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TITLE 3 BUSINESS AND LICENSE REGULATIONS

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CHAPTER 1

LICENSES AND PERMITS

SECTION:

3-1- 1:  Person Subject to License
3-1- 2:  Applications; Forms; Signatures
3-1- 3:  Term of Licenses
3-1- 4:  Investigations
3-1- 5:  Fees
3-1- 6:  Posting License
3-1- 7:  Inspections
3-1- 8:  Buildings and Premises
3-1- 9:  Location
3-1-10: Nuisances
3-1-11:  Revocation
3-1-12:  Penalty

3-1-1: PERSON SUBJECT TO LICENSE:  Whenever in this Code a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging any activity or occupation, any person 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 City.

3-1-2: APPLICATIONS; FORMS; SIGNATURES: 

A: Applications:  Applications for all licenses and permits required by ordinance shall be made in writing to the City Clerk in the absence of provision to the contrary.  Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid, and each application shall contain such additional information as may be needed for the proper guidance of the City officials in the issuing of the permit or license applied for.

B. Forms:  Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the City Clerk.

C. Signatures:  Each license or permit issued shall bear the signature of the Mayor and the City Clerk in the absence of any provision to the contrary.

D. No Obligations to City: An application for any license or permit required under any provision of this Title 3 shall not be accepted from an applicant who owes any payment to the City, including, but not limited to, the payment of any tax, fee, interest for late payment, sewer bill, or any other fine, assessment or charge, until such payment has been paid in full.  (Ord. No.    2004)

3-1-3 3-1-3:  TERM OF LICENSES:  All annual licenses shall be due on May 1 of each year. All licenses shall terminate on April 30 of each year.  At least three (3) weeks prior to the date of expiration, the City Clerk shall mail to all City licensees a statement of the time of license expiration and the costs of licenses.  Ord. No. 2360 03-08-04) (Ord. No. 2496-06/07 10-09-06)

Provided, that 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 obtain a new license, or a renewal thereof, nor shall it be a defense in an action from operation without a license.  

3-1-4: INVESTIGATIONS:  Upon receipt of an application for a license or permit, where ordinances of the City necessitate an inspection or investigation before the issuance of such permit, the City Clerk shall refer such application to the proper officer for making such investigation within forty eight (48) hours of the time of such receipt.  The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof.  All other investigations, except where otherwise provided, shall be made by the Chief of Police or by some other officer designated by the Mayor.

3-1-5: FEES:  All fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the City Clerk.  When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been or will be conducted.  Except as otherwise provided, all license fees shall become a part of the General Fund.  (Ord. No. 2360 03-08-04) (Ord. No. 2496-06/07 10-09-06)

3-1-6: POSTING LICENSE:  It shall be the duty of any person conducting a licensed business in the City to keep his license posted in a prominent place on the premises used for such business at all times.

3-1-7: INSPECTIONS:

A. Inspections Required; Admission for:  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 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 City who is authorized or directed to make such inspection at any reasonable time that admission is requested.  In the absence of a contrary provision, all inspections necessary to enforce the provision of this Code requiring a license or permit shall be done by the Chief of Police.

B. Analysis:  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 Municipality whose business is governed by such provisions to give to any authorized officer or employee of the City requesting the same sufficient samples of such material or commodity for such analysis upon request.

C. Failure to Allow Inspections:; Revocation:  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 to make the inspection, or take an adequate 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 or such cause unless written demand is make 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.

3-1-8: BUILDINGS AND PREMISES:  No license shall be issued for the conduct of any business, and no permit shall be issued for anything or act if the premises and building to be used for the purpose do not fully comply with the requirements of the City.

3-1-9: LOCATION:

A. Operating at More than One Location:  Except as otherwise provided, no license or permit for the operation of a business or establishment shall be construed to permit the operation of a licensed business or establishment in more than one location; a separate license shall be required for each location of a licensed establishment.  For the purposes of this Section, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses shall be connected or shall be located on the same lot or parcel, shall be operated and managed by the same person or owner and shall be an establishment with the same classification.

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.

3-1-10: NUISANCES:  No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. 

3-1-11: REVOCATION:  Any license or permit for a limited time may be revoked by the Mayor at any time during the life of such license or permit for any violation by the license or permit for any violation by the licensee or permittee of the ordinance provisions relating to the license or permit, the subject matter of the license or permit, or to the premises occupied; such revocation may be in addition to any fine imposed. 

3-1-12: PENALTY:  Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 2

MUNICIPAL TAXATION

SECTION:

3-2-1: Home Rule Municipal Retailers' Occupation Tax
3-2-2: Home Rule Municipal Service Occupation Tax
3-2-3: Municipal Use Tax
3-2-4: Rebate of Home Rule Taxes on Certain Sales
3-2-5: Motor Fuel Tax
3-2-6: Hotel/Motel Use Tax
3-2-7: Package Liquor Tax
3-2-8: Restaurant Food and Beverage Tax

3-2-1: HOME RULE MUNICIPAL RETAILERS' OCCUPATION TAX:

A. Tax Imposed:  A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in this municipality at the rate of 1 1/4% of the gross receipts from such sales made in the course of such business in accordance with the terms, conditions and limitations of Chapter 65, Illinois Consolidated Statutes, Section 5/8-11-1. (Ord. No. 2465 03/27/06)

B. Administration and Enforcement:  The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois.  The Department of Revenue of the State of Illinois shall have full power to administer and enforce the provisions of this Article.

3-2-2: HOME RULE MUNICIPAL SERVICE OCCUPATION TAX:

A. Tax Imposed:  A tax is hereby imposed upon all persons engaged in the business of making sales of service at the rate of 1 1/4%, as imposed by Section 3-2-1-A hereof, of the selling price of all tangible personal property transferred by such servicemen, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service in accordance with the terms, conditions and limitations of Chapter 65, Illinois Consolidated Statutes, Section 5\8-11-5.  (Ord. No. 2465 03/27/06)

B. Administration and Enforcement:  The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois.  The Department of Revenue of the State of Illinois shall have full power to administer and enforce the provisions of this Article. 

3-2-3: MUNICIPAL USE TAX:

A. Tax Imposed:  A tax is hereby imposed in accordance with provisions of paragraph 8-11-6 of the Illinois Municipal Code (65 ILCS) upon the privilege of using in the City any item of tangible personal property which is purchased at retail from a retailer, and which is titled or registered with an agency of Illinois government.  This tax shall be at rate of one percent (1 1/4%) of the selling price of such tangible personal property with "selling price" to have the meaning as defined in the "Use Tax Act", approved July 14, 1955, as amended.  Such tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the City.  (Ord. No. 2465 03/27/06)

B. Collection by State; When Due:  Such tax shall be collected by the Illinois Department of Revenue for the City and shall be paid before the title or certificate of registration for the personal property is issued.

3-2-4: REBATE OF HOME RULE TAXES ON CERTAIN SALES:

A. The City Council has determined that a rebate shall be offered in the amount of any Home Rule Municipal Retailer's Occupational Tax or Home Rule Municipal Service Tax paid to the State of Illinois and not collected from the purchaser on the selling price of an item of tangible personal property equal to or exceeding One Thousand Dollars ($1,000.00).  Said rebate offer shall not be applicable to said taxes charged and collected on sales of any amount.
 
B. Said rebate shall be offered to any person engaged in the business of selling tangible personal property upon which said Occupational Tax is imposed and to any person engaged in the business of selling tangible personal property incident to a sale of service upon which said Service Tax is imposed.

C. Rebates shall be offered on a calendar quarter basis only.  Rebates shall be offered only to said persons who file a quarterly rebate claim form provided by the Chief Financial Officer of the City with the Chief Financial Officer on or before the last day of the fourth calendar month following the end of the filing period.  Said rebate shall be reduced by 1.75% of the tax paid, said reduction being the discount allowed by the State of Illinois for timely payment of all sales taxes due.

D. The Chief Financial Officer is hereby authorized to promulgate rules and regulations regarding the offer of any such rebate and is further authorized to deny a rebate to any person who fails to comply with said rules and regulations or fails to submit documentation required by the Chief Financial Officer verifying the sale and amount of rebate.  Said rules and regulations may include the filing of an annual audit by an independent Certified Public Accountant, the scope of which shall comply with guidelines as set forth by the Chief Financial Officer.  This audit shall be filed on or before the 90th day following the close of the sellers fiscal year.
 
3-2-5: MOTOR FUEL TAX:

A.  TITLE. This Ordinance shall be known and cited as the Motor Fuel Tax   Ordinance of the City of Pekin, Illinois.  

B. DEFINITIONS. For the purposes of this Ordinance, whenever any of the   following words, terms or definitions are used herein, they shall have the meaning  ascribed to them in this section:

(i) “BULK USER”.  Any person who purchases motor fuel for storage in bulk storage facilities located within the City, which facilities are owned, leased, or controlled by the person, for subsequent dispensing into the supply tanks or internal combustion engines operated by the person.

(ii) “GASOHOL”.  A fuel used chiefly in internal combustion engines which is   comprised chiefly of gasoline and ethyl alcohols in variable quantities.

(iii) “GASOLINE” or “DIESEL FUEL”.  A volatile, highly flammable or combustible, liquid mixture of hydrocarbons produced by the fractional distillation of petroleum and used chiefly as a fuel in internal combustion engines, but shall not include mixtures commonly known as kerosene and aviation fuel, or mixtures used in the heating of buildings.

(iv) “MOTOR FUEL”.  Gasohol and gasoline and diesel fuel as defined in this   section.

(v) “PERSON”.  Any natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, contractor, supplier, vendor, vendee, operator, user or owners, or any officer, agents, employees, or other representative, acting either for himself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties.  The masculine, feminine, singular, or plural is included in any circumstances. 

(vi) “RETAIL GASOLINE DEALER”.  Any person who engages in the business of selling motor fuel in the City, to a purchaser for use or consumption and not for resale in any form.

(vii) “SALE”, “RESALE” and “SELLING”.  Any transfer of ownership or   possession, or both, exchange or barter, conditional or otherwise, in any manner  or by any means whatsoever for a valuable consideration.

(viii) E-85 Blend Fuel: A fuel consisting of 85% ethanol and 15% gasoline.
(Ord. No. 2459 02/27/06)

C. TAX IMPOSED AND EXEMPTIONS

(i) There is levied and imposed upon the purchase of each gallon of motor fuel, or fraction thereof sold at retail within the corporate limits of the City, irrespective of the unit of measure in which it is actually sold, a tax at the rate of ($.04) per gallon, except on the retail sale of E-85, which shall be exempt from the ($.04) per gallon tax until December 31, 2009.  The tax herein levied shall be paid in addition of any and all other taxes and charges, but such other taxes and charges shall not be construed as part of the purchase price upon which the tax herein is levied.  (Ord. No. 2459 02/27/06)

(ii) The ultimate incident of and liability for payment of the tax is to be borne by the retail purchaser of motor fuel.  Nothing in this Article shall be construed to impose a tax upon the occupation of persons engaged in the retail sale of motor fuel.

(iii) It shall be the duty of every retail gasoline dealer to secure the tax from the purchaser at the time the dealer collects the purchase price for the motor fuel and to pay over the tax to the Finance Department as provided in this Article except in the case of a sale to a bulk user, in which case the bulk user shall pay over the tax to the Department as provided in this Article.

(iv) A retail gasoline dealer may make tax free sales with respect to which he is otherwise required to collect the tax when the sale is made to the federal government, the State of Illinois, any municipality, or unit of local government as those terms are defined by Section I of Article VII of the Constitution of the State of Illinois of 1970, or any school district.

D. TAX AND REPORT TRANSMITTAL.

(i) Every retail gasoline dealer shall transmit to the Treasurer, or the City Clerk, at the Manager’s discretion for receipt by the Department no later than the last day of each calendar month, a sum of money equal to the amount of motor fuel tax collected for the preceding calendar month, accompanied by a report upon forms supplied by the Treasurer, or the City Clerk, at the Manager’s discretion, indicating the gross gallons of motor fuel sold for the preceding calendar month, and such other information as the Treasurer, or the City Clerk, at the Manager’s discretion may require for enforcement of this Article. (Ord. No. 2568-08/09 10-14-08)

(ii) Every bulk user shall transmit to the Finance Department for receipt by the Department, no later than the last day of each calendar month, a sum of money equal to the amount of motor fuel tax owning for the preceding calendar month, accompanied by a report upon forms supplied by the Finance Department indicating the gross gallons of motor fuel purchased for the preceding calendar month, and such other information as the Department may require for enforcement of this Article.

(iii) In case any person who is required under this article to file a tax return to the City fails to file a return when and as required under this article, such person shall pay to the City, in addition to the amount of tax required to be transmitted, a penalty of five percent of the tax that such person is required to transmit to the City provided, however, a 20 percent penalty shall be imposed for any fraudulent failure to transmit such tax.

(a) In case any person who is required under this article to file a tax return to the City files a return at the time required but fails to transmit the tax proceeds, or any portion thereof to the City when due, a penalty of five  percent of the amount of tax not transmitted to the City shall be added thereto; provided, however, the fraudulent failure to pay such tax shall result in a 20 percent penalty.

(b) In addition to any penalty for which provision is made in this article, any amount of tax not transmitted when due shall bear interest at the rate of two  percent per month, or fraction thereof, until fully transmitted.

(iv) Any officer or employee of any corporation which is an owner subject to the provisions of this article who has the control, supervision or responsibility of collecting tax proceeds, filing returns and transmitting collected tax proceeds of the tax imposed by this article and who willfully fails to file such return or to transmit any tax proceeds so collected to the City shall be personally liable for any such amounts collected, including interest and penalties thereof, if after proper  proceedings for the collection of such amount such corporation is unable to pay such amounts to the City, and the personal liability of such officer or employee, as provided in this article, shall survive dissolution of the corporation.  For purposes of this subsection, a person willfully fails to act if he takes any conscious and voluntary action intending not to perform any of his obligations hereunder, including, but not limited to, the utilizing of tax proceeds collected for the City to pay any other corporation obligations.

E. RECORDS; INSPECTION.

(i) Every retail gasoline dealer shall keep complete and accurate records, including a daily sheet showing the gross gallons of motor fuel sold for each day, and the amount of motor fuel tax collected on each day.

(ii) Every bulk user shall keep complete and accurate records of purchases of motor fuel, including the dates of the purchases, the gross gallons purchased on each of the dates, and the names and addresses of the retail gasoline dealers from whom each of the purchases were made.    

(iii) For the purpose of administering and enforcing this Article, the Finance   Department shall have the right to inspect all books, records and reports of retail  gasoline dealers and bulk users during their normal business hours.

F. MOTOR FUEL TAX FUNDS.

(i) The Finance Department shall deliver the proceeds of the motor fuel tax imposed by this article to the City Treasurer for deposit into a separate fund to be designated as the “Motor Fuel Tax Fund”.  The City Treasurer shall deposit investment earnings and other monies including penalties credited to the motor fuel tax fund into the fund.   

(ii) Said fund shall be specifically designated for the express purpose of capital improvements, including street construction and rehabilitation, curb and gutter work, storm sewer, sidewalk and other street-related improvements.  By a majority vote of the corporate authorities, the funds may be pledged by the City to be used for capital improvement as defined in this section. 

G. COLLECTION.  Whenever any person shall fail to pay any tax as provided in this article, the Corporation Council shall, upon the request of the Treasurer, bring or cause to be brought an action to enforce the payment of such tax on behalf of the City in any court of competent jurisdiction. (Ord. No. 2568-08/08 10-14-08)

H. PENALTY FOR VIOLATION.

(i) Any person found guilty of violating, disobeying, omitting, neglecting, or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this article, except when otherwise specifically provided, upon conviction thereof, shall be punished by a fine of not less than $200.00 nor more than $300.00 for the first offense and not less than $300.00 nor more than as provided in Section 1-4-1 of this Code for the second and each subsequent offense in any 180 day period.

(ii) Repeated offenses in excess of three within any 180 day period may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months.  A separate and distinct offense shall be regarded as committee each day upon which such person shall continue any such violation or permit any such violation to exist after notification thereof.

I. EFFECTIVE DATE. The motor fuel tax shall be levied, imposed and collected  commencing May 1, 1996.

3-2-6: HOTEL/MOTEL USE TAX.   (Ord. No. 2024 03-25-96)

A. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(i) Hotel or motel means a structure kept, used or maintained as or advertised or held out to the public to be an inn, motel, hotel, apartment-hotel, lodging house, dormitory or place where sleeping, rooming, office, conference or exhibition accommodations are furnished for lease or rent, whether with or without meals.

(ii) Hotel room or motel room means a room within a structure kept, used or maintained as or advertised or held out to the public to be in an inn, motel, hotel, apartment-hotel, lodging house, dormitory or place where sleeping, rooming, office, conference or exhibition accommodations are furnished for lease or rent, with or without meals.  One room offered for rental, with or without an adjoining bath, shall be considered as a single hotel or motel room.  The number of hotel or motel rooms within a suite shall be computed on the bases of those rooms utilized for the purpose of sleeping.

(iii) Owner means any person having a sufficient proprietary interest in conducting the operation of a hotel or motel room or receiving the consideration for the rental of such hotel or motel room so as to entitle such person to all or a portion of the net receipts thereof.

(iv) Person means any natural person, trustee, court-appointed representative, syndicate,  association, partnership, firm, club, company, corporation, business  trust, institution, agent, governmental corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representative acting either for himself or for any other person in any capacity, or any other entity recognized by law as the subject of rights or duties.

B. TAX.

(i) There is hereby levied and imposed upon the use and privilege of renting a hotel or motel room within the City a tax of five (5%) percent of the rental or leasing charge for each such hotel and motel room rented for each 24-hour period or any portion thereof; provided, however, that the tax shall not be levied and imposed upon any person who works and lives in the same hotel or motel.  (Ord. No. 2272 11-13-01) (Ord No. 2398 11-22-04)

The tax shall not be levied and imposed upon any person that rents a hotel or motel room for use by the same natural person or persons for more than 30 consecutive days, the tax imposed herein applicable to the first 30 days of a hotel room rental which extends beyond 30 days.  Upon the 31st consecutive day of rental, the renter is due a refund or credit from the tax collector for the 30 consecutive days of tax paid.  Persons engaged in the business of renting, leasing or letting rooms in a hotel only to permanent residents are exempt from the provisions of this article.
(Ord. No. 2583-09/10 05-11-09)                                   

(ii) The ultimate incident of and liability for payment of such tax shall be borne by the person who seeks the privilege of occupying any such hotel or motel room, such person thereinafter referred to as “renter”.

(iii) The tax herein levied shall be paid in addition to any and all other taxes and charges.  It shall be the duty of the owner, manager or operator of every hotel or motel to act as trustee for and on account of the City, and to secure such tax from the renter of the hotel or motel room and pay over to the Finance Director or as otherwise provided in this article.

(iv) Every person required to collect the tax levied by this article shall secure such tax from the renter at the time he collects the rental payment for the hotel or motel room.  Upon the invoice receipt or other statement or memorandum, if the rent is given to the renter at the time of payment, the amount due under the tax provided in this article shall be stated separately on such documents.

C. RULES AND REGULATIONS. The Finance Director may promulgate rules and regulations not inconsistent with the provisions of this article concerning enforcement and application of this article.  The term “rules and regulations” includes, but not limited to, case-by-case determination of whether or not the tax imposed by this article applies.

D. LICENSE REQUIRED.

(i) It shall be unlawful for any person to establish, operate or maintain, or permit to be  established, operated or maintained, upon any property owned or controlled by him a hotel or motel within the City without having first obtained a license therefor from the City Clerk or without complying with all provisions of this article.

(ii) No license shall be issued or annually renewed for a hotel or motel delinquent in payment of the use and privilege tax or the payment of any fines and/or penalties assessed for the non-payment or late payment thereof.

(iii) The annual fee for such license for a hotel or motel shall be $10.00.  The license shall be valid for one year.

E. BOOKS AND RECORDS. The Finance Director, or any person certified as his deputy or representative, may enter the premises of any hotel or motel for inspection and examination of books and records in order to effectuate the proper administration of this article and to assure the enforcement of the collection of the tax imposed.  It shall be unlawful for any person to prevent, hinder, or interfere with the Finance Director or his duly authorized deputy or representative in the discharge of his duties and the performance of this article.   It shall be the duty of every owner to keep accurate and complete books and records to which the Finance Director or his deputy or authorized representative shall at all times have access, which records shall include a daily sheet showing:

(i) The number of hotel or motel rooms rented during the 24-hour period, including multiple rentals of the same hotel rooms where such shall occur; and

(ii) The actual hotel or motel tax receipts collected for the date in question.

