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Business Regulation Certificates
Business Regulation Certificate Application
5-48-1: Title
This Chapter may be cited and referred to as the Business
Regulation Certificate Provisions.
5-48-2: Definitions
The following words and terms wherever they occur in this
Chapter shall be construed as herein defined:
"Accessory Use" is a use customarily incidental and
subordinate to the principal use of a building located on the same
lot with the principal use of the building.
"Basement" is the portion of a building located partly
underground but - - having less than one-half (%) its clear floor
to ceiling height below the average grade of the adjoining around.
"Cellar" is the portion of a building pertly or wholly
underground but having one-half (%) or more than one-half ('r4) of
its clear floor to ceiling height below the average grade of the
adjoining ground.
"Floor Area" is the sum total of the gross horizontal
areas of all of the several floors of a building and its accessory
buildings measured in square feet from the exterior walls or from
the center line of party walls separating two (2) buildings or
establishments on each of the respective floors, and shall include
the basement floor, cellar floor, motor vehicle parking space when
such space is used in conjunction with a drive-in food
establishment and retail and wholesale establishments devoted to
the sale, service or repair of motor vehicles, all outside area
when such area is used in conjunction with filling stations, floor
space used for mechanical equipment, whether open or enclosed,
including such equipment as may be located on the roof, penthouse,
attic space, balconies, mezzanines, porches and verandas and floor
area devoted to and occupied by accessory uses.
"Food Establishment" is a building or premises or a
portion thereof the principal use of which is for the sale or
dispensing or distribution or serving of food, foodstuff or drink
for consumption on or off the premises or in or out of the
building.
"Industrial Establishment" is a building or premises or
a portion thereof, the principal use of which is for manufacturing
including assembly, processing, fabrication and storage or
scientific research and development.
"Owner" is any individual, firm, association,
partnership, corporation, trust or any other legal entity having
sufficient proprietary interest in any establishment to maintain
and manage its operation.
"Person" is any individual, firm, association,
partnership, corporation, trust or any other legal entity.
"Retail and Wholesale Establishment" is a building or
premises or portion thereof, the principal use of which is for the
sale or distribution of any commodity for a price or free by a
seller to a consumer or by one business to another business.
"Service Establishment" is a building or premises or a
portion thereof the principal use of which is for the rendering of
personal or material services for a price or free whether or not a
commodity is worked upon or exchanged.
5-48-3: Application
All food, service, retail and wholesale and industrial
establishments with buildings or premises in the City shall file
with the City Comptroller an application for the regulatory
certificate to operate the food, service, retail and wholesale and
industrial establishment in the City no later than December 31 of
each year or at such time as the establishment desires to commence
operation in the City. Application forms for such documents shall be
made available by the City.
5-48-4: Term of Certificate
Subject to the terms and provisions of this Chapter, the
Comptroller, or such personnel as may be designated by the
Comptroller, shall cause to be issued the certificate subject to
investigations by the Building, Fire, Police and Health Departments,
to permit the operation of the establishment in the city for a
period of one year which shall begin on January 1 of the year for
which such document is issued and shall terminate on December 31 of
the same year. No certificate shall be issued at the yearly rate of
fees except for the full regulatory year; provided, however, that
where such document is issued on or after July 1, the regulatory fee
shall be one-half ('/2) of the yearly fee for the unexpired term of
the regulatory year. (Ord. M-45-74, 12-2-1974)
5-48-5: Fee
The required fee for each certificate issued shall be
collected upon application. In no event shall any rebate or refund
be made of any regulatory fee, or part thereof, by reason of death
or by any reason of nonuse of the certificate or discontinuance of
operation of the establishment. In the event a commercial
establishment moves its place of operation from one location in the
city to another location in the city, a new regulatory certificate
shall be charged for the new location in accordance with the terms
and provisions of this chapter. (Ord. M-45-74, 12-2-1974)
5-48-6: Amount of Fee
Yearly fees for regulatory certificates in the city shall
be as follows (Ord. M-35-01, 6-18-2001):
| Food
Establishments |
Floor
Area in Square Feet |
Current Fee* |
| Step 1 |
0 - 2,500 |
$162.00 |
| Step 2 |
2,501 - 5,000 |
244.00 |
| Step 3 |
5,001 - 7,500 |
322.00 |
| Step 4 |
7,501 - 10,000 |
408.00 |
| Step 5 |
10,001 - 12,500 |
484.00 |
| Step 6 |
12,501 - 15,000 |
561.00 |
| Step 7 |
15,001 - 17,500 |
645.00 |
| Step 8 |
17,501 - 20,000 |
728.00 |
| Step 9 |
20,001 or over |
805.00 |
*Effective July 1, 2001
|
Service Establishments |
Floor
Area In Square Feet |
Current Fee* |
| Step 1 |
0 - 2,500 |
$56.00 |
| Step 2 |
2,501 - 5,000 |
112.00 |
| Step 3 |
5,001 - 7,500 |
168.00 |
| Step 4 |
7,501 - 10,000 |
225.00 |
| Step 5 |
10,001 - 12,500 |
280.00 |
| Step 6 |
12,501 - 15,000 |
336.00 |
| Step 7 |
15,001 - 17,500 |
393.00 |
| Step 8 |
17,501 - 20,000 |
448.00 |
| Step 9 |
20,001 or over |
505.00 |
*Effective July 1, 2001
|
Wholesale Establishments |
Floor
Area in Square Feet |
Current Fee* |
| Step 1 |
0 - 2,500 |
$85.00 |
| Step 2 |
2,501 - 5,000 |
162.00 |
| Step 3 |
5,001 - 7,500 |
246.00 |
| Step 4 |
7,501 - 10,000 |
322.00 |
| Step 5 |
10,001 - 12,500 |
408.00 |
| Step 6 |
12,501 - 15,000 |
484.00 |
| Step 7 |
15,001 - 17,500 |
561.00 |
| Step 8 |
17,501 - 20,000 |
645.00 |
| Step 9 |
20,001 or over |
729.00 |
| Self-service gas stations |
|
162.00 |
*Effective July 1, 2001
|
Industrial Establishments |
Floor
Area in Square Feet |
Current Fee* |
| Step 1 |
0 - 10,000 |
$127.00 |
| Step 2 |
10,001 - 20,000 |
246.00 |
| Step 3 |
20,001 - 30,000 |
365.00 |
| Step 4 |
30,001 - 40,000 |
484.00 |
| Step 5 |
40,001 - 50,000 |
603.00 |
| Step 6 |
50,001 - 75,000 |
729.00 |
| Step 7 |
75,001 - 100,000 |
841.00 |
| Step 8 |
100,001 - 200,000 |
981.00 |
| Step 9 |
200,001 or over |
1,086.00 |
*Effective July 1, 2001
5-48-7: Computation
Total floor area applicable for the determination of the
yearly regulatory fee shall include the sum total of all the floor
area in use or reserved for or retained for the use of the food,
service, retail and wholesale or industrial establishment,
including, but not restricted to, principal and accessory floor
area, cellars and basements, storage or detached accessory
buildings, even though any such floor area may be temporarily vacant
or not in use.
