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HomeMy WebLinkAboutOrdinances - MC-13-1063 - 03/04/2013 - MC CH 12 LICENSES AND PERMITS ADD ART II FLEA MARKDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. MC-13-1063 An Ordinance Amending City of McHenry Municipal Code Chapter 12, Licenses and Permits Generally adding a new Article II entitled Flea Markets WHEREAS, the City of McHenry, McHenry County, Illinois, is a home 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, AS FOLLOWS: SECTION 1: A new Article II entitled Flea Markets is hereby added to the City of McHenry Municipal Code, Chapter 12 Licenses and Permits Generally as follows: "Article II Flea Markets A. No person shall have or keep a Flea Market Operation unless licensed by the City. B. Applications for licenses shall be made to the City Clerk and all applicants shall conform to the general provisions set forth in Chapter 12, Licenses Generally of the Municipal Code. C. The applicant must obtain federal and state licenses and approvals as applicable and exhibit proof of said licenses and/or approvals prior to the issuance of a Flea Market license. Upon receiving applicable state and federal approvals and payment of the applicable license fee the City shall issue one license for each Flea Market Operation. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Definitions. For purposes of this article, the following definitions apply. Consignment Stores: Stores which people bring items they no longer want (such as old clothes, shoes and equipment) to have them sold. When an item at a consignment store is sold the person who brought it to the store gets a portion of the money paid for it. Flea Market Operation: Any business activities commonly known as but not limited to swap shops, penny markets, rummage sales, and where tangible articles are bought, sold, or exchanged by more than one vendor, not otherwise regulated in the City of McHenry Municipal Code. Flea Market Operation shall not include resale or consignment businesses. Flea Market Operator: Any person, firm or corporation who owns or controls the premises at which a Flea Market Operation is conducted. A Flea Market Operation may/may not be the owner of the premises on -which the Flea Market Operation is conducted. Flea Market Vendor: Any person, firm or corporation who engages in or conducts the activity of buying, selling or exchanging, whether on a casual or regular basis, any tangible articles, whether new, secondhand or used, in any Flea Market Operation. Flea Market Vendor Space: The total square footage area, measured length X width in feet generally occupied by one Flea Market Vendor. Garage Sales: Sales of any new or used personal property conducted on or about the premises of a private residence in a residentially -zoned district by the owner or occupant or with the permission of the owner or occupant, and which sale is open to the public. Resale/Secondhand Store: Stores which sell items which had been already purchased by another party. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Persons, sales exempted. The following are exempt from this Article: a. Persons selling goods pursuant to an order or process of a court of competent jurisdiction; b. Religious, benevolent, charitable and civic organizations operating as not -for - profit, provided all articles presented for sale or exchange have been donated; c. Garage Sales; d. Consignment Stores; e. Resale/Secondhand Stores; f. All sales listed in Chapter 20-Special Sales of the Municipal Code; g. Persons acting pursuant to an order or process of a court of competent jurisdiction. Application. Any person, firm or corporation desiring to conduct a Flea Market Operation shall file a written application with the Department of Community and Economic Development on a form furnished by said department. The applicant shall furnish the following information: a. The type of ownership of the business, i.e., whether individual (sole proprietorship), partnership (general partnership), corporation or otherwise; b. Articles of incorporation or organizational documentation if the business is incorporated or a limited liability corporation; c. A certificate of ownership issued by the McHenry County Clerk's office if the business is a sole proprietorship or general partnership; d. A layout of flea market vendor space with corresponding length by width dimensions measured in feet of all vendor spaces. Fees. An annual license fee shall be paid to the City in the sum of $1,400 for each Flea Market Operation. The license fee shall be paid in full at the time the license is issued or paid in four quarterly installments of $350 each, with the first quarterly installment due no later Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us than May 151 of each calendar year. Subsequent installment payments of $350 each shall be due August 10, November 10 and February 10 of each year. Inspection. The police chief or his designee shall have general supervision over all Flea Market Operations and shall also have power to inspect their respective places of business. This inspection shall be limited to (1) confirming the proper posting of a Flea Market Operation license, and (2) inspection of record books, computers and inventory directly related to the purchase and sale of articles deemed to be identified as transactions under this article. All inspections must take place at the business and during normal operating hours of the business. Articles which the City of McHenry police department or other law enforcement agency have reasonable grounds to believe were stolen may be impounded or left with the vendor under a hold order at the discretion of any member of the police department. An article may be impounded or held under a hold order by the City of McHenry police department or other law enforcement agency for seven (7) days pending investigation as to ownership of the article. It shall be unlawful for any Flea Market Operator and/or Vendor to dispose any property contrary to any hold order issued by a member of the City of McHenry police department or other law enforcement agency. Revocation. The City Council shall have the authority to revoke or suspend a license issued hereunder when it finds that The Flea Market Operation is being conducted in violation of this article or of any other ordinance, rule or regulation of the City of McHenry. Duties, responsibilities of operator. It shall be the duty of every Flea Market Operator to confirm that all Flea Market Vendors using the Flea Market Operation are provided a copy of these regulations. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815)363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Prohibited transactions. It shall be unlawful for any Flea Market Vendor or for any employee or agent thereof to receive any articles by purchase or otherwise from: a. Minors under eighteen (18) years of age. b. Any person appearing to be under the influence of drugs or alcohol. C. Any person known to the Flea Market Vendor to have been involved in the previous sale of stolen property or known to have been convicted of theft, burglary, home or vehicular invasion, armed robbery, robbery, or electronic fencing under the laws of the State of Illinois, or the equivalent laws of any other state, and any person presenting a serial numbered article from which the serial number has been removed or obliterated. Character of produce and other foodstuffs. The sale of general merchandise of all kinds, and the sale of foodstuffs shall be permitted subject to the review and approval of the McHenry County Health Department. It shall be the responsibility of the Flea Market Operator to ensure all applicable permits have been obtained and are current. Adult Merchandise The sale of any type of adult -oriented merchandise, as defined in the City's municipal code, shall be expressly prohibited. 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 invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect May 1, 2013 after its publication in pamphlet form as provided by law. PASSED THIS 4th DAY OF March, 2013 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Condon NAYS: None ABSTAINED: None ABSENT: Peterson NOT VOTING: None APPROVED THIS 4th DAY OF March, 2013 MAYOR ATTEST: c CIT CLER