Chapter 5.02 GENERAL BUSINESS LICENSE REGULATIONS

A. It shall be unlawful for any person to conduct, engage in, maintain, operate, carry on, or manage in any way any business or activity, or occupation, for any period of time and at any time, without first obtaining a license for the business, activity, or occupation, and paying the required fee.

1. This license requirement shall not apply to businesses, activities, or occupations that are exempted by operation of state law.

2. This license requirement shall apply to every person or entity engaged in the business of renting or letting a building, structure, or other property for commercial/industrial purposes, or a portion of such building, structure or property within the village for a purpose other than dwelling, sleeping, or lodging to a tenant.

B. Each business, activity, or occupation shall be licensed. The determination whether one or more than one business, activity, or occupation is being conducted shall be based on the ownership of the business, activity, or occupation and the structure of the operations of the business, activity, or occupation.

C. Multiple Locations. When a business, activity, or occupation operates a licensable activity at more than one location, a separate license shall be required for each location irrespective of ownership considerations. If all buildings within which the business, activity, or occupation is being conducted are connected or are located on the same lot or parcel, and are operated and managed by the same person or owner, and if all principal and accessory uses of such business, activity, or occupation are classified within the same use classification pursuant to the Riverdale zoning code, then the business, activity, or occupation shall require only one license. (Ord. 2019-10 § 3, 2019; Ord. 2014-07 § 3, 2014)

5.02.010 Applications.

A. Applications for all licenses and permits required by ordinance shall be made in writing to the village clerk in the absence of provision to the contrary.

B. If applicable, each application shall include:

1. The full name, residence address, business address, phone number(s), and email address of the applicant or controlling persons of applicant if applicant is a corporation, limited liability company or partnership;

2. The date of birth and social security numbers of applicant or any controlling persons of applicant;

3. If applicant is a corporation, limited liability company, or partnership, proof that applicant is in good standing with the state of Illinois;

4. The permit or license desired;

5. The location to be used, if any;

6. The lease or other proof of authorization to occupy the location, if applicable;

7. The time covered;

8. The fee to be paid;

9. Each application shall contain such additional information as may be needed for the proper guidance of the village officials in the issuing of the permit or license applied for.

C. If applicable, all leases, renewals, or other agreements executed after June 11, 2019, allowing the applicant to operate at the applicable property shall include representations by the property owner that all real estate taxes due on the leased property have been paid and shall include a provision providing for the timely payment of such property taxes during the term of the applicable lease. (Ord. 2019-10 § 4, 2019)

5.02.015 Application made after March 1st and before May 1st.

Any person who is subject to a license under the provisions of this chapter and who initially applies for the license after March 1st of any year, shall not pay any license fee or charge for the period ending April 30th of that year; provided, that simultaneously with the application for a license or permit required by this chapter being made in writing to the village clerk for the period March 1st to April 30th or any portion thereof, the person shall apply for an annual license commencing with the following fiscal year and shall pay all fees and charges in connection therewith in accordance with the provisions of this chapter. This section shall not apply to any applicant who established or conducted a business prior to March 1st of the current fiscal year.

5.02.020 Person subject to license.

Whenever a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person, firm or corporation shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the village.

5.02.030 Forms.

Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the village clerk.

5.02.040 Signatures.

Each license or permit shall bear the signature of the village president in the absence of any provision to the contrary.

5.02.050 Investigations.

Upon the receipt of an application for a license or permit where any ordinance of the village necessitates an inspection or investigation before the issuance of such permit or license, the village clerk shall refer such application to the proper officer for making such investigation within forty-eight hours of the time of such receipt. The officer charged with the duty of making an investigation or inspection shall make a report thereon, favorable or otherwise, within fifteen days after receiving the application or a copy thereof. The health officer shall make or cause to be made an investigation in regard to such licenses in connection with the care and handling of food and the prevention of nuisances and the spread of disease, for the protection of health; and the building inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures. All other investigations, except where otherwise provided, shall be made by the chief of police or some other officer designated by the president.

5.02.060 Fees.

A. In the absence of any provision to the contrary, all past due and current fees and charges for licenses or permits and inspections, including annual inspections to be performed after the license is issued, shall be paid in advance at the time of application for a new license or renewal of an existing license.

B. Except as otherwise provided, all license fees shall become a part of the corporate fund.

C. Fees for all annual licenses shall be doubled if not paid by the due date for renewal. (Ord. 2010-08A § 35, 2010; Ord. 2007-11 § 1, 2007)

5.02.070 Termination of license.

A. All annual licenses shall terminate on the thirtieth day of April where no provision to the contrary is made.

B. The village clerk shall mail to all licensees of the village a statement at the time of the expiration of the license held by the licensee. If an annual license, this shall be done three weeks prior to the date of such expiration. A failure to send out such notice, or the failure of the licensee to receive it, shall not excuse the licensee from a failure to secure a new license, or a renewal thereof, nor shall it be a defense in action for operation without a license.

5.02.080 Buildings and premises – Compliance with ordinance requirements.

No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the ordinances of the village. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinances of the village.

5.02.090 Change of location.

The location of any licensed business or occupation, or of any permitted act, may be changed, provided ten days’ notice thereof is given to the village clerk, in the absence of any provision to the contrary; provided, that the building and zoning requirements of the village ordinances are complied with.

5.02.100 Nuisances.

No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.

5.02.110 Inspections.

A. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary thereto to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the village who is authorized or directed to make such inspection at any reasonable time that admission is requested.

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 the licensee of the village whose business is governed by the provision to give any authorized officer or employee of the village 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 president and board of trustees may revoke the license of any licensed proprietor of any licensed business in the village who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample of the said 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 village, stating that such inspection or sample is desired at the time it is sought to make the inspections or to obtain the sample.

