HomeMy WebLinkAboutOrdinances - MC-07-928 - 09/10/2007 - PROVIDE FOR UPDATE MC CHAPTER 12 LICENSES AND PERMOrdinance No MC-07- 928 Cls 'N,
An Ordinance providing for updates toQ
Chapter 12 of the City of McHenry Municipal Code
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 12 Licenses and Permits Generally of the City of McHenry
Municipal Code is hereby repealed and replaced with the following:
CHAPTER 12
LICENSES AND PERMITS GENERALLY*
Sec. 12-1. Clerk designated license officer.
In the absence of specific provisions to the contrary, the City license officer shall be the City Clerk and
she shall collect all license fees and issue all licenses in the name of the City, to all persons qualified
under the provisions of this Code.
Sec. 12-2. Duties of City Clerk.
The City shall promulgate and enforce all reasonable rules and regulations necessary to the operation of
license and permit issuance and enforcement; the City Clerk shall adopt all forms and may require
affidavits pertaining to information given on such forms; shall submit such applications as require
investigation or compliance with specific ordinances to such employees or officials of the City as shall
have jurisdiction thereof and shall notify applicants of the acceptance or rejection of the applications
submitted, or revocation of licenses or permits.
Sec. 12-3. When fee payable.
In the absence of provisions to the contrary, all fees and charges for licenses or permits shall be paid in
advance at the time application therefore is made to the City Clerk.
* Cross References - Licensing of alcoholic beverage establishments, Sec. 4-3 et seq.; license
required for amusements, Sec. 5-2; licensing of dogs, Sec. 6-22; building permits, Sec. 7-1 et
seq.; electrical permits, Sec. 7-131 et seq.; moving permits, Sec. 7-161 et seq.; fence permits,
Sec. 7-141; licensing of coin -operated devices, Sec. 9-2; license required for fireworks or
explosives, Sec. 10-33; licensing of food dealers, Sec. 11-19 et seq.; permits for restaurants, Sec.
11-38; licensing of milk dealers and delivery vehicles, Sec. 11-51; license required for food
deliveries, Sec. 11-61, scavenger's license, Sec. 11-117 et seq.; parade permits, Sec. 15-2 et seq.;
permits for group activities in parks, Sec. 16-45; permits for transient merchants and peddlers,
Sec. 19-13 et seq.; licensing of special sales, Sec. 20-2; permits for street construction, Sec. 21-2;
permits for street openings, Sec. 21-15; excavation permits, Sec. 21-32 et seq.; swimming pool
permits, Sec. 22-3; permits to plant in public places, Sec. 24-1 et seq.; taxicab licenses, Sec.
25-17 et seq.; water connection permits, Sec. 26-17 et seq.; permits for water -using air
conditioning systems, Sec. 26-83 et seq.; Licensing of adult uses, Chapter 30 et seq. (MC-06-
888).
Sec. 12-4. Termination of licenses.*
All annual licenses shall terminate on the last day of the fiscal year of the City, where no provision to
the contrary is made.
Sec. 12-5. Transfer; change of location.
(a) Transfer. Licenses issued may be transferred by the original licensee provided that written
notice thereof is given to the City Clerk within ten (10) days before the transfer is made, but no more
than one transfer of any license shall be made within any license year. Provided that it shall be unlawful
to transfer any peddler's, itinerant merchant's or chauffeur's license, and any attempted transfer of such a
license shall have no effect.
(b) Change of location. The location of any licensed business or occupation, or of any permitted
act, may be changed, provided ten (10) days notice thereof is given to the City Clerk, in the absence of
any provision to the contrary; provided that the building, zoning and frontage consent requirements of
the ordinances are complied with.
Sec. 12-6. Inspections; samples.
(a) Whenever inspection of the premises used for or in connection with the operation of a
licensed business or occupation is reasonably necessary to secure compliance with any ordinance
provision or to detect violators thereof, it shall be the obligation of the licensee, or the agent in charge of
the premises to be inspected, to admit thereto for the purpose of making such inspection, any authorized
officer or employee of the City to make such inspection at any reasonable time.
(b) Whenever an analysis of any commodity or material is reasonably necessary to secure
conformance with any ordinance provision or to detect violations thereof, it shall be the duty of any
licensee of the municipality whose business is governed by such provision to give to any authorized
officer or employee of the municipality requesting the same sufficient samples of such material or
commodity for such analysis upon request.
(c) In addition to any other penalty which may be provided, the Mayor may revoke the license of
any licensed proprietor of any licensed business in the City who refuses to permit any such officer or
employee who is authorized to make such inspection or take such sample, or take an adequate sample of
the desired commodity, or who interferes with such officer or employee while in the performance of his
duty in making such inspection; provided that no license shall be revoked for such cause unless written
demand is made upon the licensee or person in charge of the premises, in the name of the City, stating
that such inspection or sample is desired at the time it is sought to make the inspection or obtain the
sample.
* Cross Reference - End of fiscal year established, Sec. 2-2.
Sec. 12-7. Posting of license.
It shall be the duty of any person conducting the licensed business in the City to keep his license posted
in a prominent place on the premises used for such business.
Sec. 12-8. Special permits to non-profit enterprises.
The City Clerk shall issue special permits, without the payment of any license fees or other charges
therefor, to any person or organization for the conduct or operation of a non-profit enterprise, either
regularly or temporarily, when she finds that the applicant operates without private profit for a public,
charitable, educational, literary, fraternal, or religious purpose; all applicants for special permits as
provided for herein shall furnish such information and make such affidavits as shall be reasonably
required by the City Clerk to determine if such applicant conforms.
Sec. 12-9. Penalties.
Whenever in this Code or in any ordinance of the City the conduct of any activity is permitted only
pursuant to and after the issuance of a license or permit, where no specific penalty is provided therefor,
the violation for any such provision of this Code or of any ordinance shall be punished by a fine of not
less than $25.00 nor more than $750.00. Each day any violation of any provision of this Code or of any
ordinance shall continue shall constitute a separate offense. (MC-96-654)
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and Approved this I e day of September, 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
Mayor
( SEAL)
ATTEST: c.t,.c..
Cit Cle