F. TRANSMITTAL OF TAX REVENUE.

(i) The owner of each hotel or motel room within the City shall file tax returns showing tax receipts received with respect to each hotel and motel room during each monthly period commencing on May 1, 1996, and continuing on the first day of every month thereafter on forms prescribed by the Finance Director.  The return shall be due on or before the 15th day of the calendar month succeeding the end of the monthly filing period.  Such owner shall file an application with the city finance department for a city taxpayer identification number prior to filing the first tax return. (Ord. No. 2052 08-31-96)

(ii) The first taxing period for the purpose of this article shall commence on May 1, 1996; and the tax return and payment for such period shall be due on or before June 30, 1996.  Thereafter, reporting periods and tax payments shall be in accordance with the provisions of this article.  At the time of filing such tax returns, the owner shall pay to the Finance Department all taxes due for the period to which the tax return applies.

(iii) In case any person who is required under this article to file a tax return to the City fails to file a return when and as required under this article, such person shall pay to the City, in addition to the amount of tax required to be transmitted, a penalty of five (5%) percent of the tax that such person is required to transmit to the City; provided, however, a twenty (20%) percent penalty shall be imposed for any fraudulent failure to transmit such tax.

(a)  In case any person who is required under this article to file a tax return to the City files a return at the time required but fails to transmit the tax proceeds, or any portion thereof, to the City when due, a penalty of five (5%) percent of the amount of tax not transmitted to the City shall be added thereto; provided, however, the fraudulent failure to pay such tax shall result in a twenty (20%) percent penalty.

(b)  In addition to any penalty for which provision is made in this article, any amount of tax not transmitted when due shall bear interest at the rate of two (2) percent per month, or fraction thereof, until fully transmitted.

(c)  In addition to any of the previous penalties above set forth, any person who is required under this Article to file a return and to transmit the tax proceeds, but fails to do so in a timely manner, shall be ineligible for any reimbursement of funds from the City if they were in arrears at the time the event for which reimbursement is sought occurs; or if they have been in arrears for any amount of time, on two or more occasions in the previous preceding twelve months from when application for reimbursement was made. (Ord. No. 2568-08/09 10-14-08)

(iv) Any officer or employee of any corporation which is an owner subject to the provisions of this article who has control, supervision or responsibility of collecting tax proceeds, filing returns and transmitting collected tax proceeds of the tax herein imposed by this article and who willfully fails to file such return or to transmit any tax proceeds so collected to the City shall be personally liable for such amounts collected, including interest and penalties thereon, if after proper proceedings for the collection of such amount, such corporation is unable to pay such amounts to the City; and the personal liability of such officer or employee, as provided in this article, shall survive dissolution of the corporation.  For purposes of this sub-section, a person willfully fails to act if he takes any conscious and voluntary action intending not to perform any of his obligations hereunder, including, but not limited to, the utilizing of tax proceeds collected for the City to pay any other corporation obligations.

(v)  The person filing such return shall attach thereto a copy of its Illinois Retailer’s Sales and Use Tax or Hotel Operator’s Tax returns for the month for which a return is made under this article.

G. COLLECTION.  Whenever any person shall fail to pay any tax as provided in this article, the Corporation Council shall, upon the request of the Treasurer, bring or cause an action to enforce the payment of such tax on behalf of the City in any court of competent jurisdiction. (Ord. No. 2568-08/09 10-14-08)

H. PROCEEDS OF TAXES AND FINES.  All proceeds resulting from the imposition of the tax under this article, including penalties, shall be paid into the city treasury and shall be credited to and deposited in the corporate fund of the City.  Such proceeds shall be used exclusively for the promotion of tourism and conventions within the city or to attract overnight non-resident visitors to the City.  No Hotel/Motel tax funds received by the City shall be used to advertise for or otherwise promote new competition in the hotel business.  (Ord. No 2398 11-22-04)

I. SUSPENSION OF LICENSES.  If the Mayor, after hearing held by or for him, shall find that any person has willfully avoided payment of the tax imposed by this article, or any fines and\or penalties assessed for the non-payment or late payment of such tax, he may suspend or revoke all city licenses held by such tax evader.  The owner, manager or operator of the hotel or motel shall have an opportunity to be heard at such hearing to be held not less than five days after notice of the time and place of the hearing to be held, addressed to him at his last known place of business.

J. PENALTIES.

(i) Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this article, except when otherwise specifically provided, upon conviction thereof, shall be punished by a fine of not less than $200.00 nor more than $300.00 for the first offense and not less than $300.00 nor more than as provided in Section 1-4-1 of this Code for the second and each subsequent offense in any 180 day period.

(ii) Repeated offenses in excess of three within any 180 day period may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months.  A separate and distinct offense shall be regarded as committee each day upon which such person shall continue any such violation or permit any such violation to exist after notification thereof.

K. PURPOSES OF PENALTIES.  The purpose of imposing the penalties provided for the violation of this article is to ensure the integrity of the collection process established  pursuant to this article.
 
3-2-7: PACKAGE LIQUOR TAX

SECTION 1 - ENTITLEMENT. This Division shall be known and cited as the City of Pekin privilege tax upon the privilege of purchasing alcoholic liquor at retail, and the tax herein imposed shall be know and cited as the City of Pekin privilege tax upon the privilege of purchasing alcoholic liquor at retail.

SECTION 2 - DEFINITIONS. For the purposes of this Chapter, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section:

1. Alcoholic liquor: Alcoholic liquor is defined in the same manner as the term is defined in  the Municipal Code, City of Pekin, Illinois, as amended, except, however, the term shall not include alcoholic liquor beverages purchased for immediate consumption on the premises where sold.
 
2. Liquor establishment: Any premises required to obtain a retail liquor license pursuant to the Municipal Code, City of Pekin, Illinois, as amended, and any premises which may sell alcoholic liquor at retail without a City of Pekin license.
 
3. Owner: Any person or persons having a sufficient proprietary interest in conducting the operation of a liquor establishment so as to entitle such a person or persons to all or a portion of the net receipts thereof.
 
4. Person: The term shall mean any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm co-partnership, joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations shall mean the owners or part-owners thereof, and as applied to corporations, the officers thereof.
 
5. Sale at retail: Means any transfer of the ownership of alcoholic liquor to a purchaser for the purposes of use or consumption and shall include any transfer to a purchaser for use or consumption by any other person to whom such purchaser may transfer the alcoholic liquor without a valuable consideration.
 
6. City: Means City of Pekin.

SECTION 3 - IMPOSITION OF TAX. From and after May 1, 2009, there is hereby levied and imposed upon the privilege of purchasing alcoholic liquor at any liquor establishment in the City, a tax of two percent (2%) of the purchase price, exclusive of any other tax charged for such alcoholic liquor.

SECTION 4 - LIABILITY FOR PAYMENT.

1. The ultimate incidence of and liability for payment of said tax shall be borne by the person who seeks the privilege of purchasing alcoholic liquor at retail at any liquor establishment, said person hereinafter referred to as "consumer".
 
2. The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner, manager or operator of every liquor establishment to secure said tax from the consumer of a liquor establishment and remit to the City of Pekin said tax under the rules and regulations prescribed by the Treasurer and as otherwise provided in this article.

SECTION 5 - COLLECTION OF TAX. Every person required to collect the tax levied by this article shall secure said tax from the consumer at the time he collects payment for the sale of alcoholic liquor at retail. The amount due under the tax provided in this article shall be stated separately on the invoice receipt or other statement or memorandum of the payment given to the consumer at the time of payment, unless the person required to collect the tax does not have a cash register that separately states such tax. In any event the person required to collect the tax shall keep records that clearly support total liquor sales and liquor taxes due hereunder.

SECTION 6 - RULES AND REGULATIONS. The Treasurer of the City of Pekin may promulgate rules and regulations not inconsistent with the provisions of this Chapter concerning the enforcement and application of this Chapter. The term "rules and regulations" includes, but is not limited to, a case by case determination whether or not the tax imposed by this Chapter applies.

SECTION 7 - FILING OF RETURN. The owner or owners of each liquor establishment within the City of Pekin shall file tax returns showing tax receipts received during each monthly period on forms prescribed by the Treasurer. The returns shall be due on or before the 20th day of the calendar month succeeding the end of the monthly filing period. At the time of filing said returns, the owner shall remit to the City of Pekin all taxes collected for the period to which the tax return applies.

SECTION 8 - FAILURE TO PAY, COLLECT, OR REMIT TAX. If for any reason any tax is not collected or remitted when due, a penalty at the rate of two (2) percent per month on the amount of tax which remains un-remitted shall be added and collected. Additionally, a one (1) time late filing fee of seven and one-half percent (7 1/2%) may be imposed and collected for any filings remitted after the 20th of the month. Whenever any person shall fail to pay, collect, or remit any tax as herein provided, the Corporation Counsel upon the request of the City Manager shall bring or cause to be brought an action to enforce compliance in any court of competent jurisdiction.  As compensation for services rendered in the collection and payment of this tax, retailers filing a tax return may retain an amount of money equal to one percent (1%) of the tax.  (Ord. No. 2595-09/10 09-28-09)
 
SECTION 9 - RECORDS.

1. Every owner, manager, or operator of a liquor establishment in the City of Pekin shall keep books and records which, at a minimum, include a daily sheet showing: 
 
     1. The amount of taxable receipts within the twenty-four (24) hour period; and 
 
     2. The actual liquor establishment tax receipts collected for the date in question.
 
2. The City Manager or his delegate shall at all reasonable times have full access to said books and records.
 
3. The financial records of any liquor establishment submitted pursuant to this article or any rule and regulation promulgated thereunder shall not be available for public inspection in order to protect the owners' right to privacy except when necessary in any action to enforce collection of tax under this Division.

SECTION 10 - EXEMPTIONS. The tax imposed under this Chapter shall not apply or be imposed upon a person organized and operated exclusively for charitable, religious, or educational purposes to the extent alcoholic liquor is purchased by such person and used solely for the charitable, religious or educational purposes of such person and is not resold for profit.

SECTION 11 - SUSPENSION OR REVOCATION OF LICENSES FOR FAILURE TO COMPLY; HEARING.

1. Procedure for persons not holding a City liquor license: If the City Manager, after a hearing held by or for him, shall find that any person has willfully avoided collection or remittance of the tax imposed by this Chapter, he may suspend or revoke all city licenses held by such person. The owner, manager, or operator of the liquor establishment shall have an opportunity to be heard and such hearing to be held not less than five (5) days after notice of the time and place of the hearing addressed to the owner, manager, or operator at his last known place of business. The suspension or revocation of any license shall not release or discharge the owner, manager, or operator of the liquor establishment from his civil liability for the collection or remittance of the tax nor for prosecution of such offense.
 
2. Procedure for persons holding a City liquor license: If the Liquor Commissioner, after a hearing held by or for him, shall find that any person has willfully avoided collection or remittance of the tax imposed by this Chapter, he may suspend or revoke the retail liquor license held by said person. The suspension or revocation of the retail liquor license shall not release or discharge the owner, manager or operator of the liquor establishment from his civil liability for the collection or remittance of the tax nor for prosecution of such offense.

SECTION 12 - DISPOSITION OF PROCEEDS OF TAX. All proceeds resulting from the imposition of the tax under this Chapter, including penalties, shall be paid into the treasury of the City of Pekin, and shall be credited to and deposited in the corporate fund of the City.

SECTION 13 - PENALTY. Any retailer found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provision of this Division, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) for the first offense, and not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00) for the second offense, and not less than One Thousand Dollars ($1,000.00) nor more than Four Thousand Dollars ($4,000.00) for the third offense, and not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) for the fourth and each subsequent offense, or five (5) times the amount of the tax imposed, if any, whichever is higher, for the second and each subsequent offenses. A separate and distinct offense shall be regarded as committed each day said retailer shall continue any such violation, or permit any such violation to exist after notification thereof.
(Ord. No. 2578-09/10 02-24-09 Effective 05-01-09)
 
3-2-8: FOOD AND BEVERAGE TAX

SECTION 1 - DEFINITIONS.

For the purposes of this Chapter, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this Section:

1. Alcoholic Liquor means any spirits, wine, beer, ale or other liquid containing more than one half of one percent of alcohol by volume, which is capable of being consumed as a beverage by a human being.
 
2. Prepared Food Item for Immediate Consumption means and includes any and all material, whether solid, semi-solid or liquid used or intended to be used for human consumption and for nourishment of the human body. The term defined herein includes any and all alcoholic liquor except alcoholic liquor purchased in original package for consumption off the premises where sold. The term includes soft drinks as defined in Section 2-10 of the Illinois Retailers’ Occupation Tax Act (35 ILCS 120/2-10). The term shall include and be limited to:
 
     1. Food items purchased at a restaurant, bar or other establishment where facilities are provided for on-premise consumption, but such term shall not include food items not intended for immediate consumption purchased from other areas of any such establishment where such facilities providing on-premise consumption utilize a separate means of collecting receipts for such food purchased for immediate consumption and are physically separated from such other areas in the establishment.
 
     2. Food items purchased from concession stands, snack shops and other establishments which sell food items primarily in individual sized servings, such as ice cream cones, candy bars and individually serve sandwiches, for immediate on-premises or off-premises consumptions; and
 
     3. Food items which are purchased hot or are otherwise purchased prepared by immediate on-premise or off-premise consumption from catering establishments and restaurants with delivery services, except food items prepared off the premises.
 
For purposes of this Section, “food items prepared off the premises” means food items which are grilled, broiled, baked, fried or cooked in some other similar manner off the premises of the retailer. Such term shall not include food items which are precooked and then heated or warmed-up off the premises or food items which were previously cooked or prepared and then reheated off the premises.
 
3. Retailer means any person or persons having a sufficient proprietary interest in conducting a business which sells prepared food items for immediate consumption so as to entitle such person or persons to all or a portion of the net receipts from the sale thereof.
 
4. Person means any natural person, trustee, court appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representatives, acting either for himself or herself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstance.
 
5. Restaurant means and includes any public place kept, used, maintained, advertised and held out to the public, as a place at which prepared food items for immediate consumption are served and/or prepared, whether or not consumed or intended to be consumed on the premises, but shall not include coin-operated automatic food dispensing machines.
 
6. Bar means and includes an establishment for the serving of alcoholic liquor.

SECTION 2 - IMPOSITION OF TAX.

1. From and after May 1, 2009, there is hereby levied and imposed upon the privilege of purchasing food items prepared for immediate consumption and alcoholic liquor served or prepared at a restaurant, bar or other establishment covered by this article in the City of Pekin, a tax of two (2%) percent of the purchase price, exclusive of any other tax charged for such food items. 
 
2. Exempt from the tax imposed above are persons purchasing food items prepared for immediate consumption served or prepared at:
 
     1. A restaurant owned by a church, grade school, junior high school or high school within the City of Pekin.
 
     2. Restaurants used primarily in conjunction with institutional living establishments within the City of Pekin, including but not limited to dormitories, fraternities, sororities, residential care facilities and hospitals;
 
     3. Premises or operations of not-for-profit organizations who serve food on an occasional and irregular basis.

SECTION 3 - LIABILITY FOR PAYMENT.

1. The ultimate incidence of and liability for payment of said tax shall be borne by the person who purchases prepared food for immediate consumption. Said person hereinafter referred to as “consumer.”
 
2. All retailers shall jointly and severally have the duty to collect and shall collect and account for the tax imposed in Section 2 from each consumer at the time that the consideration for such purchase is paid. Such retailers shall be the trustee for the City in the collection and remittance of said taxes.

SECTION 4 - COLLECTION OF TAX. Every person required to collect the tax levied by this Section shall secure said tax from the consumer at the time he collects payment for the service of prepared food. Upon the invoice receipt or other statement or memorandum of the payment given to the consumer at the time of payment, the amount due under the tax provided in this Division shall be stated separately on said documents or combined with the amount of the Illinois Retailer’s Occupation Tax Act.

SECTION 5 - RULES AND REGULATIONS. The Treasurer of the City of Pekin may promulgate rules and regulations not inconsistent with the provisions of this Division concerning the enforcement and application of this Division. The term “rules and regulations” includes, but it not limited to, a case-by-case determination whether or not the tax imposed by this Division applies.

SECTION 6 - FILING OF APPLICATION. The owner of each restaurant shall complete a City of Pekin Application for Registration within thirty (30) days of opening for business. The application shall be filed with the City Clerk of the City of Pekin.  Existing businesses shall complete their application before the 15th day of April, 2009.

SECTION 7 - FILING OR RETURN.

1. All retailers shall pay to the City of Pekin all taxes collected. The owner of each restaurant within the City of Pekin shall file monthly tax returns showing tax receipts received during each monthly period on forms prescribed by the Treasurer. The return shall be filed before the 20th day of the calendar month next succeeding the month for which the return is made and shall be accompanied by payment of all taxes due and owing for the month covered by said return.  See return attached hereto as Exhibit "A".
 
2. The first taxing period for the purpose of this Section shall commence on May 1, 2009, and the tax return and payment for such period shall be due on or before June 20, 2009. Thereafter, reporting periods and tax payments shall be in accordance with the provisions of this Section.
 
3. Any payment made by check which is returned to the City of Pekin because of insufficient funds may result in the Treasurer requiring the retailer to make future payments by cashier’s check or money order.

SECTION 8 - FAILURE TO FILE RETURN AND PAY TAX.

1. If for any reason any tax is not paid when due, a penalty at the rate of ten percent (10%) per thirty (30) day period or portion thereof, from the day of delinquency, shall be added and collected.

2. In addition to the penalty assessed, any amount of tax which is not paid when due shall bear interest at the rate of two percent (2%) per month or fraction thereof form the date when such tax becomes past due until such tax is paid or a judgment thereof is obtained by the City of Pekin.

3. As compensation for services rendered in the collection and payment of this tax, retailers filing a tax return may retain an amount of money equal to one percent (1%) of the tax due.

SECTION 9- FINANCIAL RECORDS.

1. All retailers shall cause complete and accurate books, records and accounts showing the gross receipts for sale of taxable prepared food items and the taxes collected each day, which shall be made available in the City for examination by the City upon reasonable notice and during customary business hours.
 
2. The financial records of any restaurant submitted pursuant to this Division or any rule and regulation promulgated thereunder shall be considered confidential proprietary information and shall not be disclosed except as allowed by law.

SECTION 10 - FAILURE TO REMIT; LICENSING. Payment and collection of said tax may be enforced by action in any court of competent jurisdiction and failure to collect, account for and pay over any tax collected from purchasers of taxable items shall be cause for revocation of any City license of such retailer or applicable to the premises thereof, in addition to any other penalty provided in this Ordinance.

SECTION 11 - VIOLATIONS; PENALTIES. Any retailer found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provision of this Division, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) for the first offense, and not less than Five Hundred Dollars ($500.00), nor more than Two Thousand Dollars ($2,000.00) for the second offense, and not less than One Thousand Dollars ($1,000.00) nor more than Four Thousand Dollars ($4,000.00) for the third offense, and not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) for the fourth and each subsequent offense, or five (5) times the amount of the tax imposed, if any, whichever is higher, for the second and each subsequent offenses. A separate and distinct offense shall be regarded as committed each day said retailer shall continue any such violation, or permit any such violation to exist after notification thereof.
(Ord. No. 2579-09/10 02/24/09 effective 05-01/09)

CHAPTER 3

LIQUOR CONTROL       

SECTION:

3-3- 1:    Definitions      
3-3- 2:    Local Liquor Commissioner
3-3-3:     Local Liquor Commission
3-3-4:     Licensing Regulations
3-3-4- 1: License Required
3-3-4- 2: Application
3-3-4- 3: Initial License Application Fee
3-3-4- 4: Restrictions on Issuance of License   
3-3-4- 5: Classification and License Fee   
3-3-4- 6: Record of Licenses     
3-3-4- 7: Term of License; Prorating Fee
3-3-4- 8: Transfer of License
3-3-4- 9: Renewal of Licenses
3-3-4-10: Displaying License
3-3-5:      Sales Regulations
3-3-5-1:   Closing Hours
3-3-5-2:   Location Restrictions
3-3-5-3:   View From Street
3-3-5-4:   Sanitary Conditions
3-3-6:      Employees
3-3-7:      Sales to Persons of Nonage, Mental Incompetents and Intoxicated Persons
3-3-8:      Duty to Report Violations
3-3-9:      Telephone on Premises
3-3-10:    Entry Powers for Inspections
3-3-11:    Violation of Retailers' Occupation Tax Act
3-3-12:    Suspension, Revocation, Fine and Costs
3-3-13:    Severability    

Ord. No. 2337 08/11/03; Ord. No. 2339 09/22/03; Ord. No. 2411 02/14/05; Ord. No.2413 02/28/05; Ord. No. 2461 02/27/06; Ord. No. 2466 03/27/06; Ord. No. 2495 10/09/06; Ord. No. 2518 02/26/07; Ord. No. 2545 01/14/08; Ord. No. 2546 01/14/08; Ord. No. 2554 04/28/08; Ord. No 2607 01-25-10               

3-3-1: DEFINITIONS:  Unless the context otherwise provides, words and phrases used in this Chapter shall be construed as hereinafter set forth, or as used in the Illinois Liquor Control Act, as amended:

ADDITIONAL LICENSE CONDITIONS means conditions imposed by the Local Liquor Commissioner that extend or restrict the circumstances under which alcohol may be supplied or may require certain actions by the licensee.  Failure to comply with such conditions will constitute an offense.

