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HomeMy WebLinkAboutOrdinances - 21-17 - 04/05/2021 - Business Licenses CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-17 AMENDING NINE (9) DIFFERENT SECTIONS REGARDING BUSINESS LICENSES OF THE MCHENRY CITY CODE Passed by the Mayor and City Council . Of the City of McHenry McHenry County State of Illinois April 5, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 61h day of April, 2021. ORDINANCE NO. 21-17 Amending Nine (9) Different Sections Regarding Business Licenses of the McHenry City Code WHEREAS,the City of McHenry, McHenry County,Illinois,is ahome rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That Title 4, Chapter 5: Coin Operated Devices of the Municipal Code is hereby amended as follows: Delete Sections 4-5-2, 4-5-3, 4-5-4, 4-5-5, 4-5-6; and 4-5-7; and renumber 4-5-8 to 4-5-2, renumber 4-5-9 to 4-5-3; renumber 4-5-10 to 4-5-4, and renumber 4-5-11 to 4-5-5. SECTION 2: That Title 8, Chapter 3, subsection 8-3A-21: Aborist's License and Bond, shall be deleted in its entirety, and subsection 8-3A-22: Penalty, shall be renumbered 8-3A-21. SECTION 3: That Title 5, Chapter 5: Food Deliveries of the Municipal Code is hereby amended as follows: Delete Sections 5-5-1, -5-5-2, and 5-5-3; and renumber 5-5-4 to 5-5-1, renumber 5-5-5 to 5-5-2, and renumber 5-5-6 to 5-5-3. SECTION 4: That Title 5, Chapter 4: Milk and Milk Products of the Municipal Code is hereby amended as follows: Delete Section 5-4-3 and renumber 5-4-4 to 5-4-3, and renumber 5-4- 5 to 5-4-4. SECTION 5: That Title 5, Chapter 6: Restaurants of the Municipal Code is hereby amended as follows: Delete sections 5-6-4 and 5-6-5; and renumber 5-6-6 to 5-6-4, renumber 5-6-7 to 5-6-5, and renumber 5-6-8 to 5-6-6. SECTION 6: That Title 5, Chapter 3: Food and Food Handlers of the Municipal Code is hereby amended as follows: Delete sections 5-3-3 and 5-3-4; and renumber 5-3-5 to 5-3-3, renumber 5-3-6 to 5-3-4, renumber 5-3-7 to 5-3-5, renumber 5-3-8 to 5-3-6, renumber 5-3-9 to 5-3-7, renumber 5-3-10 to 5-3-8, renumber 5-3-11 to 5-3-9, and renumber 5-3-12 to 5-3-10. SECTION 7: That Title 4, Chapter 4: Amusements of the Municipal Code is hereby amended by deleting it in its entirety, renaming it to Chapter 4: Carnivals and Circuses, and replacing it with the following language: Chapter 4: Carnivals and Circuses 4-4-1: Definitions For the purposes of this section,terms shall have the following meaning: CARNIVAL: A traveling amusement show usually including rides, sideshows and games of skill. CIRCUS:A traveling company consisting typically of a variety of performances by acrobats, clowns, and trained animals. 4-4-2: Building Permit Required: A building permit is required for a carnival or circus, as defined in subsection A of this section. Such permit shall not be issued without first obtaining approval by the City Council with any conditions attached as the City Council deems appropriate to protect the health, safety and welfare of the public. 4-4-3: Application: Not less than forty five(45)calendar days before the carnival or circus,a building permit application shall be submitted to the Community Development Department,which shall include: A. A site plan showing the layout of the event, including rides,tents,trailers, overnight quarters for security personnel (if applicable), and all wires, lines, cables, etc. B. Certificate of insurance for a minimum two million dollars($2,000,000.00)general liability, including bodily injury,property damage and motor vehicle liability,naming the City as an additional insured. A letter from the insurer stating there are no outstanding claims against the policy. C. The filing fee, which is fifty dollars($50.00)for each day the event will run. Said fee may be waived for City based not for profit organizations that submit a copy of their certificate of incorporation. D. A letter of consent from the property owner if the event will be held on private property or a letter to the City Council requesting the use of public property. E. Information on all proposed signs for the event, including number, size and location. F. Copy of the McHenry County temporary food service permit, if applicable. 