Plano City Zoning Code

TITLE 3

BUSINESS AND LICENSE REGULATIONS

CHAPTER 12 RESERVED

(Ord. 2015-12, 4-13-2015)

3-1-1: MUNICIPAL RETAILERS' OCCUPATION TAX:

A. Tax Imposed: A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property at retail in this City at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business while this Section is in effect, in accordance with the provisions of 65 Illinois Compiled Statutes 5/8-11-1.

B. Receipt Required: Every such person engaged in such business in the City shall file on or before the fifteenth day of each calendar month, the report to the State Department of Revenue required by section three (3) of "An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use or Consumption" approved June 28, 1933, as amended .

C. Payment Of Tax: At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the receipts from sales of tangible personal property during the preceding month.

(Ord. 1955-10; 1989 Code)

3-1-2: MUNICIPAL GROCERY RETAILERS’ OCCUPATION TAX AND A MUNICIPAL GROCERY SERVICE OCCUPATIONAL TAX:

A. Municipal Grocery Retailers' Occupation Tax Imposed. A tax is hereby imposed upon all persons engaged in the business of selling groceries at retail in this municipality at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business while this section is in effect. The imposition of this tax is in accordance with and subject to the provisions of section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24).

B. Municipal Grocery Service Occupation Tax. A tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries as an incident to a sale of service. The rate of this tax shall be the same rate identified in section A, above. The imposition of this tax is in accordance with and subject to the provisions of section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24).

C. Illinois Department Of Revenue To Administer Both Taxes. 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 Illinois Department of Revenue shall have full power to administer and enforce the provisions of this section.

(Ord. 2025-13, 8-25-2025)

3-2-1: DEFINITIONS:

Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:

ALCOHOLIC LIQUOR: Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.

CLUB: See definition of "club" in subsection 3-2-6-4B of this chapter.

COMMUNITY EVENT: A fair, fete, carnival, corn boil, or similar public gathering sponsored by a government, or not for profit entity with home offices in Plano.

HOTEL (FULL SERVICE): Any building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed, and sleeping accommodations are offered for adequate pay to travelers and guests, in which twenty four (24) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity. Each sleeping room shall have an individually accessible, private full bathroom.

HOTEL (LIMITED SERVICE): Any building or other structure that meets all the requirements of the definition of "hotel (full service)" other than having a dining room or kitchen on the premises.

LICENSED PREMISES: Any building, portion of a building and secured enclosed area used by the licensee in the operation of said licensed premises.

ORIGINAL PACKAGE: Any container whatsoever used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor.

RESTAURANT OR RESTAURANT BUSINESS: Any business used, kept, maintained, advertised and held out to the public primarily as a place where meals are served, and where meals are actually and regularly served, 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.

RETAIL SALES: The sale for use or consumption and not for resale. (Ord. 2013-22, 10-28-2013)

3-2-2: LOCAL LIQUOR CONTROL COMMISSIONER:

A. Local Liquor Control Commissioner: The mayor shall be the local liquor control commissioner of the city. The commissioner may appoint, with the advice and consent of the city council, a person or persons to assist him/her in the exercise of the powers and the performance of the duties herein provided for such local liquor control commissioner.

When in this chapter the local liquor control commissioner shall be referred to, it shall include any committee or other agency appointed by the commissioner.

B. Duties Of Commissioner: Subject to any restrictions imposed by the Illinois liquor control act , the local liquor control commissioner shall have the following powers, functions, and duties with respect to licenses and licensees in the city:

1. To grant and revoke for cause all local licenses issued to persons for premises within the jurisdiction of the commissioner.

2. To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of the state law relating to alcoholic liquor or any rules or regulations adopted pursuant thereto or any of the provisions of this chapter have been or are being violated and to act upon such complaints in the manner hereinafter provided.

3. To receive local license fees and pay the same forthwith to the city clerk.

4. The commissioner shall have the right to examine or cause to be examined under oath, any applicant for a local license or renewal thereof, or any licensee upon whom notice of revocation has been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any such applicant or licensee; to hear testimony and take proof of information in any manner from the applicant or licensee, pertaining to any part of his/her performance of his/her duties, and for any such purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining information as allowed under this section, the local liquor control commissioner may authorize his/her agent to act on his/her behalf.

5. The commissioner shall keep or cause to be kept a complete record of all such licenses issued by him/her, and shall furnish the clerk, treasurer and chief of police with copies thereof. Upon issuance of any new license or the revocation of an old license, he/she shall give written notice of such action to each of these officers within forty eight (48) hours of such action.

6. The commissioner may without notice or hearing, close an establishment upon the issuance of a written order in the event the public peace or welfare of the community is likely to be threatened or endangered by the keeping open of the establishment in accordance with the Illinois liquor control act. The chief of police shall also be given the power to close a premises if the premises constitutes a crime scene and such closing could prevent the loss or destruction of evidence and facilitate a police investigation or if the premises was the scene of a violent disturbance involving injury or threat to citizens. The chief of police will document such closing and the reasons therefor and submit a written report to the commissioner.

7. To exercise such other powers as are granted to him/her under the Illinois liquor control act. (Ord. 2013-22, 10-28-2013)

3-2-3: LICENSE REQUIRED; COMPLIANCE WITH PROVISIONS; BYOB PROHIBITED:

A. It shall be unlawful to sell or offer for sale at retail in the city any alcoholic liquor without having a retail liquor dealer's license, or in violation of the terms of such license.

B. No person shall allow alcoholic liquor to be brought into and/or consumed on the premises of a business open to the public without having a liquor license specifically allowing alcoholic liquor to be brought into and/or consumed on such premises; provided, however, nothing contained in this subsection shall prevent the possession and transportation of alcoholic liquor for the lawful, noncommercial use of the possessor, and his family and guests within the possessor's own property. (Ord. 2013-22, 10-28-2013)

3-2-4: APPLICATION FOR LICENSE:

A. Definition: For purposes of this chapter, "applicant" shall mean and include in the case of an individual, the individual; in the case of a copartnership, the persons entitled to share in the profits thereof; in the case of a corporation, officers and directors, and shareholders with a five percent (5%) or more interest; and in the case of a limited liability company, each member holding a five percent (5%) or more interest in the limited liability company and each manager thereof.

B. License Application: Applications for such licenses shall be made to the local liquor control commissioner, on forms to be provided by the city clerk signed by the applicant, if an individual, or by a duly authorized agent thereof, if a club or corporation or limited liability company, verified by oath or affidavit and shall contain the following statements and information. (Ord. 2013-22, 10-28-2013)

C. Processing Fee: All applicants for a new liquor license shall be subject to and shall pay a nonrefundable two hundred fifty dollar ($250.00) processing fee per business, plus a forty dollar ($40.00) live scan fee for each individual owner of a sole proprietorship, and the individual making application on behalf of a partnership, corporation, or limited liability company. (Ord. 2017-5, 1-23-2017)

D. Statements And Information Required:

1. The name and address of the applicant in the case of an individual; in the case of a copartnership, the names and addresses of the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which organized, the names and addresses of the officers and directors, and shareholders with a five percent (5%) or more interest; and in the case of a limited liability company, the names and address of its manager(s) and the names and addresses of each member holding a five percent (5%) or more interest in the limited liability company. In each case, there shall also be provided the driver's license number and social security number of each individual named in the application.

2. A statement that if a copartnership, all members of the copartnership shall be qualified to obtain a license.

3. A statement that if a corporation, or limited liability company, all officers and directors and shareholders, and all managers and members with a five percent (5%) or more interest are eligible to receive a license hereunder for every reason other than residence. If a shareholder or member is also a corporation or limited liability company, the same information shall be provided as to all shareholders, members and managers of the owning entity.

4. The citizenship of the applicant, each officer or director of a corporate applicant and member or manager of a limited liability company, and their respective dates of birth, and if a naturalized citizen, the time and place of such naturalization.

5. A description of and the character of the business of the applicant.

6. The length of time said applicant has been in business of this character, or in the case of a corporation, the date when its charter was issued, or in the case of a limited liability company the date of filing/issuance of its articles of organization, together with evidence of authority to transact business in the state of Illinois and a certificate of good standing.

7. A statement that the applicant does beneficially own the premises for which a license is sought, or does have a written lease thereon for the full period for which the license is to be issued, accompanied by a copy of the lease.

8. A statement that the applicant is not a law enforcing public official, mayor or alderman of the city, and that no such official has any interest in any way, either directly or indirectly, in the sale, manufacturing or distribution of alcoholic liquor, or in the business of the applicant.

9. A statement that the applicant has not been convicted of being the keeper or is keeping a house of ill fame and has not been convicted of pandering or other crime or misdemeanor opposed to decency or morality.

10. A statement that if the business is conducted by a manager or agent, said manager or agent possesses the same qualifications required of the licensee.

11. A statement that the business premises are not within one hundred feet (100') of any church, school, hospital, home for the aged or indigent person or for veterans, their wives or children.

12. A statement that a majority of the customers are not or will not be minors and that the principal business does not consist of selling school books, supplies, food, lunches or drinks for such minors.

13. The location and description of the premises or place of business, which is to be operated under such license.

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

15. 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, the laws of this state or any other state, or the ordinances of this city.

16. A statement whether a previous license by any state or subdivision thereof, or by the federal government has been revoked, and the reasons therefor.

17. A statement that the applicant will not violate any of the laws of the state of Illinois or any other state, or of the United States, or any ordinance of the city in the conduct of his/its place of business.

E. Background Checks: All applicants for a liquor license shall be subject to background checks to be conducted by the city police department.

F. Incomplete Applications:

1. Application for licenses, which are incomplete, inaccurate or fail to contain the statements or information required by this chapter, shall be rejected. The commissioner shall issue a written rejection of such application setting forth the deficiency in said application within sixty (60) days of its receipt by the city clerk. Prior to such rejection, the applicant may submit the additional information or statements required to complete such application.

2. Administrative or legal expenses incurred in reviewing incomplete or inaccurate liquor applications, advising the applicant of such deficiencies and rejecting such applications shall be paid by the applicant. A bill or invoice shall be submitted to the applicant specifying the additional administrative or legal expenses incurred in processing the applicant's incomplete liquor application, which shall be paid by the applicant together with the annual license fee prior to the issuance of such license. (Ord. 2013-22, 10-28-2013)

3-2-5: RESTRICTIONS ON ISSUANCE OF LICENSE:

No such license shall be issued to:

A. A person who is not a resident of the city or a corporation or a limited liability company.

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

C. A person who has been convicted of a felony under any federal or state law, unless the Illinois liquor control commission and local liquor control commissioner determines that such person will not be impaired by the conviction in engaging in the licensed practice after considering the matter set forth in such person's application and the Illinois liquor control commission and local liquor control commissioner investigation.