ALCOHOLIC LIQUOR shall mean and include any alcohol, spirits, wines, beer, and other vinous or malt products, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being containing more than one-half of one percent (0.005%) of alcohol by volume; provided, however, that this definition shall not be construed to apply to alcohol used in the manufacturing of denatured alcohol or alcohol produced solely for combination with petroleum products for motor fuel and produced in accordance with Acts of Congress and regulations promulgated there under.

ASSEMBLY HALL or STADIUM means a building or structure having a minimum total occupancy as calculated by IFC formula, in which space is regularly rented or licensed for the viewing of or participation in conventions, exhibitions, sporting events, concerts or performances of plays, dances, circuses or similar presentations.

BEER means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.

BEER GARDEN means an additional, designated area, adjoining the licensed premises, enclosed by a permanent barrier with a minimum height of five feet that affords an unobstructed view of the enclosed area with an emergency means of egress. Entry into the Beer Garden must be through the initial licensed premises. Any Beer Garden not currently in compliance with the Code shall be grandfathered in, unless or until there is a change of Licensee. The New Licensee must bring the Beer Garden into compliance within six months of acquiring initial license or 60 days after yearly renewal, whichever is the shorter. No live entertainment or any other unreasonable noise shall be allowed in a Beer Garden.  (Ord. No. 2339 09/22/03)  (Ord. No. 2461 02/27/06)  (Ord. No. 2607 01/25/10)

BREW PUB means a person who manufactures beer only at a designated premises to make sales to importing distributors, distributors, and to non-licensees for use and consumption only, who stores beer at the designated premises, and who is allowed to sell at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than 50,000 gallons per year.

CATERER RETAILER means a person who serves alcoholic liquors for consumption, whether on-site or off-site, whether the location is licensed or unlicensed, as an incidental part of food service.  Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract.

CLUB means any corporation, organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object, other than the sale or consumption of alcoholic liquors kept, used and maintained by its members through the payment of dues, and owning, hiring or leasing a building and space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided, that such club files with the Local Liquor Commissioner at the time of its application for a license under the Act two copies of a list of names and residences of its members, and similarly files within 10 days of the election of any additional member his or her name and address; and, provided further, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.

CONDITIONAL GRANTS means that the Liquor Commission after considering an application, may recommend that the Commissioner grant a liquor license on condition that certain pre-agreed undertakings are met by the applicant. The Commissioner may grant such a license. No license document will be issued at that stage and the license will not come into force until the Commissioner has received from the appropriate authority evidence that all the conditions imposed have been fully met. When such evidence is received, the grant will become unconditional, a license will be issued and trading in liquor may commence. The conditional grant will specify a time frame during which the conditions are to be met. If, at the end of the prescribed period, the conditions have not been met, the applicant must apply to the Liquor Commission for an extension.  The Liquor Commission will then send their recommendation to the Liquor Commissioner who will make a final determination on an extension. If no extension is granted, the conditional grant will lapse and a new application will be required.  While conditional grants will usually be used to provide commercial certainty where there is a requirement to construct, refurbish or alter proposed licensed premises, they may be used for other purposes at the Commissioners discretion.   For example, the grant may be conditional on the applicant obtaining appropriate finance.

DINNER THEATER means any licensed premises which is used exclusively for the presentation of live theatrical performances to patrons who have purchased tickets entitling them to be served a full meal, which excludes the serving of snacks as the primary meal, and where such meals are, in fact, served or offered to each patron, and where alcohol is not served more than two hours before or more than one-half hour after the presentation of the theatrical performance.

EVENT MEADOW, RIVERFRONT PARK means that area of the Riverfront Park designated to be used for public functions where alcohol may be served. The area is defined as the grassy area bounded on the east and west sides by, but not including, the straight sections of sidewalk that run south from the landscaped area south of the interactive water feature north to, but not including, the curved sidewalk north of St. Mary Street.  These boundaries shall be clearly marked by the requester in accordance with the guidelines established in conjunction with a Special Event Application.   Sale, provision or distribution of alcohol will be done in accordance with the same guidelines as described for the PIER detailed later in this section.   (Ord. No. 2466 03/27/06)

GOLF COURSE means a terrain open to the public, in general consisting of at least nine holes, which is devoted exclusively to the game of golf and no other recreation or entertainment.  The term shall not include miniature or obstacle golf establishments.

GRANDFATHER CLAUSE means an exception to the restrictions regarding licensed premises that allows businesses already holding a current liquor license to continue with existing conditions for a period of six months from the date of the adoption of this code or until the renewal of such license, whichever is longer.

HOTEL-MOTEL for purposes of this Chapter shall mean a structure or complex of structures kept, used, maintained and held out to the public to be a place where food may actually be served and consumed and sleeping accommodations are offered for adequate compensation to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests and which may have one or more public dining rooms where meals are served to such guests.

IBC means the International Building Code most currently adopted by the City of Pekin.

IFC means the International Fire Code most currently adopted by the City of Pekin.

LICENSED PREMISES means the place or location where alcoholic beverages are manufactured, stored, displayed, offered for sale or where drinks containing alcoholic beverages are mixed, concocted and served for consumption.  Not included are sidewalks, street, parking areas and grounds adjacent to such place or location.

LICENSED PREMISES, in respect to all liquor licenses except C Class Special Licenses where approved by the Local Liquor Commissioner, must be a permanently erected roofed structure or a Beer Garden as defined above. (Ord. No. 2339 09/22/03)

MANAGER means one who has been chosen or appointed by the Liquor Licensee to manage and to have charge of the licensed premises, and who is vested with a certain amount of discretion and independent judgment with respect to the licensed premises.  This designation of “manager” also implies general power and permits reasonable inferences that the employee so designated is invested with the general conduct and control of the licensee’s liquor licensed premises. (Ord. No. 2546 01/14/08)

MINORS means any persons under the age of twenty-one (21).

NFPA101 LIFE SAFETY CODE means the National Fire Protection Association most currently adopted by the City.

OCCUPANCY PERMIT means the number of people allowed in a structure as per the IFC and NFPA101.

PACKAGE LIQUOR STORE means any person who sells or offers for sale any alcoholic liquor for use or consumption not upon the licensed premises, and not for resale in any form.

PERSON means any person, firm partnership, club, association or  corporation.

PIER AREA means West of the Westerly right-of-way of Tazewell & Peoria Railroad tracks to the Illinois River, south of the southerly right-of-way of Caroline Street and north of the northerly side of McNaughton Bridge, now City of Pekin, Tazewell County, Illinois.  (Ord. No. 2337 08/11/03) Sale, provision or distribution of alcohol shall be for consumption only within an approved, enclosed site within the above defined Pier area between the hours of 12:00 p.m. and 11:00 p.m., everyday except Sunday.  There will be a maximum of four licenses issued per applicant per year, with no more than one license per month per applicant.  Sound amplification may be used, but all speakers must be placed so that the amplified sounds and/or music are directed out over the river, not toward the City.  Applicants must submit a site plan for the proposed event to the Local Liquor Commissioner, designating the enclosures and schedule of events for approval.  Applicants must also submit a “Special Events Application”, to the Chief of Police, who shall promulgate rules, regulations and other restrictions, including, but not limited to: safety and health issues, litter removal, additional security to monitor underage drinking and insure that the beer and/or wine are not carried outside of the approved site.  (Ord. No. 2466 03/27/06)

PLACE OF AMUSEMENT means every bowling alley, pool or billiard facility or facility whose primary income is from amusements.

PREMISES means that area defined by the license applicant as containing the sale and consumption area of the licenses premises.  Said premises shall not include vehicular parking areas, cloak or coat rooms, restrooms, storage rooms (except for storage areas that contain alcoholic liquors for automated or manual dispensing and are connected to outside dispensers) or other areas in violation of Tazewell County, Illinois, Health Department regulations.  Premises may be defined, in the case of a Hotel-Motel, to include resident rooms serviced by room service or in room automated or manual dispensing devices.

PRIVATE PARTY means an assembly of persons at a licensed retail establishment at a time when that area of the establishment is not open to the public, and is limited to invited guests of the individual or entity sponsoring the party.

RETAIL LIQUOR ESTABLISHMENT means any recognized business establishment where alcoholic liquor is sold in small quantities or directly to consumers, excluding restaurants.  (Ord. No. 2495 10/09/06)

RESIDENT means any person, corporation, partnership, estate or trust, that inhabits or occupies a dwelling or place of business within the City of Pekin.

RESTAURANT means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests, where the sale or consumption of alcoholic liquors is only incidental to the serving of meals and which possesses a Level 1 or Level 2 Tazewell County Health Department Retail Food Service Permit, (whose regulations are currently in force or hereafter adopted) and who has a Tazewell County Health Department licensee meeting the qualifications to operate a Level 1 or Level 2 food service facility present as required by the Tazewell County Health Department.

SELL AT RETAIL OR SALE AT RETAIL includes all sales for use or consumption and not for resale in any form.

TAVERN means every building or structure, licensed under this chapter which is kept, used, maintained, advertised, or held out to the public, as a place where alcoholic liquor is sold and consumed on the licensed premises as the primary monetary function of the business.

UNOBSTRUCTED VIEW means a view whereby face, body and hands of the patrons are in full view from a distance of 10 feet with minimal hindrances.
(Ord. No. 2461 02/27/06)

VARIATIONS means changes of conditions attached to a liquor license.  Such variations should include the insertion of new conditions, the removal of existing conditions and changes to existing conditions.  Such variations may be made in response to an application for a variation by the licensee or at the discretion of the commissioner.  This will enable licensees to be kept up to date during the current year.  For example, an applicant may apply to have conditions removed should the high risk behavior that led to the conditions cease to exist.  Similarly, the commissioner may impose conditions during the life of the license should the licensee commence activities at the licensed premises that increase risks.  It also allows the commissioner to respond to licensees that are coming to the notice of the enforcement authorities because of unwelcome behavior by imposing conditions rather than, or in addition to, having license suspended or revoked.   If the commissioner determines to vary the conditions of a license, the licensee shall be informed in writing, and will be given the right to be heard by the commission or commissioner.

WINE means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits as defined herein. 

3-3-2: LOCAL LIQUOR COMMISSIONER:

A.     The Mayor is hereby authorized to be the Local Liquor Commissioner and shall be charged with the administration of the Dram Shop Act, and of such ordinances and resolutions relating to alcoholic liquor as may be enacted by the City Commission. 
  
B.     Powers, Duties and Functions:  The Local Liquor Commissioner shall have the following powers, functions and duties with respect to local liquor licenses:

1.  All powers, duties and functions granted, or which may hereafter be granted, to the local liquor commissioner by the state.

2.  To grant or refuse an application for a license, to suspend for not more than thirty (30)  days, or revoke for cause, any local license issued to persons or entities for licensed premises within the Commissioner's jurisdiction, and to impose fines as authorized in Section 3-3-12(F).

3.  To appoint, with the advice and consent of the City Council, one or more persons to serve as deputy local liquor commissioners.  Such person or persons shall have full authority to exercise any of the powers, duties and functions enumerated herein, except as the Commissioner may specifically exclude by such appointment.  Such deputy local liquor commissioner may be appointed to serve at the pleasure of the Local Liquor Commissioner, but not beyond the term of office of the appointing Local Liquor Commissioner, and may be designated either (a) to act in the absence of the Local Liquor Commissioner, or (b) to act in lieu of the Local Liquor Commissioner.  With respect to Liquor License hearings, any such deputy local liquor commissioner so appointed shall submit findings and recommendations to the commissioner setting forth his/her conclusions respecting the existence and nature of any violation of law and the appropriate disciplinary action to be taken, if any, which may be accepted, modified or rejected by the Local Liquor Commissioner.

4.  To attach and/or vary conditions, where necessary, to any license that extends or restricts the circumstances under which alcohol may be supplied or requires certain actions of the licensee.  Such conditions will be intended to permit the proper functioning of the licensed business, to ensure that alcohol is supplied responsibly and safely and to assist the enforcement or emergency services.

5. To enter or to authorize any law enforcement officer to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the State law or City ordinance, or any rules or regulations adopted by the Commissioner or by the State Commission, have been or are being violated, and at such time to examine the licensed premises of the licensee in connection therewith. Any person or persons appointed by the Local Liquor Commissioner and named as Deputy Local Liquor Commissioner pursuant to this section shall have the power given to the Local Liquor Commissioner by this subsection. To receive complaints from any citizen within the Commissioner's jurisdiction that any of the provisions of the State law or of this Chapter have been or are being violated, and to act upon such complaint(s) in the manner provided by law.

7.  To direct payment of local liquor license fees to the City Clerk. 

8.  To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served, or any licensee against whom a citation proceeding has been instituted by the State of Illinois Liquor Control Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee or respondent; and to hear testimony and take proof for his/her information in the performance of his/her duties; and for such purposes, to issue subpoenas which shall be effective in any part of this State.  For the purpose of obtaining any of the information desired by the Local Liquor Commissioner under this section, the Commissioner may authorize his/her agent to act on his/her behalf.

9.  To order, upon the issuance of a written order, the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, if the Local Liquor Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community; except that if such licensee shall also be engaged in the conduct of another permitted business on the licensed premises, such order shall not be applicable to such other permitted business or businesses.

10.  To appoint a Local Liquor Commission. 
       (Ord. No. 2554 04/28/08)

3-3-3:     LOCAL LIQUOR COMMISSION:
  
(a)  A local liquor commission is created consisting of four (4) members, including the Chief of Police and the Fire Chief, or their designee. The liquor commission shall be appoint by the Local Liquor Commissioner for a term of two (2) years.  A commission member may be reappointed for a succeeding two (2) year term by the Liquor Commissioner.  All such appointments shall be with the advice and consent of the City Council.  The Liquor Commissioner may, in his discretion, remove any member of the liquor commission.  Members shall hold office for their designated terms and until their successors have been appointed.  No license holder shall be appointed to the commission.  (Ord. No. 2413 02/28/05) (Ord. No. 2461 02/27/06) (Ord. No. 2553 04/28/08)

(b) The Commission shall have and exercise the following duties and powers:

1.     To establish the licensing and application procedure.

2.     To receive, review and consider all applications and the investigation of applicants for liquor licenses and to submit findings and recommendations to the Local Liquor Commissioner setting forth its conclusions regarding such applications.

3.    To recommend the inclusion of any conditions to be endorsed on the license.
                
4.     To be present at disciplinary hearings conducted by the Local Liquor Commissioner in order to hear testimony and recommending the appropriate disciplinary action to be taken, if any.   (Ord. No. 2553 04/28/08)  

5.     To keep written records of its meetings and proceedings.

6.     To schedule meetings on an “as needed” basis.

7. Such other duties as determined by the Local Liquor Commissioner.

8. Review requests for special use for liquor licenses and licensed premises and make appropriate recommendations to the City Council subsequent to a required hearing as to the special use.  (Ord. No. 2495 10/09/06) 

(c)   Notwithstanding any other provision to the contrary contained elsewhere in this chapter, the Local Liquor Commissioner may appoint the Liquor Commission to assist the Local Liquor Commissioner in the exercise of any of the powers and duties of the Local  Liquor Commissioner as set forth in this chapter.

3-3-4: LICENSING REGULATIONS:

3-3-4-1:  LICENSE REQUIRED:  It shall be unlawful to sell or offer for sale at retail in the City any alcoholic liquor without having a retail liquor license, or in violation of the terms and conditions of such license.

3-3-4-2:  APPLICATION:  Applications for liquor licenses shall be made to the Local Liquor Commissioner, in writing, signed by the applicant, if an individual or by a duly authorized agent thereof if a club or corporation, verified by oath or affidavit, and shall contain the following statements and information:

A. In the case of an individual, the full name, date of birth, place of birth, social security number, and address of the applicant; in the case of a partnership, the persons entitled to share in the profits thereof, their full names, dates of birth, places of birth, social security numbers and addresses; in the case of a corporation, the objects for which organized, the names, dates of birth, places of birth and social security numbers and addresses of the officers, directors, and all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, the percentage of stock owned by each, and the persons acting as managers or assistant managers of the licensed premises. Should the corporation be a stock exchange publicly traded corporation, then the requirement data requested of any stockholder of said corporation is waived. (Ord. No. 2461 02/27/06)

B. The citizenship of the applicant, and, if a naturalized citizen, the time and place of his/her naturalization.

C. The character of business of the applicant.

D. The length of time said applicant has been in business of that character, or, in the case of a corporation, the date when its charter was issued.  The length of time the applicant, or if a corporation, the manager of whose liquor business hereunder, has resided in the City prior to the submission of the application.

E. The amount of goods, wares and merchandise on hand at the time original application is made.

F. The location and description of the licensed premises or place of business which is to be operated under such license, with a detailed site plan including, but not limited to, plans showing the layout of the interior of the premises to be licensed with the location of all of the exterior doors, bathrooms, tables, chairs and other fixtures.
(Ord. No. 2461 02/27/06)

1.  If a leased licensed premises, a copy of the Lease shall be provided as required and shall be for a term of sufficient length to encompass the period of the license sought.

2.  The name and address of the owner or owners of the licensed premises and the names and addresses of all the owners of the beneficial interest of any trust if said licensed premises is held in trust.

G. A statement whether applicant has made application for a similar or other license on licensed premises other than described in this application, and the disposition of such application.

H. A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of this State, or other ordinances of this City.

I. Whether a previous license by any State or subdivision thereof, or by the Federal government has been issued.  If so, where and when, or if any such license has been revoked, the reasons therefor.

J. The date of incorporation, if an Illinois corporation, or the date of becoming qualified under the Illinois Business Corporation Act to transact business in Illinois if a foreign corporation.

K. A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of the City in the conduct of his/her place of business.

L. That adequate dram shop insurance is in force covering the applicant and the licensed premises which are to be operated under such license.  Further, in addition to the foregoing statement made under oath, all applicants shall be required to attach to said application as proof of insurance a copy of the policy for dram shop insurance coverage, which policy shall contain at a minimum the following information: insurer's name, agent's name, date of expiration of policy, amount of coverage and type of coverage.

M. If said application is made on behalf of a partnership, firm, association, club or corporation, then the same shall be signed and sworn to by at least two (2) members or the president and secretary of a corporation.

N. In addition to the foregoing information, such application shall contain such other and further information as the Illinois Liquor Control Commission and Local Liquor Commissioner may by rule or regulation not inconsistent with law prescribe.

O. All applications shall be upon forms provided by the Local Liquor Commissioner, and each completed application shall be submitted to the City Clerk fifteen (15) days prior to the regular meeting of the Liquor Commission.

The Local Liquor Commissioner shall issue a written acceptance or rejection of an application within sixty (60) days of its receipt by the Local Liquor Commissioner or City Clerk in his or her behalf; or shall notify an applicant of the reasons for further time being necessary to complete the investigation or processing; or shall schedule a hearing on such application as allowed by 235 ILCS 5/7-10.