4-4-4: Other Limitations: A. The carnival or circus shall not exceed ten(10) days. B. The carnival or circus shall not be located in or directly adjacent to any developed residential area, with the exception that it may be on a church, school or public park property even if located next to residential property. C. The event must be operated or sponsored by a not for profit organization based in the City. D. No private property location may host more than one carnival or circus per year. E. No employee,agent or other representative of the carnival/circus may live, sleep or otherwise remain overnight on the premises of the carnival. Persons providing security on the site may receive an exemption from this requirement, upon approval by the City Council. F. All carnival/circus workers must keep government issued photo identification on their person at all times during the public event. The government issued identification must be presented at any time to an officer of the City upon request. G. Only those carnival/circus employees who have completed a background check through the Police Department will be permitted to work on the premises. The background check is valid for the calendar year in which it is conducted and is subject to review after the initial approval.No person will be allowed to work the event if he/she: 1. Is a registered child sex offender; or 2. Has been convicted of a felony in the past five (5)years; or 3. Has been convicted of any other crime involving moral turpitude or violence;or 4. Is identified as a known gang member in the Illinois State Police LEADS System; or 5. Is deemed unfit for any reason by the Police Department. 4-4-5: Additional Submittals: A. Copy of an Illinois Department of Labor amusement ride permit. B. List of employees who will work on the premises of the carnival/circus, including their legal name, date of birth, home address and social security number. C. All registered employees shall submit their fingerprints along with a completed police background authorization form. The fee for this service shall be five hundred dollars($500.00)plus fifty dollars($50.00) for each employee. Volunteers for local not for profit organizations shall be exempt from fingerprinting. D. Signed waivers of liability for all employees who will work on the premises of the carnival/circus. E. Completed City carnival operator questionnaire, if required by the City. 4-4-6:. Inspections: Any City official shall have free access to the carnival/circus grounds and all booths, shows and concessions at all times to ensure compliance with City, County and State ordinances and regulations. 4-4-7. Revocation: The City may revoke a permit or carnival worker permit at any time and demand immediate cessation of the carnival/circus when it is found to be in violation of City, County or State ordinances and regulations or when public safety is endangered. SECTION 8: That Title 4, Chapter 12: Scavengers of the Municipal Code is hereby amended by deleting it in its entirety and replacing it with the following language: 4-12-1: DEFINITION: For the purpose of this chapter,the word SCAVENGER means any person engaged in the business of collecting, carting, hauling or transporting garbage, ashes,refuse of all kinds and any and all miscellaneous waste materials. 4-12-2: EXEMPTIONS: This chapter shall not apply to anyone who is engaged in the business of landscaping, lawn and ground maintenance,tree trimming, lawn mowing, bush and tree trimming,construction or trucking who remove, haul and dispose of brush,tree branches and trunks,grass clippings, landscape wastes,building debris, construction debris or junk. 4-12-3: NUMBER OF LICENSES: Only one scavenger license for one-,two-,three- and four-family residence service in the City shall be issued. All other scavenger services in the City shall not be required to obtain a scavenger license by the City of McHenry. 4-12-4: EXCLUSIVE LICENSE: A. Terms And Conditions: The exclusive license for one-,two-,three- and four-family residence scavenger service in the City shall be issued to such scavenger on such terms and conditions as the City Council may from time to time determine. B. Bond Required: The waste hauler who is awarded the exclusive license for one-,two-,three-and four- family residential scavenger services shall immediately, upon being awarded the license,file a bond with the City in the penal sum of two hundred fifty thousand dollars($250,000.00), executed by the waste hauler as principal and also by two(2)noncorporate sureties, who shall be residents of the State. The waste hauler, however, shall have the option of substituting a corporate surety on such bond, in lieu of the aforesaid noncorporate sureties. Such bond shall be approved by the City Attorney and shall be conditioned upon the waste hauler complying fully with all of the provisions of the ordinances of the City at all times and also complying fully with all of the provisions of the Statutes of the State. 