D. A person who has been convicted of being the keeper or is keeping a house of ill fame.

E. A person who has been convicted of pandering.

F. A person whose license under this chapter 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 copartnership, unless all of the members of such copartnership shall be qualified to obtain a license, including residency.

I. A corporation or limited liability company, if any officer, director or any shareholder having a five percent (5%) or more interest, or any member having a five percent (5%) or more interest therein would not be eligible to receive a license hereunder for any reason other than residence.

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

K. 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 who shall have forfeited his/her bond to appear in court to answer charges for any such violation.

L. A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is issued.

M. Any law enforcing public official, mayor or alderman of the city and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor.

N. Any person not eligible for a state retail liquor dealer's license.

(Ord. 2013-22, 10-28-2013; amd. Ord. 2025-15, 9-8-2025)

3-2-6: LOCATION/ZONING REQUIREMENTS, CLASSIFICATION OF LICENSES, AND REGULATIONS AND REQUIREMENTS:

Liquor licenses shall be issued only for premises located in zoning districts which allow, either as a permitted use or a special use, the sale or consumption of alcoholic liquors. This restriction shall not, however, apply to class H licenses.

Retail licenses to sell alcoholic liquors shall be of the following kinds and classes. (Ord. 2013-22, 10-28-2013)

3-2-6-1: CLASS A LICENSE:

A. Description: Class A licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on or off the premises.

B. License Fee And Number Issued: The annual license fee for such license shall be as set forth in this chapter, and the number of class A licenses issued and in effect at any given time shall be as specified in this chapter.

C. Facilities And Premises:

1. The holder of a class A license must have available the necessary facilities and equipment for dispensing liquor on the premises.

2. In the event a class A license shall be granted to a person conducting another business on the same premises, the area designated for sale of alcoholic liquors shall be completely enclosed and separated from all other operations being conducted on the premises; provided, however, that this prohibition shall not be deemed to prohibit the sale and distribution of alcoholic liquors throughout the premises used for restaurant purposes. (Ord. 2013-22, 10-28-2013)

3-2-6-2: CLASS B LICENSE:

A. Description: Class B licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors in original packages only, not for consumption on the premises where sold.

B. License Fee And Number Issued: The annual license fee for class B licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

C. Premises: In the event a class B license shall be granted to a person conducting another business on the same premises, the area designated for sale of alcoholic liquors shall be completely enclosed and separated from all other operations being conducted on the premises.

D. Product Sampling: Product sampling shall be permitted by a class B licensee. All such product sampling shall be in strict compliance with the provisions of sections 6-31 and 6-28 of the Illinois liquor control act, the terms and provisions of which are incorporated herein by reference, as though fully set forth herein verbatim. Class B licensees shall acquaint themselves with the terms and provisions of sections 6-31 and 6-28 of the Illinois Liquor Control Act before conducting any product sampling. (Ord. 2013-22, 10-28-2013)

E. Product Sampling Prohibited With Video Gaming Permit: The holder of a Class B license may offer for sale and serve more than one drink per consumer per day for sampling purposes without violating section 6-28 or section 6-31 of the Illinois Liquor Control Act of 1934 (the "Act"), provided that the total quantity of the sampling package, regardless of the number of containers in which the alcoholic liquor is being served, does not exceed one ounce of distilled spirits, four (4) ounces of wine, or sixteen (16) ounces of beer to a consumer in one day. Class B licensees shall acquaint themselves with the terms and conditions of sections 6-28 and 6-31 of the Act. Any attempt to authorize or permit video gaming on the premises shall void and prohibit product sampling as permitted under this subsection. (Ord. 2019-7, 3-25-2019)

3-2-6-3: CLASS B-1 LICENSE:

A. Description: Class B-1 licenses shall authorize the licensee to sell at retail beer and wine only, in original packages only, not for consumption on the premises where sold.

B. License Fee And Number Issued: The annual license fee for such license shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

C. Premises: In the event a Class B-1 license shall be issued to a person, firm or corporation conducting another business on the same premises, the area designated for sale of beer and wine shall be, to the extent possible, enclosed and separated from other operations being conducted on the premises.

D. Drive-Up Facility: From and after the effective date hereof, no "drive-up" facility whereby packaged liquors are delivered to patrons or customers from the inside of the licensed premises to the outside of the licensed premises through any window or "drive-up" facility shall be permitted. (Ord. 2013-22, 10-28-2013)

3-2-6-4: CLASS B-2 LICENSE:

A. Description: Class B-2 licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors in original packages only, not for consumption on the premises where sold.

B. License Fee and Number Issued: The annual license fee for Class 8-2 licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

C. Premises: A Class B-2 license may be granted to a person operating a gasoline service station, provided the business also sells convenience snacks, foods and non-alcoholic beverages. The area designated for sale of beer and wine shall be, to the extent possible, enclosed and separated from other operations being conducted on the premises. Liquor must be kept behind the sale counter, and may not be accessed directly by the customer at any time. (Ord. 2023-15, 8-14-2023)

3-2-6-5: CLASS C LICENSE:

A. Description: Class C licenses, to be generally known as club licenses, shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on the premises specified in the license.

B. Definition Of Club, Application Requirements: For the purpose of qualifying for a Class C or club license, the "club" shall be defined as follows: a 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 annual dues, and owning or leasing a building or space therein 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; provided, that such club file with the Mayor at the time of its application for a license under this chapter, two (2) copies of a list of names and residences of its members; 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 liquors to the club or the members of the club, or its guests introduced by the 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.

Each club, at the time of making application for a license, will attach thereto a statement signed by each of the governing board that he has read and is familiar with the City ordinances governing the sale of alcoholic beverages.

C. License Fee And Number Issued: The annual license fee for Class C licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

D. Liquor Sales Regulations:

1. Each club shall have a duly elected governing body of the club and such governing body shall have complete charge of all sales of liquor on the premises and under the license granted.

2. The sale or serving of alcoholic liquors shall be confined solely to the club members and their bona fide guests.

E. Conduct Of Licensee: No club shall permit any rowdyism, brawl or disturbances in or around their premises affecting the peace and quiet of their immediate neighborhood. (Ord. 2013-22, 10-28-2013)

3-2-6-6: CLASS D LICENSE:

A. Description: Class D licenses shall authorize the licensee to sell at retail draft beer only, for consumption on the premises where sold.

B. License Fee And Number Issued: The annual license fee for Class D licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

C. Condition Of License, Restaurant As Permanent Business: The holder of a class D license shall operate and maintain a restaurant for the retail sale of food as the primary business on the same premises. (Ord. 2013-22, 10-28-2013)

3-2-6-7: CLASS E LICENSE:

A. Description, Use Restricted: Class E licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on the licensed premises; provided that the issuance of class E licenses shall be restricted to establishments which are primarily engaged in the restaurant business. It shall be the duty of the commissioner to determine whether an applicant is qualified for the issuance of a class E license if any question or issue is raised as to the primary use of the business establishment.

B. License Fee: The annual license fee for such license shall be as set forth in this chapter. The number of licenses authorized to be issued and in effect at any given time shall be as set forth in this chapter.

C. Condition Of License, Restaurant Facilities Required: The holder of a class E license must have available on the premises, the necessary facilities for the preparation and dispensing of food and related items incidental to a restaurant business. (Ord. 2013-22, 10-28-2013)

3-2-6-8: CLASS E-1 LICENSE:

A. Description, Use Restricted: Class E-1 licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on the licensed premises, and shall authorize the licensee to sell at retail beer and wine only, for consumption off the licensed premises; provided, that the issuance of a class E-1 license shall be restricted to establishments which are primarily engaged in the restaurant business. It shall be the duty of the commissioner to determine whether an applicant qualifies for the issuance of a class E-1 license if any question or issue is raised as to the primary use of the business establishment.

B. License Fee And Number Issued: The annual license fee for class E-1 licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

C. Conditions Of License, Liquor And Restaurant Facilities Required: The holder of a class E-1 license must have available on the premises, the necessary facilities and equipment for the dispensing of alcoholic liquors, and shall have available on the premises, the necessary facilities for the preparation and dispensing of food and related items incident to a restaurant business. Furthermore, the holder of a class E-1 license must have available on the premises and use at all times, the necessary facilities and equipment for the storage of beer and wine for sale at retail for consumption off the premises, which facilities, by reason of their location and accessibility within the licensed premises, shall be accessible to the licensee and employees of the licensee for dispensing to the public and not available, generally, to the public from storage containers or coolers which are accessible by the public. (Ord. 2013-22, 10-28-2013)

3-2-6-9: CLASS F LICENSE:

A. Description, Use Restricted: Class F licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on the premises specified in the license; provided, that the issuance of a class F license shall be restricted to establishments which are primarily engaged in the entertainment business. It shall be the duty of the commissioner to determine whether an applicant qualifies for the issuance of a class F license if any question or issue is raised as to the primary use of the business establishment.

B. License Fee And Number Issued: The annual license fee for class F licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter.

C. Conditions Of License: Notwithstanding anything otherwise contained in this chapter, the issuance of class F licenses shall be limited to business establishments which are a showplace for live entertainment. Alcoholic liquors shall be sold for consumption on the premises only, and shall be sold only incidental to live entertainment programs both before, during and after such programs, and shall be limited to the following hours: seven o'clock (7:00) P.M. and one o'clock (1:00) A.M. on any day of the week. In no event shall alcoholic liquors be sold or dispensed on the premises when the premises are being used for the entertainment of children or for religious programs. (Ord. 2013-22, 10-28-2013)

3-2-6-10: CLASS G LICENSE:

A. Description, Use Restricted: Class G licenses shall authorize the licensee to sell at retail beer and wine only, for consumption on the premises specified in the license; provided, that the issuance of a class G license shall be restricted to establishments which are primarily engaged in the restaurant business; and, provided further, that the dispensing of beer and wine within the premises shall be from a service bar only. It shall be the duty of the commissioner to determine whether an applicant qualifies for the issuance of a class G license if any question or issue is raised as to the primary use of the business establishment.

