Chapter 32 – Business Regulations
32.01-Definitions
32.02-Business Regulation Certificates Required
32.03-Certificate Fee
32.04-Computation
32.05-Certificate Period
32.06-Procedure
32.07-Denial of Certificate
32.08-Suspension or Revocation of Certificate
32.09-Appeals to the City Council
32.10-Coordination with License Provision
32.11-Display
32.01 DEFINITIONS
(a) “Accessory Use” is a use customarily incidental and subordinate to the principal use of a building located on the same lot with the principal use of the building.
(b) “Basement’ is the portion of a building located partly underground but having less than one-half of Its clear floor to ceiling height below the average grade of the adjoining ground.
(C) “Cellar” is the portion of a building partly or wholly underground but having one-half or more than one-half of its clear floor to ceiling height below the average grade of the adjoining ground.
(d) “Consumer” is a person who uses goods or services of another to satisfy his needs, the needs of another, or to resell, or produce other goods with them.
(e) “Floor Area’ is the sum total of the gross horizontal area of all the several floors of a building and its accessory building measured in square feet from the exterior faces of the exterior walls or from the center line of party walls separating two buildings or establishments on each of the respective floors, and shall include the basement floor, cellar floor, floor space used for mechanical equipment, whether open or enclosed, including such equipment as may be located on the roof, penthouse, attic space, balconies, mezzanines, porches and verandas, and floor area devoted to and occupied by accessory uses.
(f) ‘Food Establishment’ is a building or premises, or a portion thereof, the principal use of which is for the sale or dispensing or distributing or serving of food, foodstuff or drink for consumption on or off the premises, or in or outside of the building.
(g) “Industrial Establishment” is a building or premises, or a portion thereof, the principal use of which is for manufacturing, including assembly, processing, fabrication and storage or scientific research and development, and truck terminals.
(h) ‘Owner’ is any person holding legal title to the property, or any person being a beneficiary under a land trust holding title to the property.
(i) ‘Person” is any individual, firm, association, partnership, corporation, trust or any other legal entity.
(j) ‘Retail and Wholesale Establishment’ is a building or premises, or portion thereof, the principal use of which is for the sale or distribution of any commodity for a price or fee by a seller to a consumer or by one business to another business.
(k) ‘Service Establishment” is a building or premises or a portion thereof, the principal use of which is for the rendering of personal or material services for a price or fee whether or not a commodity is worked upon or exchanged and shall include a building or premises, or a portion thereof, the principal use of which is not a food establishment, industrial establishment, or retail and wholesale establishment.
32.02 BUSINESS REGULATION CERTIFICATES REQUIRED
It shall be unlawful for any person to own, operate, lease, or occupy any building or premises, or portion thereof, which is used as a food establishment, industrial establishment, retail and wholesale establishment, or a service establishment prior to or without obtaining a business regulation certificate.
32.03 CERTIFICATE FEE
(a) The following schedule sets forth the fees for the different types of establishments. Where a portion of a building or premises is used as one type of establishment, and a portion as another type of establishment, the fee for each portion of the building shall be calculated using the different fee schedules. All fees shall be paid at the time of application for the certificate.
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1.
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Service Establishment Fee
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Floor Area in Sq. Ft.
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$75.00 |
0- 2,500 |
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149.00 |
2,501 – 5,000 |
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224.00 |
5,001 – 7,500 |
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298.00 |
7,501 – 10,000 |
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373.00 |
10,001 – 12,000 |
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448.00 |
12,501 – 15,000 |
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522.00 |
15,001 – 17,500 |
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578.00 |
17,501 – 20,000 |
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672.00 |
20,001 or over |
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2.
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Retail and Wholesale Establishment Fee |
Floor Area in Sq. Ft.
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$106.00 |
0 – 2,500 |
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213.00 |
2,501 – 5,000 |
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320.00 |
5,001 – 7,500 |
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426.00 |
7,501 – 10,000 |
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533.00 |
10,001 – 12,000 |
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640.00 |
12,001 – 15,000 |
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746.00 |
15,001 – 17,500 |
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833.00 |
17,501 – 20,000 |
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960.00 |
20,001 or over |
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3.
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Industrial Establishment Fee
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Floor Area In Sq. Ft.
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$160.00 |
0 – 10,000 |
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320.00 |
10,001 – 20,000 |
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479.00 |
20,001 – 30,000 |
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640.00 |
30,001 – 40,000 |
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800.00 |
40,001 – 50,000 |
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960.00 |
50,001 – 75,000 |
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1,120.00 |
75,001 – 100,000 |
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1,280.00 |
100,001 – 200,000 |
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1,440.00 |
200,000 or over |
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4.
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Food Establishment Fee
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Floor Area In Sq. Ft.