P. That any applicant for a first and initial City liquor license may be fingerprinted whether said applicant be an individual or a partnership.  Should the applicant be a corporation, the Local Liquor Commissioner may, on the advice of the Liquor Commission, and within his/her discretion, require the following to be fingerprinted:

The officers, manager or director thereof, or any stockholder or stockholders owning in the aggregate of more than five percent (5%) of the capital stock of said corporation.

All such fingerprinting shall be done by the City Police Department or such other law enforcement agency approved by the Chief of Police.  Said fingerprints shall be submitted to the appropriate State and/or Federal agencies for processing as available.  A fee of sixty ($60) dollars per person will be charged at the time of application. (Ord No. 2461 02/27/06)

3-3-4-3:     INITIAL LICENSE APPLICATION FEE:   Any applicant shall pay an application fee of $150.00 upon application for his/her first and initial license which shall be non-refundable and not allocated toward any license fees as herein provided.  A one-time, initial application fee of $250.00 shall be assessed for a Beer Garden application.  These fees are to defray the costs of investigation of applicant and the processing of the initial application. (Ord. No. 2461 02/27/06) (Ord. No. 2607 01/25/10)

3-3-4-4:  RESTRICTIONS ON ISSUANCE OF LICENSE:  No license of any kind shall be issued to:

A. A person who is not a resident of the state of Illinois for a period of one year prior to making of the application for license and who is not a resident of the City of Pekin for a period of 90 days prior to the making of the application for license.

B. A person who is not of good character and reputation in the community in which he resides.

C. A person who is not a citizen of the United States.

D. A person who has been convicted of a felony under any Federal or State law, unless the Local Liquor Commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the Local Liquor Commissioner’s investigation.  The burden of proof of sufficient rehabilitation shall be on the applicant.

E. A person who has been convicted of any criminal offenses under 720 ILCS 5/11.

F. A person whose liquor license issued under this Chapter or any similar regulatory Ordinance or Statute in any jurisdiction has been revoked for cause.

G. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application.

H. A co-partnership, if any general partnership thereof, or any limited partnership thereof, owning more than 5% of the aggregate limited partner interest in such co-partnership would not be eligible to receive a license hereunder for any reason other than residence within the City of Pekin.

I. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the City of Pekin.

J. A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the "Business Corporation Act of 1983" to transact business in Illinois.

K. A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee.

L. A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of alcoholic liquor, or has forfeited his or her bond to appear in court to answer charges for any such violation.

M. A person who does not beneficially own the licensed premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued.

N. Any law enforcing public official, including any mayor or member of the City Council; and no such official shall be interested directly in the manufacture, sale or distribution of alcoholic liquor in the City of Pekin.

O. A person who is not a beneficial owner of the business to be operated by the licensee.

P. Any person, firm or corporation not eligible for a State retail liquor dealer's license.

Q. A person who has been convicted of a gambling offense as prescribed by any of subsections (a)(3) through (a)(10) of Section 28-1 of, or as proscribed by Section 28-3 of the "Criminal Code of 1961," approved July 28, 1961, as heretofore or hereafter amended, or as proscribed by a statute replaced by any of the aforesaid statutory provisions.

R. A person to whom a federal wagering stamp has been issued by the federal government for the current tax period.

S. A co-partnership to which a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners have been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period.

T. A corporation, if any officer, manager or director thereof, or any stockholder owning in the aggregate more than 20% of the stock of such corporation has been issued a federal wagering stamp for the current tax period.

U. Any premises for which a federal wagering stamp has been issued by the federal government for the current tax period.

V. Person or corporation for the purpose of sale of alcoholic liquor at any premises from which produce, grocery, meat or drug products are sold or offered for sale, unless such sale of alcoholic liquor is made from an area physically separated from the other portion of the premises in the following manner:

1. The separate area for the sale of alcoholic liquor shall have its own entrance and exit, which shall provide and limit ingress and egress from the separate area to the exterior of the structure, for patrons purchasing said alcoholic goods;

2. The separate area shall be physically separated from the premises selling other products by a permanent wall or walls, which shall extend from the floor of the structure to the ceiling of the structure, except that there may be provided an access, for ingress and egress through said wall to the other portion of the building;

3. The separate area for the sale of alcoholic liquor shall have its own check-out counter within the separate area, which check-out counter shall be the sole check-out point for the separate area and all alcoholic liquor sales shall be made at the designated check-out counter in the separate area;

4. All alcoholic liquor stored for sale shall be stored:

     a. Within the separate area; or
     b. Within other premises having its own entrance and exit, which entrance and exit shall be secured and monitored to prevent access to said other premises by minors under the age of twenty-one.

W. Any premises whose primary purpose is the sale of products and services not related to the sale of alcoholic liquor, including, but not limited to, any establishment which pumps motor fuel directly into motor vehicles.
(Ord. No. 2545 01/14/08)

3-3-4-5: CLASSIFICATIONS AND LICENSE FEES:  There shall be the following classes of licenses subject to the fees indicated:

A. CLASS A:  Class A licenses shall authorize the retail sale of alcoholic liquors for consumption on the licensed premises in accordance with the Illinois Liquor Control Act, this ordinance and any conditions specified on the license by the City Liquor Commissioner. 

CLASS A LICENSE FEES:

No Restriction On Range Of Alcohol 
$1,200 per annum

Restricted To Beer And Wine Only 
$ 800 per annum

Issued To A Club, No Restriction On Range of Alcohol 
$ 500 per annum

Issued To A Club, Restricted To Beer And Wine Only 
$ 200 per annum

B. CLASS B:  Class B licenses shall authorize the retail sale of alcoholic liquors in sealed containers  for consumption off the licensed premises in accordance with the Illinois Liquor Control Act, this ordinance and any conditions specified on the license by the City Liquor Commissioner.  

CLASS B LICENSE FEES:

No Restriction On Range Of Alcohol 
$1,200 per annum

Restricted To Beer And Wine Only 
$ 800 per annum

C. CLASS C: Class C licenses shall authorize the short-term or limited supply of alcohol or temporarily extends the conditions of existing licenses in accordance with the Illinois Liquor Control Act, this ordinance and any conditions specified on the license by the City Liquor Commissioner.  Class C licenses shall not be issued when, in the opinion of the Local Liquor Commissioner, a Class A or a Class B license is more appropriate.

CLASS C LICENSE FEES:

Beer And Wine Only (Max. 12 per year) $25.00 per day

No Restriction On Range Of Alcohol (Max. 12 per year)  
$50.00 per day

Not For Profit or Charitable Applications For The Pier**
or Riverfront Event Meadow 
Residents $50 per hr*
Others    $100 per hr*

All Other Applications For the Pier
or Riverfront Event Meadow 
Residents $100 per hr*
Others      $200 per hr*

All Other Fees For C Class Licenses 
To Be Determined By* Liquor Commissioner
*Additional Fees To Be Determined By Liquor Commissioner To Reflect Expenses For Security, Safety and Health.
** Not For Profit or Charitable Applications only may also apply for a Class C License for the area on Court Street from the westerly Right-Of-Way of 5th Street to the easterly Right-Of-Way of 4th Street; Court Street from the westerly Right-Of-Way of 4th Street to the westerly Right-Of-Way of Capitol Street and Capitol Street from the northerly Right-Of-Way of Court Street to the northerly Right-Of-Way of Elizabeth Street.  Only one event at a time will be allowed.  (Ord. No. 2586-09/10 06-08-09)

D. CLASS D: Class D licenses shall authorize the retail sale of alcoholic liquors within a Beer Garden as defined in this Code.  No Class D license shall be issued unless the licensee already holds an annual liquor license within the City of Pekin.  Ord. No 2607 01-25-10)

3-3-4-6:  RECORD OF LICENSES:  The City Clerk shall keep a complete record of all such licenses issued and shall furnish the Chief of Police with a copy thereof; upon revocation or suspension of any license, the City Clerk shall immediately give written notice thereof to the Chief of Police.

3-3-4-7:  TERM OF LICENSE; PRORATING FEE:  Each license issued hereunder shall terminate on April 30 following the issuance thereof.  The fee to be paid shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license.

3-3-4-8:  TRANSFER OF LICENSE:  A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as in this Ordinance provided, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated.  Such license shall cease upon the death of the licensee, and shall not descend by the laws of testate or intestate devolution; provided that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale or manufacture of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six (6) months after the death, bankruptcy or insolvency of such licensee.

3-3-4-9: RENEWAL OF LICENSES:   Any licensee may renew his or her license at the expiration thereof, provided that he or she is then qualified to receive a license and the licensed premises for which such renewal license is sought are suitable for such purpose. The renewal privilege herein provided shall not be construed as a vested right.  Renewal fee for Beer Garden shall be imposed at $100.00. (Ord. No. 2607 01/25/10)

3-3-4-10:  DISPLAYING LICENSE AND OCCUPANCY PERMIT:  Every licensee shall cause the license or licenses and occupancy permit to be framed and hung in plain view available for inspection at all times in a conspicuous place behind the bar on the licensed premises.

3-3-4-11:  SPECIAL USES:  Special uses for retail liquor establishments, excluding restaurants, may be permitted in districts B-1, B-2, B-3, I-1 and PUD (Planned Unit Development), subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Liquor Commission for each use and a recommendation is received from Staff as to the site plan, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for such use. (Ord No. 2495-06/07 10-09-06)

3-3-5:  SALES REGULATIONS:

3-3-5-1:  CLOSING HOURS:  It shall be unlawful to keep open for business or to sell or offer to sell any alcoholic liquor between the hours of 1:00 A.M. and 6:00 A.M., Monday, Tuesday, Wednesday, Thursday, Friday and Saturday and between the hours of 1:00 A.M. and 10:00 A.M. on Sunday, except on January 1 between the hours of 2:00 A.M. and 6:00 A.M.; if January 1 is a Sunday, between the hours of 2:00 A.M. and 10:00 A.M.; provided, however, the licensee shall be permitted one-half hour after closing time to clear the licensed premises of customers. 

3-3-5-2:  LOCATION RESTRICTIONS:  No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station, provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquors is not the principal business carried on; nor to the renewal of a license for the sale at retail of alcoholic liquor on premises within 100 feet of any church or school where such church or school has been established within such 100 feet since the issuance of the original license.  In the case of a church, the distance of 100 feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.

Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.

3-3-5-3:  VIEW FROM STREET:  In premises upon which the sale of alcoholic liquor for consumption on the premises is licensed (other than as a restaurant, hotel, recreational facility or club) no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition, or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such licensed premises which shall prevent a clear view of the entire interior from the street, road or sidewalk.  All rooms where liquor is sold for consumption on the licensed premises and any rooms accessible to the patrons thereof shall be continuously and adequately lighted during business hours so as to afford patrons safe movement therein and allow for proper monitoring of emergency medical equipment.  All premises licensed under the provisions of this chapter must be adequately lighted in the case of an emergency, and for inspection and monitoring by police and fire authorities.  Visibility will be considered sufficient if the number and identity of persons inside the premises is clearly discernible.   In case the view into any such licensed premises required by the foregoing provisions shall be willfully obscured by the licensee, or be permitted to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided.  In order to enforce the provisions of this section, the Mayor shall have the right to require the filing of plans, drawings, and photographs showing the clearance of the view as above required.

Where the conditions required under 3-3-5-3 above cannot be met because the licensed premises are situated on a floor other than the ground floor, the Local Liquor Commissioner may approve the issue of a license subject to the following conditions:

At least one stairway shall be of adequate width (depending on the number of persons permitted on the premises) with a minimum of 6 ft with a center rail.

Stairway grade shall comply with the IBC most currently adopted by the City of Pekin.
At least two stairways providing exit to street level shall exist from any part of the premises above or below street level.

All requirements regarding emergency lighting, illuminated Exit signs and other NFPA101 Code conditions shall be fully met and maintained.

Emergency Exit doors of adequate width (depending on the numbers permitted on the premises) but at least 36 inches wide are required and shall be fitted with satisfactory tamper alarms.

A Knox box accessible by fire services shall be installed at the primary means of access to the premises.

Mirrors, placed so as to provide those entering the premises from stairways or other areas with restricted vision with a clear view of the interior of the premises, shall be installed.

Tamper proof closed circuit cameras with approved Ground Floor Monitors.
(Ord. No. 2461 02/27/06)

Approved sprinkler systems shall be installed in all areas above, below or at street level where members of the public are permitted.

The premises shall meet the most recent requirements of all National, State and City codes and ordinances which go to matters relating to the safety and well being of all persons using or otherwise impacted by the operation of the premises as licensed premises. (Ord. No. 2461 02/27/06)

All licensees holding a current local liquor license shall be grand fathered regarding the above restrictions and conditions for a period of six months from the adoption of this code or until the next date of license renewal, whichever shall be the longest.

3-3-5-4:  SANITARY CONDITIONS:  All premises used for retail sale of alcoholic liquors shall be kept in a clean and sanitary condition and shall be kept in full compliance with the county laws and ordinance provisions regulating the conditions of licensed premises used for the storage of food for human consumption.

3-3-6: EMPLOYEES:
A. Diseases:  It shall be unlawful to employ in any licensed premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of any contagious, infectious or venereal disease; and it shall be unlawful for any person who is afflicted with or a carrier of any such disease to work in or about any licensed premises or to engage in any way in the handling, preparation or distribution of such liquor.

B. Qualifications:  It shall be unlawful to employ any person, except waiters and waitresses, not possessing the same qualifications as are necessary for the applicant to possess in order to secure a license under this Chapter, except the requirement as to citizenship in the United States and residency in the City of Pekin.

C. Under Twenty-One (21) Years of Age:  It shall be unlawful to employ at a licensed premises other than a Club, Hotel, Motel or Restaurant, with or without compensation, or in any way directly or indirectly, use the services of an individual under the age of twenty-one (21) years.  It shall be unlawful in a Club, Hotel, Motel or Restaurant,

(I) for any individual under the age of twenty-one (21) years to pour any alcoholic liquor; and

(ii) for any individual under the age of eighteen (18) years to serve any alcoholic liquor   

3-3-7: SALES TO PERSONS OF NONAGE, MENTAL INCOMPETENTS AND INTOXICATED PERSONS:

A. No licensee or officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of 21 years, or to any intoxicated person, or to any person known to be insane, mentally ill, mentally deficient or in need of mental treatment.  No person, after purchasing or otherwise obtaining alcoholic liquor shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years.  It shall be unlawful for any person under the age of 21 years to misrepresent his/her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the City where alcoholic liquor is sold.

B. In every place in the City where alcoholic liquor is sold, there shall be displayed at all times in a prominent place a printed card which shall be supplied by the City Clerk and which shall read substantially as follows:

WARNING TO PERSONS
UNDER THE AGE OF 21 YEARS

You are subject to a fine up to $500.00 under the ordinances of the City of Pekin if you purchase or attempt to purchase alcoholic liquor, or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor.

C. It shall be unlawful for any holder of a liquor license, or his or her agent or employee, to suffer or permit any person under the age of 21 years to be or remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided that this paragraph shall not apply to any person under the age of 21 years who is accompanied by his or her parent or legal guardian, or to that portion of any licensed premises which derives its principal business from the sale of service or commodities other than alcoholic liquor.  In the case of a restaurant that holds a retail liquor license, once the kitchen has closed, all minors, except those accompanied by a parent or legal guardian, must leave the premises.  In addition to all other fines and penalties, the Local Liquor Commissioner may suspend or revoke the liquor dealer's license for any violation of this subsection.

3-3-8:  DUTY TO REPORT VIOLATIONS:  Every licensee shall immediately report any violations of Federal and State laws and City Ordinances that occur on the property to the Pekin Police Department.  Failure to make such report shall be a violation of this Ordinance.

3-3-9:  TELEPHONE ON PREMISES: Each licensee shall maintain on each licensed premises not less than one hard wired telephone in operating order, which telephone must be within the easy access of the bartender or other responsible person in charge of the premises, for the purpose of reporting to the police department incidents as described immediately above.

3-3-10:  ENTRY POWERS FOR INSPECTIONS:  Any officer of the Pekin Police Department, Pekin Fire Department and the Pekin Inspections Department shall be and is hereby designated and empowered to enter any licensed premises in the City in the performance of his/her duties for the purpose of inspection of said licensed premises.  All establishments licensed under this chapter, with the exception of hotels/motels and clubs, shall have the doors to all sections of the establishment used for the consumption and/or retail sale of alcoholic beverages unlocked at all times during which the premises are open for business, and shall permit police officers and firefighters unobstructed access to all such areas.  Any attempt made to deny said personnel access to said licensed premises shall be grounds for revocation of license.

3-3-11:  VIOLATION OF RETAILERS' OCCUPATION TAX ACT:  In addition to other grounds specified in this Ordinance, the Local Liquor Commissioner may refuse the issuance or renewal of a retail license, or suspend or revoke such license, for any of the following violations of the "Retailers' Occupation Tax Act," approved June 28, 1933, as amended.

A. Failure to make a tax return.
 
B. The filing of a fraudulent return.

C. Failure to pay all or part of any tax, fee or penalty, finally determined to be due to any government body.

D. Failure to keep books and records.

E. Failure to secure and display a certificate or sub-certificates of registration.

F. Willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability.

3-3-12:  SUSPENSION, REVOCATION, FINE AND COSTS:  The Local Liquor Commissioner may, in accordance with law and the provisions of "An Act Relating to Alcoholic Liquor," approved January 31, 1934, as amended, revoke or suspend any license issued by the Local Liquor Commissioner if the Local Liquor Commissioner determines that the licensee has violated any of the provisions of said Act or of any ordinance or resolution enacted by the corporate authorities of the City, or any applicable rule or regulation established by the Local Liquor Commissioner or the State Commission which is not inconsistent with law.  However, no such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the local liquor commissioner with a 3 day written notice to the licensee affording the licensee an opportunity to appear and defend. If the licensee if unavailable, an agent must be named who may accept service.  The Local Liquor Control Commissioner shall within 5 days after such hearing, if he determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order within the 5 days upon the licensee.  Furthermore, the following Illinois Compiled Statutes are incorporated herein by reference and made a part of this Chapter: 235 ILCS 5/7-5, 235 ILCS 5/7-7, 235 ILCS 5/7-9. 235 ILCS 5/7-12, 235 ILCS 5/7-13.  Review of decisions of the Local Liquor Commissioner shall be as provided for in 235 ILCS 5/7-9, and shall be a record review.   (Ord. No. 2518 02/26/07)

At all times during the term of a suspension ordered by the Local Liquor Commissioner, the licensee shall display a sign no less than four (4) square feet containing the following information:

No alcoholic liquor will be sold at this location
from ________________ to _________________,
due to the suspension of liquor license.

By order of the City of Pekin
Local Liquor Commissioner.

Said sign shall be located in plain view of any person immediately upon entering the licensed premises and shall be clearly legible by such a person.

B. Assessment Of Costs Of Hearings:  Any licensee determined by the Local Liquor Commissioner to have violated any of the provisions of "An Act Relating to Alcoholic Liquor" approved January 31, 1934, as amended, or any ordinance or resolution of the City, or any rule or regulation established by the Local Liquor Commissioner, or the State Commission, shall pay to the City of Pekin the costs of the hearing before the Local Liquor Commissioner on such violation.  The Local Liquor Commissioner shall determine the costs incurred by the City for the hearing, including: court reporter fees, the cost of transcripts or records, attorney's fees, the cost of preparing and mailing notices and orders, other miscellaneous expenses incurred by the City.  The licensee shall pay said costs to the City within thirty (30) days of notification of the costs by the Local Liquor Commissioner.  Failure to pay said costs within thirty (30) days of notification is a violation of this section, and may be cause for license revocation or suspension.  In the event of an appeal to the State Commission, and in cases where appeal is taken under the Administrative Review Act, payment is due forty (40) days after entry of an order finally affirming the determination of the Local Liquor Commissioner.

C. Forfeiture Of Fees:  Whenever any license hereunder has been revoked as provided for in this Chapter, the licensee shall incur a forfeiture of all monies that have been paid for said license.

D. Use Of Licensed Premises After Revocation:  When a license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the conduct of the business of manufacturing, distributing or selling alcoholic liquor in the licensed premises described in such revoked license unless the revocation order has been vacated or unless the revocation order was entered as to the licensee only.

E. Nothing in this Section shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if (1) the primary business if the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school.