B. License Fee: The annual license fee for class G licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter. (Ord. 2013-22, 10-28-2013)

3-2-6-11: CLASS G-1 LICENSE:

A. Description, Use Restricted: Class G-1 licenses shall authorize the licensee to sell at retail beer and wine, only, for consumption on the premises specified in the license; provided, that the issuance of a class G-1 license shall be restricted to establishments which offer food, such as sandwiches, snacks, and light meals, for consumption on the premises in conjunction with video gaming as authorized by and licensed under the Illinois video gaming act and licensed by the city.

No person(s) under the age of twenty one (21) years shall be permitted to be or remain on the premises.

It shall be the duty of the commissioner to determine whether an applicant qualifies for the issuance of a class G-1 license if any question or issue is raised as to the use of the business establishment.

B. License Fee: The annual license fee for class G-1 licenses shall be as set forth in this chapter and the number of licenses issued and in effect at any given time shall be as specified in this chapter. (Ord. 2013-22, 10-28-2013)

3-2-6-12: CLASS H LICENSE:

A. Description, Use Restricted: Class H licenses (special events license) shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on the licensed premises only; provided, that the issuance of a class H license shall be restricted to religious, charitable or not for profit organizations when the proceeds to be derived from the sale of alcoholic beverages shall be used for religious, educational, charitable or other social purposes and not for individual profit of any person or corporation. It shall be the duty of the liquor commissioner to determine whether an applicant qualifies for the issuance of a class H license if any question or issue is raised as to the primary use or purpose of the issuance of the license.

B. License Fee: At the time of the issuance of a class H, special events license, there shall be paid a base fee of one hundred dollars ($100.00), plus a fee of twenty five dollars ($25.00) per day for each day of the special event in excess of one day.

C. Certificate Of Insurance: The holder of a class H license must exhibit to the liquor commissioner, prior to the issuance of such license, a certificate evidencing that dramshop insurance is or will be in force at the time of said special event.

D. Term Of License: Said licenses shall be for a period not to exceed twenty four (24) hours.

E. Condition Of License, Required Facilities: The holder of a class H license must have equipment for the dispensing of alcoholic liquors. (Ord. 2013-22, 10-28-2013)

3-2-6-13: CLASS I LICENSE:

A. Description, Use Restricted: Class I licenses shall authorize the licensee to sell at retail all kinds of alcoholic liquors for consumption on the licensed premises only; provided, that the issuance of a class I license shall be restricted to bed and breakfast facilities, and the surrounding grounds, operated pursuant to special use granted by the city. It shall be the duty of the liquor commissioner to determine whether an applicant qualifies for the issuance of a class I license if any question or issue is raised as to the primary use or purpose of the issuance of the license. The hours of sale shall be in accordance with this code, except as otherwise restricted or governed by the terms of the special use ordinance. (Ord. 2014-28, 7-28-2014; amd. Ord. 2019-29, 12-16-2019)

3-2-6-14: CLASS BYOB LICENSE:

A. License Required: No person shall allow alcohol to be carried in for consumption on the premises of a public accommodation without having a BYOB license which is hereby created.

B. Application Requirements:

1. Applicant must show proof of ownership or present a fully executed lease for the period for which the license is to be issued for the premises for which the license is sought.

2. If applicant is not the property owner, proof must be provided of consent of property owner to obtain BYOB license for the premises.

3. Applicant must be the beneficial owner of the business to be licensed.

4. Applicant must provide a certificate of insurance reflecting general liability in the amount of two hundred fifty thousand dollars ($250,000.00), naming the city of Plano as certificate holder and additional insured.

5. Applicant must agree in writing to save and hold harmless the city of Plano from any and all claims arising out of consumption of alcoholic liquor on the premises.

6. Applicant must agree to abide by the city of Plano liquor code, including the prohibition of allowing minors to consume and the observance of the hours of consumption.

C. Terms And Conditions: All BYOB licenses shall be subject to the following terms and conditions. Violation of these terms and conditions may be cause for revocation of license at the discretion of the liquor commissioner.

1. Term: A license is purely a personal privilege, good for not to exceed one year from the date of issuance. The one year period shall be from May 1 of each year to April 30 of each following year, unless sooner revoked or suspended.

2. Expiration: All licenses, regardless of the date of issuance, shall terminate on April 30 of each year following the date of issuance.

3. Closing Hours: All persons to whom licenses are issued authorizing them to allow BYOB shall close their respective places of business, regardless of whether they are conducting other types of business on the premises for which said licenses are issued:

a. At twelve o'clock (12:00) midnight on Sunday;

b. At one o'clock (1:00) A.M. on Monday, Tuesday, Wednesday and Thursday nights; and

c. At two o'clock (2:00) A.M. on Friday and Saturday nights of each week.

Licensees shall keep their respective places of business closed until six o'clock (6:00) A.M. in the morning following, except, on Sunday they shall keep their said places of business closed until ten o'clock (10:00) A.M. Provided, however, any licensee who is engaged in operating any other business at the same location may open said place of business at six o'clock (6:00) A.M. on Sundays solely for the purpose of transacting such other business, but in no case shall it be lawful for any licensee to allow BYOB during the hours said liquor establishments are required to be kept closed under the provisions of this chapter. It shall be unlawful for any patron to remain within the licensed premises for longer than twenty (20) minutes after closing time and it shall be the duty and responsibility of each licensee, and the agents and employees of each licensee, to enforce this regulation by requiring all patrons to leave the premises within the time specified after closing time.

The hours mentioned herein shall be Central Standard Time except when daylight saving time is in effect, and then said hours shall be Central Daylight Saving Time.

4. Serving Or Furnishing Alcohol: No license holder under this section shall serve or allow beer or wine to be consumed by any person under the age of twenty one (21), or to any intoxicated person, or to any person known by him or her to be under legal disability or in need of mental treatment, or harbor or license any intoxicated persons to loiter on the premises described in the license or allow any conduct which shall tend to disturb the peace and quiet of the neighborhood, or the premises.

5. Service By Minors: No holder of a BYOB license shall suffer or permit any person under the age of twenty one (21) to open, dispense, pour, or serve any beer or wine or any other alcoholic beverage, or in any way tend bar as an employee of any licensed premises. This shall not prevent persons eighteen (18) years of age and over, as employees of licensed premises, from delivering beer and wine for consumption on the premises if allowed by the specific license classification.

D. Classes Created: There are hereby created the following classes:

1. BYOB-Corkage: Permits customer to bring beer or wine only into the licensed premises of a restaurant to be consumed on premises only as a complement to food. For the purposes of this BYOB-corkage license, a restaurant must derive more than forty percent (40%) of its gross revenue (on an annual basis) from the sale of food. The determination of whether the forty percent (40%) gross revenue standard has been met shall be made at the time of license renewal for the year just ended. In the event a license holder has not possessed a BYOB- corkage license for a full year, the determination of whether the forty percent (40%) standard has been met shall be deferred until the next license renewal period. The records used to determine whether said forty percent (40%) standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, or any other form of information deemed acceptable by the city.

a. The following terms and conditions shall apply to a BYOB- corkage license:

(1) Amenities: The license holder is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.

(2) Opening And Pouring: The license holder and employees over the age of twenty one (21) are permitted to open and pour the wine or beer.

(3) Storage: The license holder is permitted to provide storage for the beer or wine as allowed by all applicable laws.

(4) Corkage Fee: The license holder may charge a corkage fee for these services.

(5) Opened Bottles: An opened bottle of wine may be removed from the restaurant provided staff seals the container in a tamperproof bag as provided by law.

(6) Dramshop Insurance: Each licensee shall procure and maintain, at all times while the license is in effect, a policy or policies of dramshop insurance, in the minimum statutory limits. At the time of the initial application for a liquor license and at the time of the renewal of such liquor license proof of the existence of such policy or policies of dramshop insurance shall be tendered to the liquor commissioner. Upon request by the liquor commissioner, each licensee shall, periodically, provide the liquor commissioner with evidence that such policy or policies of dramshop insurance are in full force and effect. Failure to procure and maintain such policy or policies of dramshop insurance shall constitute sufficient grounds to deny the application for or renewal of a liquor license under this chapter.

(7) Number And Fee: The number and fee for a BYOB- corkage license shall be as set forth in section 3-2-7 of this chapter.

2. BYOB License: Permits customer to bring beer or wine only into the licensed premises of a restaurant to be consumed on premises only as a complement to food. For the purposes of this BYOB license, a restaurant must derive more than forty percent (40%) of its gross revenue (on an annual basis) from the sale of food. The determination of whether the forty percent (40%) gross revenue standard has been met shall be made at the time of license renewal for the year just ended. In the event a license holder has not possessed a BYOB license for a full year, the determination of whether the forty percent (40%) standard has been met shall be deferred until the next license renewal period. The records used to determine whether said forty percent (40%) standard has been met shall include, but not be limited to, audited financial statements, corporate financial reports, tax return information, or any other form of information deemed acceptable by the city.

a. The following terms and conditions shall apply to a BYOB license:

(1) Amenities: The license holder is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.

(2) Opening And Pouring Prohibited: No license holder, or any employee or staff member is permitted to open and pour the wine or beer.

(3) Storage Prohibited: No storage of beer or wine is permitted.

(4) Corkage Fee Prohibited: No corkage fee may be charged.

(5) Opened Bottles: An opened bottle of wine may not be removed from the restaurant but must be disposed of before the customer leaves the premises.

(7) Number And Fee: The number and fee for a BYOB license shall be as set forth in section 3-2-7 of this chapter.

3. BYOB-Nonrestaurant: Permits customer to bring beer or wine into the licensed premises of a retail establishment to be consumed on premises only at a special event.

a. The following terms and conditions shall apply to a BYOB- nonrestaurant license:

(1) Amenities: The license holder is permitted to provide glasses and other amenities for the consumption of beer and wine only on premises.

(2) Opening And Pouring Prohibited: No license holder, or any employee or staff member is permitted to open and pour the wine or beer.

(3) Storage Prohibited: No storage of beer or wine is permitted.

(4) Opened Bottles: An opened bottle of wine or beer may not be removed from the premises but must be disposed of before the customer leaves the premises.

