Come and Enjoy the annual Warren Christmas Walk on Monday, December 4, 2017 from 4:30pm – 7:30pm. There will be a parade, visit with Santa, many businesses will be open – please stop by and see what they have to offer.  Also the Festival of Trees at the Warren Community Building.

 

Title XI Business Regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     TITLE XI:  BUSINESS REGULATIONS

 

Chapter

 

              110.       LICENSING PROVISIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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2     Warren – Business Regulations

 

    CHAPTER 110:  LICENSING PROVISIONS

 

 

Section

 

        General Provisions

 

110.01  Signature attesting delivery upon payment of fee

110.02  Receipts for license payments

110.03  Licenses subject to regulations

110.04  Revocation

110.05  Information to be included

110.06  Exhibition upon demand

110.07  Records of Clerk

110.08  Expiration, notification, renewal or failure to renew

110.09  Transferability

110.10  Use by person other than licensee

110.11  Expiration dates

 

Specific Licenses

 

110.25  Alcoholic beverages

110.26  Amusements, circuses and shows

110.27  Billiards, bowling alleys and the like

110.28  Bed and breakfast establishments

110.29  Peddlers and solicitors

110.30  Telecommunications infrastructure fee

110.31  Unwholesome food

110.32  Milk and milk products

 

110.99  Penalty

Cross-reference:

Barber shops; Sunday offering, see  132.09

Discriminatory housing practices, see  132.11

Franchise Agreements, see T.S.O. Table I

Garbage Collection; Recycling, see Ch. 50

 

 

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4 Warren – Business Regulations

 

 

    GENERAL PROVISIONS

 

 

 110.01  SIGNATURE ATTESTING DELIVERY UPON PAYMENT OF FEE.

 

All licenses or permits issued by the village shall be signed by the Village President and attested by the Village Clerk under the village seal and shall be delivered to the applicant therefor by the Clerk upon payment of the required fee.

(>87 Code,  14‑1)

 

 

 110.02  RECEIPTS FOR LICENSE PAYMENTS.

 

The Village Clerk shall receipt for all monies received by him or her on account of licenses.  His or her receipt shall be a discharge of the fee to the extent thereof.

(>87 Code,  14‑2)

 

 

 110.03  LICENSES SUBJECT TO REGULATIONS.

 

All licenses and permits issued by the village shall be taken and held subject to this chapter and all ordinances and police regulations.

(>87 Code,  14‑3)

 

 

 110.04  REVOCATION.

 

All licenses and/or permits issued by the village shall be subject to revocation by the Village Board upon refunding the fee paid for the unexpired period of the license.  Except where otherwise provided, upon the conviction of any person of a breach of a provision of this chapter or an ordinance of the village regulating the business thereby licensed, the Village Board may, in its discretion, declare the licenses forfeited without the payment required.

(>87 Code,  14‑4)

 

 

 110.05  INFORMATION TO BE INCLUDED.

 

(A)       Every license/permit shall contain the name in full of the person to whom the same is granted, the kind of business thereby authorized, the time covered by the same and where the person is to conduct the business, giving the street and number of the building where the business is to be carried on if a local business.

 

(B)  The license and/or permit shall not protect the holder thereof beyond its express terms.

(>87 Code,  14‑5)

 

     Licensing Provisions 5

 

 

 110.06  EXHIBITING UPON DEMAND.

 

Every person holding a license and/or permit shall, upon demand, exhibit the same to any village officer.

(>87 Code,  14‑6)

 

 

 110.07  RECORDS OF CLERK.

 

The Village Clerk shall keep a record of all licenses and/or permits granted by the village, showing to whom the same was granted, the character or kind of license and/or permit granted, the term for which granted and the date of expiration thereof.

(>87 Code,  14‑7)

 

 

 110.08  EXPIRATION, NOTIFICATION, RENEWAL OR FAILURE TO RENEW.

 

(A)  At the expiration of each month, the Village Clerk shall determine which license and/or permit will expire during the succeeding month and shall call upon each person engaged in a business requiring a license and make demand for the license and/or permit fee for the next ensuing license period provided hereby.

 

(B)  In case the sum so demanded shall not then be paid and the person so refusing payment shall not then discontinue the business requiring license, the Village Clerk shall immediately report the fact to the Village President, who shall immediately proceed against the person for the recovery of the amount due for his or her license and also for the penalty provided for conducting the business without a license and/or permit.

(>87 Code,  14‑8)

 

 

 110.09  TRANSFERABILITY.

 

No license shall be assignable or transferable without the consent of the Village Board.

(>87 Code,  14‑9)

 

 

 110.10  USE BY PERSON OTHER THAN LICENSEE.

 

No license and/or permit shall authorize any person other than the one named therein to do business or act under it.

(>87 Code,  14‑10)

 

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 110.11  EXPIRATION DATES.

 

(A)  All licenses and/or permits, except of auctioneers, hawkers and peddlers, for shows, theatrical performances and other like exhibitions and of transient merchants or vendors of merchandise, shall run to and expire with either April 30 or October 31.

 

(B)  All licenses and/or permits shall expire not later than April 30, next after the date thereof.

(>87 Code,  14‑11)

 

 

 

SPECIFIC LICENSES

 

 

 110.25  ALCOHOLIC BEVERAGES.

 

(A)  (1)  It shall be unlawful for any person to consume any alcoholic beverage upon any public street or byway in the village or in any public place in the village. 

(>87 Code,  3‑1)

 

(a)    Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of alcoholic liquor or have the alcoholic liquor in his or her possession.

 

(b)    If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years.  Adequate written evidence of age and identity of the person is a document issued by federal, state, county or municipal government or subdivision or agency thereof, including but not limited to a motor vehicle operator=s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces.  Proof that the defendant-licensee or his or her employee or agent demanded, was shown and reasonably relied upon the written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

 

(c)    No person shall sell, give or furnish to any person under the age of 21 years any false or fraudulent written, printed or photostatic evidence of age and identity of the person or sell, give or furnish to any person under the age of 21 years evidence of age and identification of any other person.

 

(d)    No person shall transfer, alter or deface an identification card, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by

 

     Licensing Provisions 7

 

 

means of false information.  No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section.  The consumption of alcoholic liquor by any person under 21 years of age is forbidden.

 

(e)    The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of the minor in the privacy of a home, is not prohibited by this section.

(>87 Code,  3‑2)

 

(2)       (a)   It shall be unlawful for any person to leave any licensed premises or to carry out from the premises onto any public way an open container or alcoholic beverage.

 

(b)    It shall be unlawful for any person to carry onto any public way any open container or alcoholic beverage.

(>87 Code,  3‑3)

 

(B)  (1)       License regulations are as follows.

 

(a)    A license shall be required for retail sales, no person shall sell, keep, offer or expose for sale or furnish any alcoholic liquor for beverage purposes, for sale at retail, within the corporate limits of the village, without being first licensed to do so by the village.

 

(b)    A license shall be purely a personal privilege, issued only in the name of the owner of the business conducted upon the licensed premises, valid for not to exceed one year after issuance, unless sooner revoked, and shall not be alienable, or transferrable voluntarily or involuntarily, except as herein provided, the license shall permit the sale of alcoholic liquors, only in the premises described in the application for licenses.  A license shall be issued to one individual, corporation or club only, except in the case of a bona fide partnership as demonstrated by proof satisfactory to the Liquor Commissioner.

 

(c)    A license shall become invalid whenever a holder of a license ceases to actually operate the business for which the license was issued.  Any licensed business shall be deemed to have ceased doing business when the business does not operate continuously for a period of eight consecutive months in any 12‑month period.

 

(d)    The Liquor Commissioner shall keep a complete record of all licenses issued, surrendered, canceled, transferred, changed as to location, revoked or suspended.  He or she shall furnish the Village Clerk, Village Treasurer and Chief of Police with a copy thereof, and shall notify in writing each of the officers of any change in the list within 48 hours of the action.

(>87 Code,  3‑12)

 

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(2)       All fees received for the payment of licenses under this section shall be deposited in the general fund of the village. 

(>87 Code,  3‑13)

 

(3)       (a)   A Class AA@ license shall authorize the sale of alcoholic liquor for consumption on the premises, or otherwise, in original packages, or otherwise, between the hours of 7:00 a.m. and 1:00 a.m. of the following day, Monday through Saturday.  No Class AA@ license shall be issued to clubs, grocery stores, drug stores or self-service stores.  The annual fee for the licenses shall be $700 per year.

 

(b)    A Class AB@ license shall authorize the retail sale of beer and wine in package form, but not for consumption on the premises and only between the hours of 7:00 a.m. and 12:00 a.m. daily, except Sundays.  Sale of beer and wine in package form shall be allowed on Sundays, from 11:00 a.m. till 10:00 p.m.  The annual fee for the license shall be the sum of $300 per year, payable as provided hereafter.  There shall be no limit to the number of licenses issued under the Class AB@ license.

 

(c)    A Class AC@ license shall authorize the retail sale of alcoholic liquor as well as beer, ale and wine in package form, but not for consumption on the premises and only between the hours of 7:00 a.m. and 12:00 a.m. daily, except Sundays.  Sale of alcoholic liquor and beer, ale and wine in package form shall be allowed on Sundays, from 11:00 a.m. till 10:00 p.m.  The annual fee for the license shall be the sum of $450 per year, payable as provided hereafter.  There shall be no more than three licenses issued under the Class AC@ license.

(>87 Code,  3‑14)  (Am. Ord. passed 2‑10‑97)

 

(4)       There shall be a limit of five licenses issued by the Village Board regarding Class AA@ licenses. 

(>87 Code,  3‑15)

 

(5)       No license of any class shall be issued to or renewed for:

 

(a)    A person who is not a resident of the village; voting residence required;

 

(b)    A person who is not of good character;

 

(c)    A person who is not a citizen of the United States;

 

(d)    A person who has been convicted of a felony under the laws of any state;

 

(e)    A person who has been convicted of being a keeper, or is a keeper, of a house of ill fame;

 

(f)      A person who has been convicted of any crime or misdemeanor opposed to decency or morality;

 

     Licensing Provisions 9

 

 

(g)    A person whose license has been revoked for cause;

 

(h)    A partnership unless all of the members of the partnership are qualified hereunder;

 

(i)      A corporation, if any officer, manager or director thereof, or any stockholder or stockholders thereof owning in the aggregate more than 5% of the stock of the corporation, are unqualified hereunder, for any other reason other than citizenship and residence;

 

(j)      A person whose place of business is conducted by a manager or agent unless the manager or agent possessed the same qualifications required of a license;

 

(k)    A person who does not own the premises for which a license is sought, or does not have a written lease thereon for the full period for which a license is to be issued; and/or

 

(l)      Any law enforcing public official, including any member of the Police Department, the President of the Board of Trustees, any Trustee or officer of the village.  None of these individuals shall be involved in any way, either directly or indirectly, in the sale or distribution of alcoholic liquor.

(>87 Code,  3‑16)

 

(6)       Application for the issuance or renewal of a license shall be made to the Liquor Commissioner, upon forms furnished by him or her, and shall be filed with the Village Clerk.  The application shall be accompanied by the executed bond or certificate of dram shop insurance as hereinafter required, and by the deposit of a certified or cashier=s check or cash, in a least one-half of the amount of the annual license fee.  The Village Clerk shall have no authority to receive or receipt for any application or installment payment not fulfilling all of the requirements and any deficient payment or application shall be totally null and void.  To provide for investigation and consideration, no new license shall be issued until at least 60 days after filing of the application.  Applications for license renewal must be filed on or before June 1 in each year.  Failure, for any reason whatsoever to file a proper and adequate application for renewal on that date, or to pay the second installment of the license fee, if due, on or before January 1 of each year, in cash or its equivalent, as hereinbefore provided, shall be deemed to be a final and irrevocable surrender and cancellation of that particular license, automatically as of the last day for which the existing license is paid, without the necessity of any notice or proceedings whatsoever, provided, however, that the Village Clerk shall, at least 30 days prior to the last day for making a renewal application or installment payment, give notice by U.S. certified mail, to all licensees of the final day for renewal of applications or installment payments. 

(>87 Code,  3‑17)

 

(7)       (a)   All licenses shall be payable in two equal installments, on July 1 and January 1 of each year.  All licenses shall expire on June 30 next, after date of issue.  For new licenses issued between January 1 and June 30, in any year, the fee for the remainder of the annual period, shall be one-half of the annual fee, for new licenses issued between July and December 31, in any year, the full annual fee shall be payable.

 

10 Warren – Business Regulations

 

 

(b)    No licenses shall be transferred until after the expiration of 60 days from the filing of the application.

 

(c)    Failure to file the application within ten days after sale, death or other event causing cessation of business by a licensee shall be deemed a cancellation and surrender of the license, without notice, in the same manner as failure to apply for renewal, as herein provided, provided however, that where the business cessation is voluntary, the Liquor Commissioner may, within a ten-day period, extend the time for filing the application for transfer for a reasonable period not to exceed 60 days.