All measured area expressed in square feet shall be to the
nearest integral square foot; if a fraction is one-half (1/2) square
foot or more, the integral square foot next above shall be taken. (Ord.
M-45-74, 12-2-1974)
5-48-8: Records and Certificate
The Director of Finance and Administrative Services shall
cause to be maintained a record of all establishments and regulatory
documents which may from time to time be deemed necessary for the
purpose of classifying, inspecting, serving and regulating all
establishments in the City. Subject to the terms and provisions of
the Chapter, upon payment in full of the required document fee to
the City, the City shall issue a certificate or similar evidence of
regulation which shall be displayed by the owner of the
establishment in a conspicuous place. Such evidence of regulation
shall bear the signature of the Mayor and City Clerk. (Ord. M-45-74,
12-2-1974; amd. Ord. M-24-93, 6-71993)
5-48-9: Conditions
No certificate for the operation of an establishment in
the City shall be issued if one or more of the following conditions
are determined by the Director of Finance and Administrative
Services to exist: (Ord. M-45-74, 12-2-1974; amd. Ord. M-24-93,
6-7-1993)
The building or premises of the establishment does not comply
with the provisions and terms of the building code, Zoning
Ordinance, fire regulations, health regulations or with all
ordinances and regulations of the City.
The building or premises of the establishment are in a
condition of being unsanitary or unsafe so as to endanger the
public safety, health, or welfare.
The owner of the establishment or such legal entity comprising
the establishment is indebted to the City. (Ord. M-45-74,
12-2-1974)
5-48-10: Site
There shall be a business certificate for each place of
business or location. For the purposes of this Chapter, a "place of
business" shall be defined as a building or series of connected
buildings on one lot or parcel of ground, and be operated or owned
by the same person and conducting the same general business
activity. Where two (2) or more separate businesses, separately
owned or operated, share floor space in the same building or on the
same parcel of ground and the floor space is subdivided between the
separate businesses, then each shall be deemed a separate business
and shall be required to obtain a separate business certificate
based on the floor area each separately uses. (Ord. M-45-74,
12-2-1974)
5-48-11: Exclusions and Reductions
The terms and provisions of this Chapter shall not be
made applicable to any activity carried on or operated by a
governmental institution and the fee established in Section 5-48-6
of this Chapter shall be reduced by one-half (1/2) for any
not-for-profit institution or organization. (Ord. M-45-74,
12-2-1974)
5-48-12: Administration and
Enforcement
It shall be the duty of the Director of Finance and
Administrative Services to administer and enforce the terms and
provisions of this Chapter and to make or cause to be made such
inspections of buildings or premises as may be necessary to
accomplish such administration or enforcement. Landlords of
commercial buildings in Des Plaines are required to provide to the
Director of Finance and Administrative Services, upon request, a
list of business tenants, indicating address, office suite, and
phone number. (Ord. M-3-00, 3-6-2000)
5-48-13: Regulation Certificate
Required; Penalty
It shall be unlawful for any person, firm, or corporation
to engage in the business of a food, service, retail and wholesale
or industrial establishment as herein enumerated, without having
first obtained a certificate therefore.
Any person, firm, or corporation violating any provision of this
Chapter shall be fined an amount not less than twenty five dollars
($25.00) nor more than two hundred dollars ($200.00), for each
offense; and a separate offense shall be deemed committed on each
day during which a violation occurs or continues. (Ord. M-45-74,
12-2-1974)
5-48-14: Conflict
All ordinances or parts of ordinances in conflict with
any of the terms or provisions of this are hereby repealed. All
ordinances or parts of ordinances in respect of the regulating of
activities not described or defined herein shall remain in full
force and effect. (Ord. M-45-74, 12-2-1974)
5: Invalidity
If any section, subsection, sentence, clause, phrase, or
portion hereof is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall deemed a
separate, district, and independent provision; and such holding got
affect the validity of the remaining portion thereof. (Ord. M-45-74,
1974)
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