(5) Dramshop Insurance: Each licensee shall procure and maintain, at all times while the license is in effect, a policy or policies of dramshop insurance, in the minimum statutory limits. At the time of the initial application for a liquor license and at the time of the renewal of such liquor license proof of the existence of such policy or policies of dramshop insurance shall be tendered to the liquor commissioner. Upon request by the liquor commissioner, each licensee shall, periodically, provide the liquor commissioner with evidence that such policy or policies of dramshop insurance are in full force and effect. Failure to procure and maintain such policy or policies of dramshop insurance shall constitute sufficient grounds to deny the application for or renewal of a liquor license under this chapter.

(6) Number And Fee: The number and fee for a BYOB-nonrestaurant license shall be as set forth in section 3-2-7 of this chapter. (Ord. 2016-17, 4-25-2016)

3-2-7: NUMBER OF LICENSES AND FEES:

A. Maximum Number Allowable: The maximum number of allowable licenses in each classification shall be determined from time to time by the city council by ordinance.

B. Fees: The fee for each class of license shall be set and determined from time to time by the city council by ordinance.

C. Number Authorized: On the date of adoption of this chapter, the following numbers of licenses are authorized and the following fees apply to the following type of license: (Ord. 2013-22, 10-28-2013)

Type Of License	Number Authorized	Annual Fee	Manner Of Payment
Class A	4	$1,000.00	$500.00 on May 1 500.00 on November 1
Class B	4	1,250.00	625.00 on May 1 625.00 on November 1
Class B-1	5	1,250.00	625.00 on May 1 625.00 on November 1
Class B-2	2	$1,250.00	625.00 on May 1 625.00 on November 1
Class C	0	500.00	250.00 on May 1 250.00 on November 1
Class D	0	450.00	450.00 on May 1
Class E	7	750.00	375.00 on May 1 375.00 on November 1
Class E-1	0	1,000.00	500.00 on May 1 500.00 on November 1
Class F	0	750.00	375.00 on May 1 375.00 on November 1
Class G	2	600.00	300.00 on May 1 300.00 on November 1
Class G-1	6	1,000.00	500.00 on May 1 500.00 on November 1
Class H		100.00	Base fee per event, plus an additional fee of $25.00 for each day of a special event in excess of 1 day. Said fee shall be payable at the time of application for a Class H license (special events license).
Class I	1	500.00	$250.00 on May 1 250.00 on November 1
Class BYOB- corkage		400.00	200.00 on May 1 200.00 on November 1
Class BYOB		200.00	100.00 on May 1 100.00 on November 1
Class BYOB- nonrestaurant		200.00	100.00 on May 1 100.00 on November 1

The foregoing fees shall be reduced in proration to the full calendar months which have expired in the license year prior to the issuance of the license.

(Ord. 2013-22, 10-28-2013; amd. Ord. 2014-28, 7-28-2014; Ord. 2015-15, 4-27-2015; Ord. 2016-15, 4-25-2016; Ord. 2016-17, 4-25-2016; Ord. 2017-22, 5-30-2017; Ord. 2018-30, 12-17-2018; Ord. 2020-2, 1-27-2020; Ord. 2020-4, 2-24-2020; Ord. 2020-18, 10-13-2020; Ord. 2021-8, 5-24-2021; Ord. 2021-9, 5-24-2021; Ord. 2021-10, 5-24-2021; Ord. 2021-12, 6-15-2021; Ord. 2021-14, 7-26-2021; Ord. 2021-15, 7-26-2021; Ord. 2021-16, 8-23-2021; Ord. 2021-20, 11-8-2021, Ord. 2021-21, 11-22-2021; Ord. 2022-2, 2-14-2022; Ord. 2022-3, 2-14-2022; Ord. 2022-4, 3-28-2022; Ord. 2023-2, 2-13-2023; Ord. 2023-3, 2-13-2023; Ord. 2023-7, 4-10-2023; Ord. 2023-11, 6-12-2023; Ord. 2023-13, 6-26-2023; Ord. 2023-15, 8-14-2023; Ord. 2023-17, 8-28-2023; Ord. 2023-18, 9-11-2023; Ord. 2023-19, 9-11-2023; Ord. 2023-20, 10-9-2023, Ord. 2023-21, 10-9-2023; Ord. 2023-23, 10-23-2023; Ord. 2024-03, 1-22-2024; Ord. 2024-04, 2-26-2024; Ord. 2024-06, 3-25-2024; Ord. 2024-17, 4-8-2024; Ord. 2024-20, 4-22-2024; Ord. 2024-22, 5-13-2024; Ord. 2024-23, 5-13-2024; Ord. 2024-24, 5-13-2024; Ord. 2024-27, 6-24-2024; Ord. 2024-28, 6-24-2024; Ord. 2024-30, 9-9-2024; Ord. 2024-31, 9-9-2024; Ord. 2025-06, 4-14-2025; Ord. 2025-09, 7-14-2025; Ord. 2025-10, 7-14-2025; Ord. 2025-12, 8-25-2025; Ord. 2025-21, 11-10-2025; Ord.2025-22, 11-24-2025)

3-2-8: INSURANCE REQUIREMENTS:

A. Dramshop Insurance: Each licensee shall procure and maintain, at all times while the license is in effect, a policy or policies of dramshop insurance, in the minimum statutory limits. At the time of the initial application for a liquor license and at the time of the renewal of such liquor license proof of the existence of such policy or policies of dramshop insurance shall be tendered to the Liquor Commissioner. Upon request by the Liquor Commissioner, each licensee shall, periodically, provide the Liquor Commissioner with evidence that such policy or policies of dramshop insurance are in full force and effect. Failure to procure and maintain such policy or policies of dramshop insurance shall constitute sufficient grounds to deny the application for or renewal of a liquor license under this chapter. (Ord. 2013-22, 10-28-2013)

3-2-9: TERM OF LICENSE:

All licenses issued under the provisions of this chapter shall be for a term of one year, to begin on May 1 and to end on April 30 of each year. Except for Class H licenses, the fees for such licenses shall be payable in two (2) installments as set forth in section 3-2-7 of this chapter. Provided, however, that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof, upon the payment of a proportionate part of the annual fee which shall be payment for the unexpired portion of that particular license year. (Ord. 2013-22, 10-28-2013)

3-2-10: PRIVILEGE GRANTED TO LICENSEE AND TRANSFER OF LICENSE:

Except as provided in section 6-1 of the Illinois Liquor Control Act , which is incorporated herein as though set forth herein verbatim, no license is transferable. (Ord. 2013-22, 10-28-2013)

3-2-11: DISPOSITION AND REFUND OF FEES:

All license fees shall be paid to the City at the time the license is issued and shall be forthwith turned over to the City Treasurer.

No refund of any license fee shall be made. (Ord. 2018-25, 11-26-2018)

3-2-12: RENEWAL OF LICENSES:

Any licensee may renew his/her license at the expiration thereof, provided that licensee is then qualified to receive a license and the premises for which such renewal license is sought is suitable for such purpose; provided further, that the renewal privilege herein provided for shall not be construed as a vested right which would in any case prevent the commissioner from decreasing the number of licenses to be issued within the city. (Ord. 2013-22, 10-28-2013)

3-2-13: BUILDING AND LOCATION RESTRICTIONS:

A. Main Floor Location Required: No license shall be issued hereunder to any person (except to a club) whose place of business is not located on the main floor of the building which it occupies.

B. Change Of Location: A licensee shall not be permitted to change locations, except upon the following conditions:

1. Written application shall be made to the commissioner stating the location of the proposed site and affirmatively showing that the location is properly zoned and is a first floor site. An executed lease or a deed showing ownership of said premises shall be presented to the liquor commissioner for approval prior to licensee's commencement of business at each new location, in the event change of location is approved.

2. The commissioner may, in his discretion, request the members of the city council to approve or object to such application for change of location. Such recommendation, if requested, shall be solely advisory.

3. The final decision shall be made by the commissioner and such decision, when made, shall be an administrative decision and shall be subject to review under the administrative review act of the state of Illinois. (Ord. 2013-22, 10-28-2013)

3-2-14: RESTRICTIONS:

A. Location Restrictions: No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school, hospital, home for the aged or indigent persons or for veterans, their wives or children; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where the sale of alcoholic liquors is not the principal business within or upon the premises.

B. Stores Selling School Supplies, Lunches, Etc.: No license shall be issued to any person for the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of schoolbooks, school supplies, food, lunches, or drinks for such minors.

C. View From Street: In the premises upon which the sale of alcoholic liquor for consumption on the premises is licensed (other than a restaurant, hotel or club) no screen, blind, 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 premises which shall prevent a clear view of the entire interior from the street, road or sidewalk. All areas where liquor is sold for consumption on the premises shall be continuously lighted during business hours by natural light or artificial white light so that all parts of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions shall be wilfully obscured by the licensee or by licensee wilfully 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 subsection, the mayor shall have the right to require the filing of plans, drawings and photographs showing the clearance of the view as above required.

D. Sale, Delivery And Consumption On City Property:

1. Sale Prohibited: Except as hereafter provided, it shall be unlawful for any person, organization, group of individuals or any entity or group of any type or kind to sell, deliver or consume alcoholic liquors on any city property, building, or park.

2. Allowable Sale And Consumption: Such sale and consumption of alcoholic liquors will be allowed only in conjunction with the use of the city parking lot(s) or streets by a holder of a valid retail liquor license issued by the city as authorized from time to time by resolution of the city council, and such sale or consumption must be in conjunction with the use of the city parking lot(s) or streets for community events only.