 

(d)    A location specified in an application for license may be changed with the written consent of the Liquor Commissioner, if the new location is proper under the laws of the state and this section.

(>87 Code,  3‑18)

 

(8)       (a)   Any license may be revoked or suspended for cause by the Liquor Commissioner, after notice in writing, served either by certified mail, personal service or posting notice in the premises, and after a public hearing, violation of any provisions of this section, indebtedness to the village, for any reason other than license fees required by this section, conviction of offenses, or forfeiture of bond in connection therewith, or misstatement or withholding of material information in application for license shall be deemed cause for revocation or suspension of license, for the purpose of this section.

 

(b)    Every licensee shall be deemed responsible for the unlawful acts of him or her, his or her agents or employees whether or not the licensee knowingly permits or has knowledge of the unlawful acts.

 

(c)    Special entertainment activities.

 

1.      Liquor license holders desiring to hold special entertainment activities or events that require extended hours or might be considered risque or might tend to arouse or titillate the audience must first request and receive permission of the Board of Trustees, such events include but are not limited to:

 

a.      Male or female dancers or strippers;

 

b.      Wet T-shirt or wet shorts contests;

 

c. Mud, Jell-O, oil wrestling;

 

d.      Fashion shows; and

 

e.      Late closing or extended hours requests.

 

 

 

 

 

2002 S-1

 

     Licensing Provisions                 10A

 

 

2.      License holders may apply for a special entertainment activity permit from the Village Clerk on forms that may be obtained from the Village Hall. The permit application shall include a reasonably detailed description of the special entertainment activity requested and reasons for any request for extended hours.

 

3.      Permit applications must be submitted at least 30 days prior the date of the requested activity.

 

4.      The permit shall also provide that in the appropriate case, the applicant agrees to pay a fee designed to offset any additional hours of police protection. This fee shall be computed at a rate of $25 per hour.

 

5.      The application shall be considered by the Village Board of Trustees, who shall, in their sole discretion, determine whether to approve or deny the permit.

(>87 Code,  3‑19)  (Am. Ord. passed 9-23-02)

 

(9)       No licensee under the provisions of this section shall either individually or through his or her agents or employees:

 

(a)    Sell or possess for sale any package containing alcoholic liquor unless the same shall have affixed thereto all canceled revenue stamps which may be required by state of federal law;

 

(b)    Sell alcoholic liquor during prohibited hours;

 

(c)    It shall be unlawful for any Class AA@ license holder to fail, neglect or refuse to lock all doors and entrances to licensed premises and to keep the same continuously locked during prohibited hours, excepting only that said doors and entrances may be temporarily unlocked from time to time during prohibited hours to permit the egress of any person or permit the ingress only of authorized persons as hereinafter specified; to permit or allow any person, excepting only the following authorized

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2002 S-1

 

10B Warren – Business Regulations

 

     Licensing Provisions                    11

 

 

persons, to-wit:  licensee, his or her spouse, employees, independent contractors, including professionals called to the licensed premises by the licensee, his or her spouse or employees, to render services on the licensed premises at any lime during the prohibited hours except for the first half-hour after the commencement of prohibited hours on any day; 

(Am. Ord. passed 2‑10‑97)

 

(d)    Permit any gambling on the premises;

 

(e)    Permit any intoxicated person to loiter on the licensed premises or permit any conduct which shall tend to disturb the peace or quiet of the neighborhood or the premises;

 

(f)      Serve or permit any person to consume any alcoholic liquor in any curtained booth or enclosure;

 

(g)    Make sales of alcoholic liquor in excess of or contrary to the powers granted in the license for the premises in violation of the Liquor Control Act of the state or in violation of any other statute of the state;

 

(h)    Serve any alcoholic beverage to any person for consumption on the streets of the village or any theater or any other public place in the village or to any person in motor vehicles on the streets;

 

(i)      Permit any person to consume any alcoholic liquor on the licensed premises unless the alcoholic liquor has been purchased on the premises;

 

(j)      Sell alcoholic liquor to any person under the age of 21 years or to any intoxicated person, habitual drunkard, spendthrift, insane, mentally ill, mentally deficient person or person in need of mental treatment;

 

(k)    Employ or permit any person under the age of 21 years to draw, pour or mix alcoholic liquor;

 

(l)      Have in his or her possession or have registered in his, her or its name, a federal watering stamp or stamps as provided by the Revenue Acts of the United States of America;

 

    (m)       Fail to extinguish the lighting or any electric or neon sign which advertises any tavern or alcoholic liquor and which is mounted on the exterior of any licensed premises during prohibited hours;

 

(n)    Permit any person under the age of 21 years of age, other than an employee, to be in or on any premises, except those premises on which alcoholic liquor in the original package only is sold at any lime unless the person is accompanied by his or her parent, legal guardian or spouse who is at least 21 years of age; and (On premises where the bar, liquor facilities and alcoholic liquors are located

 

12 Warren – Business Regulations

 

 

in a separate room from the remainder of the building or structure, the term Alicensed premises@ shall refer only to the separate room.) 

(Am. Ord. passed 2‑10‑97)

 

(o)    Prevent or refuse the inspection of the licensed premises by the Liquor Commissioner or his or her designated agent or any police officer of the village, without a search warrant, at any time.

(>87 Code,  3‑20)

 

     (10)  It shall be unlawful for any bartender, servant or employee of a licensee to commit any of the offenses enumerated herein. 

(>87 Code,  3‑20.5)

 

(C)  (1)       Prohibited hours of sale shall be between 1:00 a.m. and 7:00 a.m. and Monday through Saturday  (the inverse of the hours as set forth in division (B) of this section).  It shall be unlawful for any person to consume any alcoholic liquor on any licensed premises during prohibited hours. 

(>87 Code,  3‑23)

 

(2)       (a)   All persons licensed for the retail sale of alcoholic liquor for consumption on the premises under the provisions of this chapter shall be allowed Sunday hours from 11:00 a.m. to 10:00 p.m.

 

(b)    The annual fee for a Class AA@ license shall remain at $700.

(>87 Code,  3‑24)

 

(3)  It shall be unlawful for any person to consume any alcoholic liquor on any licensed premises unless the alcoholic liquor has been purchased from the licensee. 

(>87 Code,  3‑25)

 

(4)       (a)   It shall be unlawful for any person under the age of 21 years to purchase any alcoholic liquor.

 

(b)    It shall be unlawful for any intoxicated person, habitual drunkard or spendthrift to purchase alcoholic liquor.

 

(c)    It shall be unlawful for any person under the age of 21 years or any other person to misrepresent the age of the person who is under the age of 21 for the purpose of inducing any licensee, servant or employee to sell or give any person under the age of 21 years any alcoholic liquor.

 

(d)    It shall be unlawful for any person under the age of 21 years or any other person to misrepresent the age of the person under the age of 21 years for the purpose of inducing any licensee, servant or employee to sell or give any person under the age of 21 years any alcoholic liquor or to permit any person under the age of 21 years to be upon the licensed premises.

 

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(e)   Each licensee shall display in a prominent place in the licensed premises a card or sign warning persons under the age of 21 years of the penalties for the violation of any of the provisions of this section.

(>87 Code,  3‑26)

 

(5)       (a)   It shall be unlawful for any person under the age of 21 years to be in or on any licensed premises, except premises on which alcoholic liquor in the original package only is sold, at any time unless the person is accompanied by his or her parent, legal guardian or spouse who is at least 21 years of age.

 

(b)    Likewise, it shall be unlawful for any parent or legal guardian to knowingly permit his or her child or ward under the age of 21 years to go upon or into any licensed premises in violation of the provisions of this section.

(’87 Code,  3‑27)

 

(6)       (a)   It shall be unlawful for any person to purchase for, offer to purchase for, sell, offer to sell, dispense or give away any alcoholic liquor to persons under the age of 21 years.

 

(b)    It shall be unlawful for any person to purchase for, offer to purchase for, sell, offer to sell, dispense or give away any alcoholic liquor to any person under the age of 21 years.

(’87 Code,  3‑28)

 

(7)       (a)   All licensed premises shall be kept in a clean, ventilated and sanitary condition and shall be kept in full compliance with the ordinances and statutes regulating the condition of the premises used for the storage or sale of food for human consumption.

 

(b)    All sinks and particularly those at the bars and counters used for the cleaning and sterilizing of glasses, dishes, receptacles and utensils shall be provided with running hot and cold water.

 

(c)    All glasses, utensils and other appliances used in preparation, service and sale of alcoholic liquors shall be properly cleaned and sterilized with steam, or warm water and chemicals approved by the state, after each use, and no utensil shall under any circumstances be used a second time until it shall have been so cleaned and sterilized.

(’87 Code,  3‑29)

 

(8)       (a)       Entertainment, including personal appearances of amateur or professional entertainers, or the showing of commercially produced pictures shall be prohibited on all premises dealing in alcoholic beverages.

 

(b)    This prohibition does not include musical instruments, radio, electrical transcribing machines, phonographs, patron dancing or television.

(’87 Code,  3‑30)

 

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(9)       (a)   Upon application to the Village Board, Class “A” licensees may receive permission to establish a beer garden as an attachment or addition to their current establishment.

 

(b)    For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

BEER GARDEN.  An area or yard surrounded by a woven wooden fence of not less than seven feet in height where food and beverages may be served.

 

(c)    Patrons of a beer garden will be allowed admittance to a beer garden only through the currently licensed indoor establishment.  Any gate constructed in the woven wooden fence described above must be kept locked to restrict entry during the hours which a Class “A” licensee is allowed to have the establishment open for business.  A beer garden must be closed during the hours set out in the requirements for a Class “A” license herein.

(’87 Code,  3‑31) 

 

(D)       Registration and documentation of retail sales of keg alcoholic beverages.

 

(1)       Purpose. 

 

(a)    The identification of purchasers/providers of keg alcoholic beverages is a major law enforcement concern in the village and the county.

 

1.      When keg alcohol is found where underage persons are present, it is necessary to readily identify those responsible. 

 

2.      The investigation of crimes involving the furnishing of alcohol to minors, and related crimes involving keg alcohol beverage, is inhibited by the inability to identify who purchased the keg alcohol.

 

(b)       Registration/identification information must be available on all keg alcohol beverage in the village and the county.

 

(c)    Individual identification number, purchaser and retail seller identity information will better enable law enforcement to identify providers of keg alcoholic beverages to underage persons.

 

(d)       Therefore, it is in the public interest to ordain reasonable keg registration/identification rules as hereinafter set forth.

 

(2)       Registration/return procedure.  All retail sales/purchases of alcoholic beverage by any keg packaging in the village for OFF‑SITE (at a location which does not hold a liquor license) consumption

 

 

 

 

2005 S-5

 

     Licensing Provisions                 14A

 

 

must comply with the following registration, documentation and labeling requirements and restrictions imposed by this division:

 

(a)       Purchasers shall provide current government‑issued photo identification, with the purchaser’s name, address, and individual identification number to the seller, who shall then record and document that information in a log.

 

1.      The log shall also contain the individual keg identification assigned to the keg by the seller, the date of sale, and indicate that the photo identification that was produced was matched to the purchaser.

 

2.      This information shall be kept by the seller for a minimum period of six months from the date of sale;

 

(b)    1.       Sellers shall assign, record and attach an individual keg registration label/sticker to each retail keg sold for off‑site consumption, at or before the time of sale to the purchaser.

 

2.      The label/sticker shall also include a prominent warning thereon that its alteration, damage or removal from the keg is illegal;

 

(c)    Sellers of keg alcohol shall obtain the individual keg identification labels/stickers from the Police Department.

 

1.      The Police Department shall record to whom the labels/stickers are distributed,  and restrict their distribution to licensed alcoholic beverage retailers.

 

2.      The Police Department shall keep the record of distribution for one year.

 

(d)    1.       Sellers shall collect a deposit in an amount set by the retailer for each keg.

 

2.       Purchasers shall return kegs to the retail seller where it was purchased with the individual keg registration label/sticker attached, intact and legible on or before 60 days from the date of sale or the deposit shall be forfeited;

 

(e)    Sellers shall record the date on which the keg is returned, who returned the keg, and indicate whether the keg identification label/sticker is present or absent by notation on the log;

 

(f)      1.       Sellers shall remove the individual keg identification label/stickers from the kegs when they are returned.

 

2.      The old label/stickers are to be destroyed;

 

 

 

 

2006 S-5

 

14B Warren – Business Regulations

 

 

(g)    Sellers shall produce keg registration logs/records to law enforcement upon request.

 

1.      A law enforcement request for records shall be prospective only.

 

2.      A request shall only be honored for records 12 hours old or older.

 

(h)    This division does not apply to keg sales to liquor license permittees.