F. Penalty:  The fine imposed shall not exceed $1000 for a first violation within a 12-month period, $1,500 for a second violation within a 12-month period, and $2,500 for a third or subsequent violation within a 12-month period.  Each day on which a violation continues shall constitute a separate violation. Not more than $15,000 in fines under this Section may be imposed against any licensee during the period of his license.  Proceeds from such fines shall be paid into the general corporate fund of the municipal treasury.   (Ord. No. 2518 02/26/07) 

G. The remedies afforded in this Section 3-3-12 are not exclusive, and any such sums assessed there under may be collected as any other debt.

3-3-13:   SEVERABILITY:  It is the intention of the City Council that each separate provision of the Chapter shall be deemed independent of all other provisions therein, and that if any provision of this Chapter is declared invalid, all other provisions thereof shall remain valid and enforceable.

CHAPTER 4

AMUSEMENTS

ARTICLE A.  GENERALLY

SECTION:

3-4A-1: Applicability of Provisions
3-4A-2: License Required, Application
3-4A-3: Restricted Amusements
3-4A4: Order; Crowding
3-4A-5: Smoking
3-4A-6: Penalty

3-4A-1: APPLICABILITY OF PROVISIONS:  The provisions of this Article, except as to licensing and fees, shall apply to all public shows, theatricals, circuses and other amusements in the City, whether specifically licensed elsewhere in this Code or not. 

3-4A-2: LICENSE REQUIRED, APPLICATION:

A. It shall be unlawful to conduct or operate any amusement which is open to the public and for admittance to which a fee is charged without having first secured a license therefor; provided, that the provisions of this Section shall not be held to apply to those amusements which are specifically licensed by any other ordinance of the City, nor public school athletic events.

B. Applications for such licenses shall be made to the City Clerk and shall comply with all of the general provisions of the ordinances relating to such application.  For such licenses, the following fees shall be paid:

  Menageries   $10.00 per day
  Exhibitions of inanimate objects  $10.00 per day
  Other amusements  $10.00 per day

3-4A-3: RESTRICTED AMUSEMENTS:

A. Street Shows:  No permit shall be granted or given for any exhibition, show or other amusement to be given on any public street or sidewalk or in such place that the only main accommodation for the public or the audience will be in a public place, except on order of the City Council.

B. Indecent Shows:  It shall be unlawful for any person to present, exhibit, conduct, or take part in any indecent show, theatrical, play, motion picture, exhibition or other form of public amusement or show.

3-4A-4: ORDER; CROWDING:

A. The audience of any amusement, show or theatrical must be orderly and quiet at all times, and it shall be unlawful for any person attending such amusement, show or theatrical to create a disturbance in the audience.  It shall be unlawful to permit or gather such a crowd to witness any such amusement or show as to create a dangerous condition because of fire or other risks.

B. It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause to promote any riot or disturbance.

3-4A-5: SMOKING:

A. Prohibited:  It shall be unlawful to smoke or carry a lighted cigar, cigarette or pipe on or beneath the stage or in a dressing room of any building used as an assembly hall with seating accommodations for more than one hundred (100) persons or in which theatricals, shows, amusements, lectures or other entertainments are offered, presented, operated or exhibited.

B. Signs:  It shall be the duty of the owner of such licensed premises, or of the occupant in charge, to provide and place printed signs on which the words "No Smoking" shall appear in letters at least four inches (4") high, in conspicuous places, at least two (2) signs being upon the stage or in the wings thereof and one in each dressing room. 

3-4A-6: PENALTY:  Any person violating any of the provisions of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code.
 
CHAPTER 4

AMUSEMENTS

ARTICLE B.  COIN-OPERATED AMUSEMENT DEVICES

SECTION:

3-4B-1: License Required
3-4B-2: Application
3-4B-3: License Fees
3-4B-4: Penalty

3-4B-1: LICENSE REQUIRED:  No person shall place or install or maintain or operate in any building or place within the City any mechanical coin, token or slug-controlled or operated amusement device or devices for use by the public without first having obtained a license for each such amusement device.

Said amusement devices shall include, but not be limited to, shuffleboards, pinball machines, bowling machines, gun machines, video games, dart machines and any like device, which such device shall not be operated without having obtained a license for each such device.

3-4B-2: APPLICATION:  Any person desiring the license required in and by this Article shall make application for that purpose to the City Clerk, which application shall set forth the full name of the applicant and his address, the location and character of the building or place where such mechanical, coin-controlled amusement devices are to be located, maintained and operated and the number of such devices to be located, maintained, operated in such building or place.

3-4B-3: LICENSE FEES:  The annual license fee for each coin, token or slug-controlled mechanical amusement device shall be fifty dollars ($50.00), excepting shuffleboards, gun machines, bowling machines, video games, dart machines or like devices, the license for which shall be twenty five dollars ($25.00) annually and shall be issued to the owner or proprietor of the place or building in which the device or devices are placed, installed, maintained or operated. 

3-4B-4: PENALTY:  Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code.
 
CHAPTER 4

AMUSEMENTS

ARTICLE C.  COIN-OPERATED MUSICAL DEVICES

SECTION:

3-4C-1: Definition
3-4C-2: License Required; Who May Apply
3-4C-3: Application for License
3-4C-4: License
3-4C-5: Transfer of License
3-4C-6: Disturbances; Immorality
3-4C-7: Penalty

3-4C-1: DEFINITION:  The term "coin-operated musical device" means any phonograph, piano player, music box, "juke box" or other instrument or device capable of producing or reproducing any vocal or instrumental sounds, other than a motion picture sound machine, which is governed or controlled by the deposit of a coin or token.

3-4C-2: LICENSE REQUIRED; WHO MAY APPLY:  No person shall keep or permit to be kept for gain or profit from operation within the City any coin-operated musical device without first having obtained a license as herein provided.  No such license shall be issued to any person, unless such person is the owner or proprietor of the premises in which such coin-operated musical device is to be installed.

3-4C-3: APPLICATION FOR LICENSE:  Application for said license shall be made to the City Clerk, in conformity with the provisions of Chapter 1 of this Title, except as otherwise herein provided.

3-4C-4: LICENSE FEE:  The annual fee for such license shall be twenty five dollars ($25.00) for each instrument kept or installed on the licensed premises.

3-4C-5: TRANSFER OF LICENSE:  No license issued to any person shall be transferable.

3-4C-6: DISTURBANCES; IMMORALITY:  No license issued hereunder shall permit the operation of any coin operated musical instrument at any place or in any manner which will disturb the peace and quiet of persons outside the licensed premises.  No immoral or indecent selections shall be presented on any such instrument.

3-4C-7: PENALTY:  Any person violating or refusing or failing to comply with any of the provisions of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 4

AMUSEMENTS

ARTICLE D.  BOWLING ALLEYS

SECTION:

3-4D-1: License Required
3-4D-2: Fee
3-4D-3: Penalty

3-4D-1: LICENSE REQUIRED:  No person shall operate or maintain a bowling alley open to the public without having first secured a license therefor as is herein required.  Applications for such licenses shall be made to the City Clerk, shall be in writing and shall state thereon the intended location of the place of business and the number of alleys to be used.

3-4D-2: FEE:  The annual fee for such licenses shall be twenty five dollars ($25.00). 
 
3-4D-3: PENALTY:  Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code.
 
CHAPTER 4

AMUSEMENTS

ARTICLE E.  BILLIARD AND POOL HALLS

SECTION:

3-4E-1: License Required
3-4E-2: Fees
3-4E-3: Penalty

3-4E-1: LICENSE REQUIRED:  No person shall operate, maintain or conduct a billiard, pool or bagatelle or pigeonhole table open to the public without having first obtained a license therefor as is herein required.  All applications for such license shall state thereon the intended location of the place of business and the number of tables to be used therein.

3-4E-2: FEES:  The annual fees for any such licenses shall be twenty five dollars ($25.00).

3-4E-3: PENALTY:  Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 5

TAXICABS

SECTION:

3-5- 1:  Definitions
3-5- 2:  License Required 
3-5- 3:  Fee
3-5- 4:  Persons Ineligible for License
3-5- 5:  Register
3-5- 6:  Vehicles and Equipment 
3-5- 7:  Rates of Fare
3-5- 8:  Drivers
3-5- 9:  Insurance
3-5-10: Passengers
3-5-11: Traffic Rules
3-5-12: Unlawful Use
3-5-13: Cab Stands
3-5-14: Penalty

3-5-1: DEFINITIONS:  The term "taxicab" as used in this Chapter shall mean and include any vehicle used to carry passengers for hire but not operating a fixed route. 

3-5-2: LICENSE REQUIRED:  It shall be unlawful to engage in the business of operating a taxicab in the City without first having secured a license for each cab operated.  Applications for such licenses shall be made in writing to the City Clerk and shall state thereon the name of the applicant, the intended place of business, the vehicle identification number and State license number of each cab, as well as the policy number and name and address of the insurance company providing liability insurance.  If the applicant is a corporation, the names and addresses of the president and secretary thereof shall be given.  

3-5-3: FEE:  The annual fee for such licenses shall be twenty five dollars ($25.00) for each taxicab operated.  Whenever the number of cabs so operated shall be increased during the license year, the licensee shall notify the City Clerk of such change and obtain a license for each additional cab.  Such fee shall be in lieu of any other vehicle fee required by ordinance.  The license or a copy thereof shall be displayed in a prominent place on each taxicab while it is in use and may be transferred to any taxicab put into service to replace one withdrawn from service.  The licensee shall notify the City Clerk of the vehicle identification number and State license number of each such replacement cab.

3-5-4: PERSONS INELIGIBLE FOR LICENSE:  No such license shall be issued to or held by any person who is not a person of good character or who has been convicted of a felony, nor shall such license be issued to or held by any corporation if any officer thereof would be ineligible for a license under the foregoing conditions.

3-5-5: REGISTER:  It shall be the duty of the City Clerk to keep a register of the names of persons to whom such license is granted or transferred, the date when issued or transferred, the date when issued or transferred, the number of the license and the description of the vehicle or vehicles licensed.

3-5-6: VEHICLES AND EQUIPMENT:

A. Vehicles:

1.  No taxicab shall be operated unless it bears a State license duly issued, and no such cab shall be operated unless it is equipped with proper brakes, lights, tires, horn, muffler, rear vision mirror and windshield wiper in good condition.  It shall be the duty of the Chief of Police to inspect every taxicab so often as may be necessary to see to the enforcement of the provisions of this Section.

2.  Each taxicab, while operated, shall have on each side, in letters readable from a distance of twenty feet (20'), the name of the licensee operating it.  If more than one cab is operated by the licensee, each cab shall be designated by a different number, and such number also shall so appear on each side of such cab.
 
B. Taximeter:

1.  Equipping and Maintaining:  It shall be the duty of every person owning, controlling or operating any taxicab to equip and maintain on every taxicab an approved taximeter which should be in use at times when passengers are being carried for hire in said taxicab.

2.  Inspection of Taximeter:  It shall be the duty of the Chief of Police to test or cause to be tested at such intervals as he deems necessary, all taxicabs licensed hereunder, and it shall be the duty of every owner, operator or person in control of such taxicab to permit such inspection at any reasonable time.  Each taximeter so tested shall be tested to determine the accuracy of its recording mechanism with respect to distance traveled either by running the taxicab with its attached meter over a course a standard mile in length or by a mechanical test of the taximeter.  In the event that the taximeter is found defective or inaccurate, the same cannot be used until it has  been repaired and the accuracy of its recording system restored.

3-5-7: RATES OF FARE:  The rates of fare shall be such as are approved from time to time by the City Council.  It shall be unlawful for a passenger to fail or refuse to pay the lawful fare at the termination of the trip.  No extra charge shall be made for baggage or parcels the size of which permits them to be carried in the cab.

3-5-8: DRIVERS:  No person shall drive a taxicab or be hired or permitted to do so, unless he is duly licensed as a chauffeur.  It shall be unlawful for any driver of a taxicab while on duty to drink any intoxicating liquor, to use any profane or obscene language, to shout or call to prospective passengers or to disturb the peace in any way.

3-5-9: INSURANCE:  No taxicab shall be operated unless it is covered by a bond or public liability policy as required by statute.  (625 ILCS 5/8-101 et seq.) 

3-5-10:  PASSENGERS:  It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to so use the taxicab; provided such person is not intoxicated and conducts himself in an orderly manner.  No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger.  The driver shall take his passenger to his destination by the most direct available route from the place where the passenger enters the cab.

3-5-11:  TRAFFIC RULES:  It shall be the duty of every driver of a taxicab to obey all traffic rules established by statute or ordinance.

3-5-12:  UNLAWFUL USE:  It shall be unlawful to knowingly permit any taxicab to be used in the perpetration of a crime or misdemeanor.

3-5-13:  CAB STANDS:  Cab stands shall be at such locations on the public streets as may be designated by the City Council by ordinance.  Each cab stand shall be appropriately marked by signs erected under the supervision of the Chief of Police.  It shall be unlawful to park any vehicle other than a licensed taxicab in any cab stand.  A licensed taxicab may be parked in any cab stand while such taxicab is in charge of its driver on duty awaiting a fare.

3-5-14:  PENALTY:  Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 6

ADULT RELATED BUSINESSES

SECTION:

3-6-1:  Definitions; Construction of Terms
3-6-2:  Adult Uses Enumerated
3-6-3:  License Required; Filing of Application; Filing Fee
3-6-4:  Contents of Application
3-6-5:  Issuance of License
3-6-6:  Limitations and Prohibitions Concerning Adult Uses
3-6-7:  Suspension or Revocation of License
3-6-8:  Display of License and Permit
3-6-9:  Violation and Penalty
3-6-10: Severability Clause

3-6-1: DEFINITIONS; CONSTRUCTION OF TERMS:  Any reference in this Chapter to the masculine shall include the feminine, and any reference to the singular shall include the plural.  For the purposes of this Chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of another adult use, school, place of worship or district zoned for residential use.  For the purpose of this Chapter, the following words and phrases shall have the meaning respectively prescribed to them by this Section:

ADULT BOOK STORES:  An establishment having as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on the premises by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas" or an established with a segment or section devoted to the sale or display of such material.

ADULT ENTERTAINMENT CABARET:  A public or private establishment, charging a fee for admission or member ship, and/or licensed to serve food and/or alcoholic beverages, which features entertainers, dancers, waitresses, waiters, or any other employees acting in such a way as to display, depict, describe, or relate to specified sexual activities or specified anatomical areas for observations by patrons therein.

ADULT MINI MOTION PICTURE THEATER:  An enclosed building with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

BODY SHOP or MODEL STUDIO:  Any public or private establishment which describes itself as a body shop or model studio or where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, or where, for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" are provided for observation by or communication to persons paying such consideration or gratuity.

BUILDING STRUCTURE:  Any structure or group of structures housing two (2) or more businesses which share a common entry, exit, wall or frontage wall, including but not limited to, shopping centers, shopping malls, shopping plazas or shopping squares.

MASSAGE:  Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT:  Any establishment having fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on, any or the activities mentioned in the definition hereof "massage".

NUDITY: The showing of the human male or female genitals, pubic area, or cleavage of the human buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.  

PERSON:  An individual, public or private corporation, government, partnership or unincorporated association.

SPECIFIED ANATOMICAL AREAS:  Any of the following conditions:

A. Less than completely and opaquely covered:

1.  Human genitals, pubic region or pubic hair;

2.  Cleavage of the human buttock; and

3.  Female breast with less than a fully opaque covering of any part of the nipple.

B. Human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES:  Any of the following conditions:

A. Human genitals in a state of sexual stimulation or arousal.

B. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation.

C. Fondling or erotic touching of human genitals, pubic region, buttock or female breast.

D. Excretory functions as part of or in connection with any activities set forth in A through C above.

3-6-2: ADULT USES ENUMERATED:  The following shall be considered adult uses for the purpose of this Chapter:

A. Adult book store;

B. Adult motion picture theater;

C. Adult mini motion picture theater;

D. Adult entertainment cabaret;

E. Massage establishment;

F. Body shop or model studio.

3-6-3: LICENSE REQUIRED; FILING OF APPLICATION; FILING FEE:

A. It shall be unlawful for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or  upon any premises in the City the operation of an adult use as herein defined, without first having obtained a separate license for such adult use from the Mayor of the City.

B. Every applicant for a license to maintain, operate or conduct an adult use shall file an application in duplicate under oath with the Mayor upon a form provided by the City Clerk and pay a non-refundable filing fee of six hundred dollars ($600.00) to the City Clerk, who shall issue a receipt which shall be attached to the application filed with the Mayor.

C. Within ten (10) days after receiving the application, the Mayor shall notify the applicant that his application is granted, denied or held for further investigation.  Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant.  Upon the conclusion of such additional investigation, the Mayor shall advise the applicant in writing whether the application is granted or denied.

D. Whenever an application is denied or held for further investigation, the Mayor shall advise the applicant in writing of the reasons for such action.

E. Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required by this Chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the Mayor.

F. Beginning January 1, 2004, Sections 3-6-3 through 3-6-9 will no longer apply to the conduct or operation of a Massage Establishment.  From that date, persons engaged in the provision of massage for compensation must obtain a license pursuant to the Massage Licensing Act from the Department of Professional Regulation. (Ord. No. 2403 12-13-04)

3-6-4: CONTENTS OF APPLICATION:  An applicant for a license shall furnish the following information under oath:

A. Name and residence address.

B. Written proof that the individual is at least eighteen (18) years of age.

C. The exact nature of the adult use to be conducted and the proposed place of business and facilities thereto. 

3-6-5: ISSUANCE OF LICENSE:  The Mayor shall issue a license to maintain, operate or conduct an adult use unless he finds that:

A. The applicant is under the age of eighteen (18) years or under any legal disability.

B. The applicant, at the time of application or at the time for renewal of any such license, shall be in compliance with all the terms of this Chapter.

Every license issued pursuant to this Chapter will be for one year and shall commence on May 1 of each year and shall terminate on April 30 of the following year, unless sooner revoked, suspended or terminated pursuant to the terms of this Chapter.

3-6-6: LIMITATIONS AND PROHIBITIONS CONCERNING ADULT USES:  Adult uses shall be permitted subject to the following restrictions:

A. An adult use shall not be allowed within five hundred feet (500') of another existing adult use.

B. An adult use shall not be located within four hundred feet (400') of any zoning district which is zoned for one-family residential (R-1 through R-4), two-family residential (RT) or multiple-family residential (RM-1 through RM-4).

C. An adult use shall not be located within five hundred feet (500') of a pre-existing school or place of worship.

D. An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages.

E. Any adult use doing business at that time this Chapter takes effect shall have one year from the effective date hereof to comply with the provisions of subsections A through D, inclusive, of this Section.

F. Any adult doing business at the time this Chapter takes effect shall have thirty (30) days from the effective date hereof to apply for the issuance of an adult use license.

G. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by display, decoration, sign, show window or other opening from any public way or from any property not licensed as an adult use.

H. It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.

I. No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the City or law of the State or of the United States. 

J. Notwithstanding any provision of this Chapter to the contrary, an adult use shall not feature:

(1) a person who knowingly or intentionally, in a public place (a) engages in sexual intercourse;
(2) engages in deviate sexual conduct;
(3) appears in a state of nudity; 
(4) fondles the genitals of himself or another person.

3-6-7: SUSPENSION OR REVOCATION OF LICENSE:

A. Any license issued for an adult use may be revoked or suspended by the Mayor if the Mayor shall find:

1.  The licensee has violated any of the provisions of this Chapter regulating adult uses.

2.  The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this Chapter or knowingly caused or suffered another to furnish or withhold such information on his or her behalf.

3.  The licensee has knowingly permitted a person under the age of eighteen (18) years on the premises of an establishment operating as an adult use under this Chapter, and said person under the age of eighteen (18) views any "specified sexual activities" or "specified anatomical areas" as defined in Section 3-6-1 of this Chapter.

4.  The licensee is convicted of violating any of the provisions of Illinois Revised Statutes chapter 38 paragraph 11-20, as now in force or as may be amended from time to time, or any of the provisions of Section 6-2-8-3 of this Code as now in force or as may be amended from time to time.

5.  Licensee has violated any of the other provisions of this Chapter now in effect or as amended from time to time.

B. The Mayor, before revoking or suspending any license, shall give the licensee at least ten (10) days' written notice of the charges against him or her and the opportunity for a public hearing before the Mayor; at which time, the licensee may present evidence bearing upon the question.  In such cases, the charges shall be specific and in writing.