3. Application For Use Of City Parking Lot Or Street: Any person, group, organization, or entity, which desires to sell or consume alcoholic liquors at the city parking lot(s) or street during its use of same, must so indicate on its application for use. City staff is authorized to develop appropriate forms for said application and guidelines and restrictions for such use. (Ord. 2013-22, 10-28-2013; amd. Ord. 2020-25, 12-15-2020)

3-2-15: CONDITIONS OF LICENSE:

A. Closing Hours: All persons to whom licenses are issued authorizing them to sell alcoholic liquors shall close their respective places of business, regardless of whether they are conducting other types of business on the premises for which said licenses are issued:

1. At twelve o'clock (12:00) midnight on Sunday;

2. At one o'clock (1:00) A.M. on Monday, Tuesday, Wednesday and Thursday nights; and

3. At two o'clock (2:00) A.M. on Friday and Saturday nights of each week.

Licensees shall keep their respective places of business closed until six o'clock (6:00) A.M. in the morning following, except, on Sunday they shall keep their said places of business closed until ten o'clock (10:00) A.M. Provided, however, any licensee who is engaged in operating any other business at the same location in conjunction with his or her or its liquor business may open said place of business at six o'clock (6:00) A.M. on Sundays solely for the purpose of transacting such other business, but in no case shall it be lawful for any licensee to sell or to offer for sale any alcoholic liquors during the hours said liquor establishments are required to be kept closed under the provisions of this chapter. It shall be unlawful for any patron to remain within the licensed premises for longer than twenty (20) minutes after closing time and it shall be the duty and responsibility of each licensee, and the agents and employees of each licensee, to enforce this regulation by requiring all patrons to leave the premises within the time specified after closing time. (Ord. 2014-19, 6-9-2014)

B. Peddling: It shall be unlawful to peddle alcoholic liquor within the corporate limits of the city.

C. Gambling: Except as is authorized by the Illinois pull tabs and jar games act as amended from time to time, and except as is authorized by the Illinois video gaming act, as amended from time to time, and subject to the payment of annual fees for the operation of video gaming terminals on the licensed premises as provided in chapter 9 of this title, it shall be unlawful for any licensee to permit any other type or kind of gambling or to keep or allow any other type or kind of gambling devices in his, her or its place of business.

D. Dancing: No dancing shall be permitted in any retail class licensed premises except in accordance with the provisions of chapter 6 of this title. (Ord. 2013-22, 10-28-2013)

3-2-16: EMPLOYEES:

A. Requirements: It shall be unlawful to employ in any 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 is a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of such liquor, and it shall be unlawful for any person who has not attained twenty one (21) years of age to serve, sell, draw, pour or mix alcoholic liquors in any establishment licensed under this chapter.

For purposes of this section "to sell" shall be defined as the act of allowing customers to acquire alcoholic liquors wherein the employee, contractor or other party or entity acting under authority of the licensee participates directly in the transaction or occurrence wherein the alcoholic liquors are given in exchange for legal tender or other consideration, and shall include such acts whether they be in connection with the sale of package goods of any and all types and kinds or for the sale of alcoholic liquors for consumption on the premises. Provided, however, that licensees whose businesses are not predominantly the sale of alcoholic liquor, such as, but not limited to, clubs, grocery stores and drugstores and entertainment establishments, and convenience marts, may employ persons under the age of twenty one (21) years otherwise qualified by law for such employment in connection with these portions of such business.

B. Training Requirements:

1. Training Requirements (BASSET); Class A, B, B-1, B-2, C, D, Or F: For all class A, class B, class B-1, class B-2, class C, class D, or class F licenses issued on or after ninety (90) days after the passage of this chapter and all original or renewal applications for class A, B, B-1, B-2, C, D, or F liquor licenses, the issuance of or renewal of the license shall be conditioned upon proof of completion of a state certified beverage alcohol seller's and server's education and training (BASSET) program for all persons who sell or serve alcoholic beverages, all management personnel working on the premises and anyone whose job description entails the checking of identification for the purchases of alcoholic beverages, pursuant to those licenses.

2. Training Requirements (BASSET); Class E, E-1, G, G-1, Or H: For all class E, class E-1, class G, class G-1 or class H licenses issued on or after ninety (90) days after the passage of this chapter and all original or renewal applications for class E, E-1, G, G-1, or H liquor licenses, the issuance of or renewal of the license shall be conditioned upon proof of completion of a state certified beverage alcohol seller's and server's education and training (BASSET) program for the manager in charge working on the premises and anyone whose job description entails pouring, mixing, or dispensing of alcohol, and anyone whose job description entails the checking of identification for the purchase of alcoholic beverages, pursuant to those licenses. At least one person shall be required to be on the premises, who has completed BASSET training during any periods of time when alcoholic beverages may be purchased or sold or dispensed.

3. BASSET Definition: A "state certified BASSET training program" shall be defined as a BASSET program licensed by the state of Illinois liquor control commission (ILCC) as required by 235 Illinois Compiled Statutes 5/3-12 (11.1) and 6-27 and title 77 of Illinois administrative code, chapter XVI, section 3500. All licensed BASSET providers shall be required to have on file all licenses and certificates to prove current qualifications and provide a certificate of course completion and a card (a picture type ID is optional), to participants as proof of completion.

4. After Passage Of Chapter: After ninety (90) days after passage of this chapter, any new owner, manager, employee, or agent requiring BASSET training shall within ninety (90) days from the beginning of their employment with that licensee, complete an ILCC BASSET approved seller/server training program and shall until completion of the BASSET program work under the supervision of a person who has completed BASSET training.

5. Certificate Of Completion: A photocopy of certificate of completion for all owners, managers, employees, or agents required by this chapter to have BASSET training shall be maintained by the establishment in a manner that will allow inspection, upon demand, by any designee of both the state or local liquor control authorities.

C. Supervisory Requirements: Notwithstanding subsection A of this section, a person eighteen (18) years of age and over may serve alcoholic beverages within an establishment holding a class D, class E, class E-1 or class G liquor license granted under this chapter, if said service is in the dining area (but excluding a bar area of the premises, regardless of whether food is served in the bar area) of the establishment during times in which meals are being served, in which case persons eighteen (18) years of age and over may serve said beverages in said area. However, if persons eighteen (18) years of age to twenty one (21) years of age serve said beverages, each such establishment shall have, on duty at all times, supervising personnel not under the age of twenty one (21) years to make the verification required under this section for any person being served by an employee under twenty one (21) years of age. Such person(s) shall have supervisory authority over, and be responsible for the actions of all such employees eighteen (18) years of age to twenty one (21) years of age who serve said beverages. Prior to allowing servers eighteen (18) years of age to twenty one (21) years of age, any such establishment seeking to operate under this subsection shall submit a sketch plan of the premises delineating the area designated for dining to be approved by the commissioner. (Ord. 2013-22, 10-28-2013; amd. Ord. 2023-16, 8-28-2023)

3-2-17: SANITARY PREMISES:

A. Generally: All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition.

B. Health Inspections:

1. Certificate Of Inspection: Every application for a retail liquor dealer's license for the sale of alcoholic liquors on premises which are subject to inspections by the Kendall County health department shall be accompanied by a certificate from the Kendall County health department that the premises have been inspected and are found to be in satisfactory condition for the issuance of a health permit.

2. License Renewal Inspections: Prior to May 1 of each year, the date for renewal of all liquor licenses within the city, the licensee shall produce evidence to the city that the licensed premises, if subject to health inspection by the Kendall County health department, have satisfactorily passed a health inspection conducted within three (3) months prior to the renewal of any such liquor license. (Ord. 2013-22, 10-28-2013)

3-2-18: MINORS, INTOXICATED PERSONS, HABITUAL DRUNKARDS, PRIVATE PARTIES/EVENTS, ENTERTAINMENT AND ON SITE ACTIVITIES:

A. Prohibited: It shall be unlawful for any licensee to permit any person under the age of twenty one (21) years, not an employee of the licensee, to loiter in or about his or her or its place of business or to sell, give or deliver alcoholic liquor to any person or persons under the age of twenty one (21) years, or to any intoxicated person or to any person known to him or to any servant or employee of the licensee to be a habitual drunkard, spendthrift or insane person or a feeble minded or distracted person. Provided, however, that this subsection shall not apply to any person under the age of twenty one (21) years who is accompanied by his or her parent or guardian or spouse, who is over the age of twenty one (21), or to any licensed premises which derives its principal business from the sale of service or other commodities other than alcoholic liquor.

B. Presence Of Minors Restricted: It shall be unlawful for any person under the age of twenty one (21) years to be present in a class A tavern during the times that alcoholic liquor is sold. If the license is issued for a business which is not predominantly for the sale of alcoholic liquor, such as hotels or bowling alleys, this subsection shall only apply to the room or area set aside for the sale and consumption of alcoholic liquor; provided, that persons under the age of twenty one (21) years may be present in said licensed premises during times at which a meal is being served as long as they are accompanied by a parent, guardian, or spouse twenty one (21) years of age or older.

C. After Hours: No person, except peace officers in the performance of law enforcement duties, the licensee and licensee's employees or agents actually working, shall be present in a class A tavern between the hour of closing and the hour of opening as established in this chapter; provided, that if the license is issued for a business which is not predominantly for the sale of alcoholic liquor such as hotels or bowling alleys, this subsection shall apply only to the room or area set aside for the sale and consumption of alcoholic liquor.

D. Conduct Of Place Of Business: Every licensee shall conduct his, her or its place of business in a quiet, decent and respectable manner and shall eject therefrom or refuse admittance thereto all persons rendering themselves objectionable or undesirable by reason of undue noise or other acts disturbing the peace.

E. Unlawful Conduct: Every licensee shall immediately report to the police department of the city any act by any person or patron rendering such person or patron objectionable, causing undue noise or disturbance, causing a breach of the peace or participating in other unlawful conduct. Such report shall be made immediately upon the occurrence of any act described herein to the end that the police department shall be notified to come to the aid or assistance of the licensee in maintaining the peace in and about the licensed premises.

F. Disturbances: No person licensed under the provisions hereof shall make or allow any loud or boisterous talking or obscene or profane language, quarreling, fighting or other disturbance of persons passing along any street or public way in the vicinity thereof or to the disturbance of the peace and quiet of persons doing business or residing in the neighborhood thereof.

G. Clothing: All licensees dispensing or serving food or alcoholic liquor shall be decently clothed. Topless or similar attire is prohibited. Shoes must be worn in the licensed premises by all employees and patrons at all times.

H. Obscene Acts: It shall be unlawful for any licensee to permit or allow any act or form of entertainment which, when considered as a whole, would be considered "obscene" (i.e., has a predominant appeal to prurient interest) such as that term is defined by law.

I. Inspection: Every licensee shall notify the chief of police or his designee and the liquor commissioner at least forty eight (48) hours in advance of the date and time of any private party to be held or conducted on the licensed premises and the licensed premises shall be subject to inspection during any such private party.