 

(3)       Keg possession requirements/restrictions. No person shall possess a keg container of alcoholic beverage purchased within the village for consumption off‑site, after the effective date of this division, without an intact and legible individual keg identification label/sticker attached (except for retail sellers of keg alcohol and liquor license permittees).

 

(4)       Keg sticker/label prohibitions.  No person shall alter, damage, destroy or remove the individual keg label/sticker, which is described and required by this division or other county ordinance/law, after it has been attached to the keg (except retail sellers of keg alcohol.)

 

(E)  (1)       Purpose.  Consistent enforcement and penalties for violations of the village Liquor Licensing Ordinance is in the best interest of the village and the license holders.

 

(2)       Education. All license holders must attend a one hour training session annually as directed by the Police Chief.  The training will be available for employees of the license holder, but it will be a violation for the license holder to fail to attend the mandatory annual training.

 

(3)       Penalty schedule.  Including any penalty that may be imposed by the Circuit Court of Jo Daviess County, Illinois, village liquor license holders may be punished as follows:

 

(a)    First violation/penalty.  The first violation of the requirements and/or restrictions imposed by this chapter shall be subject to a fine not to exceed $250.

 

(b)    Second violation/penalty.  The first violation of the requirements and/or restrictions imposed by this chapter shall be subject to a fine not to exceed $500, plus license suspension as may be directed by the Liquor Commissioner.

 

(c)    Third violation/penalty. The first violation of the requirements and/or restrictions imposed by this chapter shall be subject to a fine not to exceed $750, plus license suspension or revocation as may be directed by the Liquor Commissioner.

 

(4)  If the license holder has not had a violation resulting in a fine for more than three years prior to the current violation, the license holder shall be treated and punished as if it were the first offense.

(Am. Ord. passed 7‑10‑06; Am. Ord. passed 6-11-07)  Penalty, see  110.99

 

 

2007 S-6

 

     Licensing Provisions                 14C

 

 

 110.26  AMUSEMENTS, CIRCUSES AND SHOWS.

 

(A)       Permits must be obtained for theatricals, shows, amusements, entertainments, circuses, merry-go-rounds and all public exhibitions for gain within the limits of the village. 

(’87 Code,  14‑22)

 

(B)  Any person desiring to secure a license/permit to keep or engage in the business or avocation of anything mentioned in division (A) above shall file with Village Clerk an application therefor in writing, setting forth the location of the building or room to be occupied, the kind of license and/or permit and the length of the time the same is wanted for. 

(’87 Code,  14‑35)

 

(C)  A license/permit granted under this section shall be signed by the President and attested under the seal of the village by the Clerk and shall state the name of the person to whom issued, the nature of the employment thereunder licensed, the time for which the license and/or permit is granted and the building or room to be occupied. 

(’87 Code,  14‑37)

 

(D)  Any business for which a license and/or permit is granted under this section shall be conducted at the place only. 

(’87 Code,  14‑38)

 

(E)  No license and/or permit issued under this section shall be transferable or assignable without the written consent of the President and Board of Trustees. 

(’87 Code,  14‑39)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2007 S-6

 

14D Warren – Business Regulations

 

     Licensing Provisions                    15

 

 

 110.27  BILLIARDS, BOWLING ALLEYS AND THE LIKE.

 

(A)  No person within the corporate limits of the village shall keep any billiard, bagatelle, pool, pigeon-hole table or any shooting gallery or any pin or bowling alley to be used or patronized by others for hire without first having obtained a license and/or permit to operate the place. 

(>87 Code,  14‑34)

 

(B)  Any person desiring to secure a license/permit to keep or engage in the business or avocation of any of the various games mentioned in division (A) above shall file with Village Clerk an application therefor in writing, setting forth the location of the building or room to be occupied, the kind of license and/or permit and the length of the time the same is wanted for. 

(>87 Code,  14‑35)

 

(C)  A license/permit granted under this section shall be signed by the President and attested under the seal of the village by the Clerk and shall state the name of the person to whom issued, the nature of the employment thereunder licensed, the time for which the license and/or permit is granted and the building or room to be occupied. 

(>87 Code,  14‑37)

 

(D)  Any business for which a license and/or permit is granted under this section shall be conducted at the place only. 

(>87 Code,  14‑38)

 

(E)  No license and/or permit issued under this section shall be transferable or assignable without the written consent of the President and Board of Trustees. 

(>87 Code,  14‑39)

 

(F)  An applicant for a licenses and/or permit for any business set out in division (A) above shall be charged per year the following license and/or permit fee:

 

(1)       For bowling alley:

 

(a)    For one alley:  $5;

 

(b)    For each additional alley kept by applicant in the same room or enclosure:  $3;

 

(2)       For a shooting gallery:  $25;

 

(3)       For a billiard table:

 

(a)    For one table:  $15;

 

16 Warren – Business Regulations

 

 

(b)    For each additional billiard table, kept by the applicant in the same room or enclosure:  $5;

 

(4)       For a bagatelle, pool or pigeon-hole table:

 

(a)    For one table:  $15;

 

(b)    For each additional table left in the same room or enclosure:  $5.

(>87 Code,  14‑40)

 

(G)  (1)       Every room or place of business kept open by virtue of any license granted under this section shall be subject to the inspection by the Chief of Police at any time the Chief of Police may deem it necessary to go into the same.

 

(2)       Any person hindering, resisting or opposing or attempting to hinder, resist or oppose the Chief of Police or any other police officer, while he or she may go into or attempt to go into the room or place of business, shall by subject to punishment.

(>87 Code,  14‑41)  Penalty, see  110.99

 

 

 110.28  BED AND BREAKFAST ESTABLISHMENTS.

 

(A)  (1)       The people of the state, as represented in the general assembly, have enacted a Public Act known and cited as the ABed and Breakfast Act,@ ILCS Ch. 50, Act 820,  1 et seq.  This section shall be interpreted and enforced in accordance with the provisions set forth in the public act, hereafter referred to as the AAct.@

 

(2)       For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BED AND BREAKFAST ESTABLISHMENT.  An owner-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12‑month period.  Breakfasts may be provided to guests only.  The term shall not include motels, hotels, boarding houses, or food service establishments.

 

GUEST ROOM.  A sleeping room to serve no more than two transient guests per night.

 

OPERATOR.  The owner of the bed and breakfast establishment or the owner=s agent, who is required to reside in the bed and breakfast establishment or on contiguous property.

(>87 Code,  14‑46)

 

(B)  (1)       Breakfast shall be coffee, rolls, juice or fresh fruit and cereal.

 

     Licensing Provisions                    17

 

 

(2)       Full breakfast with eggs, bacon, sausage and the like may be served provided the operator has completed the certification course offered by the County Health Department.

(>87 Code,  14‑47)

 

(C)  (1)       Milk shall be pasteurized Grade A.

 

(2)       All perishable food shall be refrigerated.

 

(3)       Use of home canned food is prohibited, except for jams and jellies.

 

(4)       Potentially hazardous food shall be at temperatures of 45°F or below or 140°F or above as appropriate.

 

(5)       Raw fruits and vegetables shall be washed thoroughly before use.

 

(6)       Meats shall be cooked to heat all parts to 165°F.

 

(7)       Portions of food once served to an individual may not be served again.

 

(8)       Live animals shall be excluded from food preparation areas.

 

(9)       Laundry facilities shall be separate from food preparation areas.

(>87 Code,  14‑48)

 

(D)  (1)       No person knowingly infected with a communicable disease that may be transmitted by food handling may work in a bed and breakfast establishment.

 

(2)  If the operator suspects that any employee, family member or the operator himself or herself has a communicable disease, the operator shall notify the County Health Department immediately.

(>87 Code,  14‑49)

 

(E)  (1)       Persons serving food shall wear clean outer garments.  They shall wash their hands before starting work and as often as is necessary while working.  After visiting a toilet room, persons shall wash their hands thoroughly in a lavatory, but never in the kitchen sink.

 

(2)       No one, while preparing or serving food, may use tobacco in any form.

(>87 Code,  14‑50)

 

(F)  (1)       Utensils shall be clean and in good repair.

 

(2)       Multi-use eating and drinking utensils shall be thoroughly cleaned after each use.

 

18 Warren – Business Regulations

 

 

(3)       Cooking surfaces shall be cleaned each day and at intervals when necessary.

 

(4)       Facilities needed for operations of washing, rinsing and sanitizing shall be provided.

 

(5)       Residential sinks and home-style mechanical dishwashing machines are acceptable.  Utensils shall be air-dried.

(>87 Code,  14‑51)

 

(G)  (1)       Immediately following washing of utensils, pots and pans, these utensils shall be sanitized by being submerged in a hypochlorite solution with a chlorine concentration maintained in 100 parts per million or another approved sanitizing solution which shall be approved by the County Health Department.

 

(2)       Dish pans may be used to accomplish the sanitation.  The reuse of single-service utensils is prohibited.

(>87 Code,  14‑52)

 

(H)  Each person who is provided accommodations shall be provided individual soap and clean individual bath cloths and towels.  Clean bed linen in good repair shall be provided for each guest and shall be changed between guests and as often as necessary. 

(>87 Code,  14‑53)

 

(I)    (1)       The Fire Chief of the village is to inspect the establishment.

 

(2)       Establishments shall meet the State Fire Marshal=s requirements for one- and two-family dwellings.  In addition, the following standards shall be required:

 

(a)    Manual extinguishing equipment shall be provided on each floor;

 

(b)    All combustibles or flammable liquids shall be stored in approved metal containers. No combustible storage in or under stairways;

 

(c)    All trash containers shall be metal;

 

(d)    No cooking facilities shall be permitted in guest rooms;

 

(e)    All hallways and stairways shall be adequately lighted;

 

(f)      No portable heating devices shall be permitted in guest rooms;

 

(g)    The operator shall submit a floor plan of bed and breakfast establishment to the local Fire Department; and

 

     Licensing Provisions                    19

 

 

(h)    Smoke alarms or detectors shall be placed in guest rooms and hallways.  More than one exit shall be provided which can be a window on second floor accessible to a roof to exit onto or a ladder that can be attached to a window providing there is not a window directly below.

(>87 Code,  14‑54)

 

(J)   The bed and breakfast establishment shall provide proof of liability insurance coverage of not less than $150,000 or $300,000. 

(>87 Code,  14‑55)

 

(K)  The bed and breakfast establishment shall be responsible for payment of all taxes including state and county applicable hotel taxes. 

(>87 Code,  14‑56)

 

(L)   The bed and breakfast establishment shall have adequate off-street parking. 

(>87 Code,  14‑57)

 

        (M)  Each bed and breakfast establishment shall be required to secure a license from the village to operate. 

(>87 Code,  14‑58)

 

(N)  (1)       The County Health Department=s fee to inspect is $50 annually and they are to collect this fee.

 

(2)       The village will not charge a fee for the license to be issued annually.

(>87 Code,  14‑59)  Penalty, see  110.99

Statutory reference:

Similar provisions, see ILCS Ch. 50, Act 820,  4 through 8

 

 

 110.29  PEDDLERS AND SOLICITORS.

 

(A)       Every person who shall sell or offer for sale, barter or exchange at retail, any food, drink, goods, wares or merchandise, traveling from place to place, in, along or upon the streets, avenues, alleys or other places of the village, or who shall sell or deliver from any wagon or other vehicle going from place to place in the village, whether to regular customers or not, any goods, wares or merchandise shall be deemed a peddler and shall before engaging in the business obtain a license as a peddler.  This section shall not apply to merchants permanently established and having a fixed place of business on private property within the village.

 

(B)  Any person violating the provisions of this section, or who shall upon request refuse to exhibit his or her license to any police officer of the village, shall be punished as provided herein.

 

20 Warren – Business Regulations

 

 

(C)  The provisions of this section shall not be construed to prohibit any farmer, fruit or vine grower or gardener or other person from selling or disposing of the products of a farm, orchard, vineyard or garden within the village.

(>87 Code,  17‑11)  Penalty, see  110.99

 

 

 110.30  TELECOMMUNICATIONS INFRASTRUCTURE FEE.

 

(A)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

GROSS CHARGES.  The amount paid to a telecommunications retailer for the act or privilege of originating or receiving telecommunications within the village, and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of the telecommunications, the cost of the materials used, labor or service costs or any other expense whatsoever.  In case credit is extended, the amount thereof shall be included only as and when paid.  GROSS CHARGES for private line service shall include charges imposed at each channel point within the village, charges for the channel mileage between each channel point within the village and charges for that portion of the interstate inter-office channel provided within the village.  However, GROSS CHARGES shall not include:

 

(a)    Any amounts added to a purchaser=s bill because of a charge made under:

 

1.      The fee imposed by this section;

 

2.       Additional charges added to a purchaser=s bill under the Public Utilities Act, ILCS Ch. 220, Act 5,  9‑221, 9‑222, and 9‑222.1;

 

3.      Amounts collected under ILCS Ch. 65, Act 5,  8‑11‑17 (the I.M.C.);

 

4.      The tax imposed by the Telecommunications Excise Tax Act, ILCS Ch. 35, Act 630,  1 et seq.;

 

5.      911 surcharges; or

 

6.      The tax imposed by Section 4251 of the Internal Revenue Code;

 

(b)    Charges for telecommunication received outside the village;

 

(c)    Charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content.