4-12-5: FEE FOR LICENSE: No annual fee shall be charged for the exclusive license issued for one-,two-,three- and four-family residential scavenger service. 4-12-6: VEHICLE INSURANCE: Each vehicle used in scavenger operations shall be insured against public liability in the amount of one million dollars($1,000,000.00) for each person injured and in the amount of one million dollars ($1,000,000.00)for each occurrence. 4-12-7: VEHICLE REQUIREMENTS: A. Watertight; Cover:All vehicles used by a scavenger in their business shall be watertight and shall be equipped with airtight covers for such portions as are used for the transportation of garbage, refuse of all kinds or miscellaneous waste materials. B. Vehicles And Containers Closed: All vehicles, boxes or containers used or leased by a scavenger shall be kept securely closed to prevent the contents from scattering. 4-12-8: RESIDENTIAL SERVICES: A. Rates, Terms, Conditions: The scavenger licensee furnishing one- and two-family residential scavenger service shall provide such services at such rates and under such terms and conditions as may be determined from time to time by the City Council. B. Special Services:A scavenger may provide such other special type of collection service(such as the pickup of household debris, construction material,junked appliances, discarded furniture or other miscellaneous materials)as the homeowner may request at a collection fee to be agreed upon between the scavenger and the homeowner. 4-12-9: BUSINESS, COMMERCIAL AND INDUSTRIAL SERVICES: A scavenger may contract with each business, commercial and industrial establishment, individually, for scavenger service,at a monthly collection fee to be agreed upon between them. SECTION 9: That Title 5: Health and Sanitation of the Municipal Code is hereby amended by adding Chapter 11: Ice Cream Trucks, and including the following language: Chapter 11: Ice Cream Trucks 5-11-1: Definitions The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context: Ice Cream Truck: Every motor vehicle in which ice cream,popsicles, ice sherbets, or frozen desserts of any kind are carried for purposes of retail sale from the motor vehicle on city streets.An Ice Cream Truck is designed to attract business by driving down the street and stopping for its customers. Food Truck: A food truck is a motorized vehicle that is equipped with facilities for cooking, preparing, and selling food. A food truck is designed to operate in a fixed location for a designated period of time. 5-11-2: Enforcement Interpretation: This chapter shall be enforced by the Health Department in accordance with the interpretations thereof contained in the most current edition of the U.S. Public Health Service Food Service Sanitation Manual, a copy of which shall be on file at the McHenry County Health Department;provided, however,that should any provision, item or part thereof fail to meet the minimum requirements of State law,the requirements of said State law shall apply only to that provision, item or part. 5-11-3: License Required: A. License Required: It shall be unlawful for any person to engage in the business of operating an Ice Cream Truck within the City without first securing an annual license to do so. The annual fee for such license shall be fifty dollars($50.00)for each ice cream truck. The application for such license shall comply with the general regulations for license applications as set forth in this Code. B. Exception:No license shall be required for any person or business operating as a Food Truck. 5-11-4: Penalty: Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty five dollars($25.00) nor more than seven hundred fifty dollars ($750.00) for each offense committed on each day during,or on which, a violation occurs or continues. 5-11-5: Revocation of License: Any license issued under the provisions of this chapter may be revoked by the City for any violation of any section or regulation hereof,and such revocation shall be in addition to any fine imposed. SECTION 10: Ifanysection,paragraph,subdivision,clause,sentence orprovision ofthis Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 11: All ordinances,or parts thereof,in conflict herewith are hereby repealed to the extent of such conflict. SECTION 12: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 13: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 5th day of April 2021. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding ,Ir Alderman Mihevc �r Alderwoman Miller k Alderman Santi X Alderman Schaefer tea• Wa yor Monte Johnson, eputy City Clerk