J. Employee Actions Prohibited: It shall be unlawful for any person, while acting as a waiter, waitress, bartender, entertainer, vendor or in any other position, to:

1. Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

2. Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

3. Expose any portion of the female breast at or below the areola thereof.

4. It shall be unlawful to allow any customer or any other person to perform any of the foregoing acts.

K. Licensee Actions Prohibited: It shall be unlawful for any licensee to:

1. Permit or allow any waiter, waitress, bartender, entertainer, vendor or any other employee or any person to commit any of the unlawful acts in this section. A person shall be deemed to be a waiter, waitress, bartender, vendor or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

2. Permit or allow any act or form of entertainment which, when considered as a whole, would be considered obscene (i.e., has its predominant appeal to prurient interest) as such term is defined by state law.

3. Permit or allow any of the following: "male or female striptease" (defined to be the removal of substantially all of their clothes), lingerie (either male or female) fashion shows, lingerie raffles, wet T-shirt contests, mud or jello wrestling or wrestling in any substance, and any similar contest or performance which would constitute obscene conduct as defined pursuant to 720 Illinois Compiled Statutes 5/11-20(6)(b) as follows:

Any material or performance is obscene if: (1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and (2) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific value.

4. To suffer in his, her or its premises or any part thereof or any places adjacent thereto under his, her or its control any violation of this section.

5. To suffer or permit the following conduct on licensed premises:

a. Performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other sexual act.

b. The actual or simulated touching, caressing or fondling of the breasts, buttocks, pubic hair, anus or genitals.

c. The actual or simulated display of the breasts, buttocks, pubic hair, anus, vulva or genitals.

d. Permitting any person to remain upon licensed premises who exposes to public view a portion of his or her breasts, buttocks, genitals, vulva or anus. (Ord. 2013-22, 10-28-2013)

3-2-19: INSPECTIONS:

It shall be unlawful to refuse to grant admittance to the premises for which a license has been issued at any time upon the verbal request of the commissioner or any police officer, fire inspector or city inspector authorized by the commissioner for the purpose of making an inspection of such premises, or any part thereof. (Ord. 2013-22, 10-28-2013)

3-2-20: PEDDLING:

It shall be unlawful to peddle alcoholic liquor in the city. (Ord. 2013-22, 10-28-2013)

3-2-21: REVOCATION OR SUSPENSION OF LICENSE:

A. Violation: The commissioner may suspend, for not more than thirty (30) days, or revoke for cause any liquor dealer's license for any violation of any provision of this chapter or for any violation of the laws of the state pertaining to the sale of alcoholic liquor.

B. Written Order: If the commissioner has reason to believe that any continued operation of a premises will immediately threaten the welfare of the community, the commissioner may, upon issuance of a written order stating the reason for such conclusion and without notice of hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.

C. Notice And Hearing: No license shall be revoked or suspended except after a public hearing by the commissioner with a five (5) day written notice to the licensee affording licensee an opportunity to appear and defend.

D. Order Of Revocation Or Suspension: The commissioner shall within five (5) days after such hearing, if the commissioner determines after such hearing that license should be revoked or suspended, state the reasons for such determination in a written order of revocation or suspension and shall serve a copy of such order within five (5) days upon licensee. (Ord. 2013-22, 10-28-2013)

3-2-22: PENALTIES:

A. In the event that the local liquor control commissioner shall find a licensee guilty of violating any provision of this chapter, he or she may order the licensee to pay to the city any one or more of the following:

1. A fine or fines as provided for in and authorized by the Illinois liquor control act.

2. Reasonable attorney fees incurred by the city and/or the commissioner.

3. Reasonable costs, including court reporter fees, incurred at the hearing.

B. The aforesaid remedies shall be in addition to all other remedies and penalties available to the city or commissioner, both at law or in equity and not in lieu thereof.

C. Any penalties, costs or fees assessed under this section shall be payable upon the order of the commissioner unless notice of appeal has been filed by the licensee, in which case, payment is stayed until the final decision of a court of competent jurisdiction. (Ord. 2013-22, 10-28-2013)

3-2-23: SEVERABILITY:

In the event that any portion of this chapter is held by a court of competent jurisdiction to be invalid, said invalid portion shall be considered to be severed therefrom and the balance shall remain in effect. (Ord. 2013-22, 10-28-2013)

3-3-1: DEFINITIONS:

For the purposes of this chapter, the words and terms defined in this section shall have the following meanings:

COMMERCIAL SOLICITOR:	Any person, whether a resident of the City or not, traveling from place to place, from house to house, from building to building, or from street to street, and selling goods or taking or attempting to take orders for sales of goods for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she is collecting advance payments on such sales or not. This chapter does not apply to students of educational institutions located within the City limits participating in fundraising events or charitable activities.
FAIR:	A gathering for competition, or exhibition of various products, often with amusements and educational displays. Fairs do not include products for sale. Fairs do not require a license.
FARMER'S MARKET:	A common facility or area where the primary purpose is for farmers to gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers. Farmers' Markets shall be conducted consistent with Kendall County Health Department regulations and in conformity with the rules and regulations of the Illinois Department of Public Health and the Illinois Farmers Market Food Safety Guide.
FESTIVAL:	A collection of games, activities, sales booths, etc.
FLEA MARKET:	Any location other than a permanent retail store at which space is rented or otherwise made available to others to conduct business as transient merchants, itinerant vendors, hawkers, peddlers or similar sales or transactions for a period of not more than seventy-two (72) consecutive hours.
FUNDRAISING EVENT:	An event in which all proceeds are used to benefit a NONPROFIT ORGANIZATION as defined below.
GROUP SALES EVENT:	A temporary event of three (3) or less consecutive days at a fixed location consisting of contiguous selling areas sponsored or arranged by a person, local unit of government or charitable or religious institution and which includes three (3) or more transient merchants.
ITINERANT VENDORS:	Any person who transports tangible personal property for display or retail sale within the City who does not maintain in this City an established office, distribution house, in-sales office, warehouse, or service center from which said business is conducted. However, this chapter does not apply to any person who delivers personal tangible property within this City who is fulfilling an order for such property which was solicited or placed by mail or other means.
NONPROFIT ORGANIZATION:	An organization which is legally chartered as nonprofit, and charitable or educational in nature.
SPECIAL EVENT:	This chapter does not apply to permanently established businesses holding short duration (defined as 1 to 7 days) events on their premises or on other property within the City with the permission of the property owner. Such events could include tent sales, customer appreciation days, and similar events.
TRANSIENT BUSINESS:	Any entity conducting business within the City of Plano which: a) does not intend to conduct business continuously for a twelve (12) month period (except for normal holiday and vacation closures), or b) does not conduct business in the City of Plano from a permanent building with street address, connected to public water and sewer services or private well and septic systems. Types of this business include, but are not limited to, itinerant vendors, transient merchants, commercial solicitors, group sales events, peddlers, door to door salesmen, canvassers, and hawkers.
TRANSIENT MERCHANT:	Any person, who is engaged temporarily in the retail sale of goods, foodstuffs, wares or merchandise, either new or used, in the City and who, for the purpose of conducting such business, occupies any fixed location, including but not limited to: any non-permanent structure of any kind, vacant lot, or vehicle. Provided, however, this chapter shall not apply to any farmer, fruit and vine grower, and gardener who shall have an undisputed right to sell produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper in conformity with the provisions of section 70/1 of the Illinois Compiled Statutes 1 and no license shall be required for such activity. (Ord. 2017-3, 1-9-2017; amd. Ord. 2017-27, 6-12-2017; Ord. 2021-1, 3-8-2021)

3-3-2: COMMERCIAL SOLICITOR, ITINERANT VENDORS AND TRANSIENT MERCHANTS:

A. Location Of Operation: Itinerant vendors and transient merchants may not operate within six hundred feet (600') of a church or a school, or within one hundred twenty feet (120') of either the north or south edge of right-of-way of Illinois Route 34 or within sixty feet (60') of either the north or south edge of right-of-way of Main Street, unless a shorter distance is otherwise approved by the City Council on a case by case basis.

B. Mode Of Operation:

1. Itinerant vendors may operate motorized vehicles only on the city streets or right-of-way's. Operation on private property for a private event is allowed. Operation in the city parks can take place if approved by the City Council and then only from locations in the parking lots within the park, unless a different location has been approved by the City Council.

2. Mobile carts, wagons, trailers, or other contrivances may operate only as authorized by permit within certain City of Plano parks as follows:

a. Such mobile vehicles or contrivances must be dropped at their fixed location no earlier than nine o'clock (9:00) A.M. and be picked up no later than half (½) an hour before sunset each day.

b. Mobile carts, wagons, trailers, or other contrivances may operate only as authorized by permit only on the City streets or right-of-ways.

3. All vendors, transient and itinerant businesses must always have their City issued license and/or permit accessible, for inspection upon request.

a. Permits and/or Licenses must be prominently displayed by each solicitor and be presented upon request to any resident, property owner or police officer.

b. License must include the expiration date in a type size that it is clearly visible, and any other critical information necessary to identify the business and individual.

4. Time limits are between the hours of nine o'clock (9:00) A.M. and ½ Hour before sunset. If the vendor is taking part in a Special Event, Fair, Farmers or Flea Market they may following the hours approved for that event.

5. No vendor may utilize prerecorded music, chimes, bells or any electrically amplified device for the purpose of attracting public attention, which exceeds seventy-five (75) decibels measured from a point no more than within twenty-five feet (25') from the sales area.

6. Vendor, merchant or solicitor may not use abusive language, threats or refuse to leave any premises in the City when requested by the owner or occupant thereof.

7. Posting of No Solicitor signs.

a. The owners or resident of any premise in the City shall determine whether solicitors shall be, or shall not be invited onto his or her premises.

b. Residents and other persons within the City shall be entitled to post a “No Solicitors,” “No Solicitation,” or similar sign on the property which they own or occupy, where it is reasonably revisable to individuals who may approach the house, apartment, building or other edifice near or on which the sign is posted, in order to notify any such individual that no solicitation, canvassing or peddling of any type is desired by the occupant without the occupant's prior approval.

c. It shall unlawful for any person, whether engaging in commercial or noncommercial canvassing, solicitation, or other similar enterprise to, when entering upon a premise which has a reasonably visible "No Solicitors" or other similar sign, continue the attempted canvassing or solicitation. Upon sight of such a sign, the canvasser or solicitor must leave the premises. If such a sign is reasonably visible the canvasser or solicitor shall be presumed to have seen the sign and shall be in violation of this chapter if he or she attempts his or her canvassing or solicitation. Any owner or resident may also restrict solicitation or limit the hours during which solicitors are invited to his or her residence by posting that intention as provided in this section. Such sign, so exhibited shall constitute sufficient notice to any solicitor of the owner's or resident's desire to restrict solicitation or to limit the solicitor's hours.