 

     Licensing Provisions                    21

 

 

The equipment includes, but is not limited to the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement;

 

(d)    Charges for customer equipment, including the equipment that is leased or rented by the customer from any source, wherein the charges are desegregated and separately identified from other charges;

 

(e)    Charges to business enterprises certified under the Public Utilities Act, ILCS Ch. 220, Act 5,  9‑222.1 to the extent of the exemption and during the period of time specified by the village;

 

(f)      Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit other than a regulatory required profit for the corporation rendering the services;

 

(g)    Bad debts; any portion of a debt that is related to a sale at or for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made;

 

(h)    Charges paid by inserting coins in coin-operated telecommunications devices; and

 

(i)      Charges for telecommunications and all services and equipment provided to the village.

 

PREPAID TELEPHONE CALLING ARRANGEMENTS.  As defined in ILCS Ch. 35, Act 120,  2‑27.

 

PUBLIC RIGHT-OF-WAY.  Any municipal street, alley, water or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the village has acquired the right and authority to locate or permit the location of utilities consistent with telecommunications facilities.  PUBLIC RIGHT-OF-WAY shall not include any real or personal village property that is not specifically described in the previous sentence and shall not include village buildings and other structures or improvements, regardless of whether they are situated in the public right-of-way.

 

RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE.  Any retailer having or maintaining within the state, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within this state under the authority of the retailer or its subsidiary, irrespective of whether the place of business or agent or other representative is located here permanently or temporarily, or whether the retailer or subsidiary is licensed to do business in the state.

 

22 Warren – Business Regulations

 

 

SALE OF TELECOMMUNICATIONS AT RETAIL.  The transmitting, supplying or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one corporation to another corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.

 

SERVICE ADDRESS.  The location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received.  If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, SERVICE ADDRESS means the customer=s place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act, ILCS Ch. 35, Act 638,  1 et seq.  For air-to-ground systems, and the like, SERVICE ADDRESS shall mean the location of the customer=s primary use of the telecommunications equipment as defined by the location in Illinois where bills are sent.

 

TELECOMMUNICATIONS.

 

(a)    Includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, private line services, specialized mobile radio services or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.  Unless the context clearly requires otherwise, TELECOMMUNICATIONS shall also include WIRELESS TELECOMMUNICATIONS, as hereinafter defined.  TELECOMMUNICATIONS shall not include value-added services in which computer-processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission.

 

(b)       TELECOMMUNICATIONS shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications.  Retailer access charges, right of access charges, charges for use of inter-company facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale.

 

(c)       TELECOMMUNICATIONS shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984, 47 USC 521 and following, as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the Rules of the Federal Communications Commission, 47 CFR 76.1550 and following, as now or hereafter amended.

 

(d)    Beginning January 1, 2001, prepaid telephone calling arrangements shall not be considered TELECOMMUNICATIONS subject to the tax imposed under this section.

 

     Licensing Provisions                    23

 

 

TELECOMMUNICATIONS PROVIDER.

 

(a)    Any telecommunications retailer; and

 

(b)    Any person that is not a telecommunications retailer that installs, owns, operates or controls equipment in the public right-of-way that is used or designed to be used to transmit telecommunications in any form.

 

TELECOMMUNICATIONS RETAILER, RETAILER or CARRIER.  Any person engaged in the business of making sales of telecommunications at retail as defined in this section.  The village may, in its discretion, upon application, authorize the collection of the fee hereby imposed by any retailer not maintaining a place of business within the state, who, to the satisfaction of the village, furnishes adequate security to ensure collection and payment of the fee.  When so authorized, it shall be the duty of the retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within the village.

 

WIRELESS TELECOMMUNICATIONS.  Cellular mobile telephone services, personal wireless services, as defined in  704(C) of the Telecommunications Act of 1996, P.L. 104‑104, 42 USC 332(c)(7), as now or hereafter amended, including all commercial mobile radio services and paging services.

 

(B)  (1)       Every telecommunications provider, as defined by this section, shall register with the village within 30 days after the effective date of this chapter or becoming a telecommunications provider, whichever is later, on a form to be provided by the village, provided, however, that any telecommunications retailer that has filed a return pursuant to division (D)(3) below shall be deemed to have registered in accordance with this section.

 

(2)       Every telecommunications provider who has registered with the village, pursuant to division (A) above, has an affirmative duty to submit an amended registration form or current return as required by division (D)(3) below, as the case may be, to the village within 30 days from the date of the occurrence of any changes in the information provided by the telecommunications provider in the registration form or most recent return on file with the village.

 

(C)  (1)       A village telecommunications infrastructure maintenance fee is hereby imposed upon all telecommunications retailers in the amount of 1.0% of all gross charges charged by the telecommunications retailer to service addresses within the village for telecommunications originating or received in the village.

 

(2)       Upon the effective date of the infrastructure maintenance fee authorized in this section, the village infrastructure maintenance fee authorized hereunder shall be the only fee or compensation for the use of all public rights-of-way within the village by telecommunications retailers.  Imposition of the infrastructure maintenance fee provided under this section does not, however, serve as a limitation on the levying of any taxes or imposition of any fees otherwise authorized by law.

 

24 Warren – Business Regulations

 

 

(3)       The village telecommunications infrastructure maintenance fee authorized by this section shall be collected, enforced and administered as set forth in division (D) below.

 

(D)  (1)       A telecommunications retailer shall charge to and collect from each customer an additional charge in an amount equal to the village infrastructure maintenance fee attributable to that customer=s service address.

 

(2)       Unless otherwise approved by the village the infrastructure maintenance fee shall be remitted by the telecommunications retailer to the village not later than the last day of the month subsequent to the month in which a bill is issued to the customer; provided, however, that the telecommunications retailer may retain an amount not to exceed 2% of the village infrastructure maintenance fee collected by it to reimburse itself for expenses incurred in accounting for and remitting the fee.

 

(3)       Remittance of the municipal infrastructure fee to the village shall be accompanied by a return, in a form to be prescribed by the village, which shall contain the information as the village may reasonably require.

 

(4)       Any infrastructure maintenance fee required to be collected pursuant to this section and any infrastructure maintenance fee collected by the telecommunications retailer shall constitute a debt owed by the telecommunications retailer to the village.  The charge imposed under division (D)(1) above by the telecommunications retailer pursuant to this section shall constitute a debt of the purchaser to the telecommunications retailer who provides the services until paid and, if unpaid, is recoverable at law in the same manner as the original charge for the service.

 

(5)  If it shall appear that an amount of infrastructure maintenance fee has been paid that was not due under the provisions of this section, whether as a result of a mistake of fact or an error of law, then the amount shall be credited against any infrastructure maintenance fee due, or to become due, under this section, from the telecommunications retailer who made the erroneous payment; provided, however, the village may request, and telecommunications retailer shall provide, written substantiation for the credit.  However, no claim for the credit may be made more than three years after the date of the erroneous payment unless:

 

(a)    The credit is used only to offset a claim of underpayment made by the village within the applicable statutory period of limitations; and

 

(b)    The credit derives from an overpayment made by the retailer during the applicable statutory period of limitations.

 

(6)       Amounts paid under this section by telecommunications retailers shall not be included in the tax base under any of the following acts as described immediately below:

 

     Licensing Provisions                    25

 

 

(a)    Gross charges for purposes of the Telecommunications Excise Tax Act, ILCS Ch. 35, Act 630,  1 et seq.;

 

(b)    Gross receipts for purposes of the municipal utility tax, as prescribed in the Illinois Municipal Code, ILCS Ch. 65, Act 5,  8‑11‑2;

 

(c)    Gross charges for purposes of the municipal telecommunications tax, as prescribed in the Illinois Municipal Code, ILCS Ch. 65, Act 5,  8‑11‑17; and

 

(d)    Gross revenue for purposes of the tax on annual gross revenue of public utilities, prescribed in the Public Utilities Act, ILCS Ch. 220, Act 5,  2‑202.

 

(7)       The village shall have the right, in its discretion, to audit the books and records of all telecommunications retailers subject to this section to determine whether the telecommunications retailer has properly accounted to the village for the village infrastructure maintenance fee.  Any underpayment of the amount of the village infrastructure maintenance fee due to the village by the telecommunications retailer shall be paid to the village, plus 5% of the total amount of the underpayment determined in an audit, plus any costs incurred by the village in conducting the audit, in an amount not to exceed 5% of the total amount of the underpayment determined in an audit.  The sum shall be paid to the village within 21 days after the date of issuance of an invoice for same.

 

(8)       The village may promulgate further or additional regulations concerning the administration and enforcement of this section, consistent with its provisions, as may be required from time to time and shall notify all telecommunications retailers that are registered pursuant to division (B) above of the regulations.

 

(E)       Nothing in this section shall excuse any person or entity from obligations imposed under any law, including, but not limited to:

 

(1)       Generally applicable taxes; and

 

(2)       Standards for construction on, over, under or within, use of or repair of the public rights-of-way, including standards relating to free standing towers and other structures upon the public rights-of-way, as provided; and

 

(3)       Any liability imposed for the failure to comply with the generally applicable taxes or standards governing construction on, over, under or within, use of or repair of the public rights-of-way; and

 

(4)       Compliance with any ordinance or provision of this section concerning uses or structures not located on, over or within the right-of-way.

 

26 Warren – Business Regulations

 

 

(F)  Any franchise, license or similar agreements between telecommunications retailers and the village entered into before the effective date of this section regarding the use of public rights-of-way shall remain valid according to and for their stated terms, except for any fees, charges or other compensation to the extent waived.

 

(G)       Nothing in this section shall be construed as limiting any additional or further remedies that the village may have for enforcement of this section.

(ILCS Ch. 35, Act 635,  10)  (Ord. passed 11‑18‑97)

Statutory reference:

Telecommunications Municipal Infrastructure Maintenance Fee Act, see ILCS Ch. 35, Act 635,

   1 et seq.

Limitation on amount of municipal fee, see ILCS Ch. 35, Act 635,  20

Editor=s note:

The State Supreme Court has ruled unconstitutional the provisions of ILCS Ch. 35, Act 635,  1

  et seq. which apply to wireless telecommunications providers.  Primeco Personal Communications,

  L.P., et al., v. the Illinois Commerce Commission et al., 196 Ill. 2d 70, 750 N.E.2d 202, 255 Ill.

  Dec. 621 (2001).  Other provisions of the authorizing statutes may be subject to future challenge.

  The code user should therefore consult with appropriate advisors as to the legal status of this code

  provision.

 

 

 110.31  UNWHOLESOME FOOD.

 

No article of food or drink intended for human use or consumption, nor any article of the food or drink, or which may be used in the consumption or preparation of the food or drink, not being healthy, fresh, sound, wholesome, fit and safe for the use.  No animal or fish that died by disease or accident, and no carcass of any calf, pig or lamb, which at the time of its death was less than four weeks old and no meat therefrom shall be brought within the limits of the village and offered, or held for sale, as food, anywhere in the village.

(>87 Code,  10‑1)  Penalty, see  110.99

 

 

 110.32  MILK AND MILK PRODUCTS.

 

The village recognizes the U.S. Department of Agriculture regulations on the sale of package goods of any milk or milk products.

(>87 Code,  10‑12)

 

 

 

 110.99  PENALTY.

 

(A)  Any person violating any of the provisions of this chapter for which no specific penalty is prescribed shall be subject to  10.99.

 

     Licensing Provisions                    27

 

 

(B)  (1)       Any person violating any provision of  110.25 shall be fined not less than $25 nor more than $750; for a second offense, not less than $50 nor more than $750; and for a third offense shall be fined not less than $100 nor more than $750.

 

(2)       The levy or payment of any penalty herein provided shall not be deemed a waiver of the power of the Liquor Commissioner to revoke or suspend any license and each day any offense continues shall be deemed a separate offense.

 

(3)       All fines and penalties imposed shall be recoverable and payable out of the bond of the licensee.

(>87 Code,  3‑21)

 

(C)  (1)       Any person violating any of  110.27 shall be subject to punishment as provided herein for each and every offense.

 

(2)       The violation shall work a forfeiture of the license and/or permit and all sums of money which may have been paid thereon, at the election of the President and Board of Trustees.

