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Chapter 22 - Business Regulations
Division 11 - Business Registration

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SEC. 22.11-1 DEFINITIONS.

  1. Business is meant to include all kinds of vocations, occupations, enterprises, establishments and other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly on any premise in this city, including not-for-profit businesses charging for any service products. Business shall not include:
     
    1. Occasional sales provided such sales occur no more than twelve (12) days per calendar year.
       
    2. Delivery of newspapers to residential dwelling units.
       
    3. Residential solicitation provided the solicitor is registered pursuant to Division 4 of this Chapter.
       
    4. De minimis commercial transactions of less than $500 per year.
       
  2. Premise is meant to include all lands, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
     
  3. Person is meant to include individual, natural persons, partnership, joint adventurers, societies, associations, clubs, trustees, trusts or corporations or any officers, agents, employees, or any kind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person under either personal appointment or pursuant to law.

SEC. 22.11-2 COMPLIANCE. It shall be unlawful for any person, either directly or indirectly to conduct any business or to use in connection therewith, any vehicle, premise, machine or device in whole or in part, without first obtaining a license with the Town of Normal. For the purpose of this ordinance, any person shall be deemed to be in business and thus subject to the requirements of this Section when any one act of the following is done:

  1. Selling any goods or service.
     
  2. Soliciting business or offering goods or services for sale or hire.
     
  3. Acquiring or using any vehicle or any premises in the city for business purposes.

SEC. 22.11-3 AGENTS RESPONSIBLE. The agents or other representatives of non-residents who are doing business in this city, shall be personally responsible for the compliance of their principals and of the businesses they represent with this ordinance.

SEC. 22.11-4 INFORMATION CONFIDENTIAL. All information supplied the Town under this ordinance other than that supplied pursuant to SEC. 22.11-5(A), shall be kept in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to authorized Town personnel.

SEC. 22.11-5 APPLICATION. Every person subject to this ordinance shall submit a business application form to the Town Clerk. The business application form shall provide the following information:

  1. General information, business name, corporation name, business address, business phone number, name, address and telephone number of persons to contact in case of emergency.
     
  2. Security information regarding the presence of any burglar alarm systems, night watchmen or private security guards, security guard dogs, and a schedule of normal business hours.
     
  3. Fire safety information regarding the presence of any fire alarm, the presence of any roof entry point, the presence of any smoke detection system, the presence of any stand pipe, the presence of any sprinkler system.
     
  4. Business use information. A notation of the type of business. Sales tax number or tax identification number.

SEC. 22.11-6 ISSUANCE OF LICENSE. The Town Clerk shall issue a Business License to the applicant upon satisfaction of the following conditions:

  1. Submission of a completed Application.
     
  2. Payment of all debts owed the Town of Normal unless other payment arrangements have been made with the City Manager.
     
  3. Payment of all taxes due the Town of Normal.

SEC. 22.11-7 RENEWAL. Annually, on or before January 10 of each year, each person, subject to this ordinance, shall file a business license renewal form with the Town Clerk. Such form shall supply any changes in information supplied by the initial registration form. Such License shall be renewed provided the conditions of SEC. 22.11-6 have been met.

SEC. 22.11-8 FORMS: The City Clerk is authorized to create license application and renewal forms containing the required information by this Division.

SEC. 22.11-9 GROUNDS FOR SUSPENSION OR REVOCATION OF A BUSINESS LICENSE: The City Manager, or his designee, may after notice and hearing suspend or revoke a business license for any of the following reasons:

  1. The Licensee has violated any state or federal laws or violated any Town ordinance regulating or relating to the conduct of the business.
     
  2. The willful making of any false statement as to a material fact in the license application or renewal.
     
  3. The permitting of any violation of state law or Town ordinance by any person upon the licensed premises.
     
  4. Failure to use and maintain the licensed premises in compliance with all applicable laws, Town codes, McLean County health ordinances, and all regulations and lawful orders of such regulatory bodies.
     
  5. Suspension or revocation of the license of the licensee by a state governing body.
     
  6. Suspension or revocation of the legal status of the licensee, such as, but not limited to, suspension or revocation by the Secretary of State of the right to transact business in Illinois.
     
  7. Failure to pay any fee or tax due to the Town of Normal.

The City Manager is authorized to promulgate rules governing the notice and hearing process.

SEC. 22.11-10 REINSTATEMENT FOLLOWING REVOCATION: The City Manager may reinstate a business license upon:

  1. Filing of an application for reinstatement with the Town Clerk.
     
  2. The payment of all fees, taxes, and penalties then due to the Town of Normal.
     
  3. The application for reinstatement shall be on forms developed by the Town Clerk and shall contain the information required on the original business license application plus the date and circumstances of the prior license revocation.
     
  4. Remediation of the cause, event, or condition which caused the revocation of the license.

SEC. 22.11-11 INJUNCTIVE RELIEF: In case of a violation of this Division, the Town may cause to be instituted an appropriate proceeding at law or in the equity to obtain penalties or to restrain, correct or abate such violation, including, but not limited to, the closure of any business which is not in compliance with this Division.

SEC. 22.11-12 PENALTY. Any person operating a business within the Town of Normal without first registering with the Town of Normal as provided herein, shall, upon conviction for violation of this ordinance, be fined a sum not less than $50.00 and not more than $500.00. Each day of business operation without registration with the Town, shall constitute a separate offense.

(ENTIRE DIVISION 11 OF CHAPTER 22 ADDED BY ORD. NO. 3274 – 2/6/84)
(ENTIRE DIVISION 11 OF CHAPTER 22 AMENDED 10/16/06 BY ORD. NO. 5096)