8. Notwithstanding whether a sign has been posted, any solicitor is required to depart immediately upon request. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-3: PREREQUISITES TO CONDUCTING BUSINESS:

A. Compliance Requirements: It is a violation of this chapter for any person, either as a principal or an agent, to conduct business as a transient merchant, itinerant vendor, commercial solicitor, or to conduct a group sales event without first:

1. Complying with the requirements of the Retailers' Occupation Tax Act, to include obtaining a certificate of registration and posting the required bonds or other approved security.

2. Complying with all requirements of the zoning district under the zoning ordinance.

3. Obtaining a license under this chapter.

4. Insurance certificate required. No city license shall be issued for special events that take place wholly on city-owned property unless the application is accompanied by a certificate proving that the applicant has obtained liability insurance in the amount deemed sufficient for the event or activity by the city's liability insurance carrier.

B. Prima Facie Evidence: It shall be prima facie evidence that a person is a transient merchant or itinerant vendor under this chapter if the person does not transact business from a fixed location in a permanent structure on property owned or leased for a period of not less than twelve (12) months by the person conducting said business. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-4: LICENSE REQUIREMENTS:

A. License is required:

1. It is required that any person who wishes to obtain a license as a Transient Merchant, Itinerant Vendor, or Commercial Solicitor shall file a license application with the Office of the City Clerk, which is designated as the Licensing Agency.

2. Application: A completed license application, along with the nonrefundable application fee, must be submitted to the City Clerk not less than ten business days prior to the requested date to commence sales hereunder.

B. Contents Of Application: This license application shall include, but not be limited to, the following: the applicant's name, address of the residence of the principal (if the applicant is a corporation, the residential addresses of the officers of the corporation), the location at which the applicant proposes to do business, the nature of the business the applicant intends to conduct, a copy of the applicant's certificate of registration under the retailers' occupation tax act, a complete inventory of the goods the applicant intends to offer for sale, sureties or bonds, certificates of insurance, employee list, and a list of all licenses to conduct business as a Transient Merchant obtained in the twelve (12) month period prior to the application.

1. If the applicant submits an incomplete application based on a preliminary review by the Office of the City Clerk, then the Office of City Clerk should deny and return the application. The applicant may resubmit the completed application, within thirty (30) days, for review and possible approval without submitting an additional application fee. Should the application be approved, the license shall be issued, so long as the livescan and license fees have been fully paid and the applicant meets all the requirements and passes the required background checks.

C. No permit or license shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other state of federal law in the United States, within five (5) years of the date of application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose permit or license issued hereunder has been previously revoked, as herein provided.

1. The City of Plano reserves the right to deny any vendor a license and/or to revoke an existing license as provided in Section 3-3-4-I of this Chapter.

2. In the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the City of Plano unless said child is supervised by an adult who has registered pursuant to this chapter, or unless engaged in fund raising for an institution.

D. The Office of the City Clerk shall keep an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all applications approved and licenses issued or applications denied.

E. Fees:

1. Each license application shall be accompanied by a non-refundable license application fee of one hundred dollars ($100.00) and the applicable transient business license fees, all as set forth in the application for transient business license set forth in section 3-3-13 of this chapter.

2. The license fee is thirty dollars ($30.00) for each 30 days license per individual salesperson.

3. The license application fee is non-refundable and will not be refunded if the application is denied, for any reason including an incomplete application.

4. Any license fees that has been collected prior to approval of the application shall be refunded should the application be denied.

5. Livescan fees of forty dollars ($40.00) per salesperson, event application or vendor must be paid prior to the start of the background checks and are non-refundable once the background check process has begun.

F. Term:

1. An approved license is valid for a minimum of thirty (30) days and may be renewed in additional increments of thirty (30) days for a period of one year. The fee for each thirty (30) day Period is thirty dollars ($30.00) per salesman.

a. The license issued by the city must show the period or periods that the license covers.

2. The license application is valid for the period of one year from date of issuance and must be resubmitted and reapproved each year.

H. Exemptions (No Permit/License Required):

1. Prior Invitation: Any person who, for the purposes of selling or taking orders for sales of merchandise or services, has been previously invited by the occupant of a residence to call thereon.

2. Nonprofit Organizations: Any person engaged in peddling or soliciting which is not prohibited by law on behalf of the charitable, religious or nonprofit organization organized as a not for profit corporation under state or federal law. However, not for profit organizations shall register with the city.

3. First Amendment Activities: Any person exercising their first amendment rights, including the free exercise of religion, the freedom of speech or press, the right of assembly and not engaged in peddling, soliciting or itinerant merchandizing for commercial gain.

4. Students and Educational Institutes: Any person engaged in fundraising for an educational institute. It is recommended that the sponsoring organization register with the city for inclusion in the list of approved vendors on the city website.

I. Any Permit or License may be revoked by the City Clerk for the following reasons.

1. Violation of any provision of the City code of the City of Plano, including the provisions of this chapter;

2. Violation of any State Law;

3. Violations of any Federal Law;

4. Changes in the information provided on the registration application set forth in Section 3-3-13;

5. Ceases to possess the character qualifications required by Section 3-3-4;

6. Violation of any applicable rule or regulation, or otherwise engages in behavior which the City of Plano's Police Department determined to be threatening or posing a danger to the City and its residents. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-5: FOOD VENDOR AND MERCHANTS; SANITARY REQUIREMENTS:

A. All food vendors operating within the City of Plano must be licensed and in compliance with all applicable State requirements and Kendall County Health Department Rules and Regulations.

1. All vehicles, carts or other contrivances shall be kept in a clean and sanitary condition and shall be thoroughly cleaned each day they are so used.

2. It shall be unlawful to permit any stale food, decaying matter or any other waste material or product to accumulate in, on, or around any such vehicle while it is so used. Vendors shall remove such matter from the premises on a daily basis.

3. If unwrapped foodstuffs are transported in any such vehicle, such goods shall be carried in a portion or compartment of the vehicle which is screened or protected against dust and insects. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-6: FARMER'S MARKET:

A. License required:

1. It shall be unlawful to hold, sponsor, or cause to be held a Farmer's Market unless properly licensed as provided for herein.

2. The licensing requirements of this chapter shall not apply to any farmer, fruit and vine grower, and gardener who shall have an undisputed right to sell produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper in conformity with the provisions of section 70/1 of the Illinois Compiled Statutes1 and no license shall be required for such activity.

B. Licensing requirements.

1. A Farmer's Market must be coordinated by a Market Master, who will assume responsibility for the coordination of all Farmer's Market events and assure compliance with all regulations. Said Market Master shall be responsible for obtaining the required license.

2. Said Market Master shall make application for said Farmers Market at least thirty (30) days in advance of the event. Event license fees must be paid at the time of application. The application shall include the name of the event coordinator who can be contacted with any questions or problems.

3. Said Market Master must provide the City Clerk with a list of names, addresses, tax identification numbers, and all other pertinent information about each person displaying and selling produce at the Farmer's Market. Said list shall be updated as necessary, so that the City Clerk always has on file a complete list of all persons participating in the Farmer's Market.

4. The fee for a Farmer's Market License, to be paid by the Market Master, shall be one hundred dollars ($100) per year. Said fee shall be paid at the time of application, unless waved by a majority vote of the city council.

5. The City may deny the Farmer's Market License based on grounds of failure to cooperate with authorities, failure to obtain a license before sales, past suspension or revocation of permits, failure to pay taxes, failure to provide proof of a user's license, or other just cause.

C. Regulations.

1. It shall be unlawful to block, restrict, display or operate sales upon a public street, alley, sidewalk or other public way, unless approved by the City Council.

2. License must be conspicuously posted. The approved license for the event must be posted in a conspicuous place at or near the main entrance to the event. Said license shall be in plain view at all times the event is taking place.

3. Organizers must comply with the city special event policy and all applicable ordinances related to special events. (Ord. 2021-1, 3-8-2021)

3-3-7: FLEA MARKETS:

A. License required. It shall be unlawful to hold, sponsor, and cause to be held, or participate in a Flea Market unless properly licensed as provided for herein.

B. Licensing requirements.

1. Said organization or representative shall make application for said Flea Market at least thirty (30) days in advance of the event. Event license fees must be paid at the time of application. The application shall include the name of the event coordinator who can be contacted with any questions or problems.

2. Licensing fees shall be one hundred dollars ($100.00) per year. Said fee shall be paid at the time of application, unless waved by a majority vote of the City Council.

3. The city may deny the Flea Market License based on grounds of failure to cooperate with authorities, failure to obtain a license before sales, past suspension or revocation of permits, failure to pay taxes, failure to provide proof of a user's permit, or other just cause.

C. Regulations.

1. It shall be unlawful to block, restrict, display or operate sales upon a public street, alley, sidewalk or other public way, unless granted prior approval.

3. Organizers must comply with the city special event policy and all applicable ordinances related to special events. (Ord. 2021-1, 3-8-2021)

3-3-8: FESTIVALS:

A. License required. It shall be unlawful to hold, sponsor, and cause to be held, or participate in a Festival unless properly licensed as provided for herein.

1. License is not required for Festivals which do not include the sales of products for personal consumption.

2. Organizers must comply with the city special event policy and all applicable ordinances related to special events.

B. Licensing requirements.

1. Said organization or representative shall make application for said festival at least thirty (30) days in advance of the event. Event license fees must be paid at the time of application. The application shall include the name of the event coordinator who can be contacted with any questions or problems.

2. Event licensing fees shall be one hundred dollars ($100.00) per year. Said fee shall be paid at the time of application, unless waved by a majority vote of the City Council.

3. The city may deny the Festival License based on grounds of failure to cooperate with authorities, failure to obtain a license before sales, past suspension or revocation of permits, failure to pay taxes, failure to provide proof of a user's license, or other just cause.

C. Regulations.

1. License must be conspicuously posted. The approved license for the event must be posted in a conspicuous place at or near the main entrance to the event. Said license shall be in plain view at all times the event is taking place. (Ord. 2021-1, 3-8-2021)

3-3-9: FAIRS:

A. Licenses are not required.

B. It shall be unlawful to hold, sponsor, and cause to be held, or participate in a fair unless properly licensed as provided for herein.