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|
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$213.00 |
0 – 2,500 |
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320.00 |
2,501 – 5,000 |
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426.00 |
5,001 – 7,500 |
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533.00 |
7,501 – 10,000 |
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640.00 |
10,001 – 12,000 |
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746.00 |
12,501 – 15,000 |
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853.00 |
15,001 – 17,500 |
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960.00 |
17,001 – 20,000 |
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1,067.00 |
20,000 or over |
32.04 COMPUTATION
Total floor area applicable for the determination of the yearly regulatory fee shall include the sum total of all the floor area in use or reserved for or retained for the use of the flood, service, retail and wholesale or industrial establishment, including but not restricted to principal and accessory floor area, celiars and basements, storage or detached accessory buildings, even though any such floor area may be temporarily vacant or not in use.
All measured area expressed in square feet shall be to the nearest integral square foot; if a fraction is one-half square foot or more, the integral square foot next above shall be taken.
Any premises which can be classified as one or more different type of establishments shall pay the fee which is the largest for the applicable number of square feet.
32.05 CERTIFICATE PERIOD
Certificates shall be issued for a period of one year which shall begin on May 1 and which shall terminate on April 30 of the following year. All certificates shall be issued at the yearly rate of fee, except where the certificate Is issued on or after November 1 for an establishment beginning business after November 1, in which case the fee shall be one-half of the yearly fee.
An additionai fee of 50% of the enumerated fee shall be charged for all certificates issued after May I of said calendar year; provided, however, that such additional fee shall not be charged to applicants who have commenced business after May 1 of said calendar year and who have made application for the certificate prior to the date of commencing business.
No additional fee shall be charged if an application accompanied by payment was made in time, but the issuance of the certificate was delayed because of the required inspections of the premises were not performed by City officials.
32.06 PROCEDURE
Certificates shall be issued by the Clerk after investigations by the appropriate building, zoning, fire, health, and police officials to determine if the premises are in compliance with the ordinances of the City of Hickory Hills.
No certificate shall be required for any premises which are vacant, as those premises are not being visited by or used by the public in the transaction of any of the four listed establishments.
In the event that a use of a premises, or portion thereof, is changed during the year, a new certificate must be issued at the established prevailing fee for the premises. No new certificate need be issued if the ownership or occupancy of the premises changes if the use of the premises remains the same.
No certificate shall be issued for any premises if the purpose or activity of the premises does not comply with the ordinances and regulations of the City or the State of Illinois. No certificate shall be issued for any premises which are conducted or operated as a nuisance. No certificate shall be issued for any premises wherein the working conditions are inadequate with respect to overcrowding, light, heat, ventilation or cleanliness.
32.07 DENIAL OF CERTIFICATE
Should the Clerk not issue a certificate upon the request of any person, her denial and the reasons therefor shall be transmitted to the City Council. Any person aggrieved by the decision of the Clerk in regard to the denial of a certificate shall have the right to appeal to the City Council within 10 days after notice of the denial has been mailed or given.
32.08 SUSPENSION OR REVOCATION OF CERTIFICATE
Whenever the conduct or operation of any premises constitutes a nuisance, is in violation of any City ordinance or State statute, or presents a clear and present danger to the public health, safety, and welfare, the Mayor shall be authorized to summarily order the closing of the premises. Within three days after a premises are closed, the Mayor shall call a hearing for the purpose of determining whether or not the certificate shall be revoked or suspended.
(a) In addition to the above reasons, the Mayor after notice and hearing may revoke any certificate for any of the following causes:
1. Any fraud, misrepresentation, or false statement contained in the application.
2. Any violation on the premises of ordinances of the City or State statute.
3. Conviction of the operator of the premises of any felony or misdemeanor where such conviction indicates an inability to operate a safe, honest, and legitimate business or establishment.
4. Failure of the premises owner or occupant to pay any fine, penalty, charge, fee, water bill, or other bill owed to the City.
5. Refusal to permit any inspection officer entry to premises open to the public or refusal to permit the sampling of any food or beverage.
The notice for any hearing shall be given by mail or personal service on the premises at least three days prior to the date of the hearing. After said hearing, the Mayor shall render his decision within 30 days.
32.09 APPEALS TO THE CITY COUNCIL
Any person aggrieved by the decision of the Clerk as set forth in Section 32.07, or by the Mayor as set forth in Section 32.08, shall have the right to appeal the decision to the City Council by filing a written notice of appeal within 10 days after receipt of the denial or revocation of the certificate. All notices of appeal shall be filed with the City Clerk. The City Council shall establish a time and place for the appeals hearing after which they shall make their decision. Their decision shall be final.
32.10 COORDINATION WITH LICENSE PROVISION
As this ordinance and chapter do not license any business or activity in the City, it is possible that the license provisions of the City may also affect the premises or activity being conducted. In that case, the provisions of this chapter and the license chapter shall both apply.
32.11 DISPLAY
All certificates must be posted in a prominent place.