at the end of the ninety-day term. The chief of police has the right to revoke the temporary taxicab company license immediately upon an unsatisfactory completion of a criminal history background investigation. (Ord. No. 02-O-0090, § 1, 7-1-2002; Ord. No. 03-O-0016, §§ 1, 2, 3-3-2003; Ord. No. 11-O-0007, § 25, 5-16-2011) Sec. 9-262. Fees. Fees for the annual business license (including the additional fee per driver and fee per vehicle) shall be as prescribed in Appendix G. The full license fee shall be paid no matter when the license is applied for or issued. If the application is for renewal of a cab company license, the application shall be submitted to the police department by December 31 of the year in which the license will expire. Application filed after this deadline shall be considered a late filing, but shall be accepted by the city, provided a late filing fee, as prescribed in Appendix G, is submitted with the application and the license fee. (Ord. No. 02-O-0090, § 1, 7-1-2002; Ord. No. 03-O-0110, § 6, 12-15-2003; Ord. No. 11-O-0007, § 24, 5-16-2011) Sec. 9-263. Transfer of cab company license. If a licensee holding a cab company license under this chapter shall change the principal place of business of the company, he shall apply to the police department for a transfer of the license, such application to state the address of the new principal place of business. The chief of police shall make the necessary alterations and endorse the transfer on the license. No fee shall be required for the transfer of a license for a change in the principal place of business of the company. If ownership of a cab company licensed under this chapter shall be conveyed to a new owner, said new owner shall apply for a new license in his name in accordance with the procedures and standards set forth in this section herein. There shall be no transfer of a license from one (1) owner of a business to another. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-264. Changes in taxicabs during license term. During the term of any license issued to a cab company, if the cab company substitutes another taxicab for any taxicab registered with the city pursuant to section 9-261 of this chapter, or adds any additional taxicab to the list of registered taxicabs, the company shall register such substitute or additional taxicab with the city pursuant to section 9-261. (Ord. No. 02-O-0090, § 1, 7-1-2002) Created: 2025-08-27 12:15:09 [EST] (Supp. No. 145) Page 46 of 123 ===== PDF PAGE 53 ===== [Extraction: embedded PDF text] Sec. 9-265. Taxicab driver's license required. It shall be unlawful for any driver to operate a taxicab for a cab company licensed by the city unless that driver is licensed by the city. It shall be unlawful for any driver to operate a taxicab that is not properly registered pursuant to sections 9-261. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-266. Application for and issuance of taxicab driver's license. The driver of any taxicab to be operated within the city for a cab company licensed to operate taxicabs in the city, shall apply for a taxicab driver's license before driving a taxicab in the city. The application for a taxicab driver's license shall be approved by the chief of police and a taxicab driver's license issued pursuant to the following rules and regulations: (1) Application shall be made by the driver in writing to the police department on a form as reasonably required and approved by the chief of police. Prior to issuance of the license, the business license fee shall have been paid. (2) The driver shall be required to include in the application a true statement of certain facts including but not limited to, the age of the driver, the driving convictions of the driver, the type of state driver's license of the driver, any felony convictions of the driver, the address and home telephone number of the driver. (3) At the time of application, the driver shall submit his or her driving abstract obtained from the Illinois Secretary of State's Office within thirty (30) days prior to the submittal of the application for a license. (4) The city shall investigate the applicant for a taxicab driver's license. If this investigation or the application materials uncover information showing any of the following, the application shall not be approved and no taxicab driver's license shall be issued to that applicant: a. The applicant has been convicted of a felony based upon his conduct or involvement in such business or activity or related or similar business or activity within the past ten (10) years; b. The applicant has been convicted of a felony or misdemeanor unrelated to his conduct or involvement in such business or activity or related or similar business or activity, but which felony or misdemeanor involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including criminal sexual assault and sexual abuse, within the past ten (10) years; c. The applicant has been convicted of a misdemeanor or licensing ordinance violation based upon his conduct or involvement in such business or activity or related or similar business or activity within the past two (2) years; d. The applicant has been convicted of driving under the influence of drugs or alcohol within the past five (5) years; e. The applicant has been convicted of reckless driving within the past five (5) years; f. The applicant's driver's license has been suspended for violations concerning his operation of a motor driven vehicle within the past five (5) years; or g. The owner(s) or applicant(s) has misrepresented facts in the application for a license. (5) The driver shall submit his/her fingerprints to be used in completing the investigation. Applicants are required to present themselves for fingerprints to be taken by the West Chicago Police Department. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 47 of 123 ===== PDF PAGE 54 ===== [Extraction: embedded PDF text] Driver shall pay a fingerprint fee of fifteen dollars ($15.00). Provided, in the case of a renewal application, fingerprints and the fingerprint fee shall not be required from a renewal applicant whose fingerprints are on file, unless the city determines that there may be reason to believe that the renewal applicant may have unreported convictions. (6) The applicant for a taxicab driver's license shall provide to the police department with his application evidence that he holds a valid Illinois operator's license that allows him to operate taxicabs under the laws of the state. (7) The taxicab to be driven by the driver applying or reapplying for the license shall pass a taxicab safety inspection within thirty (30) days of application for a taxicab driver's license. The city shall conduct such inspections. These safety inspections shall be valid for one (1) year. Taxicabs shall be re-inspected during the term of the driver's license whenever the certificate of inspection expires. If the driver changes taxicabs, the new taxicab shall be inspected pursuant to this subsection before it can be operated in the city. No taxicab shall be operated within the city without displaying a current and valid city certificate of safety inspection. Upon issuance of a taxicab driver's license, the driver shall at all times when operating a taxicab in the city carry a license card that contains his name, license number and year for which the license is valid. The taxicab driver shall exhibit this card upon the request of any passenger or police officer. (8) Failure to comply with the application and disclosure requirements of this section shall constitute grounds for the chief of police to deny issuance of a taxicab driver's license to any driver. (9) The chief of police shall, within forty-five (45) days after submittal of a properly completed application, or within such other period of time as the city and the applicant shall otherwise agree, either issue or deny issuance of a taxicab driver's license pursuant to this article. Provided, if after forty-five (45) days a criminal history background investigation has not been completed, the chief of police may issue a temporary taxicab driver's license during the investigation period. The temporary taxi cab driver's license shall only be valid for ninety (90) days from the date of issuance and shall automatically terminate at the end of the ninety-day term. The chief of police has the right to revoke the temporary taxicab driver's license immediately upon an unsatisfactory completion of a criminal history background investigation. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-267. Denial, suspension or revocation of licenses. (a) If a license is denied this chapter, the applicant may file a written appeal of the decision to the chief of police within seven (7) days of receipt of the decision. The written appeal shall set forth the reasons why the applicant believes the decision to deny the license should be reversed. The chief of police shall respond to the appeal within fourteen (14) days either affirming or reversing the decision to deny the license. (b) A license issued under the provisions of this chapter may be revoked or suspended by the chief of police for a violation of any provision of this chapter. If the chief of police determines after investigation that cause exists for the suspension or revocation of a license, the chief of police shall notify the licensee in writing that its license will be revoked or suspended, setting forth the reasons therefor, and advising the licensee of the right to appeal pursuant to section 9-268 of this chapter. Unless a timely appeal is filed as provided in section 9-268, such revocation or suspension shall be final and effective on the eleventh business day following receipt of the notice by the licensee. If a timely appeal is filed as provided in section 9-268, such revocation or suspension shall not be final and effective until the appeal has been processed. (c) Any cab company license or taxicab driver's license issued to a cab company or driver shall be automatically revoked as follows: Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 48 of 123 ===== PDF PAGE 55 ===== [Extraction: embedded PDF text] (1) If owners of the cab company or a driver is convicted of such offenses as are enumerated in subsections 9-261(4)a and b and subsection 9-266(4)a and b; (2) If an owner of the cab company or driver is found in possession of narcotics; (3) If the driver of any taxicab is convicted of drunken driving or reckless driving; (4) If a driver's state driver's license has been suspended; and (5) If there is a loss of insurance for a taxicab. (d) Suspension of a license shall be for a period of not to exceed thirty (30) days. No revocation or suspension shall require return by the city of any license fee. (e) Any revocation of a license shall preclude the licensee (or any subsequent cab company that has twenty (20) percent or more common identity/ownership interest with the licensee) from receiving another license under this chapter for two (2) years from the date of revocation; except that upon automatic revocation, as provided above, the license (or any subsequent cab company that has twenty (20) percent or more common identity/ownership interest with the licensee) shall not be permitted to receive another license for ten (10) years from the date of revocation for violations of subsections 9-267(c)(1) and (2) and five (5) years for violation of subsections 9-267(c)(3) and (4). (f) Revocation or suspension of a license shall not preclude the imposition of a fine by a court of competent jurisdiction for violation of any part of this chapter. (Ord. No. 02-O-0090, § 1, 7-1-2002) Sec. 9-268. Appeals. (a) Any permit holder who receives a notice of revocation or suspension may file an appeal with the city administrator as provided herein. Such appeal shall be filed with the city administrator, in writing, no later than ten (10) business days following receipt of the notice of revocation or suspension, and shall include a response to the notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the police department's notice and shall set forth the basis for why the license should not be revoked or suspended. (b) The city administrator shall schedule an informal public hearing as soon as possible following receipt of such appeal. The purpose of the hearing will be to offer the applicant or licensee an opportunity to show cause why the license should not be suspended or revoked. A record shall be made of the informal public hearing and documents may be submitted and/or testimony given, either in person or through sworn affidavit. This record may be made by electronic recording. The city administrator shall have the power to administer oaths and to continue the hearing from time to time to permit the applicant to provide additional information. (c) Within thirty (30) days after such hearing, the city administrator shall make written findings of fact and issue an appropriate order. If the city administrator determine that the license or permit should be revoked or suspended, the reasons supporting such determination shall be included in the written order. A copy of such order shall be served upon the permittee. (d) The decision of the city administrator as provided in subsection (c) above shall be the final administrative action of the city with respect to the permit and shall be subject to the immediate appeal by the permittee to the circuit court. Such appeal to the circuit court shall be filed not later than thirty-five (35) days following receipt of the city administrator's findings and order. Failure to timely file such appeal as provided herein shall render the city administrator's decision final. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 49 of 123 ===== PDF PAGE 56 ===== [Extraction: embedded PDF text] (e) The city administrator may delegate any duty or power set forth in this section, including but not limited to, the conduct of the informal hearing and issuance of any final order, to such city officer as the city administrator may designate. (Ord. No. 02-O-0090, § 1, 7-1-2002) Secs. 9-269—9-275. Reserved. ARTICLE XIV. LANDSCAPE WASTE TRANSFER STATIONS Sec. 9-276. License required. (a) No person, firm, corporation or other legal entity shall engage in the business of operating a landscape waste transfer station within the city without first having obtained a license therefor from the city. For the purposes of this article, a landscape waste transfer station shall mean any facility which accepts landscape waste generated offsite for the purpose of transferring the same to a permanent disposal facility or other offsite entity which may lawfully accept the same. (b) For the purposes of this article, landscape waste shall mean grass clippings, leaves, brush, branches and other such materials accumulated as a result of the care of lawns, shrubbery, vines, and trees, but shall specifically exclude decomposed or composted materials. (Ord. No. 2960, § 1, 2-5-96) Sec. 9-277. Application for license. (a) Applications for landscape waste transfer station licenses shall be made in writing to the city administrator. Each application shall contain such information as may be prescribed by the city administrator, including, but not limited to, the name and address of the applicant, the location of the landscape waste transfer station, a certificate of zoning compliance demonstrating that said location is properly zoned for such purpose, the location and identity of each other landscape waste transfer station, or other pollution control facility, presently or previously owned and/or operated by the applicant, whether any license, permit or other local, state or federal approval with respect to such other station or facility has been revoked or any criminal or civil sanction has been imposed in connection therewith and, if so, the reasons for such revocation or sanction, and, if the applicant is other than a natural person, the names and addresses and/or persons having, beneficially or otherwise, any ownership interest in the applicant. (b) If the applicant is not the owner of the real property, upon which the landscape waste transfer station is, or will be, located, then the application shall be made jointly by the operator of said station and the owner(s) of said real property, and shall contain all of the information required by this section with respect to both the operator of said station and the owner(s) of said real property. For the purposes of this section if legal title to said real property is held in trust, the term owner(s) shall mean the beneficial owner or owners of said trust. (Ord. No. 2960, § 1, 2-5-96) Sec. 9-278. License term; fee; renewal. (a) Each license issued, or renewed, pursuant to this article shall be for a term of not more than one (1) calendar year, commencing at 12:01 a.m. on January 1 of such year, or if such license is used after January 1 of the year for which such license is issued, at 12:01 a.m. of the day following the date of issuance. Each license Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 50 of 123 ===== PDF PAGE 57 ===== [Extraction: embedded PDF text] issued, or renewed pursuant to this article shall expire at 12:01 a.m. on January 1 of the year following the year for which such license is issued or renewed. (b) No license shall be issued, or renewed, without there first having been paid with respect thereto an annual license fee as prescribed in Appendix G. Said license fee shall not be prorated in the event that a license is issued for less than a full calendar year, nor shall any portion thereof be rebated or refunded in the event that any license is revoked or the use of such license is discontinued for any reason. (c) A license issued, or renewed, pursuant to this article, which has not been revoked pursuant to section 9-282 of this Code, may be renewed at its expiration upon written application therefor to the city administrator. Each application for renewal of such license shall contain the information set forth at section 9-277 of this Code and shall be made on or before December 1 of the year preceding the year for which such renewal is sought. (Ord. No. 2960, § 1, 2-5-96; Ord. No. 03-O-0110, § 7, 12-15-2003; Ord. No. 07-O-0105, § 3, 12-7-2007, eff. 1-1- 2008; Ord. No. 11-O-0007, § 26, 5-16-2011) Sec. 9-279. Transfer of license. (a) A license issued, or renewed, pursuant to this article shall be a personal privilege to operate a landscape waste transfer station on the site set forth in such license, good for a term not to exceed one (1) year unless sooner revoked as provided in section 9-282 of this Code, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. (b) Such license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate succession; provided, that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, may continue to operate under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license, but not longer than six (6) months after the death, bankruptcy or insolvency of such licensee. (c) Any license issued to a corporation for profit shall terminate upon transfer of ownership from one (1) individual or individuals to another of more than thirty (30) percent of the corporate stock and a new application and license fee shall be required. Whenever a licensee under this article forms a corporation to operate in lieu of said licensee, the license issued thereto shall terminate and a new application and license fee shall be required, even when the shareholder or shareholders of said corporation and the licensee or licensees are one and the same persons. Whenever ownership of the real property, upon which a landscape waste transfer station is located, is transferred in whole or in part, the license issued therefor shall terminate, and a new application and license fee shall be required. (Ord. No. 2960, § 1, 2-5-96) Sec. 9-280. Expansion or change of location. No licensee under this article shall expand the operation of a landscape waste transfer station beyond, or change the location thereof from, the real property set forth in the license therefor. Any such expansion or change of location shall require a new license, including a new application and application fee. (Ord. No. 2960, § 1, 2-5-96) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 51 of 123 ===== PDF PAGE 58 ===== [Extraction: embedded PDF text] Sec. 9-281. Operations. It shall be the duty of the licensee of each landscape waste transfer station to: (a) Limit the operations on the site to the transfer of landscape waste, and to refuse and prevent the deposit or storage upon, or transfer at, the site of any decomposed or composted materials; (b) Limit the operations on the site to the portion of each calendar year commencing on March 1 and ending on December 15, and, within said portion of each calendar year, to limit the operations on the site to the portion of each week commencing on Monday and ending on Saturday; (c) Limit the portion of the operations on the site involving transfer of landscape waste onto the site to the hours of 7:00 a.m. to 4:00 p.m. each day on which the operations are permitted, as provided in subsection (b) hereinabove; (d) Limit the portion of the operations on the site involving the mulching and/or chipping of brush and branches and the transfer of landscape waste off of the site to the hours of 7:00 a.m. to 7:00 p.m. each day on which the operations are permitted, as provided in subsection (b) hereinabove; (e) Cause the removal from the site of all landscape waste transferred onto the site, and the placement of the site in a clean and sanitary condition, not later than 7:00 p.m. on each day that operations are permitted, as provided in subsection (b) hereinabove; (f) Cause the site to be secured from entry at all times when operations are not permitted on the site, as provided in subsection (b) hereinabove; (g) Cause the inspection of the neighboring properties and public rights-of-way, and the removal therefrom of landscape wastes which fall, shift, blow, drop or escape from the site or the trucks operated in connection therewith, on a daily basis; (h) Cause not less than one (1) employee to be present on the site at all times when the site is not secured from entry; (i) Cause all brush and branches transferred onto the site to be mulched and/or chipped, so as to minimize their volume, prior to being transferred off of the site; (j) Cause all trucks operated in connection with the transfer of landscape waste off of the site to be securely covered with a tarpaulin or other cover, or otherwise secured, as is necessary to prevent the falling, shifting, blowing, dropping or escaping of any landscape wastes from such trucks, and to be operated in all respects in conformity with all applicable local, state and/or federal statutes, ordinances, rules and/or regulations, and to refuse to accept transfer of landscape waste onto the site from trucks which are not so covered or secured; (k) As a precondition to commencement and continuation of operations upon the site, secure and thereafter renew and maintain all necessary permits, licenses and other approvals required by any applicable local, state and/or federal statutes, ordinances, rules and/or regulations, and fully comply with all terms and conditions in connection therewith; (l) Permit the city to inspect the site at any time during which operations are taking place, without prior notice, and at any other times, upon reasonable notice; (m) Refrain from any processing of landscape waste upon the site, except mulching and chipping of brush and branches, as provided in subsection (i) hereinabove; (n) Refrain from any retail sales of landscape waste or the mulched or chipped byproducts thereof from or on the site; Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 52 of 123 ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] (o) Conduct the operations on the site so as to avoid any nuisance in fact, danger to life or detriment to health. (Ord. No. 2960, § 1, 2-5-96) Sec. 9-282. Suspension or revocation of license; hearing; appeal. (a) When the operation of a landscape waste transfer station constitutes a nuisance in fact or a clear and present danger to the public health, safety or general welfare, the city administrator shall be authorized to summarily order the cessation of business, the closing of the premises and the suspension of the license for a period not to exceed ten (10) days. Within eight (8) days after he or she has so acted, the city administrator shall call a hearing for the purpose of determining whether or not the license should be revoked. (b) A landscape waste transfer station license may be revoked by the city administrator after notice and hearing as provided in subsection (c) hereinbelow, for any of the following causes: (1) Any fraud, misrepresentation or false statement contained in the application for the license; (2) Any violation by the licensee of ordinance provisions relating to the license or the licensed site; (3) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; (4) Failure of the licensee to pay any fine or penalty owing to the city; or (5) Refusal to permit an inspection, or any interference with a duly authorized city officer or employee while in the performance of his or her duties in making an inspection. Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the city. (c) Notice of the hearing for revocation of a landscape waste transfer station license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the licensee at his or her last known address at least five (5) days prior to the date set for the hearing. At the hearing, the city prosecutor shall present the complaint and shall represent the city. The licensee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The city administrator shall preside and shall render the decision. (d) Any person aggrieved by the decision of the city administrator in connection with the revocation of a license for a landscape waste transfer station shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city administrator, within ten (10) days after notice of revocation of a license, a written statement under oath setting forth specifically the grounds for appeal. The city council shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the licensee in the same manner as provided in subsection (c) hereinabove. The decision of the city council on such appeal shall be by vote of a majority of all the members then holding office and shall be final. (Ord. No. 2960, § 1, 2-5-96) Secs. 9-283—9-300. Reserved. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 53 of 123 ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] - CODE OF ORDINANCES Chapter 9 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE XV. LICENSING OF RESIDENTIAL RENTAL PROPERTY ARTICLE XV. LICENSING OF RESIDENTIAL RENTAL PROPERTY8 Sec. 9-301. Definitions. For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Abandoned vehicle: All motor vehicles or other vehicles in a state of disrepair which renders the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted. Applicant: The legal titleholder to the rental property as shown on a deed, including, but not limited to, any individual, firm, sole proprietor, association, partnership, corporation, trust or any other legal entity. Boarding house: Any single-family dwelling, or any part thereof, containing one (1) or more rooms forming a single habitable unit used, or, intended to be used, for living and sleeping, but not for cooking or eating purposes, which space is rented or leased by the owner or operator to any one (1) or more persons. Building: Any structure that is designed and built as a group of individual dwelling units, and is separated from another building by virtue of a firewall or fire separation assembly. Common areas (exterior): The private roads and streets and private sidewalks adjacent thereto, landscaping, detention ponds, utility facilities, trash enclosures, playground equipment, swimming pools, tennis courts, basketball courts or any other recreational facilities, trail areas, parking areas, private drives, detached garages, lighting fixtures, signage, mailboxes, street benches, entrance monuments, perimeter fencing and such other improvements or structures from time to time or at any time located or constructed on a common area. Such common areas may serve, in whole or in part, one (1) or more multiple-family dwellings. Common areas (interior): Any portion or part thereof of a multiple-family dwelling having communal areas (laundry, furnace, storage rooms, hallways, stairways, meeting rooms) and all other areas located within a dwelling, outside of a dwelling unit. Interior common areas shall also include stoops, entrance doors, roofs, attics, balconies, lighting fixtures, signage, railings, patios, storage areas, garages, exterior building surfaces, gutters and downspouts and any other areas of a multiple-family dwelling or building to which the owner is directly responsible for the proper maintenance thereof. Condominium dwelling: For the purpose of this article: any one (1) or more dwelling units, each under individual, separate ownership, designed and built as a group of individual dwelling units, in which units may touch by virtue of common or party walls, floors, ceilings and hallways, and which contains two (2) or more dwelling units per building. Dwelling unit: Any rooms or group of rooms located within a structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. 