(>87 Code,  14‑42)

 

 

 

28

Warren – Business Regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     TITLE XI:  BUSINESS REGULATIONS

 

Chapter

 

              110.       LICENSING PROVISIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                    1

 

 

 

2     Warren – Business Regulations

 

 

 

    CHAPTER 110:  LICENSING PROVISIONS

 

 

Section

 

        General Provisions

 

110.01  Signature attesting delivery upon payment of fee

110.02  Receipts for license payments

110.03  Licenses subject to regulations

110.04  Revocation

110.05  Information to be included

110.06  Exhibition upon demand

110.07  Records of Clerk

110.08  Expiration, notification, renewal or failure to renew

110.09  Transferability

110.10  Use by person other than licensee

110.11  Expiration dates

 

Specific Licenses

 

110.25  Alcoholic beverages

110.26  Amusements, circuses and shows

110.27  Billiards, bowling alleys and the like

110.28  Bed and breakfast establishments

110.29  Peddlers and solicitors

110.30  Telecommunications infrastructure fee

110.31  Unwholesome food

110.32  Milk and milk products

 

110.99  Penalty

Cross-reference:

Barber shops; Sunday offering, see  132.09

Discriminatory housing practices, see  132.11

Franchise Agreements, see T.S.O. Table I

Garbage Collection; Recycling, see Ch. 50

 

 

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4Warren – Business Regulations

 

 

    GENERAL PROVISIONS

 

 

 110.01  SIGNATURE ATTESTING DELIVERY UPON PAYMENT OF FEE.

 

All licenses or permits issued by the village shall be signed by the Village President and attested by the Village Clerk under the village seal and shall be delivered to the applicant therefor by the Clerk upon payment of the required fee.

(>87 Code,  14‑1)

 

 

 110.02  RECEIPTS FOR LICENSE PAYMENTS.

 

The Village Clerk shall receipt for all monies received by him or her on account of licenses.  His or her receipt shall be a discharge of the fee to the extent thereof.

(>87 Code,  14‑2)

 

 

 110.03  LICENSES SUBJECT TO REGULATIONS.

 

All licenses and permits issued by the village shall be taken and held subject to this chapter and all ordinances and police regulations.

(>87 Code,  14‑3)

 

 

 110.04  REVOCATION.

 

All licenses and/or permits issued by the village shall be subject to revocation by the Village Board upon refunding the fee paid for the unexpired period of the license.  Except where otherwise provided, upon the conviction of any person of a breach of a provision of this chapter or an ordinance of the village regulating the business thereby licensed, the Village Board may, in its discretion, declare the licenses forfeited without the payment required.

(>87 Code,  14‑4)

 

 

 110.05  INFORMATION TO BE INCLUDED.

 

(A)       Every license/permit shall contain the name in full of the person to whom the same is granted, the kind of business thereby authorized, the time covered by the same and where the person is to conduct the business, giving the street and number of the building where the business is to be carried on if a local business.

 

(B)  The license and/or permit shall not protect the holder thereof beyond its express terms.

(>87 Code,  14‑5)

 

 

 

     Licensing Provisions5

 

 

 110.06  EXHIBITING UPON DEMAND.

 

Every person holding a license and/or permit shall, upon demand, exhibit the same to any village officer.

(>87 Code,  14‑6)

 

 

 110.07  RECORDS OF CLERK.

 

The Village Clerk shall keep a record of all licenses and/or permits granted by the village, showing to whom the same was granted, the character or kind of license and/or permit granted, the term for which granted and the date of expiration thereof.

(>87 Code,  14‑7)

 

 

 110.08  EXPIRATION, NOTIFICATION, RENEWAL OR FAILURE TO RENEW.

 

(A)  At the expiration of each month, the Village Clerk shall determine which license and/or permit will expire during the succeeding month and shall call upon each person engaged in a business requiring a license and make demand for the license and/or permit fee for the next ensuing license period provided hereby.

 

(B)  In case the sum so demanded shall not then be paid and the person so refusing payment shall not then discontinue the business requiring license, the Village Clerk shall immediately report the fact to the Village President, who shall immediately proceed against the person for the recovery of the amount due for his or her license and also for the penalty provided for conducting the business without a license and/or permit.

(>87 Code,  14‑8)

 

 

 110.09  TRANSFERABILITY.

 

No license shall be assignable or transferable without the consent of the Village Board.

(>87 Code,  14‑9)

 

 

 110.10  USE BY PERSON OTHER THAN LICENSEE.

 

No license and/or permit shall authorize any person other than the one named therein to do business or act under it.

(>87 Code,  14‑10)

 

 

 

6Warren – Business Regulations

 

 

 110.11  EXPIRATION DATES.

 

(A)  All licenses and/or permits, except of auctioneers, hawkers and peddlers, for shows, theatrical performances and other like exhibitions and of transient merchants or vendors of merchandise, shall run to and expire with either April 30 or October 31.

 

(B)  All licenses and/or permits shall expire not later than April 30, next after the date thereof.

(>87 Code,  14‑11)

 

 

 

SPECIFIC LICENSES

 

 

 110.25  ALCOHOLIC BEVERAGES.

 

(A)  (1)  It shall be unlawful for any person to consume any alcoholic beverage upon any public street or byway in the village or in any public place in the village. 

(>87 Code,  3‑1)

 

(a)    Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase or accept a gift of alcoholic liquor or have the alcoholic liquor in his or her possession.

 

(b)    If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years.  Adequate written evidence of age and identity of the person is a document issued by federal, state, county or municipal government or subdivision or agency thereof, including but not limited to a motor vehicle operator=s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces.  Proof that the defendant-licensee or his or her employee or agent demanded, was shown and reasonably relied upon the written evidence in any transaction, forbidden by this section is competent evidence and may be considered in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

 

(c)    No person shall sell, give or furnish to any person under the age of 21 years any false or fraudulent written, printed or photostatic evidence of age and identity of the person or sell, give or furnish to any person under the age of 21 years evidence of age and identification of any other person.

 

(d)    No person shall transfer, alter or deface an identification card, use the identification card of another, carry or use a false or forged identification card, or obtain an identification card by

 

 

 

     Licensing Provisions7

 

 

means of false information.  No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this section.  The consumption of alcoholic liquor by any person under 21 years of age is forbidden.

 

(e)    The possession and dispensing, or consumption by a minor of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of the minor in the privacy of a home, is not prohibited by this section.

(>87 Code,  3‑2)

 

(2)       (a)   It shall be unlawful for any person to leave any licensed premises or to carry out from the premises onto any public way an open container or alcoholic beverage.

 

(b)    It shall be unlawful for any person to carry onto any public way any open container or alcoholic beverage.

(>87 Code,  3‑3)

 

(B)  (1)       License regulations are as follows.

 

(a)    A license shall be required for retail sales, no person shall sell, keep, offer or expose for sale or furnish any alcoholic liquor for beverage purposes, for sale at retail, within the corporate limits of the village, without being first licensed to do so by the village.

 

(b)    A license shall be purely a personal privilege, issued only in the name of the owner of the business conducted upon the licensed premises, valid for not to exceed one year after issuance, unless sooner revoked, and shall not be alienable, or transferrable voluntarily or involuntarily, except as herein provided, the license shall permit the sale of alcoholic liquors, only in the premises described in the application for licenses.  A license shall be issued to one individual, corporation or club only, except in the case of a bona fide partnership as demonstrated by proof satisfactory to the Liquor Commissioner.

 

(c)    A license shall become invalid whenever a holder of a license ceases to actually operate the business for which the license was issued.  Any licensed business shall be deemed to have ceased doing business when the business does not operate continuously for a period of eight consecutive months in any 12‑month period.

 

(d)    The Liquor Commissioner shall keep a complete record of all licenses issued, surrendered, canceled, transferred, changed as to location, revoked or suspended.  He or she shall furnish the Village Clerk, Village Treasurer and Chief of Police with a copy thereof, and shall notify in writing each of the officers of any change in the list within 48 hours of the action.

(>87 Code,  3‑12)

 

 

 

8Warren – Business Regulations

 

 

(2)       All fees received for the payment of licenses under this section shall be deposited in the general fund of the village. 

(>87 Code,  3‑13)

 

(3)       (a)   A Class AA@ license shall authorize the sale of alcoholic liquor for consumption on the premises, or otherwise, in original packages, or otherwise, between the hours of 7:00 a.m. and 1:00 a.m. of the following day, Monday through Saturday.  No Class AA@ license shall be issued to clubs, grocery stores, drug stores or self-service stores.  The annual fee for the licenses shall be $700 per year.

 

(b)    A Class AB@ license shall authorize the retail sale of beer and wine in package form, but not for consumption on the premises and only between the hours of 7:00 a.m. and 12:00 a.m. daily, except Sundays.  Sale of beer and wine in package form shall be allowed on Sundays, from 11:00 a.m. till 10:00 p.m.  The annual fee for the license shall be the sum of $300 per year, payable as provided hereafter.  There shall be no limit to the number of licenses issued under the Class AB@ license.

 

(c)    A Class AC@ license shall authorize the retail sale of alcoholic liquor as well as beer, ale and wine in package form, but not for consumption on the premises and only between the hours of 7:00 a.m. and 12:00 a.m. daily, except Sundays.  Sale of alcoholic liquor and beer, ale and wine in package form shall be allowed on Sundays, from 11:00 a.m. till 10:00 p.m.  The annual fee for the license shall be the sum of $450 per year, payable as provided hereafter.  There shall be no more than three licenses issued under the Class AC@ license.

(>87 Code,  3‑14)  (Am. Ord. passed 2‑10‑97)

 

(4)       There shall be a limit of five licenses issued by the Village Board regarding Class AA@ licenses. 

(>87 Code,  3‑15)

 

(5)       No license of any class shall be issued to or renewed for:

 

(a)    A person who is not a resident of the village; voting residence required;

 

(b)    A person who is not of good character;

 

(c)    A person who is not a citizen of the United States;

 

(d)    A person who has been convicted of a felony under the laws of any state;

 

(e)    A person who has been convicted of being a keeper, or is a keeper, of a house of ill fame;

 

(f)      A person who has been convicted of any crime or misdemeanor opposed to decency or morality;

 

 

 

     Licensing Provisions9

 

 

(g)    A person whose license has been revoked for cause;

 

(h)    A partnership unless all of the members of the partnership are qualified hereunder;

 

(i)      A corporation, if any officer, manager or director thereof, or any stockholder or stockholders thereof owning in the aggregate more than 5% of the stock of the corporation, are unqualified hereunder, for any other reason other than citizenship and residence;

 

(j)      A person whose place of business is conducted by a manager or agent unless the manager or agent possessed the same qualifications required of a license;

 

(k)    A person who does not own the premises for which a license is sought, or does not have a written lease thereon for the full period for which a license is to be issued; and/or

 

(l)      Any law enforcing public official, including any member of the Police Department, the President of the Board of Trustees, any Trustee or officer of the village.  None of these individuals shall be involved in any way, either directly or indirectly, in the sale or distribution of alcoholic liquor.

(>87 Code,  3‑16)

 

(6)       Application for the issuance or renewal of a license shall be made to the Liquor Commissioner, upon forms furnished by him or her, and shall be filed with the Village Clerk.  The application shall be accompanied by the executed bond or certificate of dram shop insurance as hereinafter required, and by the deposit of a certified or cashier=s check or cash, in a least one-half of the amount of the annual license fee.  The Village Clerk shall have no authority to receive or receipt for any application or installment payment not fulfilling all of the requirements and any deficient payment or application shall be totally null and void.  To provide for investigation and consideration, no new license shall be issued until at least 60 days after filing of the application.  Applications for license renewal must be filed on or before June 1 in each year.  Failure, for any reason whatsoever to file a proper and adequate application for renewal on that date, or to pay the second installment of the license fee, if due, on or before January 1 of each year, in cash or its equivalent, as hereinbefore provided, shall be deemed to be a final and irrevocable surrender and cancellation of that particular license, automatically as of the last day for which the existing license is paid, without the necessity of any notice or proceedings whatsoever, provided, however, that the Village Clerk shall, at least 30 days prior to the last day for making a renewal application or installment payment, give notice by U.S. certified mail, to all licensees of the final day for renewal of applications or installment payments. 

(>87 Code,  3‑17)

 

(7)       (a)   All licenses shall be payable in two equal installments, on July 1 and January 1 of each year.  All licenses shall expire on June 30 next, after date of issue.  For new licenses issued between January 1 and June 30, in any year, the fee for the remainder of the annual period, shall be one-half of the annual fee, for new licenses issued between July and December 31, in any year, the full annual fee shall be payable.

 

 

 

10Warren – Business Regulations

 

 

(b)    No licenses shall be transferred until after the expiration of 60 days from the filing of the application.

 

(c)    Failure to file the application within ten days after sale, death or other event causing cessation of business by a licensee shall be deemed a cancellation and surrender of the license, without notice, in the same manner as failure to apply for renewal, as herein provided, provided however, that where the business cessation is voluntary, the Liquor Commissioner may, within a ten-day period, extend the time for filing the application for transfer for a reasonable period not to exceed 60 days.