3-6-8: DISPLAY OF LICENSE AND PERMIT:  Every licensee shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises.

3-6-9: VIOLATION AND PENALTY:  Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor.  A person who is convicted shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

3-6-10: SEVERABILITY CLAUSE: If any section, subsection, paragraph, sentence, clause or phrase of this chapter, or any corporation, public agency or circumstances is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof.  It is hereby declared to be the legislative intent of the City Council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not then been included. 
 
CHAPTER 7

PUSHCARTS

SECTION:

3-7-1: Definitions
3-7-2: License Required; Application; Fees
3-7-3: Investigation of Applicant
3-7-4: License Issuance
3-7-5: License Transference
3-7-6: Location Requirements and Restrictions
3-7-7: Posting License
3-7-8: Prohibited Acts
3-7-9: Revocation and Suspension of License

3-7-1: DEFINITIONS:

LICENSE YEAR:  A license year for purposes of this Chapter shall be from the period of May 1 to April 30 of each year.

MOTOR VEHICLE:  Any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor which is required to be licensed and registered with the Secretary of State of Illinois.  The term is to include trailers, trucks and automobiles.

PIER:  That area west of the easterly right-of-way of Front Street to the Illinois River, south of the southerly right-of-way of Caroline Street and north of the northerly right-of-way of Court Street in the Original Town, now City of Pekin, Tazewell County, Illinois. (Ord. No. 2338 08-11-03)

PIER VENDOR:  Any person engaged in the selling, or offering for sale, of food and beverages at the Pier, from a stand or trailer, by locating the same in a fixed location at the Pier so designated by the City Council for a specific period of time. (Ord. No. 2338 08-11-03)

SITE:  The total area occupied by a street and sidewalk vendor, including the stand and auxiliary tables, the place where the employees stand and the place where goods and equipment are stored or displayed.

STAND:  Any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered with the Secretary of State of Illinois.

STREET AND SIDEWALK VENDOR:  Any person engaged in the selling, or offering for sale, of food, beverages, goods, wares or merchandise on the public streets, sidewalks or rights of way from a stand, motor vehicle or from his person by locating the same in a fixed location for a period of time rather than by going from place to place within the City.

TRAILER:  An automobile-drawn highway vehicle designed to serve wherever parked as a business engaged in the selling, or offering for sale, of food and beverages. (Ord. No. 2338 08-11-03)

3-7-2: LICENSE REQUIRED; APPLICATION; FEES

A. License Required:  No person may engage in the business of a street, sidewalk or pier vendor without first obtaining a license to do so.
 
1. Any Pier Vendor license granted will be valid only until December 31, 2003. (Ord. No. 2338 08-11-03)

B. Application:  An application for a vendor's license shall be made in writing to the City Clerk which shall set forth the following:

1.  The name of the individual applying for the license.

2.  The residence, telephone number and driver's license number of the applicant.

3.  The address of the principal place of business of the applicant and its telephone number.

4.  The State of Illinois sales tax identification number to be used by the applicant.

5.  If the applicant is employed by another person or entity, the name of the employer, its address and telephone number.

6.  The type of goods, wares or merchandise to be sold or offered for sale.

7.  The location where the applicant plans to sell his goods, wares or merchandise.

8.  Whether the applicant has been convicted of a criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction.

9.  For sites abutting property upon which there is located a structure which is occupied by a single business, a signed consent by said occupant that the same approves of the vendor being outside their business.  For other sites, a signed consent by the owner(s) of the property abutting the requested location that they approve of the vendor being outside of their property.

C. Fees:

1.  For locations in the downtown business district, the applicant shall pay to the City Clerk prior to filing an application a fee of two hundred fifty dollars ($250.00) per license year which shall be prorated for any full calendar months which have expired during the license year and which will be refunded if the license is denied; provided, however, that an applicant which will donate all profits from the site for charitable, educational, religious or civic purposes shall pay fifty dollars ($50.00) per calendar year or part thereof.

2.  For locations outside the downtown business district, the applicant shall pay to the Director of Finance prior to filing an application, a fee of two hundred fifty dollars ($250.00) per calendar year or part thereof which will be refunded if the license is denied.

 3. Should the applicant plan to operate for a period of less than one week whether in the downtown business district or elsewhere, the applicant shall pay to the Director of Finance prior to filing an application, a fee of twenty dollars ($20.00) per day; provided, however, if the applicant requests a permit for a week, the fee shall be seventy five dollars ($75.00).

 4. For a location at the Pier, the applicant shall pay to the Director of Finance prior to filing an application, a fee of three hundred fifty dollars ($350.00) per calendar year or part thereof which will be refunded if the license is denied. (Ord. No. 2338 08-11-03)

3-7-3: INVESTIGATION OF APPLICANT:  Upon receipt of an application for a license, the City Clerk shall cause a copy of the application to be sent to the Director of Public Works and Code Enforcement Officer who shall report back to the Mayor or his designate within fifteen (15) days whether the applicant meets the requirements for issuance of the license.

3-7-4: LICENSE ISSUANCE:   Upon receipt of the report from the departments referred to in Section 3-7-3, the City Clerk shall issue the license unless he shall find that:

A. The applicant is under the age of sixteen (16).

B. The applicant has been convicted within the last five (5) years of any offense relating to theft, burglary or fraud.

C. The applicant or his employer has had a license issued pursuant to this Chapter revoked for cause.

D. The location requested by the applicant is improper for a street and sidewalk vendor as set forth in subsection 3-7-6 of this Chapter or that another person is licensed for said location.

3-7-5: LICENSE TRANSFERENCE:  No license issued pursuant to this Chapter may be transferred, sold or assigned to another person, corporation or entity.

3-7-6: LOCATION REQUIREMENTS AND RESTRICTIONS:

A. Minimum Requirements for Vendor Locations:  No street, sidewalk or pier vendor’s license shall be issued for any location which does not meet the following criteria:

1.  In the case of sidewalk locations, the paved pedestrian area must be at least ten feet (10') wide;

2.  In the case of street locations, the paved street must be at least thirty two feet (32’) wide; (Ord. No. 2338 08-11-03)

3.  Locations on a street corner shall not be within thirty feet (30') of the intersection of the street curb lines.  Further, locations shall not be within thirty feet (30') of another licensed location;

4.  The location shall not be within one hundred feet (100') of a park, playground or school;

5.  No location shall be granted adjacent to or within a designated bus stop;

6.  No location shall be granted within one hundred fifty feet (150') of property which has a valid building permit if the construction on said property would endanger the health and safety of those patronizing the vendor;

7. Licensees whose sites abut property upon which there is located a structure which is occupied by a single business shall have written consent of said occupant.  Otherwise, the licensee shall have the written consent of the property owner(s) abutting his site.

8. The location for the Pier Vendor shall be a non exclusive area subject to 3-7-6-D (Ord. No. 2338 08-11-03) 

B. Assignment of Sidewalk Locations in the Downtown Business District:

1.  As used in this Chapter, the phrase "downtown business district" shall mean the following described territory or district:  Commencing at the intersection of Margaret Street and Court Street and extending along the Northerly right-of-way line of Margaret Street to Second Street; thence South along the Westerly right-of-way line of Second Street to Court Street; thence East along the Southerly right-of-way line to Third Street; thence South along the Westerly right-of-way line of Third Street to Elizabeth Street; thence East along the Southerly right-of-way line of Elizabeth Street extended to the intersection of Elizabeth Street and Broadway Street; thence along the center line of Broadway Street Easterly to a point in the intersection of Court Street and Margaret Street.

2.  Sidewalk vendors in the downtown business district shall be restricted to areas which are as set forth in Schedule "A" of Ordinance 1556 which may be amended from time to time by resolution of the City Council.

3.  No person shall hold more than two (2) licenses in the district.  Any locations remaining unlicensed shall be assigned to applicants on a first-come basis.  Persons renewing their licenses will be given preference to relocate at their prior site if they apply for renewal prior to February 1 of the year for which the license is requested.

B. Assignment of Other Locations:  Upon applying for a license under this Chapter for a street location or a sidewalk location outside of the downtown business district, the applicant shall state the location where he desires to locate.  For the license year of 1986, those persons who held street and sidewalk vendor licenses for the year 1985 shall be given preference to relocate at their prior site or as near thereto as the criteria set forth in subsection A of this Section permits if they apply for renewal of their license on or before February 1, 1986.  Thereafter, persons renewing their license for the succeeding year will be given preference to relocate at their prior site if they apply for renewal prior to February 1 of the year for which the license is requested.

C. Upon the approval of an impending special event at the Pier by the Mayor and the Chief of Police, the Pier Vendor shall be notified by the Director of Public Property and shall vacate said designated area by 10:00 A.M. on the morning of the scheduled event and remain off the premises for the duration of said event.  (Ord. No. 2338 08-11-03)

3-7-7: POSTING LICENSE:  Every license issued under this Chapter shall be permanently affixed to the stand or vehicle of the sidewalk or street vendor, respectively, by its own adhesive in a prominent location.

3-7-8: PROHIBITED ACTS:

A. No licensee shall sell or offer for sale goods, wares or merchandise other than at the location approved by the City.

B. No one shall engage in the business of a street, sidewalk or pier vendor between the hours of ten o'clock (10:00) P.M. and ten o'clock (10:00) A.M. (Ord. No. 2338 08-11-03)

C. No licensee shall leave any stand unattended.

D. No licensee shall store, park or leave any stand on any street, sidewalk or public right of way.

E. No licensee shall park any motor vehicle other than in a lawful parking place in conformance with City and State parking regulations.

F. All licensee selling food and beverages for immediate consumption shall have available for public use their own thirty two (32) gallon litter receptacle which is available for their patrons' use.

G. No licensee shall leave his location without first picking up, removing and disposing of all trash or refuse from the sales made by him.  No licensee shall dispose of trash or refuse in the public receptacles.

H. No licensee shall solicit or conduct business with persons in motor vehicles.

I. No licensee shall sell anything other than which he stated in his license application.

J. No licensee shall occupy a site which is greater than fifty (50) square feet in size or which leaves less than eight feet (8') for pedestrian travel, except for Pier Vendors, whose site may extent to one hundred fifty (150) square feet in size.  When set up by the licensee, a stand shall be placed at the property line and not at the curb line.  Pier Vendors shall set up at the area so designated by the City.  (Ord. No. 2338 08-11-03)

K. No licensee shall sell food or beverages without first obtaining a license to do so from the County Health Department.

L. No licensee whose location is beneath any tree shall cook food at the licensed site.  Only warming of food shall be permitted.

M. No licensee shall deface, mar, mark, damage or destroy the public right of way.  All stains from cooking, wheels, spillage or any other cause shall be removed within two (2) days.  All stands shall provide a protective pad under their site to protect the sidewalk.

3-7-9: REVOCATION AND SUSPENSION OF LICENSE:  Any street, sidewalk or pier vendor’s license may be revoked or suspended for a period not to exceed thirty (30) days by the Mayor if the Mayor shall find after a hearing that:

A. The licensee has violated any of the provisions of this Chapter, the laws of the State or the ordinances of the City while engaged in the business of a street, sidewalk or pier vendor. (Ord. No. 2338 08-11-03)

B. The licensee has been convicted of any offense set forth in Section 3-7-4B of this Chapter.

C. The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for a license or in an investigation into any such license.

Prior to holding a hearing concerning the question of whether a license issued pursuant to this Chapter shall be revoked or suspended, the Mayor shall give at least ten (10) days' written notice to the licensee setting forth the alleged violations specifically.  The licensee may present evidence at such hearing and cross-examine witnesses. 
 
CHAPTER 8

PEDDLERS

SECTION:

3-8-1: Peddler Defined
3-8-2: License Required; Application; Fees
3-8-3: License Issuance
3-8-4: License Transfer
3-8-5: Possession and Display of License
3-8-6: Prohibited Acts
3-8-7: Revocation and Suspension of License
3-8-8: Penalty

3-8-1: PEDDLER DEFINED:

A. As used in the Chapter, the term "peddler" shall mean every person who shall sell or offer for sale, barter or exchange, at retail, any goods, wares or merchandise by traveling from place to place in, along and upon the streets, avenues, alleys or public thoroughfares of the City or who shall sell and deliver from any vehicle goods, wares or merchandise, by going from place to place in the City selling or taking orders for goods, wares, subscriptions or merchandise for future delivery.

B. The term "peddler" shall not include the following persons:

1.  Sellers of milk and cream.

2.  Farmers, fruit growers and gardeners who sell the produce of their farm, orchard, vineyard.

3.  Sellers or deliverers of newspapers.

4.  Sidewalk and public place vendors as defined in Chapter 7 of this Title.

5.  Persons who, without receiving any compensation for their services, solicit contributions or sell goods, wares or merchandise for civic, patriotic, fraternal, educational, religious or benevolent organizations.

6.  Persons who are registered to sell goods, wares and merchandise on City-owned public grounds as part of an event which has been approved by the Mayor and City Council.

7.  Persons who sell at events which are sponsored by civic, patriotic, fraternal, educational, religious or benevolent organization goods, wares or merchandise which they have made themselves such as handicrafts and home-sewn items.

3-8-2: LICENSE REQUIRED; APPLICATION; FEES:

A. License Required:  No person shall engage in the business of a peddler without first obtaining a license to do so.

B. License Application:  An application for a peddler's license shall be made in writing to the City Clerk and shall set forth the followings:

1.  The name of the individual applying for the license.

2.  The residence, telephone number and driver's license number of the applicant.

3.  The address of the principal place of business of the applicant and its telephone number.

4.  If the applicant is employed by another person or entity, the name of the employer, its address and telephone number.

5.  Whether the applicant has been convicted of a criminal offense or ordinance violation (other than traffic or parking offense) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction.

C. License Fees:  The applicant shall pay to the City Clerk prior to filing an application a fee of fifty dollars ($50.00) per calendar year or part thereof.  Should the application be denied, the license fee shall be refunded to the applicant.

3-8-3: PROHIBITED ACTS:

A. Vehicles, stands and carts used for peddling shall not be operated from fixed locations and stops shall only be made to service customers.

B. No one shall engage in the business of a peddler between sunset or seven o'clock (7:00) P.M., whichever is later, and nine o'clock (9:00) A.M. of the succeeding day.

C. No peddler shall park or stand within two hundred feet (200') of a playground or school during the time that organized recreational activities are in progress.

D. Whenever a peddler shall make sales from a vehicle, the vehicle shall be stopped at the right-hand curb of the street or at the extreme right-hand edge of the pavement.  No sales shall be made from any vehicle except fro the curb side thereof.

E. No person shall engage in the business of peddling at any residence at which there is displayed upon or near the main entrance door a weatherproof card, approximate three inches by four inches (3" x 4"), which states one of the following:

NO SOLICITORS INVITED
 or

NO PEDDLERS INVITED

or words to the same effect.  Lettering on such signs shall be at least one-third inch (1/3") in height.

F. No peddler shall remain at any residence after being asked by an occupant to leave.

G. No peddler shall engage in the business of peddling with pedestrians or occupants of motor vehicles.

3-8-7: REVOCATION AND SUSPENSION OF LICENSE:  Any peddler's license may be revoked or suspended for a period not to exceed thirty (30) days by the Mayor if the Mayor shall find after a hearing that:

A. The license has violated any of the provisions of this Chapter, the laws of the State of Illinois, or the ordinances of the City of Pekin while engaged in the business as a peddler other than traffic or parking offenses.

B. The licensee has been convicted of any offense set forth in subsection 3-8-3B of this Chapter.

C. The licensee has knowingly furnished false or misleading information or withheld relevant information or withheld relevant information on any application for a peddler's license or an investigation into any such license.  Prior to holding a hearing concerning the question of whether a license issued pursuant to this Chapter shall be revoked or suspended, the Mayor shall give at least ten (10) days' written notice to the licensee setting forth the alleged violations specifically.  The licensee may present evidence at such hearing and cross-examine witnesses.

3-8-8: PENALTY:  Anyone convicted of a violation of any provision of this Chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or each offense.  Every day any violation of any provision of this Chapter shall continue shall constitute a separate offense. 
 
CHAPTER 9

TRANSIENT MERCHANTS

SECTION:

3-9- 1:    Definitions
3-9- 2:    License Required; Exemptions
3-9- 3:    License Application
3-9- 4:    License Fees and Term
3-9- 5:    Investigation of Applicant
3-9- 6:    License Issuance
3-9- 7:    License Transfer; Change of Location
3-9- 8:    Bond
3-9- 9:    License Display
3-9-10:  License Suspension or Revocation
3-9-11:  Penalty

3-9-1: DEFINITIONS:  As used in this Chapter, the following words and terms shall have the meetings respectively ascribed as follows:

COLLECTIBLES:  Any tangible personal property which has an enhanced value because of its rarity and which is commonly bought, sold or exchanged among collectors and shall include such things as rare coins, stamps and jewelry.

CONSUMER GOODS, WARES AND MERCHANDISE:  Any tangible personal property which is normally used for personal, family or household purposes.

CONSUMER SHOW:  Any combination of five (5) or more business enterprises which temporarily offer their goods, wares and merchandise for sale or take orders for their goods, wares and merchandise at any one location within the City not their regular place of business.

EXHIBITIONS OF COLLECTIBLES:  Any combinations of five (5) or more individuals or business enterprises which temporarily offer to buy, sell or exchange collectibles or take orders for collectibles at any one location within the City not at their regular place of business.  This definition shall include activities commonly known as flea markets.

GARAGE SALE:  A resident or group of residents conducting a sale of secondhand merchandise.  Garage sales are limited to four (4) days a quarter with said quarters beginning on March 15, June 15, September 15 and December 15 of each year.

SERVICES:  Any transaction where the exchange of monies does not involve the exchange of consumer goods, wares and merchandise.

SPONSOR:  Any person, firm, association or corporation which solicits individuals or business enterprises to participate in and which conducts an exhibition of collectibles or consumer show.

TRANSIENT MERCHANT:  Any person, firm, partnership, corporation or association or group engaging temporarily in the retail sale of collectibles or consumer goods, wares, merchandise or services within the City who, for the purpose of conducting such business, rents or leases any room, building, hotel, rooming house, structure or lot of any kind, regardless of whether such goods, wares, merchandise or services are peddled from house to house, place to place, or sold from the room, building, hotel, rooming house, structure or lot.

3-9-2: LICENSE REQUIRED; EXEMPTIONS:

A. License Required:

1.  No person, firm, partnership, corporation or association shall engage in business as a transient merchant without first having obtained a license from the City to do so.

2.  No person, firm, partnership, corporation or association shall conduct an exhibition of collectibles or a consumer show without first having obtained a license from the City to do so.

B. Exemptions:  Exemptions from the licensing requirements shall be as follows:

1.  Persons holding a license pursuant to Chapters 7 or 8 of this Title.

2.  Sales, consumer shows or exhibitions of collectibles conducted or sponsored by governmental, civic, patriotic, fraternal, education, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are incorporated as a not-for-profit corporation by the State.

3.  Garage Sales.

4.  Sales conducted by merchants who have had a regular, active and continuous existence in a permanent location in the Counties of Tazewell, Peoria, Woodford or Mason for at least one year prior to the holding of the sale.

5.  Consumer shows and their individual exhibitors where seventy five percent (75%) of the exhibitors have a permanent place of business in Tazewell, Peoria, Woodford or Mason Counties, or where the sponsor is a resident or has a permanent place of business in said counties.

6.  Sales incidental to sporting events, concerts or performances of plays, or similar presentations where conducted by the person or persons producing the event. 

3-9-3: LICENSE APPLICATION:  An application for a license required by this Chapter shall be made in writing to the City Clerk which shall set forth the following:

A. The name of the individual, partnership, corporation or association applying for a license, its business address and telephone number.

B. The residence, phone number, and driver's license number of the applicant or partners or, if a corporation or association, the residence, phone numbers and driver's license number of the officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock.

C. The location and dates for which the license is requested.

D. The admission price, if any.

E. The names and addresses of the individuals or business enterprises expected to participate.  Any new individuals or business enterprises added after the submission of the application must be submitted to the sale, show or exhibition.

F. Whether the applicant, his partners, the officers or listed shareholders have been convicted of any criminal offense or offenses in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction.