8Editor's note(s)—Ord. No. 11-O-0063, § 1, adopted November 7, 2011, repealed the former Art. XV, §§ 9-301—9- 317, and enacted a new Art. XV as set out herein. The former Art. XV pertained to similar subject matter and derived from Ord. No. 11-O-0013, § 1, adopted June 20, 2011 and Ord. No. 11-O-0057, adopted October 3, 2011. West Chicago, Illinois, Code of Ordinances Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 54 of 123 ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] Habitable: Any structure which is suitable and fit for a person or persons to live in, which is free of building code violations and which is free from defects that endanger the health, safety and welfare of the occupants. Managing agent: Any person or firm, acting for another, with authority to rent, enter into a lease on behalf of the owner, manage and/or make expenditures. Multiple-family dwelling: For the purpose of this article: one (1) or more residential buildings under one (1) ownership, designed and built as a group of individual dwelling units, in which units may touch by virtue of common or party walls, floors, ceilings and hallways, and which contains three (3) or more dwelling units per building. Each building that is separated by another building by virtue of a firewall or fire separation assembly, and has its own address, shall be considered a separate building. When a condominium association, homeowners' association or other legal entity has the charge, care or control of any common area which serves, in whole or in part, one (1) or more multiple-family dwellings not owned by such condominium association, homeowners' association or other legal entity, then in that event such common area shall be deemed to be a multiple-family dwelling for purposes of this chapter. Owner: Any person who alone, jointly or severally with others has legal title to any single-family dwelling, single-family townhouse dwelling, condominium dwelling, or, multiple-family dwelling, or dwelling unit, with or without accompanying actual possession thereof; or who has charge, care or control of any single-family dwelling, single-family townhouse dwelling, condominium dwelling, or, multiple-family dwelling, or dwelling unit, as owner, or other person; or is an executor, administrator, trustee or guardian of the estate of the owner; is a mortgagee in possession, or is a senior officer or a trustee of the association of unit owners of a condominium or homeowners' association, or any person with an ownership interest whatsoever. Any person thus representing the owner shall be bound to comply with the provisions of this article and the rules and regulations pursuant thereto, to the same extent as if he were the owner. Owner shall also mean any condominium association, homeowners' association or other legal entity having the charge, care or control of any common area that serves in whole or in part one (1) or more multiple-family dwellings. Person: Any individual, firm, sole proprietor, association, partnership, corporation, trust or any other legal entity. Rent-to-own agreement: An agreement sometimes referred to as "articles for agreement for deed" or "contract for deed" wherein the owner of residential property agrees to transfer title to one (1) or more individuals in possession of the property, only after receiving multiple monthly installment payments and under which the one (1) or more individuals in possession have no vested ownership right, title, or interest, legal or equitable, in the premises until the deed is delivered to the one (1) or more individuals in possession. Rental property: For the purpose of this article: any single-family dwelling, any single-family townhouse dwelling, any condominium dwelling, any multiple-family dwelling, or dwelling unit that is offered for rent or lease, or which has previously been rented or leased by the current owner and not occupied by said owner, or is subject to a rent-to-own agreement such as an "articles of agreement for deed" or a "contract for deed," but not including a boarding house. Single-family dwelling: For the purpose of this article: a single residential building under one (1) ownership, designed and built as an individual dwelling unit. Single-family townhouse dwelling: For the purpose of this article: a single residential building under one (1) ownership, designed and built as an individual dwelling unit, in which separate units touch by virtue of common or party walls. Each building that has its own address shall be considered a separate building. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 55 of 123 ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] Sec. 9-302. License required. No person shall operate a rental property without having first obtained a license therefore from the city. Licenses shall be issued by the community development department in accordance with the provisions of this article. Once an owner has obtained a rental license for a dwelling unit, that unit will be deemed a rental property and an annual license will be required until such time as the owner of the property provides proof, to the satisfaction of the city, that he is legally residing in the dwelling unit, maintaining said unit at the domicile and physically inhabiting said unit, or that the property has been sold, or ownership has otherwise relinquished. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-303. License application. No such license shall be issued except upon written application filed with the community development department. A complete application for a license shall be filed not less than thirty (30) days prior to the issuance thereof. The legal titleholder to the rental property shall sign said application. Any person seeking to renew a license issued pursuant to this article shall file a completed application prior to the expiration of the currently valid license. Application forms may be obtained from the community development department and shall contain such information as the department may, from time to time, require, including, but not limited to: (1) Name, address, birth date, work and home telephone numbers of each owner of the rental property. When the owner is a land trust, the application shall include the name and address of each person(s) holding a beneficial interest and/or power of direction therein. (2) Name, address, birth date, work and twenty-four-hour emergency contact telephone numbers of any person appointed or serving as managing agent of the rental property. If the managing agent is other than a natural person, the above information shall also be provided for that employee of the managing agent specifically assigned to the rental dwelling. Said managing agent shall respond to any on-site emergency within sixty (60) minutes of notification by the city or other emergency services agency. (3) A copy of the written management agreement between the owner and the managing agent shall be attached to the application. If no written agreement exists, the owner and managing agent shall attach an executed statement setting forth the terms of the managing agent's authority to rent, manage, and make expenditures with respect to the rental property. (4) Name, address, work and home telephone numbers of the property manager(s) in charge of the maintenance of the rental property and its heating, cooling, plumbing and electrical systems. (5) Name, address, birth date, work and home telephone numbers of any person(s) (other than those listed pursuant to subsections (1), (2) and (4) of this section), if any, having authority to make any decision with respect to the management and/or maintenance of the rental property. Attached to the application shall be a statement of such person's authority to manage, lease and/or maintain the rental property. (6) If no managing agent has been appointed, hired or utilized, the name, address, birth date, work and home telephone numbers of an agent authorized by the owner to accept notices and process. (7) An irrevocable written consent by the owner, permitting the city and its inspectors to enter upon any and all portions of the licensed rental property, during reasonable hours, for purposes of making the inspections required and/or permitted under this article, including the right to inspect individual dwelling units, upon notice first being tendered to the unit dweller. Said irrevocable written consent for inspections shall be executed at the time of the issuance of a license as provided for herein, in a Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 56 of 123 ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] form substantially similar to appendix "A." Individual dwelling unit notice of inspection shall be secured in the following manner: The city shall serve written notice to the landlord of any inspection to be conducted by mailing such notice by first class mail at least seven (7) days in advance of the inspection. Such notice shall contain: i. a description of the property sufficient for identification; ii. the proposed date and time of the inspection; and iii. the contact information for the city. The landlord shall notify any tenants or other occupants of said unit regarding the inspection and shall provide the city with written verification of said tenant notification of the scheduled inspection. (8) An irrevocable written consent and agreement to pay any money owed by the applicant to the city for any purpose whatsoever and any outstanding, fees, costs or charges associated with the rental dwelling for which a license is sought, plus all enforcement costs provided for by section 9-317 of this article. Said irrevocable written consent shall be executed at the time of the issuance of a license as provided for herein, in a form substantially similar to appendix "B." (9) A copy of the most recent test results of annual testing of fire alarm and emergency lighting systems as required under subsection 9-310(4) of this article. (10) A copy of the deed to the rental property. (11) A statement that the applicant will not violate any of the ordinances of the city. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Editor's note(s)—Appendices "A" and "B" are not set out herein, but are on file with the city. Sec. 9-304. License term. Each license granted hereunder shall be an annual license, the term of which shall commence on January 1 of a given year and shall terminate on December 31 of the same year. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-305. License fees. (a) The annual required license fee for a rental shall include a base license fee as prescribed in appendix G of this Code plus, if applicable, any money owed by the applicant to the city for any purpose whatsoever and any outstanding fees, costs or charges associated with the rental dwelling for which a license is sought. Any partial payment shall first be applied to outstanding debt associated with either the applicant or with the rental property for which a license is sought. However, said base license fee may be reduced by ten (10) percent provided the license fee as described above is paid in full prior to December 1, and no other additional fees, costs, fines or charges exist. (b) If a completed license application is not submitted together with the annual required license fee prior to January 1 in any given year, the base license fee shall be increased by an additional twenty (20) percent on the first day of each subsequent month, until such time as a complete license application and the required license fee is paid. In the event that said application, along with the required license fee, is not filed as provided herein, said license shall, at the discretion of the city, not be issued. (c) If the ownership of a dwelling unit changes during the license year, a new license shall be required. No refund of any license fee paid shall be made and no license fee shall be prorated. The new owner shall comply with the terms set forth herein. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 57 of 123 ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] (d) Notwithstanding any provision contained hereunder to the contrary, no license shall be renewed until such time as all money owed by the applicant to the city for any purpose whatsoever, and all outstanding fees, costs or charges associated with the rental dwelling for which a license is sought have been paid. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016; Ord. No. 19-O-0033, § 2, 11-4- 2019) Sec. 9-306. Inspections. (a) Compliance required. Every rental property shall be owned, operated and maintained in full compliance with all applicable ordinances, codes and regulations of the city. (1) The first license applied for with respect to any rental property under this article shall not be issued to any owner for any rental property, in the event, at the time of application: a. An existing inspection report identifies any code violation which has not been corrected, and the time for correction of said violation as noted in such inspection report has expired; b. Litigation is pending with respect to code violations at such rental dwelling; or c. There remains either any money owed by the applicant to the city for any purpose whatsoever or there are outstanding fees, costs or charges associated with the rental dwelling for which the license is sought. (2) Thereafter, the managing agent or owner shall annually schedule and the city shall conduct annual inspections of rental properties according to section 9-306(b) during the license year to determine if said rental property is in full compliance with all applicable ordinances, codes and regulations of the city. Said inspection is specifically consented to by the managing agent or owner and renter by virtue of submitting said application. (b) Scope of inspections. Any inspections conducted pursuant to this section shall include the interior and exterior common areas and shall be limited to the detection of zoning, property maintenance and building code violations as well as conditions affecting the health, safety and welfare of the occupants. The inspection shall include the interior of the dwelling units according to the following schedule: (1) In single-family and townhouse buildings, the entire dwelling unit. (2) In buildings containing from two (2) to and including eight (8) dwelling units, the entire building. (3) In buildings containing from nine (9) to and including eighteen (18) dwelling units, a minimum of four (4) dwelling units in each building. (4) In buildings containing more than eighteen (18) dwelling units, a minimum of twenty (20) percent of the dwelling units in each building. (5) No dwelling unit having received an approved inspection as required by subsections (1), (2), (3), or (4) above shall receive another inspection until all dwelling units in the building or multi-family dwelling in which it is located have been inspected and comply with the Code. (c) Common areas classified as multiple-family dwellings. (1) Where any common area is served by a multiple-family dwelling, no multiple-family dwelling served in whole or in part by such common area shall be deemed to be in compliance with this article unless and until such common area is in full compliance with this article. (2) Where any multiple-family dwelling is served in whole or in part by any common area defined by this article as a multiple-family dwelling, no such common area shall be deemed to be in compliance with Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 58 of 123 ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] this article unless and until all multiple-family dwellings served in whole or in part by such common area are in full compliance with this article. (d) Exterior areas of single-family and townhouse dwellings. Where there exists an exterior area, yard, garage, and/or accessory structure under control and/or ownership by the owner of a single-family or townhouse dwelling, no single-family or townhouse dwelling served by such exterior area shall be deemed to be in compliance with this article unless and until such exterior area is in full compliance with this article. (e) Condominium common areas. Common exterior and interior areas of condominiums need not be inspected as required by this article. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-307. License transferability. A license issued pursuant to this article shall be valid with respect to one (1) specific rental property and may not be transferred to any other rental property or any other owner. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-308. License terminates upon sale. Notwithstanding any provision contained in this article to the contrary, a license issued pursuant to this article shall terminate upon the sale of the rental property described in such license and shall not be transferable. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-309. Inspection upon sale. (a) Inspection report required. No rental property shall be sold or title otherwise transferred unless the seller furnishes the buyer with a pre-sale/change-of-occupancy inspection report dated no later than the day of the closing on the sale of said rental property. Said report shall be based on an inspection of the dwelling unit, or units, and all interior and exterior common areas performed by the community development department. The report shall state that the rental property complies with all applicable ordinances, codes and regulations of the city or, in the alternative, list with specificity the manner in which the rental property does not comply with all applicable ordinances, codes and regulations. (b) Request for inspection. The request for a pre-sale/change-of-occupancy inspection must be made not less than sixty (60) days prior to the scheduled date of the closing. The fee for said inspection shall be the same as that established for permits issued pursuant to change of occupancy as prescribed in appendix G. (c) Violation. An inspection made pursuant to this section satisfies the annual inspection requirement of section 9-306 of this article. A sale for purposes of this section includes contract sales, exchanges, conversions to condominiums and transfers of possession or control of any rental property. Any person participating in such a sale in violation of this section, either as seller, buyer or by receipt of a sales commission, in connection therewith, shall be deemed in violation of this section and be subject to the penalties as provided for in this Code. Any contract executed in violation of this section shall be voidable by the buyer. Notwithstanding the foregoing, any seller shall be responsible for complying with each and every provision of this article. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 14-O-0020, § 2, 7-7-2014; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 59 of 123 ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] Sec. 9-310. Additional requirements. In addition to all other requirements set forth in this Code, the following additional requirements shall be applicable to rental property: (1) No owner or other person shall occupy or allow another person to occupy any dwelling or dwelling unit unless a rental license has been issued by the city and the rental unit is clean, safe, sanitary, fit for human occupancy and complies with all applicable ordinances, codes and regulations of the city. (2) Every owner shall maintain in a safe, clean and sanitary condition, the interior and exterior common areas. (3) The owner of any rental property shall be responsible for the removal of any and all abandoned vehicles located on the premises of said rental property. Such removal shall be accomplished within seven (7) days of receiving notice from the city. Such removals shall be accomplished as otherwise provided for in chapter 10, article IV of this Code. (4) The owner shall be responsible for the maintenance and annual testing of fire alarm and emergency lighting systems. These systems shall be tested by an approved service company and a written report provided. The owner shall retain all test results. (5) No owner shall permit the maximum occupancy of any dwelling unit to be exceeded. The maximum occupancy of any dwelling unit shall be as specified in chapter 7, article II of this Code. (6) In the event that the owner of a rental property resides more than thirty (30) miles outside the corporate limits of the city, the owner shall appoint a managing agent, authorized to receive notices and process on behalf of the owner, that: a. Has an office at the multiple-family dwelling with regular business hours; b. Lives at the multiple-family dwelling and has regular business hours thereat; c. Has an office or is otherwise available within the corporate limits of the city during regular business hours; or d. Has a residence or office no more than thirty (30) miles outside the corporate limits of the city. (7) Every owner, or managing agent, if one is required or otherwise appointed, shall have in its possession and immediately available for inspection or use by the city: a. Keys to all common-area locks at the rental property. b. Copies of all current leases and their respective applications. c. Copies of all lease applications for the past year. d. Copies of an emergency action plan showing details for providing assistance to affected residents as a result of fire, explosion or other event which renders any building or dwelling unit as uninhabitable. Said plan shall include, but not be limited to: 1. Resources available for providing immediate shelter for displaced residents, 2. Contact names and phone numbers for short term (one (1) to two (2) days) temporary housing, food and clothing for displaced residents, 3. Contact names and phone numbers for long term housing for displaced residents, 4. Emergency contact numbers for business providing emergency board-up services, and 5. Property owner policy for handling lease issues during long term displacement of residents. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 60 of 123 ===== PDF PAGE 67 ===== [Extraction: embedded PDF text] (8) If any clubhouse or recreation building or facility at a multiple-family dwelling is to be rented with or without consideration for an event attended by thirty-five (35) people or more, the owner shall be responsible for making sure a written application for such rental is completed stating the applicant's name, address, date of birth, home and work telephone numbers, reason for rental, if alcohol will be served or sold and the date, beginning time and ending time of rental. The owner is also responsible for making sure that proper security is provided as approved by the chief of police or his designated representative. If alcohol is to be present, the owner shall be responsible for compliance with all applicable codes and ordinances of the city relating to the sale and consumption of alcohol. (9) Every owner shall report to the community development department any change in the designation of any managing agent, at least seven (7) days prior to such change. (10) Any contract for the sale of a rental property shall be reported to the community development department and a copy of said contract shall be provided to the city within seven (7) days of the execution thereof. (11) Every rental property owner shall cause to be kept records itemizing all repairs, and alterations in excess of five hundred dollars ($500.00) per expenditure for a period of three (3) years after such expenditure. Upon request, such records shall be made available to the city during normal business hours upon request of the community development department. (12) No dwelling unit shall be rented without a written lease having been executed on behalf of the owner and the tenant. Each such lease shall contain the following provisions: a. The consent of the tenant to the inspections required or otherwise permitted under this article, upon the giving of tewnty-four-hour prior written notice posted on the door of each dwelling unit. b. An acknowledgment by the tenant that the city is entitled to go upon such property for the purpose of discontinuing water service on due notice, whenever the payments for service or usage are in arrears and whenever payment for refuse disposal service is in arrears. (13) No dwelling unit shall be rented without the owner having first obtained a written application containing or having attached thereto the following information from the tenant(s): a. Name, address, birth date, work and home telephone numbers of each applicant. b. A list of the current and all residences during the previous three (3) years, including addresses, name of landlord and reason for leaving. c. Name, address, birth date, work and home telephone numbers of all other persons who will be residing in the dwelling unit. d. Name, address and telephone number of nearest relative or friends (at least two (2) for emergency contact purposes). e. The make, model, color, year and current license plate numbers of all motor vehicles and recreational vehicles, including automobiles, boats, trailers, campers, motorcycles, etc., owned or used by the persons who will reside in the dwelling unit. f. A certification as to the correctness of the information being provided. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 61 of 123 ===== PDF PAGE 68 ===== [Extraction: embedded PDF text] Sec. 9-311. Reserved. Editor's note(s)—Ord. No. 16-O-0005, § 1(Exh. A), adopted Feb. 7, 2016, repealed § 9-311, which pertained to crime free multi-housing program seminar and derived from Ord. No. 11-O-0063, § 1, 11-7-2011. Sec. 9-312. Nuisance residential rental property—Defined. A property shall be classified as a nuisance residential rental property if: (1) The tenants or their guests, either invited or uninvited, incur three (3) or more documented incidents of nuisance activity, as specified in this Code, either on the rental property or within the city limits in a twelve-month period. Nuisance activity shall not include any incidents in which a tenant or guest, invited or uninvited: (A) contacts police or other emergency services, if: (i) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (iii) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability; (B) an incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; (C) criminal activity or a local ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest, or other party. Notwithstanding the foregoing, and in compliance with Illinois law, a perpetrator of the domestic violence, sexual violence, or other criminal activity may be considered a "nuisance" on the residential rental property subject to eviction or other penalty. (2) Any tenant commits vandalism on the property in which the tenant's dwelling unit is located, and/or permits vandalism to occur or shall violate any of the provisions of this article or any applicable ordinance, code or regulation of the city in the dwelling unit leased by the tenant. In such event, both landlord and tenant shall receive written notice of any alleged nuisance activity and an opportunity to challenge the validity of the authorized penalty. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-313. Inspections; violations; suspension and revocation of license. (a) Whenever, upon inspection of the licensed rental property, it is determined that conditions or practices exist which are in violation of the provisions of this article or any applicable ordinance, code or regulation of the city, or is classified as a nuisance residential rental property per section 9-312, the city shall serve the owner with a notice of violation. Such notice shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the owner shall be cited and its license may be suspended. Notice pursuant to this section may be sent by: (1) First class mail or by overnight or two-day commercial delivery service at the owner's last known address or if the owner is a business entity, at any address identified for its registered agent or at its principal place of business; (2) Personal service; (3) Posting upon the property that is the site of the alleged violation(s); or (4) Any other means permitted by law for service of civil summons. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 62 of 123 ===== PDF PAGE 69 ===== [Extraction: embedded PDF text] (b) At the end of the time allowed for correction of any violation cited, the rental property shall be re-inspected by the city, which inspection is specifically consented to by the owner. If it is determined that the conditions have not been corrected, or they are not in the process of being corrected to the satisfaction of the city, the city may suspend or revoke the license. In addition to any fine imposed by either an administrative law judge within his authority as defined in chapter 8 of this Code or by a court of competent jurisdiction, the following reinstatement fees shall be paid by the owner: (1) The first suspension of a rental license shall be a thirty-day suspension. Compliance and payment of a reinstatement fee of one hundred fifty dollars ($150.00) is required before reissuance of the license. (2) The second suspension of a license shall be for six (6) months. Compliance and payment of a reinstatement fee of five hundred dollars ($500.00) is required before reissuance of the license. (3) A rental license shall be revoked upon any subsequent violation; said revocation shall be permanent and the owner will no longer be issued a rental license for the property in question. (c) Any person whose license to operate a rental property has been suspended shall be given the opportunity to be heard by the city council in connection with the violations. Said person must submit his or her request to be heard in writing to the city and must explain in detail, the violations cited, why they have not been corrected, and a compliance time frame for completion. However, if no written request for hearing is received within twenty-one (21) days following the date the order of suspension is issued, the suspension shall remain as ordered. The city council, as a result of such hearing, may grant additional time, uphold the suspension, or may revoke the license. Prior to revocation any person whose license has been suspended may request a re-inspection upon a showing that the violation or violations cited in the notice have been corrected. (d) If, upon re-inspection, it is determined by the city that the violations cited in the notice have been corrected, the license shall be reinstated by the community development department. A request for re-inspection must be filed within the twenty-one-day time period for requesting a hearing, unless the official responsible for sending the violation notice so requests. (e) If the licensee is found guilty in a court-of-law of a violation of any provision of this article or any applicable ordinance, code or regulation in connection with the licensed rental property, then the license may be subject to revocation without further notice. (f) In the event a condition of extreme hazard to health or safety is found to exist, the city may immediately revoke the license. (g) Each day a rental property continues to operate after a license has been revoked shall constitute a separate violation of this article. (h) The first re-inspection provided for in subsection (b) of this section shall be without charge to the owner. Thereafter, each additional re-inspection shall be as prescribed in appendix G and shall be payable prior to such re-inspection. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-314. Consent to inspection; search warrants. (a) Each owner, by operating under a license issued pursuant to this article, irrevocably consents to inspections by the city entering any and all portions of the rental property subject to owner's license during reasonable hours, for purposes of making the inspections required and/or permitted pursuant to this article, including the right to inspect individual dwelling units, the scope of said inspection shall be for purposes of ensuring that no zoning or building code violations exist in the property. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 63 of 123 ===== PDF PAGE 70 ===== [Extraction: embedded PDF text] (b) Each lease entered into by an owner shall contain an irrevocable consent by the lessee granting unto the city the right to inspect for the limited purpose of determining if there are violations of the City Code. (c) Upon notice to the owner and tenant as provided for in section 9-303(7), owner and/or lessee shall provide access to such portions of the rental property, including dwelling units, which are otherwise inaccessible to city inspections. During any inspection of an inaccessible portion of the rental property, owner shall designate a representative to accompany the city inspector(s) during such inspection. (d) Despite the irrevocable consent to inspections provided by this section, in the event that an owner or lessee objects to any such inspection, then prior to making any such inspection or taking any further action, the city shall apply for an administrative search warrant to conduct such inspection. (e) An administrative warrant sought pursuant to this section shall be sought in a court of competent jurisdiction based on the existence of probable cause to believe that a violation of the article has occurred or is occurring. For the purposes of this section, probable cause is not the same standard as used in obtaining criminal search warrants. In addition to a showing of specific evidence of an existing violation, probable cause can be found upon a showing of facts justifying further inquiry, by inspection, to determine whether a violation of any local ordinance is occurring. This finding can be based upon the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue: (1) Eyewitness account of violations; (2) Citizen complaints; (3) Tenant complaints; (4) Plain view violations; (5) Violations apparent from city records; (6) Property deterioration; (7) Age of property; (8) Nature of alleged violations; (9) Nature of surrounding area; (10) Similar properties in the area; (11) Documented violation on similar properties in the area; (12) Passage of time since last inspection; (13) Previous violations on the property; (14) The inspection of the premises in question was to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection; (15) Previous inspections have shown violations of law and the present inspection is necessary to determine whether those violations have been abated; (16) Any other showing consistent with constitutional standards for probable cause in administrative inspections. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 64 of 123 ===== PDF PAGE 71 ===== [Extraction: embedded PDF text] Sec. 9-315. Owner liability for acts and omissions. Every act or omission of whatsoever nature constituting a violation of any provision of this article by any officer, director, trustee, employer, agent or managing agent of any owner shall be deemed to be the act of such owner and shall be punishable in the same manner as if such act or omission had been committed or omitted by owner personally. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-316. Nonrenewal of license. A license issued pursuant to this article shall not be renewed unless the applicant is otherwise in conformance with the provisions of this article, including the correction of existing code violations in accordance with the provisions of this article and all other provisions of this Code, and any money owed by the applicant to the city for any purpose whatsoever, and all outstanding, fees, costs or charges associated with the rental dwelling for which a license is sought have been paid. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-317. Enforcement costs. If any administrative law judge or court of competent jurisdiction finds that any licensee has violated any provision(s) of this Code, such court shall award to the city all of the city's costs allowed by law and related to the enforcement of this Code, including, but not limited to, court costs, attorney fees, city staff and consultant/contractor costs and administrative costs and, pursuant to 65 ILCS 5/1-2.1-8, all allowable fees and costs associated with the enforcement of any judgment rendered hereunder. In the event of any judgment or award, the administrative law judge or any other judge may, in their discretion require that any rent due and owing on the property be turned over to the city to satisfy any deficiency, delinquency, unpaid application fee, fees, costs, or charges to the city for any purpose whatsoever. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Sec. 9-318. Penalty. In addition to any and all penalties provided for in this article, any individual, firm, sole proprietor, association, partnership, corporation, trust or any other legal entity who shall violate any provision of this article shall be subject to the general penalty provisions as provided for in chapter 1, section 1-8 of this Code. (Ord. No. 11-O-0063, § 1, 11-7-2011; Ord. No. 16-O-0005, § 1(Exh. A), 2-7-2016) Secs. 9-319, 9-320. Reserved. ARTICLE XVI. DAY AND TEMPORARY LABOR AGENCIES9 9Editor's note(s)—Ord. No. 04-O-0099, § 1(15.1, Exh. A), adopted Sept. 7, 2004, set out provisions intended for use as Art. XV. At the city's instruction these provisions were included as Art. XVI, §§ 9-321—9-335. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 65 of 123 ===== PDF PAGE 72 ===== [Extraction: embedded PDF text] Sec. 9-321. Definitions. Whenever used in this article the following terms, as defined in the Day and Temporary Labor Services Act, 820 ILCS 175/1 et seq., shall have the following meanings: City means the City of West Chicago. Day or temporary laborer means a natural person who contracts for employment with a day and temporary labor service agency. Day and temporary labor means labor or employment that is occasional or irregular at which a person is employed for not longer than the time period required to complete the assignment for which the person was hired and where wage payments are made directly or indirectly by the day and temporary labor service agency or the third party employer for work undertaken by day or temporary laborers pursuant to a contract between the day and temporary labor service agency with the third party employer. "Day and temporary labor" does not include labor or employment of a professional or clerical nature. Day and temporary labor service agency means any person or entity engaged in the business of employing day or temporary laborers to provide services to or for any third party employer pursuant to a contract with the day and temporary labor service and the third party employer. Does not include professional and clerical agencies. A day and temporary labor agency that places in excess of fifty (50) percent of its workers in professional and clerical positions and assigns workers solely via telephone is hereby exempted from these regulations. Director means the director of administrative services or his designee who is responsible for enforcing these regulations. Third party employer means any person that contracts with a day and temporary labor service agency for the employment of day or temporary laborers. (Ord. No. 04-O-0099, § 1(15.1, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-322. License required. No person shall engage in the business of a day and temporary labor agency without first having obtained an annual license pursuant to this article issued by the city. (Ord. No. 04-O-0099, § 1(15.2, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-323. License application; contents. An application for a license under this article shall be made in writing to the director in accordance with such requirements as may be required by the director. The application shall contain: (1) The full name of the applicant; provide D/B/A name if applicable; (2) The business address and telephone number of the applicant; (3) The full name, residence address and telephone number of each beneficial owner of more than twenty-five (25) percent of the business; (4) The full name, residence address and telephone number of every officer, director, partner and manager of the applicant; (5) A description of the applicant's day and temporary labor agency business in any other jurisdiction, including name, address, location and disciplinary history; Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 66 of 123 ===== PDF PAGE 73 ===== [Extraction: embedded PDF text] (6) A copy of the applicant's license under the Illinois day and temporary labor services act; (7) The owner's Social Security number and birth date; (8) The State of Illinois IBT# and Federal Tax # (FEIN #); (9) Hours of operation; (10) The average daily number of day and temporary laborers at the agency. (11) The license fee specified in section 9-324 of this article; (12) Such other information as the director may require concerning the operation of the applicant's business. (Ord. No. 04-O-0099, § 1(15.3, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-324. Application and renewal fee. The application and renewal fee shall be as prescribed in Appendix G. (Ord. No. 04-O-0099, § 1(15.4, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-325. Eligibility for license. No applicant shall be eligible for a license under this article if the applicant or any of its officers, directors, partners, manager or owners: (1) Has been adjudicated guilty, or has admitted guilt of, or has been under any portion of a sentence for any crime involving moral turpitude or dishonesty within the past five (5) years prior to filing the application; or (2) Has been involved as owner, officer, director, partner or manager of any day and temporary labor agency whose license has been revoked, suspended or application denied within the past ten (10) years prior to filing the application; or (3) Is under the age of eighteen (18) years. For purposes of this section, an adjudication or admission of guilt may be in either civil or criminal proceedings, and in any jurisdiction. For purposes of subsection (2) of this section, "license" means any license, permit, certificate or other form of authorization given by any unit, officer or agency of any government for the operation of a day and temporary labor agency in any jurisdiction. (Ord. No. 04-O-0099, § 1(15.5, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-326. Application review and license issuance. (a) Upon receipt of an initial or renewal application, the director, or his authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise necessary to ensure the protection of the public health, safety and general welfare. An inspection of the premises of a day and temporary labor agency shall be conducted as part of the application review process. Any inspections of a premises of a day and temporary labor agency, either as part of the application process, or to otherwise determine compliance with the provisions of this article or other requirements of law shall be conducted. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 67 of 123 ===== PDF PAGE 74 ===== [Extraction: embedded PDF text] (b) If the director, or his authorized representative, finds the application, including the inspection of the premises, to be satisfactory, the director, or his authorized representative, shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required license to the applicant. (c) The license shall show the name, address and FEIN # of the licensee, the date of issuance and the length of time the license shall be in effect. A record of all licenses issued pursuant to this article shall be maintained by the city. (d) A license will not be issued sooner than seven (7) days following receipt of the application and fee. Notice shall be mailed to the applicant at the address shown on the application form. Failure of the city to issue a license within thirty (30) days from the date of submission of the application shall be deemed a denial. (e) A copy of the city license shall be posted in the facility in a location visible to the public. (Ord. No. 04-O-0099, § 1(15.6, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-327. Denial of license. (a) Upon the director's review of the application, the director may refuse to issue a license to the applicant under this article for any of the following reasons: (1) An investigation reveals the applicant falsified or omitted information on the application; (2) The applicant is ineligible for a license pursuant to section 9-325 of this article; (3) The applicant does not meet the requirements of other city ordinances or other applicable requirements of law; or (4) In the case of any annual renewal, the applicant has been denied a license under this article within the immediate past year, unless the applicant demonstrates to the satisfaction of the director the reasons for such earlier denial no longer exist or have been corrected. (b) The director's denial, and the reasons for denial, shall be noted on the application, and the applicant shall be notified that his application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. (Ord. No. 04-O-0099, § 1(15.7, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-328. Annual license; termination date. Licenses issued pursuant to this article shall be an annual license and shall expire on December 31 of each year; the fee for said license is included in section 9-324. Licenses shall be renewed January 1 of each year and payment must be received by December 31 of the prior year; licenses not renewed by December 31 of any year shall be subject to a late fee in the amount of two (2) times the fee included in section 9-324. (Ord. No. 04-O-0099, § 1(15.8, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-329. Operating standards. (a) The waiting area at a day and temporary labor agency where day or temporary laborers await referral or transportation to a third party employer, must provide toilet facilities within its place of business to accommodate the needs of day or temporary laborers using the agency, which facilities shall be handicapped accessible. The day and temporary labor agency may not charge a day or temporary laborer for the use of toilet facilities. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 68 of 123 ===== PDF PAGE 75 ===== [Extraction: embedded PDF text] (b) The temperature in the waiting area at a day and temporary labor agency where day or temporary laborers await referral or transportation to a third party employer shall not differ from the temperature of the area reserved for the agency's manager or other non-day or temporary labor employees, by more than three (3) degrees Fahrenheit. (c) An occupancy card indicating the permitted capacity of the waiting area of the day and temporary labor agency where day or temporary laborers await referral or transportation to a third party employer shall be obtained and posted in a conspicuous location. Benches, chairs or a combination of benches and chairs shall be provided for the number of persons indicated on the occupancy card. (d) All day and temporary labor agencies shall: (1) Acquire and maintain liability insurance for the building and any surrounding area owned or leased by the day and temporary labor agency in the minimum amount of one hundred thousand dollars ($100,000.00) combined single limit for bodily injury, wrongful death, or property from any one (1) occurrence. Proof of workers; compensation insurance shall be provided. (2) Not allow or permit disorderly conduct, loitering around the exterior of the facility for longer than thirty (30) minutes, or the possession or consumption of alcoholic beverages in its building or in the surrounding area owned or leased by the day or temporary labor agency. (3) Post permanent signs at the inside of each entrance to the day and temporary labor agency containing: a. In letters and numbers not less than two (2) inches in height, the days of operation and hours of operation of the day and temporary labor agency. b. In letters not less than three (3) inches in height, the words "NO DISORDERLY CONDUCT, POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES ALLOWED ON THESE PREMISES." (4) Provide a minimum of two (2) trash receptacles of at least thirty (30) gallons in capacity for the day and temporary labor agency's outdoor area, if the day and temporary labor agency owns or leases outdoor areas surrounding the building from which it operates. (5) Based upon past experience of unwanted behavior and at the sole discretion of the chief of police, a day or temporary labor agency shall install and maintain, in proper working order at all times, a video surveillance system designed to monitor the day and temporary labor agency from at least two (2) different locations on the site. In conjunction with this video surveillance requirement, a day and temporary labor agency shall post signs at each entrance to its facility stating that the property is under video surveillance. (6) Park all vehicles used by the day labor and temporary agency to transport day or temporary laborers from the agency's site to and/or from a third party employer in an area not visible from the public rights-of-way. (7) Provide a waiting room area for day and temporary laborers large enough to accommodate a permitted occupancy as determined by the building official, equal to twenty-five (25) percent of the average daily number of anticipated number of associates. (8) Provide parking spaces in conformance with the zoning regulations or to serve fifty (50) percent of the average daily number of anticipated associates. (e) A day and temporary labor agency shall pay a day or temporary laborer for each hour the laborer works, or for each hour for which the agency receives compensation from a third party employer in relation to that day or temporary laborer, whichever number of hours is greater. (f) All fees charged to day and temporary laborers by the agency shall be posted, in English and Spanish, in the waiting area for the public to view. No fees will be charged for such services as testing, training, orientation, or for any services provided at no charge by any governmental agency, including workers' compensation. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 69 of 123 ===== PDF PAGE 76 ===== [Extraction: embedded PDF text] (g) No day and temporary labor agency may require, as a condition of placing a day or temporary laborer with a third party employer, that the day or temporary laborer purchase or rent from the agency or from the third party employer any item of clothing or equipment, if the employee has in his possession substantially equivalent clothing or equipment. (h) At the time a day or temporary laborer applies for placement with a third party employer, a day and temporary labor agency must disclose the cost of each item of clothing or equipment required to be used by a day or temporary laborer in connection with that placement. The day and temporary labor agency may not charge a day or temporary laborer for any item of equipment or clothing that he or she returned to the agency in a timely manner and in good condition, normal wear and tear excepted. (i) A day and temporary labor agency is responsible for the conduct and performance of any person who transports a day or temporary laborer from the agency to a work site, unless the transporter is: 1) Pace or another component of the regional transportation authority; or 2) the day or temporary laborer providing his or her own transportation; or 3) is paid for by the day or temporary laborer for transportation in a vehicle not owned or operated by the day and temporary labor agency. Any day and temporary labor agency that provides transportation in vehicles owned or operated by the day and temporary labor agency is responsible for the safety of the day or temporary laborers during the period of transportation, must limit the occupancy of these vehicles to their allowable legal seating and comply with the State of Illinois. If the agency employs drivers pursuant to subsections 9-309 (c) and (d) above, a copy of each employee's drivers license shall be included as part of the application. The number of occupants of each vehicle used to transport day and temporary laborers shall not exceed the number of seatbelts provided. (j) A day and temporary labor agency or a third party employer shall charge no more than the actual cost to transport a day or temporary laborer to or from the designated work site; however, the total cost to each day or temporary laborer shall not exceed three (3) percent of the day or temporary laborer's daily wages. Any motor vehicle that is owned or operated by the day and temporary labor agency or a third party employer, or a contractor of either, which is used for the transportation of day or temporary laborers, shall have proof of financial responsibility as provided for in Article 8 of the Illinois Vehicle Code. (k) A day and temporary labor agency must post in a conspicuous location a sign in English and Spanish, describing the rights and obligations of the agency and day or temporary laborers. The content of the notice shall be determined by the director, but at a minimum the sign shall include language indicating that all allegations of illegal behavior shall be reported to the city, together with the phone number and mailing address of city hall. (l) In addition to the requirements above, any new or relocated day and temporary labor agency after October 1, 2004, cannot be located within five hundred (500) feet of a school, public library, public playground, house of worship, single-family residential zoning district, residential dwelling unit or an establishment with a liquor license. (Ord. No. 04-O-0099, § 1(15.9, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-330. Unfair employment practices. It is an unfair employment practice for any employment agency to fail to refuse to classify properly, accept applications and register for employment, refer for apprenticeship, or to otherwise discriminate against any person because of his race, color, religion, creed, sex, national origin, age, ancestry, sexual orientation, place of birth, or handicap, to accept from any person any job order, requisition or request for referral of applicants for employment or apprenticeship which makes, or has the effect of making race, color, religion, creed, sex, national origin, age, ancestry, place of birth, or handicap a condition of referral except for a bona fide occupational qualification. Any applicant found utilizing unfair labor practices shall result in a revocation of the license, as provided for herein. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 70 of 123 ===== PDF PAGE 77 ===== [Extraction: embedded PDF text] (Ord. No. 04-O-0099, § 1(15.10, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-331. Duty to retain records. A day and temporary labor agency shall create an accurate record of each transaction by which a day or temporary laborer was sent to a third party employer. The record shall include: (1) The name of the day or temporary laborer and date of the transaction; (2) The address of the day or temporary laborer; (3) The name, address and telephone number of the third party employer; (4) The name and title of the individual at the third party employer's place of business responsible for the transaction; (5) The type of work to be performed; (6) Any specific qualifications or attributes of a day or temporary laborer, requested by the third party employer; (7) The hourly rate of pay to the day or temporary laborer; (8) The number of hours worked by the day or temporary laborer; (9) Copies of federal and state W-4 forms, I-9 forms, and a record of employees' Social Security numbers. (10) Actual deductions from the day or temporary laborer's compensation made either by the third party employer or by the agency for the day or temporary laborer's transportation, food, equipment, withheld federal and state income tax, withheld Social Security and Medicare tax, and every other deduction. (11) Copies of all W-2's issued to employees at the end of the year. (12) Copies of quarterly Form 941 Payroll Tax Return filings. (13) The nature, brand and unit price of any equipment given to the day or temporary laborer and a listing of all fees, taxes or other items for which a deduction is taken from the laborer's pay. The day and temporary labor agency shall maintain all records under this section for a period of five (5) years from their creation. The records shall be open to inspection by the city during normal business hours. It is a violation of this section to make any false, inaccurate or incomplete entry into any record required by this section, or to delete required information from any such record. The record maintenance and retention obligations hereunder are in addition to any state or federal requirements. (Ord. No. 04-O-0099, § 1(15.11, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-332. Day or temporary laborer to receive work ticket. Upon request by a day or temporary laborer, a day and temporary labor agency shall provide to each day or temporary laborer a work ticket, signed by the manager of the agency. If the day or temporary laborer is placed with a third party employer, the ticket shall include the information described in subsections (1), (3), (7)—(10) of section 9-331, plus the time of day that the temporary laborer is dispatched to the third party employer and the time of return. (Ord. No. 04-O-0099, § 1(15.12, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 71 of 123 ===== PDF PAGE 78 ===== [Extraction: embedded PDF text] Sec. 9-333. License revocation. Any license issued under this article may be revoked or suspended by the director after notice and hearing, for any of the following reasons: (1) Fraud, misrepresentation, false statement or any material omission contained in the application for a license; (2) Fraud, misrepresentation or false statement made by the licensee in the course of conducting the business of a day and temporary labor agency; (3) Conducting the business of a day and temporary labor agency contrary to the provisions of this article or other requirements of law; (4) Failure to carry the proper and/or current insurance; (5) Conviction of the licensee or any of its owners, officers, partners or managers for any crime involving moral turpitude or dishonesty; or (6) Commission of an unfair labor practice. (Ord. No. 04-O-0099, § 1(15.13, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-334. Notice and hearing. Notice of a hearing for revocation or suspension of a license issued under this article shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the licensee at the address shown on the license application or at the last known address of the licensee. (Ord. No. 04-O-0099, § 1(15.14, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) Sec. 9-335. Penalty for violations. Any person who violates any portion of this article, including but not limited to operating without a license, shall be subject to a fine or fines as set forth in the general penalty section of the City Code,. Each day that a violation shall continue shall constitute a separate and distinct offense. Any licensee who violates any provision of this article shall also be subject to suspension or revocation of his license. (Ord. No. 04-O-0099, § 1(15.15, Exh. A), 9-7-2004; Ord. No. 11-O-0007, § 28, 5-16-2011) ARTICLE XVII. HOME KITCHEN AND COTTAGE FOOD OPERATIONS Sec. 9-336. Home kitchen and cottage food operations. (a) Definitions. For the purpose of this section, the definitions found in the Illinois Food Handling Regulation Enforcement Act at 410 ILCS 625 et seq. are hereby adopted by reference as if fully set forth herein. (b) Home kitchen and cottage food operations. Subject to all applicable city ordinances, the statutory provisions contained within the Illinois Food Handling Enforcement Act (the "Act") regarding home kitchen and cottage food operations, as now or hereafter amended [410 ILCS 625 et seq.] are hereby adopted by reference as if fully set forth herein allowing the direct sale of baked goods as described in the Act in West Chicago. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 72 of 123 ===== PDF PAGE 79 ===== [Extraction: embedded PDF text] (Ord. No. 17-O-0043, § 1, 12-4-2017) Secs. 9-337—9-399. Reserved. ARTICLE XVIII. MASSAGE ESTABLISHMENTS AND THERAPISTS10 Sec. 9-400. Definitions. (a) Adult business use. A business use as defined in the city's zoning ordinance, appendix A to this Code. (b) Compensation. Compensation means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. (c) License or massage establishment license. A massage license as provided in section 9-402(a). (d) Massage. "Massage" or "massage therapy" means a system of structured palpitation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the action possible by human hands. The purpose of the practice of massage, as licensed under the Massage Licensing Act, 225 ILCS 57/1 et seq., is to enhance the general health and well-being of the mind and body of the recipient. "Massage" does not include the diagnosis of a specific pathology. "Massage" does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined in this section. (e) Massage establishment. Any establishment having a source of income or compensation derived from the practice of massage defined in subsection (d), above, and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities described in subsection (d), above. (f) Massage therapist. Any individual who practices massage or massage therapy as defined herein for compensation. (g) Ordinance.Chapter 9, article XVIII, of this Code, commonly referred to as the massage ordinance, as from time to time amended. (h) Patron. Any person who receives a massage under such circumstances that it is reasonably expected that he or she will give compensation for it. (i) Director. The director of community development of the city, or the director's designee. (j) Transfer of ownership or control of a massage establishment. Any of the following: (1) The sale, lease, or sublease of the business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; 10Editor's note(s)—Ord. No. 4153, § 1, adopted June 7, 1999, deleted §§ 9-400—9-419 which pertained to massage parlors and was derived from Ord. No. 1381, § 1 adopted Aug. 21, 1978. Exhibit A attached to Ord. No. 4153, § 1, adopted June 7, 1999 was incorporated herein as set out, §§ 9-400—9-415. Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 73 of 123 ===== PDF PAGE 80 ===== [Extraction: embedded PDF text] (3) The establishment of a trust, gift, or other similar legal devise which transfers the ownership or control of the business, except for transfer by bequest or other operations of law upon the death of the person possessing the ownership or control; or (4) Any person not previously listed as an applicant pursuant to section 9-404 acquiring an ownership interest in the business of ten (10) percent or more. (k) Sex acts. Prostitution, sexual intercourse, sodomy, oral copulation, masturbation, bestiality, flagellation, kissing with an intent to arouse, or the fondling of the genitals, pubic area, anus or perineum of any person, and the vulva and breasts of a female. (l) Massage establishment personnel. The owners, employees, independent contractors, or agents of a massage establishment business or any other person, other than a patron, whose presence on the massage establishment premise is authorized or known to the owner, manager, or any employee thereof. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1A, 7-19-2004) Sec. 9-401. Administration. The director shall be responsible for the administration and interpretation of this article. (Ord. No. 4153, § 1, 6-7-99) Sec. 9-402. Licenses required. (a) City massage establishment license required. No person shall engage in the business of operating a massage establishment in the city without a valid and current license therefore issued by the city pursuant to the terms of this article. A separate license shall be required for each massage establishment location regardless of whether such multiple establishments are operated by the same person. (b) State massage license required. No individual shall practice massage or massage therapy for compensation whether as a massage establishment personnel or otherwise, without being duly licensed pursuant to the Massage Licensing Act 225 ILCS 57/1 et seq., unless exempted by Section 25 of that Act, 225 ILCS 57/25. No city massage permit shall be required for the practice of massage therapy within the city. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1B, 7-19-2004; Ord. No. 11- O-0007, § 29, 5-16-2011) Sec. 9-403. Exemptions. (a) No license or massage permit shall be required for any hospitals, nursing homes or medical clinics. (b) No license or massage permit shall be required for any barbershop or cosmetologist lawfully carrying on their respective businesses to the extent authorized under a valid license or certificate of registration issued by the state. Provided, this exemption is only intended to permit normal and customary barbershop or cosmetologist services which involve incidental physical contact, such as scalp rubs and facials, which would otherwise qualify as massage activities. This exemption is not intended, and does not permit, general massage activities as part of any barbershop or cosmetologist business beyond that authorized by the state license or certification. (c) Where massage services are actually performed on an out-call basis, including massage services performed at the patron's place of business or residence, a massage establishment license shall not be required. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1C, 7-19-2004) Created: 2025-08-27 12:15:10 [EST] (Supp. No. 145) Page 74 of 123 ===== PDF PAGE 81 ===== [Extraction: embedded PDF text] Sec. 9-404. Application for license or permit. (a) Application for a massage permit and massage establishment license shall be made in writing to the director, upon forms provided, and shall include the following: (1) The name (including any nicknames or aliases) and address, telephone number, or Social Security number, and age of the applicant, the registered agent of the applicant if the applicant is a corporation, and the general or managing partners, if the applicant is a partnership. (2) The location of the massage establishment. (3) For an applicant not licensed under the Massage Licensing Act, a complete statement of all convictions of the applicant as provided in this section. If the applicant is a corporation, such statement shall include applicant's officers, and directors thereof, and any stockholder or stockholders owning in the aggregate more than ten (10) percent of the stock of such corporation. If the applicant is a partnership, such statement shall include all general partners, and any limited partner owning more than ten (10) percent of the aggregate ownership interest in the limited partnership. For each officer, director, or stockholder or partner of the ten (10) percent or more of the aggregate stock or ownership interest who is not licensed under the Massage Licensing Act, such listings shall include the following: i. Any offense involving sexual misconduct with children or other sex offenses as defined in article 11 of the Criminal Code of 1961, as amended, within the past ten (10) years; ii. Any felony based upon conduct or in a massage business or activity, or in an adult business use or activity, within the past ten (10) years; iii. Any felony unrelated to conduct or in a massage business or activity, or in any adult business use or activity, but which felony involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including criminal sexual assault, within the past five (5) years; and/or, iv. Any misdemeanor or licensing ordinance violation based upon conduct or involvement in a massage business or activity, or in an adult business use or activity, within the past two (2) years. (4) A description of the proposed massage establishment, including the number of massage therapists, other activities or business conducted at the same location, and the physical facilities to be used. (5) A statement of whether the business will be conducted by a manager. In such case the manager's name, address, telephone number and age shall be provide, and, if not licensed under the Massage Licensing Act, a statement of any convictions as set forth under subsection (3) above. (6) A current certificate of inspection for the premises from the DuPage County Board of Health, if applicable. (7) The license fee as provided in section 9-408. (8) Business, occupation, or employment of the application for three (3) years immediately preceding the date of application. (b) In the event the applicant is made aware that any information or document submitted as part of this application process is inaccurate or incomplete, applicant shall immediately notify the city and provide appropriate corrections. Failure to accurately and completely provide, or as necessary update, required information may delay the processing of such application or result in its denial. (c) In addition to the requirements of subsection (a) above, applicants for a massage establishment license who are not licensed under the Massage Licensing Act shall submit their fingerprints to be used in completing the investigation. Such applicants are required to present themselves for fingerprints to be taken by the city's Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 75 of 123 ===== PDF PAGE 82 ===== [Extraction: embedded PDF text] police department as provided by the director. If the applicant is a corporation, fingerprints shall be required of all of the applicant's officers, directors, and any stockholder or stockholders owning in the aggregate more than ten (10) percent of the stock of such corporation who are not licensed under the Massage Licensing Act. If the applicant is a partnership, fingerprints shall be required of all general partners, and any limited partners owning more than ten (10) percent of the aggregate limited partners' interest in such partnership who are not licensed the Massage Licensing Act. If the applicant's business will be run by a manager, fingerprints shall be required of the manger if the manager is not licensed under the Massage Licensing Act. Applicant shall pay the fingerprint fee as provided in section 9-408 for each person required to submit fingerprints. In the case of a renewal application, fingerprints and the fingerprint fee shall not be required from a renewal applicant whose fingerprints are on file. (d) Additionally, all persons required by the preceding paragraph to be fingerprinted shall provide two (2) passport size photographs (1 inch by 1.5 inches) of the head and shoulders area (face forward) shall be provided to be used in the investigation of the applicant. Provide, in the case of renewal application, the director may waive the requirement for new photographs if the applicant has photographs on file. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1D, 7-19-2004) Sec. 9-405. Processing of application. (a) An application shall not be considered proper or filed until all information and material required of the applicant pursuant to section 9-404(a) and/or 9-404(b) has been submitted. (b) Upon receipt of a proper application, the director shall investigate the information contained in the application and shall determine whether the applicant and premises designated, if applicable, are in full compliance with all applicable laws of the city. (c) The investigation, including any required inspections and background checks, shall be completed within twenty (20) business days after receipt of a proper application. Provided, the director may extend this investigation period an additional period, not to exceed an additional ten business days, upon a finding that such additional period is needed to properly complete the investigation. Provided, whenever such an extension period is invoked, notice shall be provided to the applicant along with specific reasons for such extension. (d) If, within ten (10) business days following completion of the investigation, the director determines that the applicant and premises are in compliance with the applicable ordinances of the city, the director shall issue the license. (e) If, within ten (10) business days following completion of the investigation, the director determines that the applicant or premises are not in compliance with the applicable ordinances of the city, the director shall notify the applicant in writing that its license has been denied, setting forth the reasons therefore, and advising the applicant of his or her right to appeal pursuant to section 9-415. Unless a timely appeal is filed as provide in section 9-415, such denial shall be final and effective on the eleventh day following receipt of the notice by the applicant. The fee paid by the applicant pursuant to section 9-408(a) shall be returned, less fifty dollars ($50.00), which will be retained as a processing fee. Any fees paid by the applicant pursuant to section 9-408(b) and 9-408(c) shall be retained as a processing fee. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004) Sec. 9-406. Limitation on issuance of license or permit. (a) No massage permit or massage establishment license shall be issued or renewed as follows: Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 76 of 123 ===== PDF PAGE 83 ===== [Extraction: embedded PDF text] (1) To an applicant who has been convicted of the following offenses: i. Any offense involving sexual misconduct with children or other sex offenses as defined in article 11 of the Criminal Code of 1961, as amended, within the past ten (10) years; ii. Any felony based upon conduct or in a massage business or activity, or in an adult business use or activity, within the past ten (10) years; iii. Any felony unrelated to conduct or in a massage business or activity, or in any adult business use or activity, but which felony involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including criminal sexual assault, within the past five (5) years; and/or, iv. Any misdemeanor or licensing ordinance violation based upon conduct or involvement in a massage business or activity, or in an adult business use or activity, within the past two (2) years. (2) To an applicant whose massage permit or massage establishment license issued under this article has been revoked or whose massage license issued under the Massage Licensing Act has been revoked or suspended. (3) To an applicant who at the time of application for renewal of any permit or license issued hereunder would not be eligible for such license or permit upon a first application. (4) To an applicant under the age of eighteen (18). (5) To an applicant where grounds for revocation exists as provided under section 9-412(b). (b) In addition to the provisions in subsection (a), above, no massage permit or massage establishment license shall be issued or renewed as follows: (1) To a partnership, if any general partner thereof, or any limited partner owning more than twenty (20) percent of the aggregate limited partner interest in such partnership would not be eligible to receive massage permit or massage establishment license hereunder. (2) To a corporation, if any officer or director, or any stockholder or stockholders owning in the aggregate more than ten (10) percent of the stock of such corporation, would not be eligible to receive a massage permit or massage license hereunder. (3) To a corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the "Business Corporation Act of 1983" to transact business in Illinois. (4) To an applicant whose place of business in conducted by a manager unless the manager is holds a massage permit from the city or is licensed under the Massage Licensing Act. (5) To an applicant who is not a beneficial owner of the business to be operated by the licensee. (c) In addition to the provisions in subsection (a), above, no massage permit shall be issued or renewed unless the applicant establishes that he or she has received training and/or is certified by an institution or nationally recognized professional association which teaches theory and method of massage as follows: (1) The applicant has graduated from a five hundred-hour massage therapy school approved by the American Massage Therapy Association Commission on Accreditation and Training and/or approved by the Illinois State Board of Education; (2) The applicant has achieved active membership status within the American Massage Therapy Association or a professional organization with standards comparable to the American Massage Therapy Association, with mandated continuing education requirements and written code of ethics; or (3) The applicant has achieved a state license from a state, which regulates massage therapy by means of a written examination. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 77 of 123 ===== PDF PAGE 84 ===== [Extraction: embedded PDF text] (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1E, 7-19-2004) Sec. 9-407. Premises restrictions. (a) No massage establishment shall be located in any premises in which an adult business use is located. (b) No massage establishment shall be located in any premises for which a license to sell alcoholic liquor has been issued. (c) Adequate toilets and sink facilities shall be provided in each massage establishment. (d) The massage establishment premises shall be in compliance with applicable codes and ordinances of the city, including but not limited to, zoning, building and life safety codes. (e) When any massage permit or massage establishment license hereunder shall have been revoked for cause, no such permit or license shall be granted to any person for the period of one (1) year thereafter for the conduct of a massage establishment in the premises described in the revoked license. Where such permit or license is revoked due to delinquency in the payment of taxes pursuant to section 9-412(b)[7], the restriction on issuance of a subsequent license provided under this subsection (e) shall not apply. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1F, 7-19-2004) Sec. 9-408. Fees. The annual fee for a massage establishment license shall be as prescribed in Appendix G. All fees shall be non-refundable and shall not be prorated. In addition, a fingerprint fee, as prescribed in Appendix G, shall be paid for each person required to submit fingerprints under this article. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1G, 7-19-2004; Ord. No. 11- O-0007, § 30, 5-16-2011) Sec. 9-409. General regulations. The following regulations shall be applicable to all massage establishments in the city: (1) All massage establishment personnel must wear clean, nontransparent outer garments covering the sexual and genital areas and the buttocks. The term "sexual and genital areas" means the genitals, pubic area, anus or perineum of any person, and the vulva and breasts of a female. (2) The sexual and genital areas of patrons must be covered by towels, cloths or undergarments when in the presence of massage establishment personnel. (3) No massage establishment personnel shall knowingly commit any sex act on another person while on the massage establishment premises. (4) No massage establishment personnel shall perform, offer or agree to perform any act which would require the touching of a patron's genital or sexual area. (5) No massage establishment personnel shall administer a massage to any part of a patron's body which exhibits any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly license by the state certifies in writing that such persons may be safely massaged, any prescribing the conditions, if any thereof. (6) All oils, lotions and other preparations used in the practice of massage shall be uncontaminated and kept in clean, closed containers. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 78 of 123 ===== PDF PAGE 85 ===== [Extraction: embedded PDF text] (7) The occurrence of any event which would render the holder of massage establishment license unqualified for issuance of such license or permit under this article shall be grounds for revocation or suspension of the existing license issued hereunder. (8) A massage permit or massage establishment license issued under this article shall be displayed in a conspicuous location within the customer area of a licensed establishment. (9) At all times during the hours of operation of a massage establishment there shall be present a manager or other employee of the licensee who shall not be less than eighteen (18) years of age. (10) Every portion of each massage establishment, including all appliances, fixtures, equipment, instruments and other facilities and materials, shall be maintained in good repair and in clean and sanitary condition at all times. Each massage establishment shall provide an adequate supply of clean, laundered towels and sheets. All appliances, fixtures, and facilities and not disposable equipment, instruments and materials shall be disinfected and/or laundered after each use. Nondisposable equipment, instruments and materials shall be kept in adequate receptacles, segregated from all clean equipment, instruments and materials, until the same has bee disinfected and/or laundered. (11) No massage establishment licensee under the provision of this article shall knowingly permit any person who commits any act of public indecency or obscenity as provide in sections 11-91 and 11-92 of this Code to remain in or upon licensed premises. (12) No massage establishment licensee shall employ any person as a massage therapist or permit any person to administer massages unless said person is holds a valid massage permit from the city or is duly licensed under the Massage Licensing Act or exempted therefrom as provided in Section 25 of the Act. A person hold a massage establishment license shall not violate the conditions and regulations set forth in this section, or suffer or permit noncompliance with such conditions and regulations within any license premises. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1H, 7-19-2004) Sec. 9-410. Relocations, transfers and changes in ownership of licensees. (a) Any massage permit or massage establishment license issued pursuant to this article shall be applicable only to the specific permittee or licensee and, in the case of the a massage establishment license, only for the location designated, and may not be sold, transferred, or otherwise assigned. (b) Relocation of a licensed massage establishment, or transfer in the ownership or control of a massage establishment, shall automatically terminate the license. A new application shall be filed and processed as provided in this article, and a new license must be issued, prior to such relocation or transfer. Any relocation or transfer in the ownership or control of a massage establishment in violation of this section shall constitute operation of such business without a license. (c) Notice shall be provided prior to any change of the designated manager conducting business for the massage establishment licensee. The new manager must be qualified to operate the massage establishment as provided in this article. The licensee shall, not less than ten (10) business days before such change is to take effect, give the director written notice of such change. The notice shall include any information concerning the new manage, which is required in section 9-404 of this article. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1I, 7-19-2004) Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 79 of 123 ===== PDF PAGE 86 ===== [Extraction: embedded PDF text] Sec. 9-411. Term of licenses and permits. Each massage permit and establishment license shall terminate on the thirty-first day of December next following its issuance, unless such permit or license is sooner revoked in the manner provided under this article. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1J, 7-19-2004) Sec. 9-412. Suspension or revocation of license or permit. (a) The director shall suspend a massage permit or massage establishment license for a period not to exceed thirty (30) days if the director determines that the permittee or licensee has violated or is not in compliance with section 9-409 of this article. (b) The director shall revoke such permit or license if the director determines that: (1) A permittee or licensee has violated or is not in compliance with section 9-409 of this article and the permit or license has been suspended within the preceding twenty-four (24) months. (2) A permittee or licensee has violated or is not in compliance with section 9-406 of this article, including any permittee or licensee who has been convicted of the offenses identified in section 9-406(a)(1) of this article. The fact that a conviction is being appealed shall have no effect on the revocation of the permit or license. (3) A permittee, licensee, or a licensee's agent gave false or misleading information in the material submitted to the director during the application process. (4) A permittee, licensee, or massage establishment personnel has knowingly allowed a sex act to occur on the massage establishment premises. (5) A permittee, licensee, or massage establishment personnel knowingly conducted massage activities on the massage establishment premises during a period of time when the licensee's license was suspended. (6) On two (2) or more occasions within a twenty-four-month period, a person or persons committed an offense as listed in section 9-406(a)(1), which substantially occurred in or on a licensed premises, and for which a conviction has been obtained, and the person or persons were massage establishment personnel at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the license. (7) A permittee or licensee is delinquent in payment of ad valorem taxes or sales taxes related to the massage establishment. (c) When the director revokes a permit or license for a reason other than delinquency in the payment of taxes as provided in subsection (b)[7], the revocation shall continue for one (1) year and the permittee or licensee shall not be issued a permit or license for one (1) year from the date revocation became effective. If, subsequent to revocation, the director finds that the basis for the revocation has been corrected or abated, an applicant may be granted a permit or license if at least ninety (90) days have elapsed since the date the revocation be came effective. (d) If the director determines that cause may exist for the suspension or revocation of a permit or license, the director shall notify the permittee or licensee in writing that the permit or license will be revoked or suspended, setting forth the reasons therefore, and advising the applicant of his or her right to appeal pursuant to section 9-415. Unless a timely appeal is filed as provided in section 9-415, such revocation shall be final and effective on the eleventh business day following receipt of the notice by the applicant. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 80 of 123 ===== PDF PAGE 87 ===== [Extraction: embedded PDF text] (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1K, 7-19-2004) Sec. 9-413. Processing of application. The provisions of this article shall apply to all current practitioners of massage therapy and existing massage establishments within the city. Such application for current practitioners or existing businesses shall be processed as provide herein according to the applicants meeting all requirements for issuance of a permit or license as provided herein. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1L, 7-19-2004) Sec. 9-414. Renewal of licenses and permits. (a) Application for renewal of a massage permit or massage establishment license shall be made in writing to the director, on forms provide by the city. As a part of such application the applicant shall provide the same information required for a new permit or license, as set forth in section 9-404, provided, however, if the information previously provide remains true and valid, an application may submit a certification as to such information in lieu of a full submittal. An application for renewal shall be processed as provided in section 9- 405. An application for renewal should be made not less that forty-five (45) business days prior to the expiration of the permit or license. An application for renewal made less than forty-five (45) business days prior to the expiration date shall not extend the expiration date. (b) When the director denies renewal of a permit or license, the applicant shall not be issued a permit or license for one (1) year from the date of denial. Provided, if subsequent to denial the director finds that the basis for denial of the renewal permit or license has been corrected or abated, the applicant may be granted a license. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1M, 7-19-2004) Sec. 9-415. Appeal. (a) Any applicant, permittee, or licensee who receive a notice of denial, revocation or suspension, may file an appeal with the city administrator as provide herein. Such appeal shall be filed with the city administrator, in writing, no later than ten (10) business days following receipt of the notice, and shall include a response to the director's notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the director's notice and hall set forth the reason(s) that the permit or license should not be denied, revoked or suspended. An appeal of an order of the director suspending or revoking a permit or license shall stay such suspension or revocation pending final order of the city administrator as provided in this section. (b) The city administrator shall schedule an informal public hearing not later than ten (10) business days following receipt of such appeal. The purpose of the hearing will be to offer the applicant, permittee, or licensee an opportunity to show cause why the application should not be denied, or why the permit or license should not be suspended or revoked. A record shall be made of the informal public hearing and documents may be submitted and/or testimony give, either in person or through sworn affidavit. This record may be made by electronic recording. The city administrator shall have the power to administer oaths and to continue the hearing from time to time to permit the applicant to provide additional information. Provided, the city administrator may designate a hearing officer to schedule, convene and conduct the public hearing. In such case, the hearing officer shall have the same powers as the city administrator to administer oaths and to continue the hearing from time to time to allow the applicant, permittee, or licensee to provide additional information. Where such designation has been made, the hearing officer shall submit proposed findings and recommendations to the city administrator within twenty-one (21) days of the close of the hearing. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 81 of 123 ===== PDF PAGE 88 ===== [Extraction: embedded PDF text] (c) Within twenty-eight (28) days after close of the hearing set forth in subsection (b), the city administrator shall make written findings of fact and issue an appropriate order. A copy of such order shall be promptly served upon the applicant, permittee, or licensee. If the city administrator determines that the permit or license should be revoked or suspended, the suspension or revocation shall take effect immediately upon receipt unless otherwise specified. The decision of the city administrator with respect to the permit or license or application shall be final. (Ord. No. 4153, § 1, 6-7-99; Ord. No. 04-O-0050, § 1, 5-17-2004; Ord. No. 04-O-0075, § 1N, 7-19-2004) Secs. 9-416—9-500. Reserved. ARTICLE XIX. SPECIAL EVENTS11 Sec. 9-501. Special events policy established. The city council shall adopt, by resolution, a special events policy which shall contain such terms, conditions, and restrictions as the city deems appropriate governing the approval and conduct of special events. (Ord. No. 10-O-0101, § 3, 12-6-2010) Sec. 9-502. Special events—Approval required, compliance with policy. It is unlawful for any person to conduct a special event within the city, unless approval therefore has first been obtained in accordance with and as provided for in the special events policy, and for which a special events permit has been issued by the city administrator or his designee. It is further unlawful for any person to conduct a special event in violation of any provision of the special events policy. (Ord. No. 10-O-0101, § 3, 12-6-2010; Ord. No. 14-O-0001, § 1, 2-3-2014) Sec. 9-503. Violation—Penalty. Any person, firm or corporation who shall violate any provision of this chapter shall be subject to the general penalty provisions provided for in Chapter 1, section 1-8 of the Code of Ordinances of the city. (Ord. No. 10-O-0101, § 3, 12-6-2010) Secs. 9-504—9-549. Reserved. 11Editor's note(s)—Ord. No. 10-O101, § 3, adopted December 6, 2010, in effect repealed the former Art. XIX, §§ 9- 501—9-510, and enacted a new Art. XIX as set out herein. The former Art. X pertained to parades, processions, demonstrations, open-air meetings, mass gatherings and derived from Ord. No. 1472, adopted May 19, 1980 and Ord. No. 1641, adopted February 22, 1983. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 82 of 123 ===== PDF PAGE 89 ===== [Extraction: embedded PDF text] - CODE OF ORDINANCES Chapter 9 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE XX. POLICE TOWING LICENSE SYSTEM ARTICLE XX. POLICE TOWING LICENSE SYSTEM12 Sec. 9-550. Definitions. As used in this article, the following words and phrases shall have the following meanings: Abandoned vehicles: For the purposes of this article, an abandoned vehicle is any motor vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle upon public roads, or property that has not been moved or used for seven (7) consecutive days or more and is apparently deserted. Heavy duty: Involving vehicles, and vehicle combinations, twenty-six thousand and one pounds (26,001) GVWR/GCWR or heavier. Light duty: Involving vehicles up to, and including, ten thousand pounds (10,000) GVWR. Medium duty: Involving vehicles from ten thousand and one pounds (10,001) up to, and including, twenty-six thousand pounds (26,000) GVWR. Normal business hours: Licensee towing businesses shall have normal business hours of at least Monday through Friday 8:00 a.m. to 5:00 p.m., and 8:00 a.m. to noon on Saturday, except for official City of West Chicago holidays as set forth in the City Ordinances. Police tow: A tow requested by the West Chicago Police Department for: (1) Vehicles that are disabled where the person in charge of the vehicle has no preference for any particular tow service or is unable to make such decision. (2) City-owned vehicles. (3) Vehicles impounded by the West Chicago Police Department for evidentiary, investigative or seizure purposes, or arrests. (4) Abandoned vehicles that are towed pursuant to West Chicago Police Department procedures. (5) Illegally parked vehicles that pose a traffic hazard. Specifically excluded from this article is the moving by tow truck, of vehicles within, or from one (1) city lot to another for purposes related to auctioning or seizure. Police towing license: A license issued by the City of West Chicago authorizing a person or firm to engage in the business of vehicle towing at the request of the West Chicago Police Department. Police towing licensee: A person or firm engaged in the business of, or offering the services of, vehicle towing whereby motor vehicles are or may be towed or otherwise relocated from one (1) place to another, or serviced on scene, by use of a tow truck, and by request of the West Chicago Police Department and approved by the West Chicago Police Department. 12Editor's note(s)—Ord. No. 07-O-0045, § 1, adopted June 4, 2007, amended the former Art. XX, §§ 9-550—9-562, and enacted a new Art. XX as set out herein. The former Art. XX pertained to similar subject matter and derived from Ord. No. 06-O-0061, § 1, adopted July 6, 2006. West Chicago, Illinois, Code of Ordinances Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 83 of 123 ===== PDF PAGE 90 ===== [Extraction: embedded PDF text] Police towing licensee list: A list maintained by the West Chicago Police Department containing the names of those licensees approved by the chief of police to respond to requests by the West Chicago Police Department for the towing of vehicles. Stand by: When a licensee is called out and the tow driver is asked by police or fire personnel to wait at the scene before the tow driver can start the requested service. Tow driver: An agent that works for a licensee, driving or operating a tow truck, or working at the scene of a license call. Tow truck: As defined in the Illinois Vehicle Code, 625 ILCS 5/1-205.1, as amended. Unclaimed vehicle: Vehicles that have been towed by a licensee to their storage lot and have not been picked up or disposed of by their owner. Uprighting: Bringing a vehicle that is either overturned or on its side to the upright position to tow. Winching: Bringing a vehicle that is completely off of the road surface onto the road surface for the purpose of towing. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-551. Application for police towing license. Any person/business desiring to perform police towing work at the request of the West Chicago Police Department shall submit an "Application for Police Towing License" to the chief of police. Application forms may be obtained from the West Chicago Police Department. The tow license application period will be from October 1 to October 15 of each year, with the licenses issued for a period from January 1 to December 31. Each licensee applying must have a completed and correct application returned to the West Chicago Police Department by 3:00 p.m. October 15, or the next business day where October 15 falls on a weekend or holiday. There will be a maximum of four (4) police tow licenses for each list issued pursuant to section 9-553 herein. No person shall be approved as a licensee or a tow driver, nor shall any licensee knowingly permit such a person to be a tow driver pursuant to a license call who: (1) Has any felony conviction within the last five (5) years in any state; or (2) Is a sex offender, as defined in Illinois law, 730 ILCS 150/2, as amended; or (3) Has been convicted under the laws of Illinois or any other state of an offense that under the laws of the State of Illinois would be a felony theft of a vehicle or vehicle parts. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-552. Investigation and approval. By November 15 of each year, after receiving a complete application for a police towing license, the West Chicago Police Department will conduct an investigation to determine the truth and accuracy of the information contained in said application. The West Chicago Police Department may check to determine whether the location(s) meet applicable zoning and fire code requirements. The towing equipment and business may also be inspected. Upon completion of the investigation, the applicant will be notified in writing that the application is either approved or disapproved and if disapproved the notification will state the reasons for such disapproval. (1) Reasons for disapproval include, but not limited to, the following: Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 84 of 123 ===== PDF PAGE 91 ===== [Extraction: embedded PDF text] a. The applicant has furnished false or misleading information or has failed to provide relevant information on the application. b. The applicant has not obtained insurance as required by this article. c. The location(s) where the applicant will conduct business fail to meet applicable zoning and/or fire codes or the requirements of section 9-560 storage facility. d. The applicant or any of the owners/partners have been permanently removed from the police towing licensee list for cause pursuant to section 9-558 removal from police towing licensee list. e. The applicant does not meet all of the requirements of this article or the towing license agreement. (2) If an application is rejected for not meeting the qualifications set forth in the ordinance, except for subsection (1) above, the applicant can, within ten (10) days of being notified of disapproval, reapply after correcting the deficiencies. (3) Any applicant deemed ineligible by the chief of police will have the right to appeal the chief of police's decision to the city administrator, or his/her designee. Appeals must be made by filing a written notice of appeal with the city administrator or his/her designee within ten (10) days of notice of the chief of police's decision. The city administrator or his/her designee will hear the appeal within fourteen (14) days after the appeal is filed, unless otherwise agreed. The city administrator or his/her designee will notify the applicant of the decision within seven (7) days after the decision is made. The city administrator or his/her designee may affirm or overrule the chief of police's decision. The decision of the city administrator or his/her designee will be final. (4) After the investigation and approval process has been completed, a final eligibility list will be created for use in issuing police towing licenses. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-553. Tow license limit. The City of West Chicago will limit the number of police tow licenses that it issues to four (4) per list. (1) The three (3) lists are: a. Light duty b. Medium duty c. Heavy duty (2) Preference in issuing the licenses will be given to those companies that were issued a license in the last prior year, as long as they still meet the criteria for the issuance of a license set forth in section 9-555. Even if issued a police tow license the prior year, all persons/businesses wishing to retain such license must submit a renewal application pursuant to section 9-551 for the subsequent year. (3) After the deadline for submitting applications, an initial eligibility list will be created. The first names on the initial eligibility list will be those firms that held a license the previous year, as long as they have submitted a renewal application. The remainder of the initial eligibility list will be filled with the remaining applicants, through a drawing. (4) The final eligibility list will be used at the beginning of and throughout the term of the tow license year, in numeric order, for the issuance of licenses based on the investigation and approval pursuant to section 9-552, and with the aforementioned limit of four (4) licensees, per list. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 85 of 123 ===== PDF PAGE 92 ===== [Extraction: embedded PDF text] (5) The date, time, and location of the drawing will be announced at the time the application period begins. All interested parties will be allowed to attend the drawing. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-554. Insurance. (a) The licensee will obtain and maintain general liability, automobile liability, garage keeper's legal liability and worker's compensation insurance throughout the period of the agreement as determined by the City of West Chicago and provided for in the towing license agreement, attached hereto as Exhibit "A." (b) The city will be named as an additional insured by the licensee on each insurance policy. (c) The licensee will provide certificates of insurance to the city which indicate coverage under the above- mentioned insurance, which carries the provision that said insurance will not be cancelled without giving the city at least thirty (30) days' notice of cancellation or material change. (Ord. No. 07-O-0045, § 1, 6-4-2007) Editor's note(s)—It should be noted that Exhibit "A" referenced above is not set out at length herein, but is on file and available for inspection in the office of the city clerk. Sec. 9-555. Duties and requirements of licensee. (a) All applicants issued a license, and their agents, will enter into a towing license agreement with the city, with separate signatures for each licensee and agent. The written agreement will be in a form attached hereto and incorporated herein as Exhibit "A." (b) Each licensee will defend, indemnify and hold harmless the city, the city council, and city officers and employees, from any suits, claims, or actions brought, or disease, injury, illness or damages sustained or arising out of the operation of towing services and storage of vehicles and arising out of the performance of any requirement of this section by the licensee or in consequence thereof. (c) All tow trucks shall have working two-way communication equipment with their base station located at the point where calls are received. (d) All tow trucks (except flatbed car carriers) shall carry at least one (1) set of wheel dollies at all times. (e) All licensees shall be able to safely transport motorcycles. (f) Each licensee shall provide twenty-four-hour per day service each day of the year. There shall be an attendant or answering service on duty at all times for the purpose of receiving calls, and there shall be a person on call at all times for the purpose of releasing stored vehicles or for receiving vehicles. Prior to the release of a licensee-towed vehicle, the licensee shall contact the West Chicago Police Department's Records Section of the release of said vehicle. (g) All tow trucks shall be equipped with warning lights and all other equipment required by federal, state or city laws. (h) Licensees must immediately, and in writing, inform the West Chicago Police Department regarding any changes of information on their original application for police towing license. Failure to comply with this requirement may constitute grounds for removal from the police towing licensee list. (i) Licensees on the light-duty tow list must maintain at least two (2) operational tow trucks at all times. However, all tow operators either currently on the city's police towing license list or with a pending Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 86 of 123 ===== PDF PAGE 93 ===== [Extraction: embedded PDF text] application to be on said list that have only one (1) tow truck are exempt from this requirement until January 1, 2009. (j) Every licensee or tow driver shall remove or cause to be removed all glass and debris deposited on any street or highway by the vehicle being serviced. The licensee or tow driver shall also spread oil-dry upon that portion of any street or highway where any fluids have been deposited by the vehicle being serviced, unless the fire department has taken charge of the clean up, at which point the licensee will follow the instructions of fire department personnel regarding clean up. (k) While at the scene of any call for a license tow, every license tow driver will wear safety apparel compliant with the Class 2 or 3 standard of the International Safety Equipment Association standard: ANSI/ISEA 107- 2004 (as amended) Standard for high visibility safety apparel, as appropriate to the task being performed and the conditions present. (l) While at the scene of any call for a license tow, every license tow driver will wear outer apparel that clearly identifies the company for which they work and the tow driver's first name. The name of the tow driver shall be on the front of their apparel. This identification must be able to be read by a person with normal vision at a distance of at least ten (10) feet. This identification can be incorporated into the requirement for high visibility safety apparel. (m) No licensee or tow driver shall respond to a license call for service while having any alcohol, controlled substances, or both in their system. They shall also not have prescribed or over the counter medication in their system that renders them incapable of safely driving or operating the tow truck. (n) All licensees shall comply with section 9-560 storage facility. (o) Tow drivers are not allowed to be on duty for more than one (1) tow company at any one (1) time. (Ord. No. 07-O-0045, § 1, 6-4-2007) Editor's note(s)—It should be noted that Exhibit "A" referenced above is not set out at length herein, but is on file and available for inspection in the office of the city clerk. Sec. 9-556. Operation of police towing licensee lists. (a) The City of West Chicago Police Department will maintain three (3) police towing licensee lists as set forth in section 9-553, and will issue four (4) licenses per list. Licensees may be on more than one (1) list. (b) The West Chicago Police Department will ensure that licensees are called in rotation as fair as is reasonable and practicable. Except upon request of the owner, operator or person legitimately in possession of the vehicle to be serviced, the West Chicago Police Department will not call any tow truck not on the police towing licensee list unless all such licensees are unavailable. (c) The West Chicago Police Department may deviate from the order of normal rotation if, in the West Chicago Police Department's judgment, deviation is necessary to protect the public health, safety, and/or welfare or to ensure proper traffic, incident, or accident management. The West Chicago Police Department may also deviate from the order of normal rotation if the licensee next on rotation is, in the West Chicago Police Department's sole discretion and judgment, incapable or improperly equipped for handling a specific task. (d) If a licensee is unable to respond to a request for service within the time frame required in the towing license agreement, the licensee or their employee shall advise the West Chicago Police Department that they are not available because they require an extended response time. The licensee will then be placed at the bottom of the list. No substitute tow company or licensee will be allowed. The police telecommunicator will then call the next licensee on the list. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 87 of 123 ===== PDF PAGE 94 ===== [Extraction: embedded PDF text] (e) When a request for service is cancelled after being dispatched off the police towing licensee list, the licensee will be put back at the top of the list. (f) The city reserves the right to terminate or modify its license procedure unilaterally at any time without any notice and without recourse. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-557. License nontransferable. Any license granted pursuant to this chapter shall be personal to the individual or entity to whom issued and may not be transferred to any other person or entity. Such license shall not be sold, leased, transferred, assigned, or otherwise disposed of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws, or otherwise, without reapplication pursuant to section 9-551. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-558. Removal from police towing licensee list. (a) Removal of licensee. The chief of police, or designee, may remove any licensee temporarily or permanently when it is determined that: (1) The license was secured by fraud or concealment of a material fact, which if known would have caused disapproval of the application. (2) The licensee has violated any of the provisions of this article, or the West Chicago Police Department Towing License Agreement. (3) The service provided by the licensee has been substantially inadequate, which shall include, but not be limited to, failing to be available for or not accepting calls, slow response time, excessive damage claims, theft, repeated complaints from citizens, inadequate services or towing equipment. (4) During the term of the license, any licensee or a tow driver: a. Is convicted of any felony in any state; b. Is determined to be a sex offender, as defined in Illinois law, 730 ILCS 150/2, as amended; or c. Is convicted under the laws of Illinois or any other state of an offense that under the laws of the State of Illinois would be a felony theft of a vehicle or vehicle parts. (5) If the chief of police, or designee, determines that a licensee presents an immediate threat to the health, safety or welfare of the public, or if the licensee has not provided proof of valid insurance in the amounts required by ordinance, the chief of police shall provide the licensee with written notice that the licensee is being removed from the police towing licensee list immediately. Said written notice shall be delivered to the licensee's place of business on the first day the removal is effective, and shall state: (b) Temporary removal. If the removal of the licensee from the police towing licensee list is temporary, such temporary removal shall not be for more than thirty (30) days at any one (1) time. (Ord. No. 07-O-0045, § 1, 6-4-2007) Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 88 of 123 ===== PDF PAGE 95 ===== [Extraction: embedded PDF text] Sec. 9-559. Allowable fees. The fee structure shall be adjusted annually based on the U.S. Department of Labor, Consumer Price Index (CPI). This calculation will be done yearly at the time the application period starts. Each fee shall be calculated and adjusted separately. The calculation will be cumulative each year but adjustments to the fees contained herein will only be made in increments of five dollars ($5.00) and rounded up to the nearest five dollars ($5.00), except for mileage and accident clean-up fees which will be rounded up to the nearest one dollar ($1.00). Yearly adjusted rates, subsequent to 2011, will be contained within the West Chicago Police Department Towing License Agreement, without any need to amend the city code. No licensee shall impose any fee not specifically provided for below for any tow performed pursuant to a police towing license. (1) The following schedule of maximum fees shall be in effect for the year 2011, for all tows performed pursuant to the police towing license. Service Description Towing rates (conventional or flatbed tow truck):Price Light duty vehicle tow$140.00 Medium duty vehicle tow165.00 Heavy duty vehicle tow275.00 Service call (lockout, vehicle starting, tire changing, vehicle out of gas)65.00 Winching/up righting vehicle (in addition to the service call fee or applicable tow fee)65.00 Accident clean-up (all accidents)23.00 Clean-up of spilled cargo (per ¼ hour after first ¼ hour)23.00 After hours release (per occasion)55.00 Mileage: Within city limits or to the storage facility designated on the licensees' application:No charge Outside city limits when not going to the storage facility designated on the licensee's application: Light duty vehicles, per mile6.00 Medium duty vehicles, per mile7.00 Heavy duty vehicles, per mile8.00 Standby: (per ¼ hour, after the first ¼ hour on scene) Light duty tow, per truck20.00 Medium duty, per truck40.00 Heavy duty, per truck60.00 Storage: (per vehicle, no charge for first day) Light duty, per day25.00 Medium duty, per day35.00 Heavy duty, per day45.00 Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 89 of 123 ===== PDF PAGE 96 ===== [Extraction: embedded PDF text] (2) A copy of the completed invoice shall be provided to the West Chicago Police Department and the owner of the vehicle serviced. (3) The towing of city-owned light duty vehicles within city limits is performed at no charge to the city. (Ord. No. 07-O-0045, § 1, 6-4-2007; Ord. No. 11-O-0023, § 1, 5-2-2011) Sec. 9-560. Storage facility. (a) Each licensee shall maintain a secure storage lot of adequate size to store all towed vehicles safely, but in no event shall the capacity be smaller than twenty (20) vehicles. For the purpose of this section one (1) vehicle shall equal one hundred twenty (120) square feet (eight (8) feet by fifteen (15) feet). Said lot shall be completely enclosed by a fence not less than six (6) feet in height and shall have a lockable and securable gate. All storage facilities must meet applicable zoning and fire code requirements. A clearance of at least twenty-four (24) inches must be maintained around all vehicles in licensee's storage lot. (b) The licensee shall maintain an office at said storage lot that is staffed and open to the public during normal business hours. (c) The storage lot for light duty tows shall be located within the planning boundary of West Chicago or within five (5) miles of the city limits of West Chicago. (d) The storage lot for medium duty tows and heavy duty tows shall be located within the planning boundary of West Chicago or within fifteen (15) miles of the city limits of West Chicago. (e) When instructed by the West Chicago Police Department that a vehicle in storage must be secured from tampering, the operator shall store said vehicle so that it is not accessible to any person except upon specific approval of the West Chicago Police Department. The licensee will not allow anyone but West Chicago Police Department personnel to access the vehicle. This storage will be at the licensee's storage facility and can be within the fenced lot or within a building at the storage lot, at the discretion of the licensee. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-561. Inspections. The West Chicago Police Department may conduct an inspection of all licensees, upon reasonable notice to licensees. This inspection shall include the vehicles used by the licensee for license tows and service calls. It will also include the physical location of the business and any place where license vehicles are stored, all records associated with license calls, a check of employees for criminal and traffic records, and anything else related to the licensee as deemed appropriate. (Ord. No. 07-O-0045, § 1, 6-4-2007) Sec. 9-562. Violation and penalty. Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each offense. (Ord. No. 07-O-0045, § 1, 6-4-2007) Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 90 of 123 ===== PDF PAGE 97 ===== [Extraction: embedded PDF text] Secs. 9-563—9-649. Reserved. Editor's note(s)—Ord. No. 1558, § 1, adopted Dec. 21, 1981, repealed former §§ 9-600—9-605 which pertained to tow trucks and were derived from Ord. No. 1494, § 1, adopted Oct. 20, 1980. ARTICLE XXI. ALARMS13 Sec. 9-650. Definitions. Alarm system. Any burglar and/or holdup alarm system referred to in this article. Burglar alarm system. An alarm system signaling an entry or attempted entry into the area protected by the system. Burglar and holdup alarm business. Any business operated by a person for a profit, which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, serving or responding to a burglar or holdup alarm system, or which causes any of these activities to take place. Central station. Any premises, usually maintained by an alarm company, equipped to receive and displace signals from intruder alarm systems. Communicator panel. The device that receives alarm signals from subscribers whose lines terminate at the police dispatch point. Direct alarm. Any police alarm device running directly from a specific location to the police dispatch point, connected by leased telephone lines. False alarm. Activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm user or alarm user's employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual or attempted burglary or robbery exists. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the control of the alarm user, or any other cause clearly beyond the control of the alarm user will be considered in determining if an alarm activation was false and whether or not any occurrence, fine, warning or other punitive action will be taken against the alarm user as provided for by this article. Holdup alarm system. An alarm system signaling a robbery or attempted robbery. Indirect alarm. Any police alarm device running indirectly from a specific location to the police dispatch point through an alarm company's receiving location to the police dispatch point. The alarm may be connected to the police dispatch point by leased telephone lines or called in by the alarm company's receiving location personnel. Interconnect. To connect an alarm system to the voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system. Local alarm (audible type). These alarms sound audibly on the premises whether or not connected as a "direct" or "central station" alarm. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. 13Editor's note(s)—Ord. No. 17-O-0040, § 1, adopted Nov. 6, 2017, amended Art. XXI in its entirety to read as herein set out. Former Art. XXI, §§ 9-650—9-659, pertained to similar subject matter, and derived from Ord. No. 04-O-0010, § 1, adopted Mar. 1, 2004. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 91 of 123 ===== PDF PAGE 98 ===== [Extraction: embedded PDF text] Subscriber. A person who contracts for or receives service or maintenance with respect to any alarm system from an alarm business. (Ord. No. 17-O-0040, § 1, 11-6-2017) Sec. 9-651. Responsibility to answer alarms. (a) Generally. When an alarm has been activated at a business or private residence and the police respond, the owner or his representative shall be present at such location after being requested to do so by a representative of the West Chicago Police Department. Response shall be as soon as possible but should not exceed thirty (30) minutes from time of request. (b) Audible alarms. Every local alarm shall be constructed, equipped, and installed in such a fashion that the alarm shall be incapable of sounding for more than thirty (30) minutes following a single activation. The sounding of such audible alarm for a continuous period of more than thirty (30) minutes shall constitute a public nuisance. (Ord. No. 17-O-0040, § 1, 11-6-2017) Sec. 9-652. Interconnected alarm systems, regulations and standards. No automatic dialing service shall be interconnected to the police department or police dispatch unit. (Ord. No. 17-O-0040, § 1, 11-6-2017) Sec. 9-653. Transmission of excessive false alarms, grounds for revocation of permit. (a) Except due to factors beyond the control of the subscriber, it shall be unlawful for any person to transmit more than two (2) false alarms within any calendar year from any single alarm system. False alarms shall not include alarms activated by the following: (1) Attempted or actual criminal activity or forcible or unauthorized entry; (2) Structural damage to the protected premises due to earthquake, high winds, lightning or flooding caused by the overflow of natural drainage; (3) Telephone line malfunction; (4) Electrical service interruption; and (5) System malfunction within thirty (30) days of a new installation or modification of an existing system, provided that the chief of police has received prior notice of the work performed. (b) For the purpose of this section, factors within the "control of the subscriber" shall be defined as follows: (1) Any act or omission by a subscriber or his employee; (2) Faulty equipment; (3) Equipment not properly maintained or serviced. (Ord. No. 17-O-0040, § 1, 11-6-2017) Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 92 of 123 ===== PDF PAGE 99 ===== [Extraction: embedded PDF text] Sec. 9-654. Penalties. (a) False alarm response charges. When the West Chicago Police Department responds to false alarms received from the same premises more than two (2) times in a calendar year (January through December), the alarm user or subscriber shall pay the city the following amount within thirty (30) days after receiving billing notification. One through two (1—2) responses: Free. After the second alarm, each false alarm is one hundred dollars ($100.00). If payment is not received within the thirty-day period, as provided above, the charge for said response shall be increased to double the amount of the initial response charge. (b) Informal hearing. Each alarm user shall be entitled to an informal hearing with the chief of police or his designate for each false alarm in excess of two (2). At the informal hearing, the subscriber may offer evidence that the alarm activation for which he is charged was not under his control as stated in section 9- 653. The hearing must be requested, in writing, by certified or registered mail, directed to the Chief of the West Chicago Police Department, seven (7) days after the mailing of the statement of charges for the false alarm(s). Failure to timely request a hearing shall constitute an admission that the service charge is justified and payable to the city and shall further constitute an irrevocable waiver of such hearing. (Ord. No. 17-O-0040, § 1, 11-6-2017) Sec. 9-655. Municipal liability. The city and its officers, agents, employees or assignees shall not be liable for any defects in the equipment or operation of the alarm system or use of signaling systems. Nothing contained herein shall be construed as a warranty by the city that any system will work or that any equipment or services will be without defect. The city shall not be held liable for any damages, consequential or otherwise, for any claim or dispute arising out of or in connection with an alarm or signaling system. (Ord. No. 17-O-0040, § 1, 11-6-2017) Sec. 9-656. Severability. Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any other reason, the remainder of this article shall not be affected thereby and shall remain in full force and effect and the same shall not affect validity of the remaining portions of this article. (Ord. No. 17-O-0040, § 1, 11-6-2017) Secs. 9-657—9-664. Reserved. ARTICLE XXII. GAME ROOMS AND ARCADES Sec. 9-665. Definitions. The term "coin-operated amusement device" as used herein shall mean any machine or apparatus which, upon the insertion of the coin, slug, token, plate or disk, may be operated by the public generally for use as a Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 93 of 123 ===== PDF PAGE 100 ===== [Extraction: embedded PDF text] game, entertainment or amusement, whether or not registering a score. "Coin-operated amusement device" shall also include those machines or devices which may be activated by the attendant, operator, owner, or agent of the establishment through his own actions in exchange for consideration from the patron. "Coin-operated amusement devices" shall include, but are not limited to, devices such as skeeball, mechanical grab machines, billiards or pool tables, bowling games, foosball, air hockey, and all other games, operations or transaction similar thereto under whatever name they may be known. (Ord. No. 1569, § 1, 4-5-82; Ord. No. 1730, § 2, 5-7-84; Ord. No. 02-O-0125, § 3, 11-4-2002) Sec. 9-666. License required. (a) No person shall keep or display for operation or patronage by the public within the city any coin-operated amusement device without having first obtained a license therefore from the city as provided herein. (b) No person shall engage in the business of keeping or providing any coin-operated amusement device, as defined above for public use within the city without having first obtained necessary licenses from the city. For the purposes of this section, any person that keeps or provides not more than three (3) coin-operated amusement devices on a premises that is devoted to the conduct of another principal business shall be conclusively presumed not to be engaged in the principal business of keeping or providing coin-operated amusement devices for public use. (Ord. No. 1569, § 1, 4-5-82) Sec. 9-667. Application for license; investigation; issuance. (a) Applications for the licenses required as specified above shall be filed in triplicate with the city administrator for the hearing board and shall contain the following information: (1) If the applicant is a corporation: a. Corporate name, address, state of incorporation. b. Names, dates of birth and addresses of all corporate officers and directors. c. Statements of principal kinds of business in which the corporate engages. d. Statement of whether the local business will be conducted by a manager, and the name, address and title of any such manager or agent. e. Names, dates of birth and addresses of all persons, firms, and organizations owning of record five (5) percent or more of the corporation stock. f. Statement of whether an officer, manager, director or shareholder owning five (5) per cent or more of the stock of the corporation has ever been convicted of a felony or has ever forfeited an appearance bond on a felony charge. g. The location of the place of business and the place where the coin-operated amusement device or devices are to be kept or displayed. h. Statement of personal history of the manager or agent conducting business for the corporation. i. The names of all persons who while not associated with the corporation will be responsible for the maintenance and operation of the amusement devices. (2) If the applicant is an individual or partnership or other such entity: a. Name and address and date of birth of applicant. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 94 of 123 ===== PDF PAGE 101 ===== [Extraction: embedded PDF text] b. Location and place of business. c. Principal kind of business which the business is engaged in. d. Statement of whether business will be conducted by a manager or agent, and the name and address and date of birth of any such manager or agent. e. The place where the coin-operated amusement devices are to be displayed and a description of the devices. f. Statement of personal history of the manager or agent conducting business for applicant. g. Names and addresses of all owners of said individual partnership or other such entity. (b) The city clerk, chief of police, and the superintendent of building inspection and zoning control of the city shall investigate the information contained in the application, and shall determine if the premises designated by the applicant as the location of the business complies with the provisions of the zoning ordinance of the city. The report of such investigation and determination, together with a copy of the application, shall be transmitted to the mayor. Upon the compliance of the applicant with the requirements of this article and zoning ordinance of the city, the mayor and city collector shall issue the license and upon payment by the applicant of a license fee hereunder required, such license shall be issued. (Ord. No. 1569, § 1, 4-5-82) Sec. 9-668. License fees. The license fee shall be as prescribed in Appendix G. (Ord. No. 1569, § 1, 4-5-82; Ord. No. 02-O-0125, § 2, 11-4-2002; Ord. No. 11-O-0007, § 46, 5-16-2011) Sec. 9-669. Conditions and regulations; inspection of premises prior to issuance of license; violations; penalty. (a) In addition to any other condition or regulation contained in this article or in the statutes of the State of Illinois, the following conditions and regulations shall be applicable to and shall govern and control the business of keeping or providing coin-operated amusement devices for public use within the city: (1) The walls, ceiling or floor, or any combination thereof, of the structure or building, or portion thereof, containing such devices shall be insulated or otherwise constructed so that no noise or vibration that is detectable without the aid of any mechanical device or instrument will be allowed beyond the outer perimeter of the licensed premise. (2) No coin-operated amusement device shall be used for purposes of or in connection with the wagering of money, goods or merchandise upon the outcome of the use or manipulation of such device or otherwise used for purposes of gambling as defined in Chapter 38, Section 28-1, et seq., Illinois Revised Statutes. (3) No person under twelve (12) years of age shall be allowed on the licensed premises unless accompanied by a parent, guardian, or an adult member of the immediate family of such person. An adult for the purposes of this article shall be any person eighteen (18) years old or older. No person under twelve (12) years of age shall be allowed to operate any coin-operated amusement device unless accompanied by a parent, guardian or an adult member of the immediate family of such person. (4) At all times during the hours of operation of the licensed premises there shall be present a manager or other agent of the licensee who shall be not less than eighteen (18) years of age. This manager, agent Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 95 of 123 ===== PDF PAGE 102 ===== [Extraction: embedded PDF text] or authorized attendant shall have the responsibility to provide adequate control and supervision of the licensed premises and the use of the coin-operated amusement devices present therein. (5) No coin-operated amusement devices shall be associated with or based upon a game of gambling, including, but not limited to, electronic or mechanical games simulating or based upon card games, poker, blackjack, baccarat, twenty-one, roulette, or other such wagering type of game. (6) A licensee further covenants to the city by the acceptance of the license that each game mechanical or electronic in nature shall be structurally sound and electrically safe. Building codes must be complied with so that no fire hazard shall be resulting from the operation of said mechanical or electronic game. (7) The licensee further agrees to provide adequate fire protection facilities and devices including, but not limited to, fire extinguishers on the premises. (8) All premises where coin-operated amusement devices are housed shall be adequately lighted at all times during operation by natural or artificial light. (b) All premises where coin-operated amusement devices are housed shall be inspected by the building inspector and fire inspector prior to the issuance of a license. No license shall be issued until written certification has been supplied to the city that all electrical outlets and equipment serving the premises meet the current city building code requirements. Additionally, the premises where coin-operated amusement devices are housed shall meet all other city building and safety codes as applicable. (c) It shall be unlawful for any person licensed to engage in the business of keeping or providing coin-operated amusement devices for public use within the city to fail to comply with the conditions and regulations set forth herein or suffer or permit noncompliance with such conditions and regulations on or within the licensed premises. (d) Any person convicted of a violation of the conditions or regulations of this article shall be subjected to a fine not less than ten dollars ($10.00) or more than five hundred dollars ($500.00). Each day of such offense shall be considered a separate offense. (Ord. No. 1569, § 1, 4-5-82) Sec. 9-670. Suspension or revocation of license. Nothing in the provisions of this article shall preclude the right of the city or any duly appointed agent to suspend or revoke the license of the licensee. (a) The city may temporarily suspend any license issued under the terms of this article when it has reason to believe that the continued operation of a particular licensed premises will immediately threaten the welfare of the community or create an imminent danger of violation of applicable law. In such case, the city may, upon the issuance of a written order stating the reason for such determination, and without notice or hearing, order the licensed premises closed for not more than seven (7) days, provided that the licensee shall be given an opportunity to be heard at a public hearing during the seven-day period, and further provided that if such licensee shall also be engaged in the conduct of other principal businesses on the licensed premises, such order shall not be applicable to such other principal businesses, the city council shall establish rules for the hearing board. (b) The city may suspend or revoke a license issued under the terms of this article upon due notice to the licensee of the time and place of a public hearing, and a public hearing. If the city so determines upon hearing that the licensee has failed or refused to comply with the terms of this article or has failed or refused to comply with any other applicable law in keeping or providing coin-operated amusement devices, a suspension or revocation may enter. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 96 of 123 ===== PDF PAGE 103 ===== [Extraction: embedded PDF text] (Ord. No. 1569, § 1, 4-5-82) Sec. 9-671. Hearing board. (a) A hearing board shall be appointed by the mayor of the city. The hearing board shall consist of the mayor and two (2) aldermen of the city. The mayor shall appoint the two (2) other members for the hearing board. (b) Each member shall serve for the duration of his term in office. Decisions of the hearing board are final administrative decisions and shall be reviewable as the law provides. Licensees subject to the hearing are responsible for the costs of conducting the hearing. (Ord. No. 1569, § 1, 4-5-82) Secs. 9-672—9-674. Reserved. ARTICLE XXIII. RAFFLES14 Sec. 9-675. Definitions. For the purpose of this article, the terms defined in this section have the meanings given them. Net proceeds means the gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle. Raffle means a form of lottery, as defined in Section 28-2(b) of the "Criminal Code of 1961", conducted by an organization licensed under this article, in which: (1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one (1) or more of which chances is to be designated the winning change; (2) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-676. Who may be issued a license. (a) Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, education or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years immediately before making application for a license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objects. (b) For purposes of this article, the following definitions apply: 14Editor's note(s)—Ord. No. 1722, § 1, adopted Apr. 2, 1984, provided for the addition of provisions designated as Art. XXIII, §§ 9-675—9-684, to read as herein set out. Created: 2025-08-27 12:15:11 [EST] (Supp. No. 145) Page 97 of 123 ===== PDF PAGE 104 ===== [Extraction: embedded PDF text] Nonprofit. An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation. Charitable. An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public. Educational. An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools. Religious. Any church, congregation, society or organization founded for the purpose of religious worship. Fraternal. An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government. Veterans. An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit. Labor. An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of higher degree of efficiency in their respective occupations. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-677. License; applications, issuance, restrictions; persons ineligible. Licenses issued by the City of West Chicago, are subject to the following restrictions: (1) No person, firm or corporation shall conduct raffles or chances without having first obtained a license therefor pursuant to this article; (2) The license and application for license must specify the area or areas within the licensing authority in which raffle changes will be sold or issued, the time periods during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined; (3) The license application must contain a sworn statement attesting to the not-for-profit character of the prospective license organization, signed by the presiding officer or the officer responsible to the State of Illinois and the secretary of that organization. (4) A license authorizes the licensee to conduct one (1) raffle as defined in this article. Each such license shall be as prescribed in Appendix G and shall be valid for one (1) year. (5) The following are ineligible for any license under this article: a. Any person who has been convicted of a felony; b. Any person who is or has been a professional gambler or gambling promoter; c. Any person who is not of good moral character; d. Any firm or corporation in which a person defined in (a), (b) or (c) has a proprietary, equitable or credit interest, or in which such a person is active or employed; e. Any organization in which a person defined in (a), (b) or (c) is an officer, director, or employee, whether compensated or not; Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 98 of 123 ===== PDF PAGE 105 ===== [Extraction: embedded PDF text] f. Any organization in which a person defined in (a), (b) or (c) is to participate in the management or operation of a raffle as defined in this article. (Ord. No. 1722, § 1, 4-2-84; Ord. No. 11-O-0007, § 31, 5-16-2011) Sec. 9-678. Conduct of raffles. The conducting of raffles is subject to the following restrictions: (1) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game. (2) No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle. (3) No person may receive any remuneration or profit for participating in the management or operation of the raffle. (4) A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this article. (5) Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license. (6) No person under the age of eighteen (18) years may participate in the conducting of raffles or chances. A person under the age of eighteen (18) years may be within the area where winning chances are being determined only when accompanied by his parent or guardian. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-679. Raffles; manager, bond. All operation of and the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager shall give a fidelity bond in the sum of an amount determined by the city in favor of the organization conditioned upon his honesty in the performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the city not less than thirty (30) days prior to its cancellation. The City of West Chicago may waive this bond requirement by including a waiver provision in the license issued to an organization under this article, provided that a license containing such waiver provision shall be granted only by unanimous vote of the members of the licensed organization. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-680. Records. (a) Each organization licensed to conduct raffles and chances shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of payment. (b) Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, and placed in a separate account. Each organization shall have separate records of its raffles. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 99 of 123 ===== PDF PAGE 106 ===== [Extraction: embedded PDF text] The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization. (c) Each organization licensed to conduct raffles shall report monthly to its members, and to the city, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this section. (d) Records required by this section shall be preserved for three (3) years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-681. Application procedures. (a) An application to conduct a raffle shall be submitted to the city administrator of the City of West Chicago. The application shall include all necessary information as provided in this article. Any application failing to disclose all required information shall be denied. (b) Following review and investigation of all disclosures as the corporate authorities deem appropriate, the applicant will be informed as to whether or not the license will issue. The city administrator shall issue licenses to all qualified applicants. The city administrator shall inform those applicants refused a license. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-682. Suspension or revocation of license. (a) Nothing in the provisions of this article shall preclude the right of the city council of the City of West Chicago or its duly authorized agent to suspend or revoke the license of the licensee. (b) Pending further investigation by the City of West Chicago, the city council may cause a license to raffle to be temporarily suspended. Reasons for the suspension of a license shall include, but are not limited to nondisclosure of information, fraudulent or incorrect information contained in the application, misappropriation of raffle funds, misconduct in raffle administration, and subsequent illegality. Any raffle funds collected prior to suspension shall be deposited in an escrow account in a duly licensed escrow agency in the State of Illinois during the period of suspension. (c) In the case of a suspension of license, the licensee shall be given an opportunity to be heard in a public hearing within thirty (30) days. The hearing shall be conducted by the raffle hearing board as provided further herein. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-683. Raffle hearing board. (a) Within thirty (30) days of the temporary suspension of a raffle license, the raffle hearing board shall convene for the purpose of determining the merits of the temporary suspension. (b) The raffle hearing board shall consist of three (3) members. The mayor shall be the chairman. Two (2) residents of the City of West Chicago shall be appointed by the mayor. The mayor shall serve a term consecutively with the term of his office. The other members are appointed for a term of one (1) year each. (c) In the event the raffle hearing board concurs in the findings of the temporary suspension it may order either a further suspension or revocation of the license. In the event a revocation is deemed appropriate, the funds collected for the purpose of the raffle to that date may be caused to be refunded as a court of competent Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 100 of 123 ===== PDF PAGE 107 ===== [Extraction: embedded PDF text] jurisdiction may decide. The officers of the organization or the organization itself shall be responsible for all costs incurred by the City of West Chicago in obtaining a final determination of this matter. (Ord. No. 1722, § 1, 4-2-84) Sec. 9-684. Penalty for violation. Any person who violates this section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (Ord. No. 1722, § 1, 4-2-84) ARTICLE XXIV. TOBACCO SALES15 Sec. 9-685. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them: Adult-only facility means a facility or restricted area (whether open-air or enclosed) where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under state law, or by checking the identification of any person appearing to be under the age of thirty (30)) that no person under legal age is present. A facility or restricted area need not be permanently restricted to persons under twenty-one (21) years of age to constitute as adult-only facility, provided that the operator ensures or has a reasonable basis to believe that no person under twenty-one (21) years of age is present during the event or time period in question. Age restricted area means a signed designated area in a retail establishment to which persons under twenty- one (21) years of age are not permitted access unless accompanied by a parent or legal guardian. Alternative nicotine product means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. Alternative nicotine product does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this section; or any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Electronic cigarettes means (1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or (3) any solution or substance, whether or not it contains nicotine intended for use in the device. Electronic cigarette includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. Electronic cigarette does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this section; any product approved by the United States Food and Drug 15Editor's note(s)—Ord. No. 19-O-0022, adopted July 1, 2019, amended art. XXIV in its entirety to read as herein set out as §§ 9-685—9-698. Former art. XXIV, §§ 9-685—9-700, pertained to similar subject matter, and derived from 18-O-0019, adopted June 4, 2018. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 101 of 123 ===== PDF PAGE 108 ===== [Extraction: embedded PDF text] Administration for sale as a tobacco cessation product, or for other medical purposes, and is being marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act. Line of sight means visible to a cashier or other employee. Lunch wagon means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public. Nicotine means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. Tobacco products means any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. Tobacco products includes any component, part, or accessory of a tobacco product, whether or not sold separately. Tobacco product does not include: an electronic cigarette and alternative nicotine product as defined in this section; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and solely for that approved purpose. Tobacco products, electronic cigarettes, and alternative nicotine product may be sold through a vending machine only if such tobacco products, electronic cigarettes, and alternative nicotine products are not placed together with any non-tobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations: (1) Places to which persons under 21 years of age are not permitted access at any time. (2) Places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager. Tobacco specialty store means a tobacco retailer whose business exclusively or primarily involves the sale of tobacco products and related goods. Vending machine means any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products or electronic smoking devices. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-686. License—Required. It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products, electronic cigarettes and alternative nicotine products within the city without having first obtained a tobacco dealer's license therefor pursuant to this article. Such license shall be in addition to any other license required by this Code. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-687. Same—Application. Application for tobacco sales license should be made to the city clerk on forms provided by the city. Licenses shall run for a one-year period based on the city's fiscal year. A licensee may be prorated for a portion of the year. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 102 of 123 ===== PDF PAGE 109 ===== [Extraction: embedded PDF text] (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-688. Same—Fee. The annual fee for a tobacco license shall be as prescribed in appendix G. Said license is not refundable, in part or in full. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-689. Prohibited sales, delivery; signs and displays. (a) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products, electronic cigarettes, and alternative nicotine products to any person under the age of twenty-one (21) years. (b) Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and electronic smoking devices and on or upon every vending machine, which offers tobacco products and/or electronic smoking devices for sale. Each such sign shall be plainly visible and shall state: "THE SALE OF TOBACCO PRODUCTS, ELECTRONIC CIGARETTES, AND ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, IS PROHIBITED BY LAW." The text of such signs shall be in red letters on a white background, said letters to be at least one (1) inch high. (c) All single packs of cigarettes, and electronic cigarettes, and alternative nicotine products must be sold from behind the counter or in an age-restricted area or in a sealed display case. Any other tobacco products must be sold in line of sight. The restrictions described in this section do not apply to a retail tobacco store that: (1) Derives at least ninety (90) percent of its revenue from tobacco and tobacco related products; (2) Does not permit persons under the age of twenty-one (21) to enter the premises unless accompanied by a parent or legal guardian; and (3) Posts a sign on the main entrance way stating that persons under the age of twenty-one (21) are prohibited from entering unless accompanied by a parent or legal guardian. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-690. Minimum age to sell tobacco products. It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under sixteen (16) years of age to sell tobacco products, electronic cigarettes, and alternative nicotine products in any licensed premises. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-691. Purchase by minors prohibited. It shall be unlawful for any person under the age of twenty-one (21) years to purchase tobacco products, electronic cigarettes, and alternative nicotine products or to misrepresent their identity or age, or to use any false Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 103 of 123 ===== PDF PAGE 110 ===== [Extraction: embedded PDF text] or altered identification for the purpose of purchasing tobacco products, electronic cigarettes, and alternative nicotine products. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-692. Free distributions. A person shall not distribute without charge samples of any tobacco product to any other person, regardless of age, except for smokeless tobacco in an adult-only facility. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-693. Vending machines; locking devices. (a) It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products or electronic smoking devices by use of a vending machine, unless such vending machine is equipped with manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of twenty-one (21) years. (b) Any premises where access by persons under the age of twenty-one (21) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of subsection (a) above. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-694. Responsibility for agents and employees. Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this article, by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-695. Suspension; revocation of license; fines, costs. (a) The mayor shall be charged with the administration of this article. The mayor may suspend or revoke any license issued under the provisions of this article, if he determines that the licensee has violated any of the provisions of this article. In lieu of suspension or revocation of a license, the mayor may instead levy a fine on the licensee. The fine imposed shall be per section 1-8, general penalty, of this Code for each violation. Each day on which a violation continues shall constitute a separate violation. However, no such license shall be suspended or revoked and no licensee shall be fined except in a public hearing by the mayor with a seven- day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service. (b) The mayor shall, within seven (7) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven (7) days upon the licensee. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 104 of 123 ===== PDF PAGE 111 ===== [Extraction: embedded PDF text] (c) Any licensee determined by the mayor to have violated any of the provisions of this article shall pay to the city the costs of the hearing before the mayor on such violation. The mayor shall determine the costs incurred by the city for the hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or such lesser sum as the mayor may allow. (d) The licensee shall pay said costs to the city within thirty (30) days of notification of the costs by the mayor. Failure to pay the costs within thirty (30) days of notification is a violation of this article and may be cause for license suspension or revocation, or the levy of a fine. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-696. Use of premises after revocation. When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one (1) year thereafter for the conduct of the business of selling tobacco products, electronic cigarettes, and alternative nicotine products in the premises described in such revoked license. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-697. Penalty. In addition to any other relief granted by the courts or the administrative law judge, any person violating section 9-691 of this article shall be subject to a fine per section 1-8, general penalty, of this Code. (Ord. No. 19-O-0022, § 1, 7-1-2019) Sec. 9-698. Transfer of license. (a) Nontransferable. A license shall be a personal privilege, in force and effect for that period of time set forth in section 9-687 of this article, unless sooner revoked as in this article provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee, and shall not descend by the law of testate or intestate devolution. (b) Change in personnel. Any changes in partnerships, officers, directors, persons holding directly or beneficially more than five (5) percent of the stock or ownership interest, or managers of establishments licensed under this chapter, shall be reported in writing to the mayor, within ten (10) days of the change and such new individuals shall meet all the standards of this chapter and must otherwise qualify to hold a tobacco dealers license. (1) When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a tobacco dealers license, the license shall terminate. (2) When a license has been issued to a corporation and a change takes place in officers, directors, managers or stockholders of more than five (5) percent of the stock, resulting in the holding of office or such of stock by one who is not eligible for a license, the license shall terminate. (3) When a license has been issued to an individual who is no longer eligible for a license, the license shall terminate. (Ord. No. 19-O-0022, § 1, 7-1-2019) Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 105 of 123 ===== PDF PAGE 112 ===== [Extraction: embedded PDF text] Secs. 9-699—9-710. Reserved. ARTICLE XXV. RESERVED16 Secs. 9-711—9-716. Reserved. ARTICLE XXVI. TATTOO AND BODY PIERCING ESTABLISHMENTS Sec. 9-717. Definitions. For the purposes of this article, the following terms shall have the meanings indicated: Body piercing means any procedure whereby a part or parts of the human body are pierced by a sharp instrument in order to allow insertion of a piece or pieces of jewelry, a ring(s) or other ornamental devices(s) through the orifice(s) thus created. Operator means any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing other human beings. Tattoo, tattooed, or tattooing means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin by the aid of needles or other instruments designed to touch or puncture the skin. (Ord. No. 4393, § 4, 2-5-2001) Sec. 9-718. License—Required. No person shall maintain a tattoo establishment, with or without body piercing, without first having obtained a license as hereinafter provided. Such license shall be effective from January 1 through December 31 of each year, and shall be renewed annually. The fee for such license shall be as prescribed in Appendix G. All fees shall be non- refundable and shall not be prorated. (Ord. No. 4393, § 4, 2-5-2001; Ord. No. 11-O-0007, § 33, 5-16-2011) Sec. 9-719. Application—Fees. Every applicant for a license to maintain or operate a tattoo establishment shall file an application upon a form provided by the city clerk and pay a nonrefundable filing fee as prescribed in Appendix G to the city administrator. The city administrator shall, within two (2) days, refer copies of such completed application to the police department, building department and mayor. The city departments shall, within thirty (30) days, inspect the premises proposed to be operated as a tattoo establishment, and make recommendations to the mayor concerning compliance with the codes and ordinances of the city. Upon receipt of the recommendations of the respective city departments, the city administrator shall notify the applicant as to whether his application has been 16Editor's note(s)—Ord. No. 01-O-0083, § 2, adopted Oct. 15, 2001 deleted the former Art. XXV, §§ 9-711—9-341 which pertained to vending machines and derived from Ord. No. 2390, § 1, adopted Mar. 4, 1991. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 106 of 123 ===== PDF PAGE 113 ===== [Extraction: embedded PDF text] granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty (30) days. (Ord. No. 4393, § 4, 2-5-2001; Ord. No. 11-O-0007, § 34, 5-16-2011) Sec. 9-720. Premises. No tattoo establishment shall receive a license or be operated, established or maintained unless the establishment shall comply with each of the following minimum regulations: (1) The establishment shall have a certificate of compliance with or inspection by the DuPage County Health Department, if available. (2) The room in which tattooing is done shall have an enclosed area of not less than five hundred (500) square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface. (3) Toilet facilities shall be provided within the establishment. When five (5) or more employees or patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. Lavatories shall be provided with both hot and cold running water and shall be installed in the toilet room. Lavatories shall be provided with soap and a dispenser with sanitary towels. (4) All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from waiting customers or observers by a solid wall or door totally eliminating any view into the tattooing room. (5) Closed cabinets shall be provided for use in the storage of clean linens, towels, needles, and other materials and instruments used in tattooing. All used linens, towels, equipment, instruments, and other materials shall be kept in properly covered containers or cabinets which shall be kept separate from the clean storage areas. A steam sterilizer shall be provided to properly sterilize all needles and instruments before use on any patron. Such needles and instruments required to be sterilized shall be so used, handled and temporarily placed during their use so that they will not be contaminated. (6) The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair. (7) No tattoo establishment shall be open to the public for business between the hours of 10:00 p.m. and 7:00 a.m. (8) The main entrance door of any tattoo establishment shall be visible from a public street and shall remain unlocked during business hours. (Ord. No. 4393, § 4, 2-5-2001) Sec. 9-721. Operating requirements. All tattoo establishments shall be subject to the following requirements: (1) The operator shall wash his hands thoroughly with antiseptic soap and water before starting any tattoo; his hands shall be dried with individual, single-use towels. (2) The area on the patron to be tattooed shall first be thoroughly washed with a sterile, single-use sponge with warm water containing an antiseptic liquid soap. The area should be shaved with a safety razor, using single service blades for each patron, followed by a solution of seventy (70) percent alcohol to be applied to the area before tattooing is begun. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 107 of 123 ===== PDF PAGE 114 ===== [Extraction: embedded PDF text] (3) Only petroleum jelly in collapsible metal or plastic tubes shall be used on the area to be tattooed, and it shall be applied with sterile gauze. (4) Single-service or individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on each patron. Any dye in which the needles are dipped shall not be used on another patron. All needles, pigments, dyes, color and any other material used in tattooing and all bandages and surgical dressings used in connection with tattooing shall be sterile and free from bacterial, virus particles and noxious agents and substances. After completing work on any patron, the tattooed area shall be washed with sterile gauze and seventy (70) percent alcohol solution and allowed to dry. A sterile gauze dressing shall be fastened to the tattooed area. (5) Operators shall at all times while in the performance of their services wear uniforms or garments which cover the torso, and said garments shall be kept clean and in a sanitary condition. (6) No person, while on the premises of any tattoo establishment, shall possess, sell, dispense, provide, give, keep or maintain any alcoholic beverage. (7) No intoxicated person shall be tattooed by an operator on the licensed premises. (8) Operators shall at all times comply with the regulations of the Department of Labor's Occupational Safety and Health Administration (29 CFR § 1910.1030), as presently existing or hereafter amended, with respect to occupational exposure to blood, bloodborne pathogens or other potentially infectious materials. (9) Tattooing may be performed within such licensed tattoo establishment but shall be done only by a person licensed to practice medicine in all its branches in the state as set forth in the Illinois Medical Practice Act of 1987, or any amendment thereof. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-722. Inspections. Any city department may make an inspection of each establishment granted a license under the provisions of this article for the purposes of determining compliance with the provisions of this article. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-723. Revocation and suspension. It shall be cause for revocation or suspension that a licensee has violated the provisions of this article or any code or ordinance of the city relative to operation of the business or use of the premises, has made a false statement on any application for license under this article, or in the event that the licensee shall refuse to permit any authorized police officer or authorized member of the police department or building department of the city to inspect the premises or the operations thereof at reasonable times. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-724. Transfer of license prohibited. No license for the operation of a tattoo establishment shall be transferable. (Ord. No. 4393, § 4, 5-14-2001) Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 108 of 123 ===== PDF PAGE 115 ===== [Extraction: embedded PDF text] Sec. 9-725. Display of license required. Each licensee shall display a valid current license in a conspicuous place within the license establishment so that the same may be readily seen by persons entering the establishment. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-726. Exemptions. The provisions of this article shall not apply to persons licensed to practice medicine in all its branches in the state as set forth in the Illinois Medical Practice Act of 1987, or any amendment thereof, who perform body piercing or tattoo individuals while in the course of their medical practice. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-727. Requirement for authorized physician for body piercing. Body piercing may be performed within such licensed tattoo establishment but shall be done only by a person licensed to practice medicine in all its branches or in the physical presence and under the direct supervision of a person licensed to practice medicine in all its branches in the state as set forth in the Illinois Medical Practice Act of 1987, or any amendment thereof. The piercing of ears shall be exempt from the provisions of this section. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-728. Tattooing of minors. In accordance with 720 ILCS 5/12-10, no person under the age of twenty-one (21) may be tattooed except by a person licensed to practice medicine in all its branches in the state as set forth in the Illinois Medical Practice Act of 1987, or any amendment thereof, as hereinabove set forth. (Ord. No. 4393, § 4, 5-14-2001) Sec. 9-729. Penalty. In addition to license suspension or revocation as hereinabove provided, any person violating any of the provisions of this article shall be subject to a fine per section 1-8, general penalty, of this Code, and a separate offense shall be determined to have been committed each day during which or on which the violation occurs or continues. (Ord. No. 4393, § 4, 5-14-2001; Ord. No. 03-O-0085, § 6, 10-6-2003) ARTICLE XXVII. VIDEO GAMING17 17Editor's note(s)—Ord. No. 21-O-0027, § 2, adopted November 1, 2021, repealed art. XXVII, §§ 9-730—9-733, and § 3 of the same enacted a new art. XXVII as set out herein and later amended. Former art. XXVII pertained to the prohibition of video gaming and derived from Ord. No. 09-O-0061, adopted November 16, 2009. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 109 of 123 ===== PDF PAGE 116 ===== [Extraction: embedded PDF text] Editor's note(s)—Ord. No. 21-O-0027, § 3, adopted November 1, 2021, set out provisions intended for use as § 9- 730—9-741. Inasmuch as some of these sections already exist, these provisions have been included herein as §§ 9-730—9-733.8 at the editor's discretion. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 110 of 123 ===== PDF PAGE 117 ===== [Extraction: embedded PDF text] Sec. 9-730. Authorization. Video gaming terminals, as defined herein, may be located, possessed, maintained, and otherwise operated in video gaming establishments as licensed by the city, pursuant to the terms, conditions and regulations of this article and pursuant to the provisions of the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., as may be amended. Video gaming shall be prohibited in video gaming cafes and licensed truck stops. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-731. Definitions. Licensed establishment means any business licensed by the state to have or operate a video gaming device in the city, including any licensed fraternal establishment, licensed veterans establishment, as those terms are defined in the Video Gaming Act, 230 ILCS 40/5. Video gaming means the ownership, placement, maintenance, operation or use of a video gaming terminal in a location as defined by the Video Gaming Act, 230 ILCS 40/1 et seq., as may be amended, and by this article. Video Gaming Act means the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., as may be amended. Video gaming café means an establishment whose primary purpose or major focus is video gaming and the service of alcohol. Video gaming terminal means any electronic video game machine that upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to, video poker, line up and blackjack, as authorized by the Illinois Video Gaming Act utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash or tokens or is for amusement purposes only. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-732. Administration of article. (a) The local liquor control commissioner shall be charged with the administration of this article. All video gaming establishment licenses shall be issued by the local liquor control commissioner. (b) The local liquor control commissioner shall have the following powers, functions and duties relative to administration of this article: (1) To grant a video gaming establishment license when the application filed for same is deemed complete and there is nothing set forth in the application which would result in denial under state law or interpretation of local code provisions. (2) To suspend for a period of not to exceed thirty (30) days, or revoke for cause, in accordance with the provisions of this article and of chapter 3 of this Code where appropriate, a video gaming establishment license. (3) To enter or to authorize any police officer to enter at any time upon any video gaming establishment licensed hereunder, to determine whether any of the provisions of this article or any rules or regulations issued hereunder have been or are being violated, and at the time of such entry, to examine such premises in connection therewith. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 111 of 123 ===== PDF PAGE 118 ===== [Extraction: embedded PDF text] (4) To receive complaints from any person that any of the provisions of this article, or any rules or regulations issued hereunder have been or are being violated and to act upon such complaints in the manner hereafter approved. (5) To deny any application for the issuance or renewal of a video gaming establishment license to an applicant upon determination to be ineligible therefor. (6) To examine or cause to be examined under oath any applicant for a video gaming establishment license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension have been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any such applicant or licensee; to hear testimony in the performance of his duties and for such purpose to issue subpoenas which shall be effective for the purpose of obtaining any of the information desired by the local liquor control commissioner under this Section, and to authorize an agent to act for such purpose. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733. Video gaming establishment license required. (a) No person, either as owner, lessee, manager, officer or agent, or in any other capacity, shall operate or permit to be operated any video gaming terminal, as defined herein, at any premises within the city without first having obtained a video gaming establishment license from the city. The license provided for in this article shall permit a licensee to operate video gaming terminals at the specified establishment. (b) No applicant, including any person, either as owner, lessee, manager, officer or agent, shall be eligible for a video gaming establishment license from the city, nor shall an existing license holder be entitled to maintain a video gaming establishment license, unless each of the following requirements are met and continue to be met: (1) Establishments eligible for a video gaming establishment license, which shall be deemed a class J license from the city are limited to those which are licensed for on-premises consumption of alcoholic liquor and hold a valid class A-1, A-2, A-3, B-4, E-1, E-3 or F license. (2) The applicant holds the appropriate certificate or license from the state permitting video gaming and is in good standing with same. (3) The establishment has been in operation at the location for a minimum of twelve (12) continuous months at the time the application is filed. (4) The establishment must maintain customer seating outside of the gaming area but within the establishment at a ratio of at least five (5) seats for each permitted video gaming terminal. (5) The applicant is not in arrears in any tax, fine, fee or bill due to the city or state, or where the applicant has been found liable being in violation of any provision of this Code. (6) The applicant has completed and complies with all the application requirements set forth in section 9- 733.4 of this article and is not disqualified due to a felony, gambling offense, or crime of moral turpitude. (7) The establishment is located outside of a residential zoning district and is in compliance with the requirements of the Illinois Video Gaming Act, 230 ILCS 40/25(h). (c) There shall be no more than six (6) video gaming terminals allowed and permits issued therefore under this article for each licensee at any one (1) location. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 112 of 123 ===== PDF PAGE 119 ===== [Extraction: embedded PDF text] (d) A video gaming establishment license is purely a personal privilege and does not constitute a property right, nor is the license transferable. No expectation of the continuance of a video gaming establishment license is a property right. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.1. Maximum video gaming establishment licenses/terminals. No more than one (1) video game establishment license shall be issued and in force at any one (1) time for each licensed establishment and not more than six (6) video gaming terminals may be located, maintained or operated in any one (1) licensed video gaming establishment. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.2. Advertising. An establishment which has secured a video game establishment license is specifically prohibited from advertising the availability of video gaming in the establishment and in any street, alley, right of way or public place within the city. Also prohibited are banners, flags and other forms of advertisement on public or private property. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.3. Regulations. All video gaming establishments operating a video gaming terminal on the licensed premises within the city must comply with all regulations set forth in the Illinois Video Gaming Act, and those set forth in this article. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.4. License application requirements. Each applicant seeking a video gaming establishment license shall submit to a background investigation. Further, the license applicant shall provide the following information to the city on a form provided by the city: (1) The legal name of the establishment; (2) The business name of the establishment; (3) The address of the establishment where the video gaming terminals are to be located; (4) The type of establishment and supporting documentation demonstrating the classification; (5) A floor plan, drawn to scale using a computer, detailing the overall layout of the establishment, including the location and count of dining seating, the location and count of video gaming terminals and seating for said terminals, and other significant features of the establishment, including exit locations, restrooms and other equipment. Video gaming terminals shall be placed in an area segregated by some visible means (wall, roping, railing, etc.) from the principal use of the establishment A high-resolution electronic copy of the floor plan as well as a paper printed copy (no smaller than eleven (11) inches by seventeen (17) inches) shall be submitted at the time of application; hand-drawn floor plans and floor plans not including a scale will not be accepted; Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 113 of 123 ===== PDF PAGE 120 ===== [Extraction: embedded PDF text] (6) The amount of time the establishment has been in business under the ownership of the applicant at the location where video gaming is proposed to take place; (7) The business office address of the establishment if different from the address of the establishment; (8) In the case of a corporation, limited liability company or trust, the name and address of an agent authorized and designated to accept service on behalf of the licensee; (9) A phone number for the establishment; (10) An e-mail address for the establishment; (11) The name and address of every person owning more than a five (5) percent share of the establishment; (12) The name, address, phone number and e-mail address of any terminal operator or distributor proposed to own, service or maintain video gaming terminals at the establishment; (13) A copy of the establishment's state video gaming license; (14) In the case of a corporation, limited liability company or partnership, a copy of the establishment's state certificate of good standing; (15) A statement as to the number of video gaming terminals which the establishment proposes to have on its premises (not to exceed six (6) for all establishments); (16) A statement that the establishment is not in arrears in any tax, fee or bill due to the city or state; (17) A statement that the establishment agrees to abide by all state and federal laws and any local ordinance; (18) A statement that no manager or owner with more than five (5) percent interest in the establishment has ever been convicted of a felony, a gambling offense or a crime of moral turpitude. In the event that an establishment cannot provide such statement, the establishment may apply for a certificate of rehabilitation from the local liquor control commissioner indicating that the individual who would disqualify the establishment from obtaining the video gaming license has been rehabilitated and is no longer a threat to violate the law. The local liquor control commissioner may consider the nature of the offense, the length of time since the offense, the length of time since release from custody and other factors to determine if the individual has been rehabilitated such that he or she is no longer likely to commit another offense. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.5. Application filing; renewals. (a) Applications shall be processed by the city clerk or her designee on a first come, first served basis. Every application shall be date and time stamped upon filing. An application received in the mail shall be considered filed on the date and time it is opened by the city clerk or her designee. (b) The annual license year shall be from January 1 through December 31. (c) Every video gaming establishment license holder shall be required to file a renewal application, which may contain the same or similar information as set forth in section 9-733.4. Renewal applications shall be due on December 1 of every calendar year. An additional fee of fifty dollars ($50.00) shall be assessed for every week a renewal application is made following December 1. (Ord. No. 21-O-0027, § 3, 11-1-2021) Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 114 of 123 ===== PDF PAGE 121 ===== [Extraction: embedded PDF text] Sec. 9-733.6. Video gaming establishment license fees. An annual license fee of one thousand dollars ($1,000.00) per terminal shall be accessed, with the owner of the establishment to pay two hundred fifty dollars ($250.00) per terminal, and the operator(s) of the terminal to pay the remaining seven hundred fifty dollars ($750.00) per terminal. The annual fee must be paid at the time of submission of the application for video gaming establishment license, and annually thereafter. There is no proration of the fee granted for any partial year of operation, and no refunds or partial refunds of annual fees shall be given in the event the licensee ceases operating any or all video gaming terminals or in the event a video gaming terminal fails to operate. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.7. License revocation or suspension. The local liquor control commissioner, at any time, may notify any licensee under this article within five (5) business days of any charge of a violation of any of the provisions of this Article in connection with the operation of any video gaming terminal. After a hearing presided over by the local liquor control commissioner, the local liquor control commissioner may order the revocation of the license upon a finding that the violation has occurred, and the license shall thereupon be terminated. The licensee may appeal the revocation as prescribed in chapter 3, section 3-34. In the event of the revocation or denial of any license or registration under this section, such person shall not be issued any license provided for in this article for one calendar year following the revocation or any appeal thereof. Notice of a violation shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the licensee shall be cited and its license may be suspended. Notice pursuant to this section may be sent by: (1) First class mail or by overnight or two-day commercial delivery service at the establishment address as it appeared on its application; (2) Personal service; (3) Posting upon the property that is the site of the alleged violation(s); or (4) Any other means permitted by law for service of civil summons. (Ord. No. 21-O-0027, § 3, 11-1-2021) Sec. 9-733.8. Fines; penalty. A finding of a violation of the regulations set forth in this article shall result in imposition of the following fines: (1) First offense in a twelve (12) month period: seventy-two (72) hour video gaming terminal license suspension and a one thousand dollar ($1,000.00) fine; (2) Second offense in a twelve (12) month period: seventy-two (72) hour video gaming terminal license suspension and a one thousand five hundred dollar ($1,500.00) fine; and (3) Third offense in a twelve (12) month period: revocation of video gaming terminal license and a two thousand dollar ($2,000.00) fine. A separate offense shall be deemed to have been committed on each day during which a violation occurs or continues. In addition to the foregoing penalties, any individual, firm, sole proprietor, association, partnership, Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 115 of 123 ===== PDF PAGE 122 ===== [Extraction: embedded PDF text] corporation, trust or any other legal entity who shall violate any provision of this article shall be subject to the general penalty provisions as provided for in chapter 1, section 1-8 of this Code. (Ord. No. 21-O-0027, § 3, 11-1-2021) ARTICLE XXVIII. JUNK DEALERS AND JUNK PEDDLERS Sec. 9-734. Definitions. As used in this article, the following words or phrases shall have the following meaning: Junk shall mean and include old iron, brass, copper, tin, lead or other similar basic materials, and rope, bags, rags, wastepaper, paper clippings, scraps of woolens and other textiles, rubber, glass and empty bottles and all articles discarded or no longer used and consisting of any one (1) or more of the materials herein mentioned. Junk dealer shall mean and include every person, firm or corporation having an established place of business in the city, defined herein as a junk yard or junk store, and engaged in the business of buying, selling, bartering or exchanging any of the things defined herein as junk, whether dealing at wholesale or at retail. Junk peddler shall mean every person who uses a junk wagon as defined herein and travels from place to place within the city for the purpose of engaging in the business of purchasing and/or otherwise collecting junk. Junk store shall mean any store, shop, warehouse or building where junk is bought, sold, bartered or exchanged. Junk wagon shall mean very truck, wagon, motor vehicle, push cart or other vehicle used by a junk dealer or peddler in the collection, disposition or transportation of junk from one (1) place to another, within the city. Junk yard shall mean any yard, place or enclosure where junk is bought, sold or exchanged. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-735. Exemptions. This article shall not apply to businesses or charitable organizations that accept donated goods for resale and individuals who are selling junk obtained from their own residence or business. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-736. License required. It shall be unlawful for any person to operate a junk yard, junk store or conduct the business of a junk dealer or junk peddler within the city without a valid license for that purpose, as provided in this article. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-737. Issuance of license. The city administrator or his designee may grant a license to such person(s) who shall provide satisfactory evidence, through a fingerprint inquiry conducted by the police department, of good character to operate as a junk dealer or a junk peddler within the city, and upon the payment of the license fees provided for under this article. Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 116 of 123 ===== PDF PAGE 123 ===== [Extraction: embedded PDF text] No license shall be granted by the city when any applicant owes the city any money for any purpose whatsoever or if there are unabated violations of the city code at the location for which the applicant is seeking a license to operate as either a junk dealer or junk peddler. The city administrator may refuse to issue/renew a license pursuant to this article if said license would be subject to suspension/revocation for any reason set forth in section 9-740 of this article. The city reserves the right to inspect any junk wagon, junk yard, junk store, junk dealer or junk peddler before issuing/renewing a license. A junk peddler license shall not authorize a junk peddler to operate as a junk dealer; provided that a junk dealer may employ junk peddlers who each shall obtain a junk peddler license. If a license is denied this article, the applicant may file a written appeal of the decision to the chief of police within seven (7) calendar days of receipt of the decision. The written appeal shall set forth the reasons why the applicant believes the decision to deny the license should be reversed. The chief of police shall respond to the appeal within fourteen (14) calendar days either affirming or reversing the decision to deny the license. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-738. License fees. The annual license fees shall be as prescribed in Appendix G. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-739. License restrictions and conditions. (a) Dealing with minors: It shall be unlawful for any person having a license from the city under the provisions of this article to purchase or receive any articles of property from persons under eighteen (18) years of age.. (b) Plumbing and electrical fixtures: No individual, being licensed as a junk dealer or junk peddler shall purchase from any person, except from duly certified plumbers, electricians, licensed peddlers or the owners of buildings from which the material is taken, any lead or metal pipe, faucets, boilers or other plumbing material or electric wiring or fixtures. (c) Junk wagons: (1) Every licensed junk peddler and/or junk dealer who operates a junk wagon shall possess a valid driver's license and auto liability insurance for his junk wagon(s), as required by the Illinois Vehicle Code. (2) Every person licensed pursuant to this article shall carry a copy of said license, their Illinois driver's license and a copy of the liability insurance whenever operating a junk wagon. (3) Every junk wagon shall bear the name, address, and telephone number of the licensee in letters at least two (2) inches tall. (4) No junk dealer or junk peddler shall collect junk within the city before 7:00 a.m. or after 8:00 p.m. on any day. (5) It shall be unlawful to park a junk wagon before 7:00 a.m. and after 8:00 p.m. on any day, in any public place on a city block wherein more than one-half (½) of the buildings are used for residential purposes. It shall further be unlawful to park a junk wagon on any property in any residential zoning district. (d) Licenses non-transferable: No license shall be transferred to another person. (Ord. No. 13-O-0002, § 2, 6-3-2013) Created: 2025-08-27 12:15:12 [EST] (Supp. No. 145) Page 117 of 123 ===== PDF PAGE 124 ===== [Extraction: embedded PDF text] Sec. 9-740. Cause for suspension/revocation. Any license issued pursuant to the terms of this article shall be subject to suspension or revocation for any of the following reasons: (1) The licensee or his employee(s) violate(s) any of the terms of this article or the City Code. (2) The licensee is charged and/or convicted of theft, possession of stolen property, and/or related offenses. (3) The premises wherein the licensee operates a junk yard or junk store suffers from and/or creates any violations of the following portions of the City Code: Article IV, "Buildings and Building Regulations"; Article XI, "Offenses and Miscellaneous Provisions"; or Appendix A, "Zoning". (4) The licensee is deemed to have maintained a Nuisance Premises, in violation of Article 10 Article VII Section 10 [Chapter 10] "Nuisances" of the City Code, on the premises wherein he operates a junk yard or junk store. (5) The city or other governmental agency condemns the premises wherein the licensee operates a junk yard or a junk store. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-741. Suspension or revocation. A license issued under the provisions of this article may be revoked or suspended by the chief of police for a violation of any provision of this article or the City Code. If the chief of police determines after investigation that cause exists for the suspension or revocation of a license, the chief of police shall notify the licensee in writing, via certified mail delivered to the address provided on the license application, that its license will be revoked or suspended, setting forth the reasons therefore, and advising the licensee of the right to appeal pursuant to section 9-742 of this article. Unless a timely appeal is filed as provided in section 9-742, such revocation or suspension shall be final and effective on the eleventh business day following receipt of the notice by the licensee. If a timely appeal is filed as provided in section 9-742, such revocation or suspension shall not be final and effective until the appeal has been processed. The suspension of a license shall be for a period of not to exceed thirty (30) days. No revocation or suspension shall require return by the city of any portion of the license fee. Any revocation of a license shall preclude the licensee (or any subsequent company that has twenty (20) percent or more common identity/ownership interest with the licensee) from receiving another license under this article for two (2) years from the date of revocation; except that upon automatic revocation, as provided above, the license (or any subsequent company that has twenty (20) percent or more common identity/ownership interest with the licensee) shall not be permitted to receive another license for ten (10) years from the date of revocation for violations of section 9-740. Revocation or suspension of a license shall not preclude the imposition of a fine by a court of competent jurisdiction for violation of any part of this article. (Ord. No. 13-O-0002, § 2, 6-3-2013) Sec. 9-742. Appeals. Any license holder who receives a notice of revocation or suspension may file an appeal with the city administrator as provided herein. Such appeal shall be filed with the city administrator, in writing, no later than ten Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 118 of 123 ===== PDF PAGE 125 ===== [Extraction: embedded PDF text] (10) business days following receipt of the notice of revocation or suspension, and shall include a response to the notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the police department's notice and shall set forth the basis for why the license should not be revoked or suspended. The city administrator shall schedule an informal public hearing as soon as possible following receipt of such appeal. The purpose of the hearing will be to offer the applicant or licensee an opportunity to show cause why the license should not be suspended or revoked. A record shall be made of the informal public hearing and documents may be submitted and/or testimony given, either in person or through sworn affidavit. This record may be made by electronic recording. The city administrator shall have the power to administer oaths and to continue the hearing from time to time to permit the applicant to provide additional information. Within thirty (30) days after such hearing, the city administrator shall make written findings of fact and issue an appropriate order. If the city administrator determines that the license or permit should be revoked or suspended, the reasons supporting such determination shall be included in the written order. A copy of such order shall be served upon the licensee. The decision of the city administrator as provided above shall be the final administrative action of the city with respect to the license and shall be subject to the immediate appeal by the licensee to the circuit court. Such appeal to the circuit court shall be filed not later than thirty-five (35) days following receipt of the city administrator's findings and order. Failure to timely file such appeal as provided herein shall render the city administrator's decision final. The city administrator may delegate any duty or power set forth in this section, including but not limited to, the conduct of the informal hearing and issuance of any final order, to such city officer as the city administrator may designate. Sec. 9-743. Penalty. Any person, firm, or corporation who shall violate any provision of this article shall be subject to, at minimum, a fine of not less than seven hundred fifty dollars ($750.00) per occurrence. (Ord. No. 13-O-0002, § 2, 6-3-2013) ARTICLE XIX. CANNABIS BUSINESS ESTABLISHMENTS PROHIBITED Sec. 9-744. Definitions. The following words and phrases shall, for the purposes of this article, have the meanings respectively ascribed to them by this section, as follows: Adult use cannabis business establishments include adult use cannabis cultivation centers (not including medical cannabis cultivation centers as set forth in the West Chicago Zoning Code), adult use cannabis craft growers, adult use cannabis processing organizations, adult use cannabis dispensing organizations (not including medical cannabis dispensing organizations as set forth in the West Chicago Zoning Code), and adult use cannabis transporting organizations. Adult use cannabis craft grower means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the definition of craft grower as set forth in the Cannabis Regulation and Tax Act, (P.A. 101-0027), as may be amended from time-to-time, and regulations promulgated thereunder. Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 119 of 123 ===== PDF PAGE 126 ===== [Extraction: embedded PDF text] Adult use cannabis cultivation center means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the definition of cultivation center as set forth in the Cannabis Regulation and Tax Act, (P.A. 101-0027), as may be amended from time-to-time, and regulations promulgated thereunder. Adult use cannabis cultivation center does not include medical cannabis cultivation centers as set forth in the West Chicago Zoning Code. Adult use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the state department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as may be amended from time- to-time, and regulations promulgated thereunder. Adult use cannabis dispensing organization does not include medical cannabis dispensing organizations as set forth in the West Chicago Zoning Code. Adult use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the state department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as may be amended from time-to-time, and regulations promulgated thereunder. Adult use cannabis transporting organization or transporter means an organization or business that is licensed by the state department of agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Person means a natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court. (Ord. No. 19-O-0036, § 1, 11-4-2019) Sec. 9-745. Prohibited. The following adult use cannabis business establishments are prohibited from being located within the city. No person shall locate, operate, own, suffer, allow to be operated or aid, abet or assist in the operation within the city of any of the following: (1) Adult use cannabis craft grower. (2) Adult use cannabis cultivation center. (3) Adult use cannabis dispensing organization. (4) Adult use cannabis processing organization or processor. (5) Adult use cannabis transporting organization or transporter. Cannabis business establishments do not include medical cannabis cultivation centers or medical cannabis dispensing organizations as set forth in the West Chicago Zoning Code. (Ord. No. 19-O-0036, § 1, 11-4-2019) Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 120 of 123 ===== PDF PAGE 127 ===== [Extraction: embedded PDF text] Sec. 9-746. Public nuisance declared. Operation of any prohibited adult use cannabis business establishment within the city in violation of the provisions of this article is hereby declared a public nuisance and shall be abated pursuant to all available remedies. (Ord. No. 19-O-0036, § 1, 11-4-2019) Sec. 9-747. Violations. Violations of this article may be enforced in accordance with the provisions of section 1-8 of this Code. (Ord. No. 19-O-0036, § 1, 11-4-2019) ARTICLE XXX. OUTSIDE SEATING IN THE PUBLIC RIGHT-OF-WAY Sec. 9-748. Exemptions. This article shall not be applicable to persons, businesses, or organizations that have outside seating when such seating is located entirely on private property owned or leased by the entity. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-749. License required. It shall be unlawful for any person, business, or organization to place any tables, chairs, or any other type of seating on a public sidewalk without first obtaining approval of a license agreement for such from the City of West Chicago. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-750. License agreement. A license agreement shall be applied for each year in which a seating area on a public sidewalk is proposed. A license agreement shall expire on November 1st of the year it was issued. License agreements are nontransferable and may not be assigned to a third-party. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-751. Location. The seating area shall be located on the side of the public sidewalk furthest away from a street and all tables and chairs shall be located up against the building. A seating area along the street side of a sidewalk is prohibited. The seating area shall not obstruct ingress to and egress from the licensed business nor any other business. A site plan shall be submitted at the time of application for a license agreement indicating the number and location of tables and chairs. (Ord. No.22-O-0019, § 2, 5-16-2022) Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 121 of 123 ===== PDF PAGE 128 ===== [Extraction: embedded PDF text] Sec. 9-752. Minimum pedestrian clearance A minimum of thirty-six (36) inches in width shall remain free and clear from any obstructions on the sidewalk within the public right-of-way for pedestrian traffic. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-753. Prohibited activities. (a) No food or drink preparation may occur in the seating area or elsewhere on the public sidewalk. (b) No dishes, utensils, menus, or other similar items may be stored in the seating area or elsewhere on the public sidewalk. (c) No host/hostess station may be located in the seating area or elsewhere on the public sidewalk. (d) In addition to any requirement of the Smoke Free Illinois Act (410 ILCS 82), no smoking shall be permitted within fifteen (15) [feet] of the seating area. (e) No alcohol may be served within the seating area unless a Class L license has been issued by the city. A Class L license shall allow alcohol to be served and consumed in the seating area but in no event shall alcohol be served or consumed elsewhere on the public sidewalk. (f) No video gaming devices may be located in the seating area or elsewhere on the public sidewalk. (g) No speakers or other outdoor amplification, including live entertainment, is permitted outside of the building. No speakers or other amplification, including live entertainment, originating from within the building may be situated or positioned with the intention of being heard from the seating area. (h) No signage, balloons, streamers, pennants, spinners, or any other object with the sole purpose of attracting vehicles or pedestrians to the seating area is permitted within any portion of the public right-of-way. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-754. Maintenance. The seating area and nearby sidewalk shall be maintained at all times in a clean, healthy and attractive condition. This maintenance shall be the responsibility solely of the business. All trash originating in the seating area shall be disposed of within the building. No litter shall occur within the public right-of-way as a result of the seating area at any time. If the city determines this requirement is not being met, the city may issue a notice of violation to the licensee requiring immediate removal of litter by licensee. If any litter originating from the seating area requires removal by the city, the licensee shall be required to pay the licensor the cost of removal. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-755. Duration. An approved seating area shall be permitted on the public sidewalk only between May 1st and October 31st. The seating area shall be completely removed from the public sidewalk no later than November 1st. (Ord. No.22-O-0019, § 2, 5-16-2022) Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 122 of 123 ===== PDF PAGE 129 ===== [Extraction: embedded PDF text] Sec. 9-756. Liability insurance. Licensee shall purchase and maintain comprehensive general liability insurance of one million dollars ($1,000,000.00) for each occurrence and a general aggregate limit for professional liability insurance no less than two million dollars ($2,000,000.00). The City of West Chicago, its officials, agents, employees, and volunteers shall be named as additionally insured. The additional insured is covered with respect to liability arising out of any bodily injury, death of any person, or property damage resulting from the use of the public right-of-way for the seating area. No endorsements or additional forms shall modify or limit coverage provided to additional insured. Coverage provided to additional insured shall be primary as it relates to use of public right-of-way for the seating area. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-757. Application fee. The application fee for a license agreement shall be as prescribed in Appendix G. (Ord. No.22-O-0019, § 2, 5-16-2022) Sec. 9-758. Failure to comply. Failure to comply with any requirements contained in this article, or any requirement contained in the approved license agreement, may be cause for revocation of the license agreement. (Ord. No.22-O-0019, § 2, 5-16-2022) Created: 2025-08-27 12:15:13 [EST] (Supp. No. 145) Page 123 of 123