 

(d)    A location specified in an application for license may be changed with the written consent of the Liquor Commissioner, if the new location is proper under the laws of the state and this section.

(>87 Code,  3‑18)

 

(8)       (a)   Any license may be revoked or suspended for cause by the Liquor Commissioner, after notice in writing, served either by certified mail, personal service or posting notice in the premises, and after a public hearing, violation of any provisions of this section, indebtedness to the village, for any reason other than license fees required by this section, conviction of offenses, or forfeiture of bond in connection therewith, or misstatement or withholding of material information in application for license shall be deemed cause for revocation or suspension of license, for the purpose of this section.

 

(b)    Every licensee shall be deemed responsible for the unlawful acts of him or her, his or her agents or employees whether or not the licensee knowingly permits or has knowledge of the unlawful acts.

 

(c)    Special entertainment activities.

 

1.      Liquor license holders desiring to hold special entertainment activities or events that require extended hours or might be considered risque or might tend to arouse or titillate the audience must first request and receive permission of the Board of Trustees, such events include but are not limited to:

 

a.      Male or female dancers or strippers;

 

b.      Wet T-shirt or wet shorts contests;

 

c.Mud, Jell-O, oil wrestling;

 

d.      Fashion shows; and

 

e.      Late closing or extended hours requests.

 

 

 

 

 

2002 S-1

 

 

 

     Licensing Provisions                 10A

 

 

2.      License holders may apply for a special entertainment activity permit from the Village Clerk on forms that may be obtained from the Village Hall. The permit application shall include a reasonably detailed description of the special entertainment activity requested and reasons for any request for extended hours.

 

3.      Permit applications must be submitted at least 30 days prior the date of the requested activity.

 

4.      The permit shall also provide that in the appropriate case, the applicant agrees to pay a fee designed to offset any additional hours of police protection. This fee shall be computed at a rate of $25 per hour.

 

5.      The application shall be considered by the Village Board of Trustees, who shall, in their sole discretion, determine whether to approve or deny the permit.

(>87 Code,  3‑19)  (Am. Ord. passed 9-23-02)

 

(9)       No licensee under the provisions of this section shall either individually or through his or her agents or employees:

 

(a)    Sell or possess for sale any package containing alcoholic liquor unless the same shall have affixed thereto all canceled revenue stamps which may be required by state of federal law;

 

(b)    Sell alcoholic liquor during prohibited hours;

 

(c)    It shall be unlawful for any Class AA@ license holder to fail, neglect or refuse to lock all doors and entrances to licensed premises and to keep the same continuously locked during prohibited hours, excepting only that said doors and entrances may be temporarily unlocked from time to time during prohibited hours to permit the egress of any person or permit the ingress only of authorized persons as hereinafter specified; to permit or allow any person, excepting only the following authorized

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2002 S-1

 

 

 

10BWarren – Business Regulations

 

 

 

     Licensing Provisions                    11

 

 

persons, to-wit:  licensee, his or her spouse, employees, independent contractors, including professionals called to the licensed premises by the licensee, his or her spouse or employees, to render services on the licensed premises at any lime during the prohibited hours except for the first half-hour after the commencement of prohibited hours on any day; 

(Am. Ord. passed 2‑10‑97)

 

(d)    Permit any gambling on the premises;

 

(e)    Permit any intoxicated person to loiter on the licensed premises or permit any conduct which shall tend to disturb the peace or quiet of the neighborhood or the premises;

 

(f)      Serve or permit any person to consume any alcoholic liquor in any curtained booth or enclosure;

 

(g)    Make sales of alcoholic liquor in excess of or contrary to the powers granted in the license for the premises in violation of the Liquor Control Act of the state or in violation of any other statute of the state;

 

(h)    Serve any alcoholic beverage to any person for consumption on the streets of the village or any theater or any other public place in the village or to any person in motor vehicles on the streets;

 

(i)      Permit any person to consume any alcoholic liquor on the licensed premises unless the alcoholic liquor has been purchased on the premises;

 

(j)      Sell alcoholic liquor to any person under the age of 21 years or to any intoxicated person, habitual drunkard, spendthrift, insane, mentally ill, mentally deficient person or person in need of mental treatment;

 

(k)    Employ or permit any person under the age of 21 years to draw, pour or mix alcoholic liquor;

 

(l)      Have in his or her possession or have registered in his, her or its name, a federal watering stamp or stamps as provided by the Revenue Acts of the United States of America;

 

    (m)       Fail to extinguish the lighting or any electric or neon sign which advertises any tavern or alcoholic liquor and which is mounted on the exterior of any licensed premises during prohibited hours;

 

(n)    Permit any person under the age of 21 years of age, other than an employee, to be in or on any premises, except those premises on which alcoholic liquor in the original package only is sold at any lime unless the person is accompanied by his or her parent, legal guardian or spouse who is at least 21 years of age; and (On premises where the bar, liquor facilities and alcoholic liquors are located

 

 

 

12Warren – Business Regulations

 

 

in a separate room from the remainder of the building or structure, the term Alicensed premises@ shall refer only to the separate room.) 

(Am. Ord. passed 2‑10‑97)

 

(o)    Prevent or refuse the inspection of the licensed premises by the Liquor Commissioner or his or her designated agent or any police officer of the village, without a search warrant, at any time.

(>87 Code,  3‑20)

 

     (10)  It shall be unlawful for any bartender, servant or employee of a licensee to commit any of the offenses enumerated herein. 

(>87 Code,  3‑20.5)

 

(C)  (1)       Prohibited hours of sale shall be between 1:00 a.m. and 7:00 a.m. and Monday through Saturday  (the inverse of the hours as set forth in division (B) of this section).  It shall be unlawful for any person to consume any alcoholic liquor on any licensed premises during prohibited hours. 

(>87 Code,  3‑23)

 

(2)       (a)   All persons licensed for the retail sale of alcoholic liquor for consumption on the premises under the provisions of this chapter shall be allowed Sunday hours from 11:00 a.m. to 10:00 p.m.

 

(b)    The annual fee for a Class AA@ license shall remain at $700.

(>87 Code,  3‑24)

 

(3)  It shall be unlawful for any person to consume any alcoholic liquor on any licensed premises unless the alcoholic liquor has been purchased from the licensee. 

(>87 Code,  3‑25)

 

(4)       (a)   It shall be unlawful for any person under the age of 21 years to purchase any alcoholic liquor.

 

(b)    It shall be unlawful for any intoxicated person, habitual drunkard or spendthrift to purchase alcoholic liquor.

 

(c)    It shall be unlawful for any person under the age of 21 years or any other person to misrepresent the age of the person who is under the age of 21 for the purpose of inducing any licensee, servant or employee to sell or give any person under the age of 21 years any alcoholic liquor.

 

(d)    It shall be unlawful for any person under the age of 21 years or any other person to misrepresent the age of the person under the age of 21 years for the purpose of inducing any licensee, servant or employee to sell or give any person under the age of 21 years any alcoholic liquor or to permit any person under the age of 21 years to be upon the licensed premises.

 

 

 

     Licensing Provisions                    13

 

(e)   Each licensee shall display in a prominent place in the licensed premises a card or sign warning persons under the age of 21 years of the penalties for the violation of any of the provisions of this section.

(>87 Code,  3‑26)

 

(5)       (a)   It shall be unlawful for any person under the age of 21 years to be in or on any licensed premises, except premises on which alcoholic liquor in the original package only is sold, at any time unless the person is accompanied by his or her parent, legal guardian or spouse who is at least 21 years of age.

 

(b)    Likewise, it shall be unlawful for any parent or legal guardian to knowingly permit his or her child or ward under the age of 21 years to go upon or into any licensed premises in violation of the provisions of this section.

(’87 Code,  3‑27)

 

(6)       (a)   It shall be unlawful for any person to purchase for, offer to purchase for, sell, offer to sell, dispense or give away any alcoholic liquor to persons under the age of 21 years.

 

(b)    It shall be unlawful for any person to purchase for, offer to purchase for, sell, offer to sell, dispense or give away any alcoholic liquor to any person under the age of 21 years.

(’87 Code,  3‑28)

 

(7)       (a)   All licensed premises shall be kept in a clean, ventilated and sanitary condition and shall be kept in full compliance with the ordinances and statutes regulating the condition of the premises used for the storage or sale of food for human consumption.

 

(b)    All sinks and particularly those at the bars and counters used for the cleaning and sterilizing of glasses, dishes, receptacles and utensils shall be provided with running hot and cold water.

 

(c)    All glasses, utensils and other appliances used in preparation, service and sale of alcoholic liquors shall be properly cleaned and sterilized with steam, or warm water and chemicals approved by the state, after each use, and no utensil shall under any circumstances be used a second time until it shall have been so cleaned and sterilized.

(’87 Code,  3‑29)

 

(8)       (a)       Entertainment, including personal appearances of amateur or professional entertainers, or the showing of commercially produced pictures shall be prohibited on all premises dealing in alcoholic beverages.

 

(b)    This prohibition does not include musical instruments, radio, electrical transcribing machines, phonographs, patron dancing or television.

(’87 Code,  3‑30)

 

 

 

14Warren – Business Regulations

 

 

(9)       (a)   Upon application to the Village Board, Class “A” licensees may receive permission to establish a beer garden as an attachment or addition to their current establishment.

 

(b)    For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

BEER GARDEN.  An area or yard surrounded by a woven wooden fence of not less than seven feet in height where food and beverages may be served.

 

(c)    Patrons of a beer garden will be allowed admittance to a beer garden only through the currently licensed indoor establishment.  Any gate constructed in the woven wooden fence described above must be kept locked to restrict entry during the hours which a Class “A” licensee is allowed to have the establishment open for business.  A beer garden must be closed during the hours set out in the requirements for a Class “A” license herein.

(’87 Code,  3‑31) 

 

(D)       Registration and documentation of retail sales of keg alcoholic beverages.

 

(1)       Purpose. 

 

(a)    The identification of purchasers/providers of keg alcoholic beverages is a major law enforcement concern in the village and the county.

 

1.      When keg alcohol is found where underage persons are present, it is necessary to readily identify those responsible. 

 

2.      The investigation of crimes involving the furnishing of alcohol to minors, and related crimes involving keg alcohol beverage, is inhibited by the inability to identify who purchased the keg alcohol.

 

(b)       Registration/identification information must be available on all keg alcohol beverage in the village and the county.

 

(c)    Individual identification number, purchaser and retail seller identity information will better enable law enforcement to identify providers of keg alcoholic beverages to underage persons.

 

(d)       Therefore, it is in the public interest to ordain reasonable keg registration/identification rules as hereinafter set forth.

 

(2)       Registration/return procedure.  All retail sales/purchases of alcoholic beverage by any keg packaging in the village for OFF‑SITE (at a location which does not hold a liquor license) consumption

 

 

 

 

2005 S-5

 

 

 

     Licensing Provisions                 14A

 

 

must comply with the following registration, documentation and labeling requirements and restrictions imposed by this division:

 

(a)       Purchasers shall provide current government‑issued photo identification, with the purchaser’s name, address, and individual identification number to the seller, who shall then record and document that information in a log.

 

1.      The log shall also contain the individual keg identification assigned to the keg by the seller, the date of sale, and indicate that the photo identification that was produced was matched to the purchaser.

 

2.      This information shall be kept by the seller for a minimum period of six months from the date of sale;

 

(b)    1.       Sellers shall assign, record and attach an individual keg registration label/sticker to each retail keg sold for off‑site consumption, at or before the time of sale to the purchaser.

 

2.      The label/sticker shall also include a prominent warning thereon that its alteration, damage or removal from the keg is illegal;

 

(c)    Sellers of keg alcohol shall obtain the individual keg identification labels/stickers from the Police Department.

 

1.      The Police Department shall record to whom the labels/stickers are distributed,  and restrict their distribution to licensed alcoholic beverage retailers.

 

2.      The Police Department shall keep the record of distribution for one year.

 

(d)    1.       Sellers shall collect a deposit in an amount set by the retailer for each keg.

 

2.       Purchasers shall return kegs to the retail seller where it was purchased with the individual keg registration label/sticker attached, intact and legible on or before 60 days from the date of sale or the deposit shall be forfeited;

 

(e)    Sellers shall record the date on which the keg is returned, who returned the keg, and indicate whether the keg identification label/sticker is present or absent by notation on the log;

 

(f)      1.       Sellers shall remove the individual keg identification label/stickers from the kegs when they are returned.

 

2.      The old label/stickers are to be destroyed;

 

 

 

 

2006 S-5

 

 

 

14BWarren – Business Regulations

 

 

(g)    Sellers shall produce keg registration logs/records to law enforcement upon request.

 

1.      A law enforcement request for records shall be prospective only.

 

2.      A request shall only be honored for records 12 hours old or older.

 

(h)    This division does not apply to keg sales to liquor license permittees.