G. State of Illinois sales tax number.

3-9-4: LICENSE FEES AND TERM:  The fees for a transient merchant's or a sponsor's license shall be fifty dollars ($50.00) for an initial license and twenty five dollars ($25.00) for any subsequent license issued within twelve (12) months.  All such license fees must be paid in advance.  If any such licensee desires to continue in business after the expiration of such license, a new license must be secured in the same manner and upon the same terms as the original license.

3-9-5: INVESTIGATION OF APPLICANT:  Upon receipt of an application for a license, the City Clerk shall cause a copy thereof to be sent to the Police Department and Planning and Zoning Department which shall report back to the City Clerk in fifteen (15) days whether the application is in accordance with applicable City ordinances.

A. The location requested is not properly zoned for the event.

B. The transient merchant or sponsor, its officers or listed shareholders have been convicted within the last five (5) years of any offense related to theft, burglary or fraud.

C. The transient merchant or sponsor, its officers or listed shareholders have had a license issued pursuant to this Chapter or Chapters 7 or 8 of this Title revoked for a cause.

D. The transient merchant does not have a State of Illinois sales tax number. 

3-9-7: LICENSE TRANSFER; CHANGE OF LOCATION:  No license issued under this Chapter may be transferred to any person, partnership, corporation or association, nor shall the licensee be permitted to change the location of the event as set forth in the application. 

3-9-8: BOND:  Prior to receiving a license under this Chapter, the transient merchant or sponsor shall submit to the City a bond in the penal sum of two thousand dollars ($2000.00) executed by a surety company conditioned that all foods, wares, merchandise or articles sold at the event will be represented by the participating individual or business enterprises, and if not, the purchase price will be refunded.  Any person aggrieved by the action of any individual or business enterprise at the event shall have the right of action on the bond for the recovery of money or damages or both.

3-9-9: LICENSE DISPLAY:  Every license issued under the provisions of this Chapter shall, at all times during the period for which it is effective, be at the location for the event as identified in the application as required in Section 3-9-3 of this Chapter, and the sponsor shall display such permit to any person upon request. 

3-9-10: LICENSE SUSPENSION OR REVOCATION:  The Mayor shall have the right to suspend for a period of not more than thirty (30) days or revoke a license issued pursuant to this Chapter if he shall find after hearing that the applicant has made false representation or misleading statements in the application for such license or has committed any offense referred to in subsection 3-9-6B of this Chapter.  Due to the fact that licensees are only doing business with in the City for a limited period of time, the Mayor may suspend a license issued pursuant to this Chapter without a hearing for not more than five (5) days where he finds that there is probable cause to believe that there are grounds to revoke the license as set forth above and that the protection of the public requires that action be taken before a hearing may be held.  Notice of the suspension shall be in writing setting forth the alleged violations specifically and setting the date for hearing within five (5) days.  Prior to holding a hearing concerning the question of whether a license issued pursuant to this Chapter shall be suspended or revoked, the Mayor shall give at least three (3) days' written notice to the licensee setting forth the alleged violation specifically.  In any hearing required by this Section, the licensees may present evidence and cross-examine witnesses.  After such hearing, the Mayor may:

A. Revoke the license in question.

B. If the license has expired, declare a forfeiture on all or part of the bond posted pursuant to Section 3-9-8.

C. Rule that the applicant cannot receive future licenses pursuant to this Chapter.

D. Suspend the license in question for a period not to exceed thirty (30) days. 

3-9-11: PENALTY:  Anyone convicted of a violation of any provision of this Chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense.  Every day any violation of any provision of this Chapter shall continue shall constitute a separate offense. 
 
CHAPTER 10

REFUSE HAULERS

SECTION:

3-10-1: License Required
3-10-2: Limitation on Number of Licenses Issued
3-10-3: Effect of License
3-10-4: Vehicles
3-10-5: Disposal of Refuse
3-10-6: Penalty
              (Ord. No. 2563-08/09 09-08-08)

3-10-1: LICENSE REQUIRED:

A. Regular Licenses:  It shall be unlawful for any person to engage in the City in the business of scavenger or the collection or disposal of animal, human or vegetable refuse or offal without having first secured a license therefor.  The annual fee for such license shall be two hundred Fifty Dollars ($250.00), payable on May 1 annually.  Such license shall be and is hereby deemed to be a personal license and shall not be assignable to any other person.

B. Special Licenses:  There is hereby provided a special license for refuse haulers in the City which shall apply to refuse haulers using stationary compactors, dumpsters, roll-offs or equivalent containers, and it shall be unlawful for any person to engage in the City in the business of scavenger or collection or disposal of animal, human or vegetable refuse or offal without having first secured a special license therefore when utilizing said stationary compactor, dumpster, roll-off or equivalent container.  The holder of a special license as provided for herein shall be permitted to serve commercial and residential properties within the City. Such special license shall be and is hereby deemed a personal license and shall not be assignable nor transferable to any other person or entity.  The annual fee for such special license shall be two hundred fifty dollars ($250.00) payable on May 1 annually, which fee shall apply for any part or portion of a year.

3-10-2: LIMITATION ON NUMBER OF LICENSES ISSUED: 

RESERVED

3-10-3: EFFECT OF LICENSE:  A license shall be a personal privilege valid from the date of issuance until the next May 1 unless sooner revoked by reason of violation of the provisions of this or any other chapter of the City Code.  A license shall not constitute personal property and shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or otherwise or subject to being encumbered or hypothecated.  Licenses cease to be valid upon death of the individual or dissolution of the entity holding such license.

3-10-4: VEHICLES: Any vehicle used by such refuse hauler in his business shall be equipped with covers for such portions as are used for the transportation of refuse.  It shall be unlawful for any such vehicle to be driven over or through any street in the City on a Sunday. 

3-10-5: DISPOSAL OF REFUSE; PERMIT; FEE:

A. Permanent Containers, being defined as those stationary compactors, dumpsters, roll-offs or the equivalent which service commercial or residential properties perpetually and are those properties’ sole method of refuse disposal shall be permitted without a fee provided they are placed and serviced by a refuse hauler holding a special license. All Permanent Containers shall be emptied not less than every seven (7) days; however, no noxious odors shall be permitted to emanate from any Permanent Container; in which case, the said refuse must be immediately removed from the City.

B. Temporary Containers shall be defined as all those stationary compactors, dumpsters, roll-offs or the equivalent, which are not Permanent Containers. In the event the desired location of the Temporary Container will obstruct a public street, alley, sidewalk, or other public way in violation of City Code Title 4 Chapter 2 Section 6-1 the special license holder must first submit a location map for approval and obtain authorization for such placement from the Public Works Director pursuant to 4-2-6-1 of the City Code.  If the placement of a Temporary Container is authorized by the Public Works Director in a location that obstructs a public way the permit fee shall be twenty-five dollars ($25.00) per day.

3-10-5: PENALTY:  Any person violating any provisions of this Chapter shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each during or on which a violation occurs or continues.

CHAPTER 11

SECONDHAND DEALERS

SECTION:

3-11- 1: Secondhand Dealer Defined
3-11- 2: License Required
3-11- 3: Exemptions
3-11- 4: Application
3-11- 5: Fees
3-11- 6: Investigation
3-11- 7: Issuance
3-11- 8:  Posting
3-11- 9: Revocation
3-11-10: Bond
3-11-11: Transfer
3-11-12: Change of Location
3-11-13: Hours of Operation
3-11-14: Prohibited Purchases
3-11-15: Purchasing, Selling, Etc., Weapons Prohibited
3-11-16: State and Federal Laws complied with
3-11-17: Record of Purchases
3-11-18: Reports to Chief of Police
3-11-19: Inspection of Premises:  Seizures:
3-11-20: Waiting Period
3-11-21: False of Misleading Application
3-11-22: Penalty

3-11-1:  SECONDHAND DEALER DEFINED:   As used in this Ordinance, a second¬hand dealer is any person, partnership, corporation, association, joint venture, trustee, court-appointed representative or agent thereof which operates a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, coins or any precious metals which may have been previously owned by a consumer; or which derives more than thirty five percent (35%) of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including but not limited to, furniture, appliances, clothing, automobile accessories, books, magazines and athletic cards and memorabilia or metals, whether in bulk or manufactured state.  The term secondhand dealer shall include businesses commonly known as pawnbrokers, swap shop operators, stamp dealers, coin dealers, jewelers and auction houses who purchase and resell items from persons other than dealers and suppliers.  The fact that any business does any of the following acts shall be prima facie proof that said business is a secondhand dealership:

A. Advertises in any fashion that it buys or sells secondhand or used items.  Such advertisements shall include, but are not limited to, media advertisements, telephone listings, and signs whether on the exterior or interior of the business;

B. Devotes a significant segment or section of the business premises to the purchase or sale of secondhand or used items.

3-11-2: LICENSE REQUIRED:   No person, either as owner, manager, lessee, officer or agent, or in any other capacity, within the City, shall operate or permit to be operated a secondhand dealership without first having obtained a license from the City to do so.

3-11-3: EXEMPTIONS:   The following are exempt from the requirements of this Ordinance:

A. Garage Sales:  As used in this Section, a garage sale is defined as the sale at retail of used personal property by the lawful residents of residentially zoned property which garage sale is not conducted on a periodic or ongoing basis.  A garage sale shall be deemed to be periodic or ongoing if a garage sale is held by the lawful resident of residentially zoned property more than five (5) days in any consecutive ninety (90) day period;

B. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are incorporated as a not for profit corporation by the State;
 
C. Sales or purchases which are regulated by the licensing laws of the State, including automobile dealers, used parts dealers and automotive parts recyclers;
 
D. Antique Dealers:  As used in this Section, an antique dealer is defined as one who derives 75% of his gross sales each year from the sale of antiques and/or primitives.  As used in this Section, an antique or primitive is defined as an old and valuable art object or article no longer in production which is at least fifty (50) years old.  As used in this section, the term "sale" does not include an exchange, trade, or swap of items.
 
3-11-4: APPLICATION:   An application for a license required by Section Two shall be made in writing to the Pekin City Clerk which shall minimally set forth the following:
 
A. The name of the individual, partnership, corporation or association applying for a license;
 
B. The residence, phone number, date of birth,  driver's license number, and social security number or federal tax identification number of the applicant or partners, or, if a corporation or association, the residence, phone number and driver's license number of the officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock;
 
C. The location for which the license is requested;
 
D. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction; and,
 
E. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by this or any other jurisdiction regulating the purchase or sale of secondhand property revoked for cause, and, if so, list the date of revocation and jurisdiction.
 
3-11-5: FEES:   The applicant shall pay the City Clerk prior to filing an application a license fee of FIFTY ($50.00) DOLLARS per City fiscal year or part thereof.  The license shall be renewed each year; the annual renewal fee shall be FIFTY (50.00) DOLLARS.  Should the license be denied, the license fee shall be refunded to the applicant. 

3-11-6: INVESTIGATION:   Upon receipt of an application for a license the City Clerk shall cause a copy thereof to be sent to the Police Department which shall report back to the City Clerk in twenty-one (21) days whether the applicant(s) is/are in accordance with applicable City codes.
 
3-11-7: ISSUANCE:   Upon receipt of the report from the Police Department referred to in Section Six, the City Clerk shall issue the license requested unless the City Clerk shall find:
 
A. The applicant is under the age of eighteen (18);
 
B. The location requested is not in a permanent structure;
 
C. The applicant, its partners, officers or listed shareholders have been convicted of or have pleaded guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this State, City or any other jurisdiction within the past ten (10) years, or have forfeited a bond to appear in court to answer for charges for such offenses during said time;
 
D. That the location requested and structure to be used would not comply with all applicable laws including the Zoning Code of the City;
 
E. That the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the  purchase or sale of secondhand property which was revoked for cause; or
 
F. That the applicant, its partners, officers or listed shareholders has knowingly furnished false or misleading information or withheld relevant information on any application for a license required by Section Four of this Ordinance or any investigation into any application.
 
3-11-8: POSTING:   Every license issued under the provisions of this Ordinance shall, at all times during the period for which it is effective, be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued.
 
3-11-9: REVOCATION:   Any license issued for a secondhand dealer may be revoked or suspended for a period not to exceed thirty (30) days by the Mayor if he shall find after hearing:
 
A. That the licensee, its officers, agents or employees have violated any of the provisions of this Ordinance, the laws of the State or Ordinances of the City in the operation of the business; or,
 
B. That the licensee, its partners, officers or shareholders have been convicted of any offense set forth in Section Seven of this Ordinance; or
 
C. That the licensee, partners, officers or shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by Section Four of this Ordinance or any investigation into any application.

The licensee shall be responsible for the acts of its agents, servants and employees in the operation of the business.  Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the Mayor shall give at least ten (10) days' written notice to the licensee setting forth the alleged violation.  The licensee may present evidence and cross-examine witnesses at such hearing.
 
3-11-10: BOND:   Every applicant for a license under this Ordinance shall file with the City Clark a surety bond in the penal sum of ONE THOUSAND ($1,000.00) DOLLARS, with two (2) or more sureties owning real estate in the City approved by Corporation Counsel, or corporate surety licensed with the State, with the applicant as obligee, conditioned for the faithful and due performance of the provisions of this Ordinance and the laws of the State concerning the operation of the licensed business, and the payment of all fines and penalties by reason of the violation thereof.
 
3-11-11: TRANSFER:  

A. No license issued under this Chapter may be transferred to any other person, partnership, corporation or association;
 
B. No corporate licensee shall permit any transfer of its stock which would vest in aggregate more than five percent (5%) of the stock outstanding in said corporation in any shareholder unless said shareholder has first been certified by the City Clerk as meeting the requirements of Section Seven of this Ordinance.
 
3-11-12: CHANGE OF LOCATION:   No licensee shall carry on any business required to be licensed under this Ordinance except at the location designated on the license.  Should the licensee wish to change the location, application shall be made to the City Clerk for such change in writing.  The City Clerk shall approve the change of location unless the new location would be contrary to the provisions of this Ordinance or any of the Ordinances of the City.  There shall be no fee for filing any application for change of location.
 
3-11-13: HOURS OF OPERATION:   No licensee shall purchase any goods, wares, articles or things, whatsoever, from any person between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the next day.
 
3-11-14: PROHIBITED PURCHASES:    No licensee shall purchase or accept any goods, wares, articles, or things under any of the following circumstances:
 
A. Where the seller is less than the age of eighteen (18);
 
B. Where the seller is intoxicated.  Intoxicated is defined as a seller whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs;
 
C. Where the seller fails to present at least two (2) forms of identification of which at least one contains the seller's full legal name, date of birth, a photograph or full physical description, and an identification number;
 
D. Where the article to be purchased had an original manufacturer's serial number at the time it was new, but no longer legibly exhibits said number.
 
3-11-15: PURCHASING, SELLING, ETC., WEAPONS PROHIBITED:   No licensee shall deal in, or buy or sell, or display in his shop, any pistol, revolver, derringer, bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person unless such licensee shall also possess valid and current licenses or permits as required by applicable Federal, State, or local laws, ordinances, rules or regulations.
 
3-11-16: STATE AND FEDERAL LAWS COMPLIED WITH:     Any licensee operating as a pawn shop or pawnbroker shall comply with all applicable state and federal laws and regulations that govern the same.
 
3-11-17: RECORD OF PURCHASES:   Every licensee shall keep at the licensed location a register on multi-copy forms provided or approved by the Chief of Police in which shall be entered in a permanent manner the following information; a succinct and accurate description of all property taken, purchased or received in the course of the business licensed under this Ordinance, including any number or inscription that may be in or on said property; the full legal name of the person from whom the property is received, including full first name and middle initial, if any; such person's current residential address, date of birth and physical description; the consideration and terms of the transaction; the signature of the employee who received the property; and the signed statement of the person from whom the property was obtained that he/she is over eighteen (18) years of age and the legal owner of same, clear of all attachments and with the legal right to sell.  Entries made in the register shall be printed or typed and shall be legible.  All entries shall be made immediately upon receipt or purchase of any property.  The register shall be open to inspection by any police officer during normal hours of operation.

3-11-18: REPORTS TO CHIEF OF POLICE:   It shall be the duty of every licensee to have available for delivery to the Chief of Police, or officer designated by the Chief, every business day and before the hour of twelve o'clock (12:00) noon, a legible and correct copy from the register of all personal property, or other valuable things, received or deposited or purchased the preceding day in whatever quantity received, including property purchased as secondhand merchandise at wholesale, secondhand merchandise taken in for sale or possessed on consignment for sale, and secondhand merchandise taken in for trade.

No person shall be required to furnish such description of any new property purchased from manufacturers or wholesale dealers having an established place of business, or of any goods purchased at open sale, or from a bankrupt stock.  Such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and must be shown to the Chief of Police and members of the Police Department, when demanded.
 
3-11-19: INSPECTION OF PREMISES:  SEIZURES:   Every licensee and every per¬son employed by the licensee in the conduct of business, shall admit to any and every part of the premises designated in the license, during normal business hours, any law enforcement officer of the City to examine any goods, articles, things, pledges, pawns, or books or other records on the premises dealing with purchase or sale of used property and to search for and to take into possession any article known or for which such officer has reasonable grounds to believe to have been stolen.  Such law enforcement officer may make any such search or seizure as is provided for in this Section, and property so seized shall be receipted for by such officer, who shall fully describe the seized property and sign the receipt.  Should the officer determine the property not to be stolen, the officer shall promptly return same to the licensee and obtain a receipt therefor, as aforesaid.
 
3-11-20: WAITING PERIOD:   Every licensee, except auction houses, shall keep all property purchased or received from an individual for inspection for a period of seven (7) calendar days before it can be sold or traded.  The waiting period may be waived in writing by the Chief of Police or by his authorized representative.

Every bona-fide auction house shall maintain an accurate record of all transactions, listing the full first name, middle initial, and last name of all buyers, residential address or business name and address, date of birth and physical description.  The buyer shall sign the record of transaction.

Every auction house operating a regular secondhand store for the sale of merchandise, other than at auction, shall comply with all provisions of this Ordinance the same as a secondhand store or a secondhand dealer.

3-11-21: FALSE OF MISLEADING APPLICATION:   In addition to being subject to penalty as hereinafter set forth, any person which obtains a license as herein provided by furnishing the City with a false or misleading application shall, upon the discovery thereof, suffer an immediate revocation of such license and forfeiture of all fees paid. 

3-11-22: PENALTY:   Any person who shall violate any of the provisions of this Chapter shall upon conviction be subject to a fine of not less than FIFTY ($50.00) DOLLARS nor more than FIVE HUNDRED ($500.00) DOLLARS for each offense.  Each day any violation of any provision of this Chapter shall continue shall constitute a separate offense.  The licensee shall be fully responsible for any violation of this Chapter occasioned by or with the condonation of the licensee's partners, officers, shareholders, agents, or employees; any such violation shall be imputed to the licensee.

CHAPTER 12

THEATERS

SECTION:

3-12-1: License Required
3-12-2: License Fee

3-12-1: LICENSE REQUIRED:  No person shall engage in the business of operating a theater without a valid license issued by the City Clerk.

3-12-2: LICENSE FEE:  A fee of six hundred dollars ($600.00) per year is hereby imposed for each theater operating within the corporate limits of the City, which license fee shall be paid on May 1. Two or more theaters under common ownership, common roof, or common building, shall each pay a license fee.
 
CHAPTER 13

TOBACCO PRODUCTS DEALERS

SECTION:

3-13- 1: Definitions
3-13- 2: License Required
3-13- 3: Fees
3-13- 4: Ownership; Display
3-13- 5: Location Restrictions
3-13- 6: Prohibited Sales and Delivery; Signs
3-13- 7: Minimum Age to Sell Tobacco Products
3-13- 8: Certain Free Distributions Prohibited
3-13- 9: Vending Machines; Locking Devices
3-13-10: Acts and Omissions
3-13-11:  Suspension; Revocation of License; Fines; Costs
3-13-12: Use of Premises After Revocation
3-11-13: Fines and Penalties

3-13-1:  DEFINITIONS:   For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them:

TOBACCO PRODUCTS:   Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

VENDING MACHINE:   Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

3-13-2:  LICENSE REQUIRED: 

A. It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering, tobacco products within the City of Pekin without having first obtained a tobacco dealer's license therefor pursuant to this Article. 

B. Application for a license hereunder shall be made in writing to the City Clerk.

3-13-3:  FEES:   The annual license fee for a tobacco dealer's license shall be fifty ($50.00) dollars for each vending machine or for each location where tobacco products are sold and dispensed. 