5.02.120 Revocation of license or permit.

Any license or permit issued for any business within the village pursuant to the applicable ordinances may be revoked for any violation of the terms and conditions upon which the license or permit was issued, or any ordinance relating to the license or permit or the subject matter thereof, and it is unlawful to continue to exercise any privilege or authority granted by any license or permit issued by the village, or any of its duly authorized officers or employees, after such license or permit has been so revoked.

5.02.130 Revocation – Hearing – Notice.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, to the licensee at his/her last known address at least five days prior to the date set for the hearing.

5.02.140 Revocation – Hearing – Procedure.

The village attorney shall present the complaint and shall represent the village. The licensee shall be permitted counsel and shall have the right to submit evidence and to cross-examine witnesses. The village president shall preside and shall render the decision.

5.02.150 Revocation – Appeal.

Any person aggrieved by the decision of the village president in regard to the denial of the application, or in connection with the revocation of a license, shall have the right to appeal to the corporate authorities. Such appeal shall be taken by filing with the board of trustees, within ten days after notice of a denial of an application or a revocation, a written statement under oath setting forth specifically the grounds for appeal. The board of trustees shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant or licensee in the same manner as provided in RMC 5.02.130. The decision of the board of trustees on such appeal shall be final.

5.02.160 Posting license.

It shall be the duty of any person conducting a licensed business in the village to keep his license posted in a prominent place on the premises used for such business at all times.

5.02.170 Vehicle tag.

Whenever the number of vehicles used is a basis of a license fee, the village clerk shall furnish each licensee with a tag or sticker for each vehicle covered by the license, and such tag or sticker shall be posted in the lower right-hand corner of the front windshield while it is in use.

5.02.180 Suspension, revocation, refusal to remove, grant or amend any license or permit.¹

A. No initial or renewal license shall be issued to any license applicant if (1) such applicant, or a controlling person or affiliate of applicant, has any outstanding fees, fines, assessments, penalties or taxes owed to the village for which the period granted for payment has expired, or (2) if the applicant, or controlling person or affiliate, owns, or has a beneficial interest in, the property upon which the licensed activity occurs or is proposed to occur, there exist past due and/or delinquent real estate taxes for such property, unless the property is exempt from taxation as provided under 35 ILCS 200/23-5. No amendment to any permit or license shall be approved until all such outstanding debts or property taxes have been paid. Any bond held by the village may be withheld until all outstanding fees, fines, assessments, penalties or taxes owed have been paid. The village shall have the authority to withhold all or a portion of the bond to satisfy any and all outstanding debts owed.

1. As used herein, the term “controlling person” shall mean five percent or more of the combined voting power or fair market value of all stock, partnership interests or other ownership interests in the applicant or the right to receive at any time the distribution of ten percent or more of the income or profits of the applicant.

2. As used herein, the term “affiliate” shall mean any person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the applicant.

B. In the event that the applicant or controlling person, if applicable, incurs a fine, fee, assessment, penalty or tax, for which the period granted for payment has expired, while holding a validly issued village permit or license, said permit or license may be suspended or revoked by the village.

C. A person or entity shall not bid on village projects or contract with the village until all outstanding fees, fines, assessments, penalties or taxes owed to the village shall have been paid to the village.

D. If the initial or renewal license is denied for reasons stated hereunder, the license or renewal applicant may appeal such a decision pursuant to the hearing procedures in RMC 5.02.130 through 5.02.150. (Ord. 2019-10 § 5, 2019; Ord. 2019-07 § 3, 2019; Ord. 2018-27 § 3, 2018; Ord. 2013-23 § 3, 2013; Ord. 2009-02 § 1, 2009)

5.02.185 Payment plans.

Repealed by Ord. 2021-35. (Ord. 2019-15 § 3, 2019; Ord. 2019-10 § 6, 2019)

5.02.190 Certificate of insurance.

For each license for which a certificate of insurance is required, at the time of applying for or renewing said license, the applicant must provide an updated certificate of insurance indicating that insurance is in place for a term at least equal to the term of the license. For licenses that require provision of a certificate of insurance naming the village of Riverdale as an additional insured, the insurance certificate must include language stating that coverage of the village is provided on a primary noncontributory basis. (Ord. 2010-08A § 32, 2010)

5.02.200 Health inspection.

For businesses requiring a health inspection before issuance of a license, such business shall pay one hundred dollars for one health inspection and an additional one hundred dollars for each subsequent reinspection that may be required before the business is found to be compliant for purposes of issuing a business license. (Ord. 2010-08A § 34, 2010)

5.02.210 Penalties.²

A. General Penalty. Any person found liable for violating any provision of this chapter shall be fined not less than fifty dollars nor more than seven hundred fifty dollars for each such offense. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues.

B. Failure to Obtain License. Any business, activity, or occupation that continues without a license having been secured therefor as provided in this chapter shall be subject to a fine of not less than fifty dollars nor more than seven hundred fifty dollars for each day that a license is not in effect after notice by the village that a license must be secured.

C. Other Remedies. The availability or imposition of any of the foregoing penalties or fines shall not limit or preclude any other remedy or remedies by way of revocation, injunction or other relief available to the village, either at law or in equity. The village may seek an injunction, temporary restraining order, an abatement, or other appropriate action to enjoin, abate or stop any violation of this chapter. (Ord. 2018-27 § 4, 2018; Ord. 2014-07 § 4, 2014)

Code reviser’s note: Ordinance 2009-02 adds these provisions as Section 5.02.150. The section has been editorially renumbered to prevent duplication of numbering.

Code reviser’s note: Ordinance 2014-07 adds these provisions as Section 5.02.190. The section has been editorially renumbered to prevent duplication of numbering.