 

(3)       Keg possession requirements/restrictions. No person shall possess a keg container of alcoholic beverage purchased within the village for consumption off‑site, after the effective date of this division, without an intact and legible individual keg identification label/sticker attached (except for retail sellers of keg alcohol and liquor license permittees).

 

(4)       Keg sticker/label prohibitions.  No person shall alter, damage, destroy or remove the individual keg label/sticker, which is described and required by this division or other county ordinance/law, after it has been attached to the keg (except retail sellers of keg alcohol.)

 

(E)  (1)       Purpose.  Consistent enforcement and penalties for violations of the village Liquor Licensing Ordinance is in the best interest of the village and the license holders.

 

(2)       Education. All license holders must attend a one hour training session annually as directed by the Police Chief.  The training will be available for employees of the license holder, but it will be a violation for the license holder to fail to attend the mandatory annual training.

 

(3)       Penalty schedule.  Including any penalty that may be imposed by the Circuit Court of Jo Daviess County, Illinois, village liquor license holders may be punished as follows:

 

(a)    First violation/penalty.  The first violation of the requirements and/or restrictions imposed by this chapter shall be subject to a fine not to exceed $250.

 

(b)    Second violation/penalty.  The first violation of the requirements and/or restrictions imposed by this chapter shall be subject to a fine not to exceed $500, plus license suspension as may be directed by the Liquor Commissioner.

 

(c)    Third violation/penalty. The first violation of the requirements and/or restrictions imposed by this chapter shall be subject to a fine not to exceed $750, plus license suspension or revocation as may be directed by the Liquor Commissioner.

 

(4)  If the license holder has not had a violation resulting in a fine for more than three years prior to the current violation, the license holder shall be treated and punished as if it were the first offense.

(Am. Ord. passed 7‑10‑06; Am. Ord. passed 6-11-07)  Penalty, see  110.99

 

 

2007 S-6

 

 

 

     Licensing Provisions                 14C

 

 

 110.26  AMUSEMENTS, CIRCUSES AND SHOWS.

 

(A)       Permits must be obtained for theatricals, shows, amusements, entertainments, circuses, merry-go-rounds and all public exhibitions for gain within the limits of the village. 

(’87 Code,  14‑22)

 

(B)  Any person desiring to secure a license/permit to keep or engage in the business or avocation of anything mentioned in division (A) above shall file with Village Clerk an application therefor in writing, setting forth the location of the building or room to be occupied, the kind of license and/or permit and the length of the time the same is wanted for. 

(’87 Code,  14‑35)

 

(C)  A license/permit granted under this section shall be signed by the President and attested under the seal of the village by the Clerk and shall state the name of the person to whom issued, the nature of the employment thereunder licensed, the time for which the license and/or permit is granted and the building or room to be occupied. 

(’87 Code,  14‑37)

 

(D)  Any business for which a license and/or permit is granted under this section shall be conducted at the place only. 

(’87 Code,  14‑38)

 

(E)  No license and/or permit issued under this section shall be transferable or assignable without the written consent of the President and Board of Trustees. 

(’87 Code,  14‑39)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2007 S-6

 

 

 

14DWarren – Business Regulations

 

 

 

     Licensing Provisions                    15

 

 

 110.27  BILLIARDS, BOWLING ALLEYS AND THE LIKE.

 

(A)  No person within the corporate limits of the village shall keep any billiard, bagatelle, pool, pigeon-hole table or any shooting gallery or any pin or bowling alley to be used or patronized by others for hire without first having obtained a license and/or permit to operate the place. 

(>87 Code,  14‑34)

 

(B)  Any person desiring to secure a license/permit to keep or engage in the business or avocation of any of the various games mentioned in division (A) above shall file with Village Clerk an application therefor in writing, setting forth the location of the building or room to be occupied, the kind of license and/or permit and the length of the time the same is wanted for. 

(>87 Code,  14‑35)

 

(C)  A license/permit granted under this section shall be signed by the President and attested under the seal of the village by the Clerk and shall state the name of the person to whom issued, the nature of the employment thereunder licensed, the time for which the license and/or permit is granted and the building or room to be occupied. 

(>87 Code,  14‑37)

 

(D)  Any business for which a license and/or permit is granted under this section shall be conducted at the place only. 

(>87 Code,  14‑38)

 

(E)  No license and/or permit issued under this section shall be transferable or assignable without the written consent of the President and Board of Trustees. 

(>87 Code,  14‑39)

 

(F)  An applicant for a licenses and/or permit for any business set out in division (A) above shall be charged per year the following license and/or permit fee:

 

(1)       For bowling alley:

 

(a)    For one alley:  $5;

 

(b)    For each additional alley kept by applicant in the same room or enclosure:  $3;

 

(2)       For a shooting gallery:  $25;

 

(3)       For a billiard table:

 

(a)    For one table:  $15;

 

 

 

16Warren – Business Regulations

 

 

(b)    For each additional billiard table, kept by the applicant in the same room or enclosure:  $5;

 

(4)       For a bagatelle, pool or pigeon-hole table:

 

(a)    For one table:  $15;

 

(b)    For each additional table left in the same room or enclosure:  $5.

(>87 Code,  14‑40)

 

(G)  (1)       Every room or place of business kept open by virtue of any license granted under this section shall be subject to the inspection by the Chief of Police at any time the Chief of Police may deem it necessary to go into the same.

 

(2)       Any person hindering, resisting or opposing or attempting to hinder, resist or oppose the Chief of Police or any other police officer, while he or she may go into or attempt to go into the room or place of business, shall by subject to punishment.

(>87 Code,  14‑41)  Penalty, see  110.99

 

 

 110.28  BED AND BREAKFAST ESTABLISHMENTS.

 

(A)  (1)       The people of the state, as represented in the general assembly, have enacted a Public Act known and cited as the ABed and Breakfast Act,@ ILCS Ch. 50, Act 820,  1 et seq.  This section shall be interpreted and enforced in accordance with the provisions set forth in the public act, hereafter referred to as the AAct.@

 

(2)       For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

BED AND BREAKFAST ESTABLISHMENT.  An owner-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12‑month period.  Breakfasts may be provided to guests only.  The term shall not include motels, hotels, boarding houses, or food service establishments.

 

GUEST ROOM.  A sleeping room to serve no more than two transient guests per night.

 

OPERATOR.  The owner of the bed and breakfast establishment or the owner=s agent, who is required to reside in the bed and breakfast establishment or on contiguous property.

(>87 Code,  14‑46)

 

(B)  (1)       Breakfast shall be coffee, rolls, juice or fresh fruit and cereal.

 

 

 

     Licensing Provisions                    17

 

 

(2)       Full breakfast with eggs, bacon, sausage and the like may be served provided the operator has completed the certification course offered by the County Health Department.

(>87 Code,  14‑47)

 

(C)  (1)       Milk shall be pasteurized Grade A.

 

(2)       All perishable food shall be refrigerated.

 

(3)       Use of home canned food is prohibited, except for jams and jellies.

 

(4)       Potentially hazardous food shall be at temperatures of 45°F or below or 140°F or above as appropriate.

 

(5)       Raw fruits and vegetables shall be washed thoroughly before use.

 

(6)       Meats shall be cooked to heat all parts to 165°F.

 

(7)       Portions of food once served to an individual may not be served again.

 

(8)       Live animals shall be excluded from food preparation areas.

 

(9)       Laundry facilities shall be separate from food preparation areas.

(>87 Code,  14‑48)

 

(D)  (1)       No person knowingly infected with a communicable disease that may be transmitted by food handling may work in a bed and breakfast establishment.

 

(2)  If the operator suspects that any employee, family member or the operator himself or herself has a communicable disease, the operator shall notify the County Health Department immediately.

(>87 Code,  14‑49)

 

(E)  (1)       Persons serving food shall wear clean outer garments.  They shall wash their hands before starting work and as often as is necessary while working.  After visiting a toilet room, persons shall wash their hands thoroughly in a lavatory, but never in the kitchen sink.

 

(2)       No one, while preparing or serving food, may use tobacco in any form.

(>87 Code,  14‑50)

 

(F)  (1)       Utensils shall be clean and in good repair.

 

(2)       Multi-use eating and drinking utensils shall be thoroughly cleaned after each use.

 

 

 

18Warren – Business Regulations

 

 

(3)       Cooking surfaces shall be cleaned each day and at intervals when necessary.

 

(4)       Facilities needed for operations of washing, rinsing and sanitizing shall be provided.

 

(5)       Residential sinks and home-style mechanical dishwashing machines are acceptable.  Utensils shall be air-dried.

(>87 Code,  14‑51)

 

(G)  (1)       Immediately following washing of utensils, pots and pans, these utensils shall be sanitized by being submerged in a hypochlorite solution with a chlorine concentration maintained in 100 parts per million or another approved sanitizing solution which shall be approved by the County Health Department.

 

(2)       Dish pans may be used to accomplish the sanitation.  The reuse of single-service utensils is prohibited.

(>87 Code,  14‑52)

 

(H)  Each person who is provided accommodations shall be provided individual soap and clean individual bath cloths and towels.  Clean bed linen in good repair shall be provided for each guest and shall be changed between guests and as often as necessary. 

(>87 Code,  14‑53)

 

(I)    (1)       The Fire Chief of the village is to inspect the establishment.

 

(2)       Establishments shall meet the State Fire Marshal=s requirements for one- and two-family dwellings.  In addition, the following standards shall be required:

 

(a)    Manual extinguishing equipment shall be provided on each floor;

 

(b)    All combustibles or flammable liquids shall be stored in approved metal containers. No combustible storage in or under stairways;

 

(c)    All trash containers shall be metal;

 

(d)    No cooking facilities shall be permitted in guest rooms;

 

(e)    All hallways and stairways shall be adequately lighted;

 

(f)      No portable heating devices shall be permitted in guest rooms;

 

(g)    The operator shall submit a floor plan of bed and breakfast establishment to the local Fire Department; and

 

 

 

     Licensing Provisions                    19

 

 

(h)    Smoke alarms or detectors shall be placed in guest rooms and hallways.  More than one exit shall be provided which can be a window on second floor accessible to a roof to exit onto or a ladder that can be attached to a window providing there is not a window directly below.

(>87 Code,  14‑54)

 

(J)   The bed and breakfast establishment shall provide proof of liability insurance coverage of not less than $150,000 or $300,000. 

(>87 Code,  14‑55)

 

(K)  The bed and breakfast establishment shall be responsible for payment of all taxes including state and county applicable hotel taxes. 

(>87 Code,  14‑56)

 

(L)   The bed and breakfast establishment shall have adequate off-street parking. 

(>87 Code,  14‑57)

 

        (M)  Each bed and breakfast establishment shall be required to secure a license from the village to operate. 

(>87 Code,  14‑58)

 

(N)  (1)       The County Health Department=s fee to inspect is $50 annually and they are to collect this fee.

 

(2)       The village will not charge a fee for the license to be issued annually.

(>87 Code,  14‑59)  Penalty, see  110.99

Statutory reference:

Similar provisions, see ILCS Ch. 50, Act 820,  4 through 8

 

 

 110.29  PEDDLERS AND SOLICITORS.

 

(A)       Every person who shall sell or offer for sale, barter or exchange at retail, any food, drink, goods, wares or merchandise, traveling from place to place, in, along or upon the streets, avenues, alleys or other places of the village, or who shall sell or deliver from any wagon or other vehicle going from place to place in the village, whether to regular customers or not, any goods, wares or merchandise shall be deemed a peddler and shall before engaging in the business obtain a license as a peddler.  This section shall not apply to merchants permanently established and having a fixed place of business on private property within the village.

 

(B)  Any person violating the provisions of this section, or who shall upon request refuse to exhibit his or her license to any police officer of the village, shall be punished as provided herein.

 

 

 

20Warren – Business Regulations

 

 

(C)  The provisions of this section shall not be construed to prohibit any farmer, fruit or vine grower or gardener or other person from selling or disposing of the products of a farm, orchard, vineyard or garden within the village.

(>87 Code,  17‑11)  Penalty, see  110.99

 

 

 110.30  TELECOMMUNICATIONS INFRASTRUCTURE FEE.

 

(A)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

GROSS CHARGES.  The amount paid to a telecommunications retailer for the act or privilege of originating or receiving telecommunications within the village, and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of the telecommunications, the cost of the materials used, labor or service costs or any other expense whatsoever.  In case credit is extended, the amount thereof shall be included only as and when paid.  GROSS CHARGES for private line service shall include charges imposed at each channel point within the village, charges for the channel mileage between each channel point within the village and charges for that portion of the interstate inter-office channel provided within the village.  However, GROSS CHARGES shall not include:

 

(a)    Any amounts added to a purchaser=s bill because of a charge made under:

 

1.      The fee imposed by this section;

 

2.       Additional charges added to a purchaser=s bill under the Public Utilities Act, ILCS Ch. 220, Act 5,  9‑221, 9‑222, and 9‑222.1;

 

3.      Amounts collected under ILCS Ch. 65, Act 5,  8‑11‑17 (the I.M.C.);

 

4.      The tax imposed by the Telecommunications Excise Tax Act, ILCS Ch. 35, Act 630,  1 et seq.;

 

5.      911 surcharges; or

 

6.      The tax imposed by Section 4251 of the Internal Revenue Code;

 

(b)    Charges for telecommunication received outside the village;

 

(c)    Charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content.