A. However, one license only shall be required where tobacco products are dispensed in a place of business having more than one check-out counter in that individual business. 

B. Also, where tobacco products are sold and dispensed at a check-out counter or counters and by vending machine, said machine shall be required to pay annual fee and annual fee will be required for the sale of tobacco products over check-out counter or counters even though located within the same business operation.

3-13-4:  OWNERSHIP; DISPLAY:

A. Ownership:  The license shall be issued to the owner or proprietor of the place or building in which the tobacco products are sold or dispensed.

B. Display:  The license or a copy thereof shall be displayed upon each machine from which tobacco products are dispensed, and a valid license for the sale of tobacco products  shall be displayed at the place where the same are sold over the counter.

3-13-5:  LOCATION RESTRICTIONS:  No license shall be issued for the sale at retail of any tobacco products within 100 feet of any school, child care facility or other building used for educational or recreational programs for persons under the age of 18.  This prohibition
shall not apply to the renewal of any existing license.  The distance of 100 feet shall be measured to the nearest part of any such school, child care facility or other building used for educational or recreational programs for persons under the age of 18.

3-13-6:  PROHIBITED SALES AND DELIVERY; SIGNS:

A. It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen (18) years.

B. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale.  Each such sign shall be plainly visible and shall state:

  THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
      EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.

The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high.

3-13-7:  MINIMUM AGE TO SELL TOBACCO PRODUCTS:   It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen (18) years of age to sell tobacco products in any licensed premises.

3-13-8:  CERTAIN FREE DISTRIBUTIONS PROHIBITED:   It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, or any other person, to distribute, give away or deliver tobacco products free of charge to any person in any right-of-way, park, playground or other property owned by the city, or any property owned by any school district, park district or public library. 

3-13-9:  VENDING MACHINES; LOCKING DEVICES:

A. It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by the use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of eighteen (18) years.

B. Any premises where access by persons under the age of eighteen (18) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of the business located at such premises shall be exempt from the requirements of the foregoing Paragraph A.  above.

3-13-10:  ACTS AND OMISSIONS:   Every act or omission of whatever nature, constituting a violation of any of the provisions of this Article by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.

3-13-11:  SUSPENSION; REVOCATION OF LICENSE; FINES; COSTS:

A. The Mayor shall be charged with the administration of this Article.  The Mayor may suspend or revoke any license issued under the provisions of this Article, if the Mayor determines that the licensee has violated any of the provisions of this Article.  In lieu of suspension or revocation of a license, the Mayor may instead levy a fine on the licensee.

B. However, no license shall be suspended or revoked and no licensee shall be fined except after a hearing with the Mayor with a seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice.  The seven (7) day notice provision shall begin the day following delivery by certified mail or by personal service.

C. The Mayor shall within seven (7) days after such hearing, if the Mayor determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order upon the licensee within fourteen (14) days after such hearing.

D. Any licensee determined by the Mayor to have violated any of the provisions of this Article shall pay to the City the costs of the hearing before the Mayor on such violation.  The Mayor shall determine the costs incurred by the City for said hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders an all other miscellaneous expenses incurred by the City or such lesser sum as the Mayor may allow.

E. The licensee shall pay said fine and/or costs to the City within thirty (30) days of notification of the costs by the Mayor.  Failure to pay said costs within thirty (30) days of notification is a violation of this Article and may be cause for license suspension, revocation, levy of a fine or other civil remedy.

3-13-12:   USE OF PREMISES AFTER REVOCATION:  When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six (6) months thereafter for the conduct of the business of selling tobacco products as defined in Section 3-13-1 of this Article.

3-13-13:   FINES AND PENALTIES:  Any violation of this Article shall be punishable by a fine in accordance with Section 1-4-1 of this Code.
 
CHAPTER 14

HOUSE MOVERS

SECTION:

3-14-1: License Required
3-14-2: License Fee
3-14-3: Bond
3-14-4: Regulations
3-14-5: Inspections
3-14-6: License Revocation
3-14-7: Penalty

3-14-1: LICENSE REQUIRED:  It shall be unlawful to engage in the business of house moving, raising or shoring without first having secured a license therefor.  Applications for such licenses shall be made in writing to the City Clerk. 

3-14-2: LICENSE FEE:  The annual fee for such licenses shall be twenty five dollars ($25.00).

3-14-3: BOND:  Every licensee under the provisions of this Chapter shall file with the City Clerk a bond in the sum of five thousand dollars ($5000.00) with sureties to be approved by the City Council conditioned to indemnify the City for any loss, damage or expense occasioned by it, by any act or failure to act of the licensee, or by any failure to act of the licensee, or by any failure of the licensee to comply with the ordinances of the City relating to the business of moving houses.

3-14-4: REGULATIONS:  Persons licensed under this Chapter must comply with all of the ordinance provisions relating to the work being done, must pay the permit fee required for moving buildings, and must keep lights and warnings maintained as is required by ordinance. 

3-14-5: INSPECTIONS:  It shall be the duty of the Chief of Police to make or cause to be made such inspections as may be necessary to insure compliance with the provisions of this Chapter.

3-14-6: LICENSE REVOCATION:  The license required by the provisions of this Chapter may be revoked by the City if the licensee is convicted of violating any of the provisions of this Chapter.

3-14-7: PENALTY:  Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code.

CHAPTER 15

AUCTIONEERS

SECTION:

3-15-1: License Required; Exemptions
3-15-2: Applications
3-15-3: Investigations of Applicant
3-15-4: Fees
3-15-5: Employees
3-15-6: Penalty

3-15-1: LICENSE REQUIRED; EXEMPTIONS:

A. Required:  It shall be unlawful for any person to conduct an auction in the City or to do business as an auctioneer, whether the goods sold are owned by the auctioneer or not, without having first obtained a license therefor as is herein provided.
 
B. Exemptions:  Nothing in this Chapter shall be held to apply to any public auction or sale made or conducted by a public officer by virtue of any judicial order or process or by virtue of any power or authority contained in a mortgage or trust deed. 

3-15-2: APPLICATIONS:  Applications for auctioneer's licenses or for a single auction shall state thereon the place of business intended to be occupied, if any, or the place of such auction, and such applications shall give the names of any employees, not to exceed two (2), who are to be authorized to conduct auctions under the authority of the license. 

3-15-3: INVESTIGATION OF APPLICANT:  No such license shall be issued to any but a person of good character; the Chief of Police shall investigate the character of each applicant before the license shall be issued.

3-15-4: FEES:  The fees for auctioneer's licenses shall be ten dollars ($10.00) per day or fifty dollars ($50.00) per year.

3-15-5: EMPLOYEES:  Every person licensed as an auctioneer may designate not to exceed two (2) employees who may be authorized by him to conduct auctions.  The employer shall be liable for any violation of the City ordinances committed by such employee in conducting an auction.

3-15-6: PENALTY:  Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code.  
 
CHAPTER 16

RAFFLES

SECTION:

3-16- 1: Purpose and Short Title
3-16- 2: Construction of Chapter
3-16- 3: Definitions
3-16- 4: License Requirements
3-16- 5: Application for License
3-16- 6: License Qualifications
3-16- 7: License Issuance
3-16- 8: Fee
3-16- 9: Conduct of Raffles
3-16-10:  Raffles Manager
3-16-11: Records
3-16-12: Prize Limitations
3-16-13: Chance Limitations
3-16-14: Penalty; License Revocation

3-16-1: PURPOSE AND SHORT TITLE:

A. Purpose:  The purpose of this Chapter is to regulate and control the conduct of raffles within the City.

B. Short Title:  This Chapter shall be known as the RAFFLE ORDINANCE OF THE CITY OF PEKIN, ILLINOIS, and may be so cited and pleaded and shall be referred to herein as "this Chapter".

3-16-2: CONSTRUCTION OF CHAPTER:  In the construction of this Chapter, the definitions hereunder shall be observed and applied, except when the context clearly indicates otherwise:

A. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number and plural number shall include the singular number.

B. The word "shall" is mandatory and not discretionary.

C. The word "may" is permissive or discretionary.

D. Words not defined shall be interpreted in accordance with the definitions contained in Webster's New Collegiate Dictionary (1973 edition).

3-16-3: DEFINITIONS:  For the purposes of this Chapter, the words and phrases listed hereunder have the meanings designated herein, except when a particular context clearly requires a different meaning:

BUSINESS ORGANIZATION means a voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of a community.

CHARITABLE ORGANIZATION:  An organization or institution organized and operated to benefit an indefinite number of the public.  The service rendered to those eligible for benefits must also confer some benefit upon the public.

CITY:  The City of Pekin, Illinois.

CITY CLERK:  The City Clerk of the City of Pekin, Illinois.

CITY COUNCIL:  The City Council of the City of Pekin, Illinois.

EDUCATIONAL ORGANIZATION:  An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools.

FRATERNAL ORGANIZATION:  An organization of persons having a common interest, the primary interest of which to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those who otherwise would be cared for by that  government.

LABOR ORGANIZATION:  An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.

LICENSEE:  An organization which has been issued a license to operate a raffle.

NET PROCEEDS:  The gross receipts from the conduct of raffles, less sums expended for prizes, local license fees, and other reasonable operating expenses incurred as a result of operating a raffle.

PERSON:  An individual, firm, organization, public or private corporation, government, partnership, or unincorporated association.

RAFFLE:  A form of lottery, as defined in Chapter 38, Section 28-2(b) of the Criminal Code, as amended from time to time, conducted by an organization licensed under this Chapter in which.

A. The player pays or agrees to pay something of value for the chance represented and differentiated by a number or by a combination of numbers or by some other means, one or more of which chances is to be designated the winning chance; and

B. The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibit sporting contest.

RELIGIOUS ORGANIZATION:  Any church, congregation, society or organization founded for the purpose of religious worship.

VETERANS ORGANIZATION:  An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.

YOUTH ATHLETIC ORGANIZATION means an organization having as its exclusive purpose the promotion and provision of athletic activities for youth aged 18 and under.

3-16-4: LICENSE REQUIREMENTS:

A. License Required:  It shall be unlawful to conduct or operate a raffle or to sell, offer for sale, convey, issue or otherwise transfer for value a chance on a raffle unless said raffle has been licensed in accordance herewith.

B. Conditions for Licensing:  A license may be requested for one raffle or for a specified number of raffles, not exceeding twelve (12), to be conducted during the calendar year; provided, that the following shall apply:

1.  The maximum time period during which any raffle shall be conducted shall not exceed one hundred twenty (120) days unless the City Council has specially authorized a longer period of time.

2.  The sale or issuance of raffle chances for any raffle shall not commence until after all prior raffles conducted by the licensee have been concluded.  A raffle is concluded for purposes of this Section when the winning chances have been determined and the gross receipts, expenses and net proceeds for said raffle have been reported in the manner provided in this Chapter.

3-16-5: APPLICATION FOR LICENSE:  Any person seeking a conduct or operate a raffle shall file an application therefor with the City Clerk on forms provided by the City Clerk.  Said application shall contain the following information:

A. The name, address and type of organization;

B. The length of existence of the organization and, if incorporated, the date and state of incorporation;

C. The name, address, telephone number, social security number, and date of birth of the organization's presiding officer, secretary, raffle manager and any other members responsible for the conduct and operation of each raffle;

D. The aggregate retail value of all prizes to be awarded in each raffle;

E. The maximum retail  value of each prize to be awarded in each raffle;

F. The maximum price charged for each raffle chance issued or sold;

G. The area or areas in which raffle chances will be sold or issued;

H. The time period during which each raffle will be conducted by the issuance or sale of raffle chances;

I. The time and location at which winning chances for each raffle will be determined;

J. A sworn statement attesting to the not-for-profit character of applicant organization, signed by its presiding officer and secretary;

K. A certificate signed by the presiding officer of the applicant organization attesting to the fact that the information contained in the application is true and correct.

3-16-6: LICENSE QUALIFICATIONS:    Raffle licenses shall be issued only to bona fide charitable, educational, fraternal, youth athletic, business, labor, religious, and veterans organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years or more immediately before making application for a license and which have had during that entire five (5) year period a bona fide membership engaged in carrying out their objects.  However, the five (5) year requirement shall be reduced to two (2) years as applied to a local organization which is affiliated with and chartered by a national organization which meets the five (5) year requirement.  The following are ineligible for any raffle license:

A. Any person who has been convicted of a felony;

B. Any person who is or has been a professional gambler or gambling promoter;

C. Any person who is not of good moral character;

D. Any organization in which a person defined in subsections A., B., or C., supra, has a propriety, equitable or credit interest, or in which such person is active or employed;

E. Any organization in which a person defined in subsections A., B., or C., supra, is an officer, director of employee, whether compensated or not; and

F. Any organization in which a person defined in subsections A., B., or C., supra, is to participate in the management or operation of a raffle as defined herein.

3-16-7: LICENSE ISSUANCE:   The City Clerk shall review all raffle license applications and shall approve or deny them within fifteen (15) days of the date of application.  If an application is approved, the City Clerk shall forthwith issue a raffle license to the applicant.  A license for one raffle shall specify the date upon which such raffle shall be allowed to commence and a license for more than one raffle shall specify the dates upon which each raffle shall be allowed to commence.

3-16-8: FEE:  A fee in the amount as set forth below shall be paid to the City Clerk when an application for a raffle license is filed.  Said application fees are non-refundable even should the application be rejected by the City Clerk.

A. If a license is requested for one raffle, a fee of ten dollars ($10.00) shall be paid.

B. If a license is requested for two (2) raffles, a fee of twenty dollars ($20.00) shall be paid.

C. If a license is requested for more than two (2) raffles to be conducted during the calendar year, a fee of thirty dollars ($30.00) shall be paid.

3-16-9: CONDUCT OF RAFFLES:  The operation and conduct of raffles are subject to the following restrictions.

A. The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the licensee;

B. No person except a bona fide member of the licensee may participate in the management or operation of the raffle;

C. No person may receive or profit for participating in the management or operation of the raffle;

D. A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this Chapter;

E. Raffle chances may be sold, offered for sale, conveyed, issued or otherwise transferred for value only within the area specified on the license; and the winning chances may be determined only at the location specified on the license;

F. No person under the age of eighteen (18) years may participate in the operation or conduct of raffles.  A person under the age of eighteen (18) years may be within the area where winning chances are being determined only when accompanied by his parent or guardian; and

G. No chance shall be sold, offered for sale, conveyed issued or otherwise transferred for value to any person under the age of eighteen (18) years; however, any person may make a gift of a chance to any person of any age.

3-16-10: RAFFLES MANAGER:  The operation and conduct of a raffle shall be under the supervision of a single raffle manager designated by the licensee.  The manager shall give a fidelity bond equal in amount to the aggregate retail value of all prizes to be awarded in favor of the licensee conditioned upon his honesty in the performance of his duties.  The terms of the bond shall provide that notice shall be given in writing to the City not less than thirty (3) days prior to its cancellation.  The City Clerk may waive this bond requirement by including a waiver provision in the license issued to an organization under this Chapter; provided, that a license containing such waiver provision shall be granted only when requested and approved by the licensed organization, and such request shall be verified under oath by at least two (2) of the officers of the licensed organization.

3-16-11: RECORDS:

A. Each licensee shall keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which winning chances are determined.  All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction and the recipient.  The distribution or net proceeds shall be itemized as to payee, purpose, amount and date of payment.

B. Gross receipts from the operation of raffles shall be segregated from other revenues of the licensee including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license therefor issued by the Department of Revenue of the State of Illinois, and placed in a separate account.  Each licensee shall keep separate records of its raffles.  The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the license.

C. Each licensee shall report, to its membership and to the City, its gross receipts, expenses and net proceeds from each raffle, the distribution of net proceeds itemized as required herein.  If a license is valid for more than thirty (30) days, the report shall be made monthly.

D. Raffle records shall be preserved for three (3) years and organizations shall make available their records relating to the operation of raffles for public inspection at reasonable times and places.

3-16-12:  PRIZE LIMITATIONS:  The aggregate retail value of all prizes awarded in a single raffle shall not exceed twenty five thousand dollars ($25,000.00) and the retail value of any one prize awarded in a single raffle shall not exceed twenty five thousand dollars ($25,000.00).

3-16-13:  CHANCE LIMITATION:  The price which may be charged for each raffle chance sold, offered for sale, conveyed, issued or otherwise transferred for value shall not exceed the following schedule:

Aggregate Retail Value of Prizes     Chance Price

Less than $100.00      $.00
$100.00 or more but less than $500.00    5.00
$500.00 or more but less than $1000.00    10.00
$1000.00 or more but less than $10,000.00   20.00
$10,000.00 or more but less than $20,000.00   50.00
$20,000.00 or more       100.00

3-16-14: PENALTY; LICENSE REVOCATION:

A. Penalty:  Failure to comply with any of the requirements of this Chapter shall constitute a violation and subject the offender thereof to penalty as provided in Section 1-4-1 of this Code. 

B. Suspension or Revocation of License:  The City Clerk may suspend or revoke a license issued under this Ordinance for any violation of this Ordinance by the licensee, including violations related to other licenses issued to a licensee under this Ordinance.  The licensee may appeal the suspension or revocation to the City Clerk within ten (10) days of notice of the suspension or revocation and shall be afforded an opportunity to be heard by the City Clerk within ten (10) days of filing of said appeal.
 
CHAPTER 17

SCRAP DEALERS

SECTION:

3-17-1: License Required
3-17-2: Applications; Fee
3-17-3: Vehicles
3-17-4: Receipt of Stolen Goods
3-17-5: Penalty

3-17-1: LICENSE REQUIRED:  It shall be unlawful to operate or carry on the business of scrap dealer or keep a scrap shop, store or place for the purchase or sale of scrap, rags, old rope, paper or bagging, old iron, brass, copper or empty bottles without having obtained a license therefor as is herein provided.

3-17-2: APPLICATIONS; FEE:

A. Applications:  Applications for such licenses shall be made in conformance with the provisions of the ordinances relating to licenses.  (See Chapter 1 of this Title). 

B. Fee:  The annual fee to be paid for such licenses shall be fifty dollars ($50.00).

3-17-3: VEHICLES:  Each vehicle used by a scrap dealer in the conduct of his business shall bear thereon in legible characters the name and address of the owner and proprietor thereof.

3-17-4: RECEIPT OF STOLEN GOODS:  Every dealer in scrap who shall receive or be in possession of any goods, articles or things which may have been lost or stolen shall, upon demand, produce such article or thing to any member of the Police Department asking to examine the same.

3-17-5: PENALTY:  Any person violating any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. 
 
CHAPTER 18

BED AND BREAKFAST ESTABLISHMENTS

SECTION

3-18-1: Definitions
3-18-2: License Required
3-18-3: Inspection
3-18-4: Register
3-18-5: Penalty

3-18-1: DEFINITIONS:  The following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

CITY:  The City of Pekin, Illinois.

BED AND BREAKFAST ESTABLISHMENT:  An operator occupied residence providing accommodations for a charge to the public with at least four but no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period.  Breakfast may be provided to the guests only.  Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.

OPERATOR:  The owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment.

3-18-2: LICENSE REQUIRED:  No person shall operate a bed and breakfast establishment in the City without first obtaining a license.  Applications for licenses shall be made to the City Clerk, on forms provided by the Clerk.  The initial application fee for said license is $300.00, which shall be non-refundable; in addition the fee for said license is $10.00 per year, which shall be prorated in the initial year.  The annual license fee is due on May 1.  Renewal license application may be made on the same form as the initial application.  The Clerk shall furnish copies of the completed initial application to the City Building Inspector, the City Fire Department and to the County Health Department.  If upon report by the City Building Inspector, the City Fire Department and the County Health Department it appears that the proposed bed and breakfast establishment will comply with all applicable City Ordinances and State laws, the Clerk shall issue a certification and license.

3-18-3: INSPECTION:  The City Building Inspector, the City Fire Department and the County Health Department shall conduct an inspection of any bed and breakfast establishment upon receiving a copy of the completed initial application for a license and shall render a written report to the Clerk; thereafter, inspections may be made at any time. 
3-18-4: REGISTER:  The operator of each bed and breakfast establishment shall keep a register of guests.

3-18-5: PENALTY:  Any operator of a bed and breakfast establishment violating any provision of this Ordinance shall be fined not less than $150.00 nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.