 

 

 

     Licensing Provisions                    21

 

 

The equipment includes, but is not limited to the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time-sharing agreement;

 

(d)    Charges for customer equipment, including the equipment that is leased or rented by the customer from any source, wherein the charges are desegregated and separately identified from other charges;

 

(e)    Charges to business enterprises certified under the Public Utilities Act, ILCS Ch. 220, Act 5,  9‑222.1 to the extent of the exemption and during the period of time specified by the village;

 

(f)      Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit other than a regulatory required profit for the corporation rendering the services;

 

(g)    Bad debts; any portion of a debt that is related to a sale at or for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made;

 

(h)    Charges paid by inserting coins in coin-operated telecommunications devices; and

 

(i)      Charges for telecommunications and all services and equipment provided to the village.

 

PREPAID TELEPHONE CALLING ARRANGEMENTS.  As defined in ILCS Ch. 35, Act 120,  2‑27.

 

PUBLIC RIGHT-OF-WAY.  Any municipal street, alley, water or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the village has acquired the right and authority to locate or permit the location of utilities consistent with telecommunications facilities.  PUBLIC RIGHT-OF-WAY shall not include any real or personal village property that is not specifically described in the previous sentence and shall not include village buildings and other structures or improvements, regardless of whether they are situated in the public right-of-way.

 

RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE.  Any retailer having or maintaining within the state, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within this state under the authority of the retailer or its subsidiary, irrespective of whether the place of business or agent or other representative is located here permanently or temporarily, or whether the retailer or subsidiary is licensed to do business in the state.

 

 

 

22Warren – Business Regulations

 

 

SALE OF TELECOMMUNICATIONS AT RETAIL.  The transmitting, supplying or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one corporation to another corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.

 

SERVICE ADDRESS.  The location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received.  If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, SERVICE ADDRESS means the customer=s place of primary use as defined in the Mobile Telecommunications Sourcing Conformity Act, ILCS Ch. 35, Act 638,  1 et seq.  For air-to-ground systems, and the like, SERVICE ADDRESS shall mean the location of the customer=s primary use of the telecommunications equipment as defined by the location in Illinois where bills are sent.

 

TELECOMMUNICATIONS.

 

(a)    Includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, private line services, specialized mobile radio services or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.  Unless the context clearly requires otherwise, TELECOMMUNICATIONS shall also include WIRELESS TELECOMMUNICATIONS, as hereinafter defined.  TELECOMMUNICATIONS shall not include value-added services in which computer-processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission.

 

(b)       TELECOMMUNICATIONS shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications.  Retailer access charges, right of access charges, charges for use of inter-company facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale.

 

(c)       TELECOMMUNICATIONS shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984, 47 USC 521 and following, as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the Rules of the Federal Communications Commission, 47 CFR 76.1550 and following, as now or hereafter amended.

 

(d)    Beginning January 1, 2001, prepaid telephone calling arrangements shall not be considered TELECOMMUNICATIONS subject to the tax imposed under this section.

 

 

 

     Licensing Provisions                    23

 

 

TELECOMMUNICATIONS PROVIDER.

 

(a)    Any telecommunications retailer; and

 

(b)    Any person that is not a telecommunications retailer that installs, owns, operates or controls equipment in the public right-of-way that is used or designed to be used to transmit telecommunications in any form.

 

TELECOMMUNICATIONS RETAILER, RETAILER or CARRIER.  Any person engaged in the business of making sales of telecommunications at retail as defined in this section.  The village may, in its discretion, upon application, authorize the collection of the fee hereby imposed by any retailer not maintaining a place of business within the state, who, to the satisfaction of the village, furnishes adequate security to ensure collection and payment of the fee.  When so authorized, it shall be the duty of the retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within the village.

 

WIRELESS TELECOMMUNICATIONS.  Cellular mobile telephone services, personal wireless services, as defined in  704(C) of the Telecommunications Act of 1996, P.L. 104‑104, 42 USC 332(c)(7), as now or hereafter amended, including all commercial mobile radio services and paging services.

 

(B)  (1)       Every telecommunications provider, as defined by this section, shall register with the village within 30 days after the effective date of this chapter or becoming a telecommunications provider, whichever is later, on a form to be provided by the village, provided, however, that any telecommunications retailer that has filed a return pursuant to division (D)(3) below shall be deemed to have registered in accordance with this section.

 

(2)       Every telecommunications provider who has registered with the village, pursuant to division (A) above, has an affirmative duty to submit an amended registration form or current return as required by division (D)(3) below, as the case may be, to the village within 30 days from the date of the occurrence of any changes in the information provided by the telecommunications provider in the registration form or most recent return on file with the village.

 

(C)  (1)       A village telecommunications infrastructure maintenance fee is hereby imposed upon all telecommunications retailers in the amount of 1.0% of all gross charges charged by the telecommunications retailer to service addresses within the village for telecommunications originating or received in the village.

 

(2)       Upon the effective date of the infrastructure maintenance fee authorized in this section, the village infrastructure maintenance fee authorized hereunder shall be the only fee or compensation for the use of all public rights-of-way within the village by telecommunications retailers.  Imposition of the infrastructure maintenance fee provided under this section does not, however, serve as a limitation on the levying of any taxes or imposition of any fees otherwise authorized by law.

 

 

 

24Warren – Business Regulations

 

 

(3)       The village telecommunications infrastructure maintenance fee authorized by this section shall be collected, enforced and administered as set forth in division (D) below.

 

(D)  (1)       A telecommunications retailer shall charge to and collect from each customer an additional charge in an amount equal to the village infrastructure maintenance fee attributable to that customer=s service address.

 

(2)       Unless otherwise approved by the village the infrastructure maintenance fee shall be remitted by the telecommunications retailer to the village not later than the last day of the month subsequent to the month in which a bill is issued to the customer; provided, however, that the telecommunications retailer may retain an amount not to exceed 2% of the village infrastructure maintenance fee collected by it to reimburse itself for expenses incurred in accounting for and remitting the fee.

 

(3)       Remittance of the municipal infrastructure fee to the village shall be accompanied by a return, in a form to be prescribed by the village, which shall contain the information as the village may reasonably require.

 

(4)       Any infrastructure maintenance fee required to be collected pursuant to this section and any infrastructure maintenance fee collected by the telecommunications retailer shall constitute a debt owed by the telecommunications retailer to the village.  The charge imposed under division (D)(1) above by the telecommunications retailer pursuant to this section shall constitute a debt of the purchaser to the telecommunications retailer who provides the services until paid and, if unpaid, is recoverable at law in the same manner as the original charge for the service.

 

(5)  If it shall appear that an amount of infrastructure maintenance fee has been paid that was not due under the provisions of this section, whether as a result of a mistake of fact or an error of law, then the amount shall be credited against any infrastructure maintenance fee due, or to become due, under this section, from the telecommunications retailer who made the erroneous payment; provided, however, the village may request, and telecommunications retailer shall provide, written substantiation for the credit.  However, no claim for the credit may be made more than three years after the date of the erroneous payment unless:

 

(a)    The credit is used only to offset a claim of underpayment made by the village within the applicable statutory period of limitations; and

 

(b)    The credit derives from an overpayment made by the retailer during the applicable statutory period of limitations.

 

(6)       Amounts paid under this section by telecommunications retailers shall not be included in the tax base under any of the following acts as described immediately below:

 

 

 

     Licensing Provisions                    25

 

 

(a)    Gross charges for purposes of the Telecommunications Excise Tax Act, ILCS Ch. 35, Act 630,  1 et seq.;

 

(b)    Gross receipts for purposes of the municipal utility tax, as prescribed in the Illinois Municipal Code, ILCS Ch. 65, Act 5,  8‑11‑2;

 

(c)    Gross charges for purposes of the municipal telecommunications tax, as prescribed in the Illinois Municipal Code, ILCS Ch. 65, Act 5,  8‑11‑17; and

 

(d)    Gross revenue for purposes of the tax on annual gross revenue of public utilities, prescribed in the Public Utilities Act, ILCS Ch. 220, Act 5,  2‑202.

 

(7)       The village shall have the right, in its discretion, to audit the books and records of all telecommunications retailers subject to this section to determine whether the telecommunications retailer has properly accounted to the village for the village infrastructure maintenance fee.  Any underpayment of the amount of the village infrastructure maintenance fee due to the village by the telecommunications retailer shall be paid to the village, plus 5% of the total amount of the underpayment determined in an audit, plus any costs incurred by the village in conducting the audit, in an amount not to exceed 5% of the total amount of the underpayment determined in an audit.  The sum shall be paid to the village within 21 days after the date of issuance of an invoice for same.

 

(8)       The village may promulgate further or additional regulations concerning the administration and enforcement of this section, consistent with its provisions, as may be required from time to time and shall notify all telecommunications retailers that are registered pursuant to division (B) above of the regulations.

 

(E)       Nothing in this section shall excuse any person or entity from obligations imposed under any law, including, but not limited to:

 

(1)       Generally applicable taxes; and

 

(2)       Standards for construction on, over, under or within, use of or repair of the public rights-of-way, including standards relating to free standing towers and other structures upon the public rights-of-way, as provided; and

 

(3)       Any liability imposed for the failure to comply with the generally applicable taxes or standards governing construction on, over, under or within, use of or repair of the public rights-of-way; and

 

(4)       Compliance with any ordinance or provision of this section concerning uses or structures not located on, over or within the right-of-way.

 

 

 

26Warren – Business Regulations

 

 

(F)  Any franchise, license or similar agreements between telecommunications retailers and the village entered into before the effective date of this section regarding the use of public rights-of-way shall remain valid according to and for their stated terms, except for any fees, charges or other compensation to the extent waived.

 

(G)       Nothing in this section shall be construed as limiting any additional or further remedies that the village may have for enforcement of this section.

(ILCS Ch. 35, Act 635,  10)  (Ord. passed 11‑18‑97)

Statutory reference:

Telecommunications Municipal Infrastructure Maintenance Fee Act, see ILCS Ch. 35, Act 635,

   1 et seq.

Limitation on amount of municipal fee, see ILCS Ch. 35, Act 635,  20

Editor=s note:

The State Supreme Court has ruled unconstitutional the provisions of ILCS Ch. 35, Act 635,  1

  et seq. which apply to wireless telecommunications providers.  Primeco Personal Communications,

  L.P., et al., v. the Illinois Commerce Commission et al., 196 Ill. 2d 70, 750 N.E.2d 202, 255 Ill.

  Dec. 621 (2001).  Other provisions of the authorizing statutes may be subject to future challenge.

  The code user should therefore consult with appropriate advisors as to the legal status of this code

  provision.

 

 

 110.31  UNWHOLESOME FOOD.

 

No article of food or drink intended for human use or consumption, nor any article of the food or drink, or which may be used in the consumption or preparation of the food or drink, not being healthy, fresh, sound, wholesome, fit and safe for the use.  No animal or fish that died by disease or accident, and no carcass of any calf, pig or lamb, which at the time of its death was less than four weeks old and no meat therefrom shall be brought within the limits of the village and offered, or held for sale, as food, anywhere in the village.

(>87 Code,  10‑1)  Penalty, see  110.99

 

 

 110.32  MILK AND MILK PRODUCTS.

 

The village recognizes the U.S. Department of Agriculture regulations on the sale of package goods of any milk or milk products.

(>87 Code,  10‑12)

 

 

 

 110.99  PENALTY.

 

(A)  Any person violating any of the provisions of this chapter for which no specific penalty is prescribed shall be subject to  10.99.

 

 

 

     Licensing Provisions                    27

 

 

(B)  (1)       Any person violating any provision of  110.25 shall be fined not less than $25 nor more than $750; for a second offense, not less than $50 nor more than $750; and for a third offense shall be fined not less than $100 nor more than $750.

 

(2)       The levy or payment of any penalty herein provided shall not be deemed a waiver of the power of the Liquor Commissioner to revoke or suspend any license and each day any offense continues shall be deemed a separate offense.

 

(3)       All fines and penalties imposed shall be recoverable and payable out of the bond of the licensee.

(>87 Code,  3‑21)

 

(C)  (1)       Any person violating any of  110.27 shall be subject to punishment as provided herein for each and every offense.

 

(2)       The violation shall work a forfeiture of the license and/or permit and all sums of money which may have been paid thereon, at the election of the President and Board of Trustees.

(>87 Code,  14‑42)

 

 

 

 

 

28Warren – Business Regulations