1. License is not required for fairs which do not include the sales of products for personal consumption.

2. Organizers must comply with the city special event policy and all applicable ordinances related to special events.

3. Fairs do not include the sales of products for personal consumption.

4. The city may deny the request to hold a fair based on grounds of failure to cooperate with authorities, past suspension or revocation of licenses, or other just cause. (Ord. 2021-1, 3-8-2021)

3-3-10: CONDITIONS OF LICENSE:

Other Licenses: Nothing contained in this chapter shall limit or preempt any other license or regulation which may be required by a person under this code. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-11: INSPECTIONS:

It shall be the duty of the police department to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this chapter. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-12: SUSPENSION OF LICENSE:

Any license issued under the provisions of this chapter may be temporarily suspended by the mayor for any violation of any section or regulation hereof, and such suspension shall be in addition to any fine imposed. (Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-13: APPLICATION FOR TRANSIENT BUSINESS LICENSE:

TRANSIENT BUSINESS LICENSE APPLICATION

Return Completed Application to the City of Plano Clerk's Office

All Fields must be filled in. (If it does not apply-Enter N/A.)

Application & License Fees
	Annual Application Fee	License Fee	Frequeny	Condition		Annual Application Fee	License Fee	Frequency	Condition
Commercial Solicitor	$100.00	$30.00	30 Days	Per Salesman	Fundraisin g Event	N/A	N/A	N/A	N/A
Fair	N/A	N/A	N/A	N/A	Group Sales Event
Farmer's Market	N/A	$100.00	Annual	Market Master	Itinerant Vendor	$100.00	$30.00	30 Days	Per Vendor
Festival	N/A	$100.00	Annual	N/A	Non-Profit Event	N/A	N/A	N/A	N/A
Flea Market	N/A	$100.00	Annual	N/A	Transient Merchant	$100.00	$30.00	30 Days	Per Location

Fingerprint Fees Per Salesman, event applicant, or vendor
Live Scan Fee	$40.00

Number of Licenses Being Applied For		Number of other fees to be paid
Commercial Solicitor	Fundraising Event	Live Scan Fee
Fair	Group Sales Event	License Fee
Farmer's Market	Iterant Vendor
Festival	Non-Profit Event
Flea Market	Transient Merchant

Fees to be paid (This section to be completed by Office Personnel)
Application Fee Paid:	License Fee Paid:	Live Scan Fee Paid:
	Total Fees Paid:

Business Information
Name of Business Requesting Permit:
Years in Business:		FEIN Number:
Daytime Phone Number:		Cell Phone Number:
Address:
City:
State:
Zip Code:

Applicant Information
Applicant Name:		M/F:
Date of Birth:	Height:	Hair Color:
Daytime Phone Number:	Weight:	Eye Color:
Cell Phone Number:

Current Address:		Previous Address; (If lived at current Resident less than 3 Years)
Street:		Street:
City:		City:
State:		State:
Zip Code:		Zip Code:

Current Employer:		Previous Employer (If employed by current Employer for less then 3 Years):
Length of Employment:		Length of Employment:
Name of Employer:		Name of Employer:
Address:		Address:
City:		City:
State:		State:
Zip Code:		Zip Code:

Are you a registered Sex Offender?
Do you have any felony convictions of Illinois or federal Law of the U.S.?
Date of any Previous Applications (List City and State)
Has any previous License/Permits been revoked?
Have there been any prior Conviction/Violation of this ordinance or other in any other Illinois Municipality?
If so When and Where?

Event Information
Type of Event:
Sale/Event Dates:
Sale/Event Location:
List of goods, Foodstuffs, wares, merchandise or services offered for sale:

Food Sales Information

Food Vendor must attach Kendall County Health Permit

Food Vendors must attach evidence of Insurance (with City of Plano named as additionally Insured).

Insurance must be for an amount of not less than $100,000 for property damage and injury, including injury resulting in death caused by the operation of the business.

Motor Vehicle Information
Make of Vehicle		Body Style
License Plate#		Licensing State
Drivers name		Driver's License Number

Mobile carts, wagons, trailers, or other contrivances Information
Type
Licensed?

Any Additional Information

The undersigned does hereby state under penalties of perjury that all statements in the foregoing application are true and correct.
Date:
Signature of Applicant:
Print Name:

All Fees Payable at the City of Plano Clerk's Office located at 17 E. Main St., Plano, IL. 60545

Phone Number 630-552-8275

(Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-14: CONSENT TO CONDUCT BACKGROUND CHECK:

TO WHOM IT MAY CONCERN

I authorize and empower the City of Plano Clerk's Office to obtain, prepare, use and furnish information concerning my general reputation, personal characteristics and mode of living through correspondence or personal interviews with neighbors, friends of associates or others with whom I am acquainted or who may have knowledge concerning any of above items.

Upon written request, I understand that said Clerk's Office would provide me with information regarding the scope of the investigation if one was/is made.

CONSENT FOR YOUR BUSINESS NAME/INDIVIDUAL'S NAMES THAT HAVE BEEN APPROVED FOR A SOLICITOR'S LICENSE BE PLACED ON THE CITY WEBSITE

I also consent to my Name/Business name be placed on the City Website for the safety of the citizens of the City of Plano.

Signature:

Address:

Date:

TRANSIENT BUSINESS LICENSE APPLICATION FOR:

List name of business on application above

STATE OF ILLINOIS)

) ss

KENDALL COUNTY)

Under penalties as provided by law pursuant to Section 5/1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct.

The applicant has reviewed the City of Plano Code of Ordinances and the State of Illinois Compiled Statutes and is not disqualified by reason of any matter or thing contained in either document, being first duly sworn deposes and says that has read the above foregoing Application, caused the answers to be provided thereto, and all of the information given by on said Application is true and correct.

Signature of Applicant

Print Name

Subscribed and sworn to before me, this day of , A.D. 20

Notary Public

NOTE: In the event Applicant is a partnership, or a Limited Liability Company, the Application should be signed and sworn to in the same manner by all partners members and managers.

In the event Applicant is a corporation, the Application should be signed and sworn to by the officers and the local manager.

(Ord. 2021-1, 3-8-2021)

3-3-15: VIOLATIONS; PENALTY:

A. Penalty: Any person found liable/guilty by preponderance of the evidence of a violation of this chapter in an administrative/judicial hearing shall be subject to a fine, plus applicable hearing costs. The fine amount is not less than two hundred fifty dollars ($250.00) to a maximum fine not to exceed seven hundred fifty dollars ($750.00), plus applicable hearing costs. The city mayor/clerk may revoke the license of any applicant under this chapter for any violation of this chapter.

B. Settlement Of Violations: Any person accused of a violation of this chapter may settle and compromise this claim of violation against him by paying the fine to the city, within ten (10) days of the time such alleged violation or offense was committed.

(Ord. 2017-3, 1-9-2017; amd. Ord. 2021-1, 3-8-2021)

3-3-16: MISCELLANEOUS:

In the event of a conflict between the terms and conditions or this Chapter and any other Chapter of the Plano City Code, the terms and provisions hereof permitting and regulating Transient Business Licenses within the City shall control. (Ord. 2021-1, 3-8-2021)

3-4-1: APPLICABILITY AND APPLICATIONS FOR LICENSE:

The provisions of this chapter shall apply to all businesses, being any vocation, occupation, profession, enterprise, establishment, concern, or any other type of activity, together with all devices, machines, equipment, vehicles and appurtenances used therein, now or hereafter conducted in any zoning district of the city other than the residentially zoned districts.

Applications for all licenses and permits described herein shall be made in writing to the city clerk. Each application shall state the name of the applicant, the permit or license desired, the location to be used, and fee to be paid; in addition each application shall contain such additional information as may be needed for the proper guidance of the officials in issuing of the permit or license applied for. (Ord. 2004-16, 4-26-2004)

3-4-2: FORMS AND SIGNATURES:

Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the city clerk, and each license or permit issued shall bear the signatures of the mayor and city clerk. (Ord. 2004-16, 4-26-2004)

3-4-3: INVESTIGATION OF APPLICANT:

Upon receipt of an application for a license or permit, where the ordinances of the city necessitate an inspection or investigation before the issuance of such permit or license, the clerk shall refer such license 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. (Ord. 2004-16, 4-26-2004)

3-4-4: PAYMENT OF LICENSE FEES:

All annual fees and charges shall be paid in advance at the time application is made to the city clerk. The term of each license shall run from July 1 through June 30 of the following year. When an application for an annual license is made after the expiration of six (6) months of the current license year, the license for the remainder of the year shall be issued upon payment of one- half (1/2) the annual fee. (Ord. 2004-16, 4-26-2004)

3-4-5: LICENSE TERMS:

All general business annual licenses shall terminate on June 30, where no provision to the contrary is made.

The city clerk shall mail to all licensees of the city a statement of the time expiration of the license held by the licensee, three (3) weeks prior to the date of such expiration. 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, nor shall it be a defense in an action for operating without a license. (Ord. 2004-16, 4-26-2004)

3-4-6: TRANSFER; CHANGE OF LOCATION:

A. A general business license issued may be transferred by the original licensee provided that written notice thereof is given to the city clerk ten (10) days before the transfer is made, but no more than one transfer of any license shall be made within any license year. Provided that it shall be unlawful to transfer any transient business or liquor license and any attempted transfer of such a license shall have no effect.

B. The location of any licensed business or occupation, may be changed provided ten (10) days' notice thereof is given to the city clerk, provided that the building and zoning requirements of the ordinances are complied with. (Ord. 2004-16, 4-26-2004)

3-4-7: BUILDING AND PREMISES:

No licenses shall be issued for the conduct of any business, and no permit for any thing, or act, shall be issued if the premises and building to be used for the purpose do not fully comply with the requirements of the ordinances of the city. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance. (Ord. 2004-16, 4-26-2004)

3-4-8: POSTING OF 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 the business at all times. (Ord. 2004-16, 4-26-2004)

3-4-9: NUISANCES PROHIBITED:

No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. (Ord. 2004-16, 4-26-2004)

3-4-10: INSPECTIONS:

A. Whenever inspections of the premises used for, or in connection with, the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary 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 business to be inspected, to admit thereto for the purposes of making such 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.

B. 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 inspections, or who interferes with such officer or employee while in the performance of his duty in making such inspection. Provided, that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the city, stating that such inspection is desired at the time it is sought to make the inspection. (Ord. 2004-16, 4-26-2004)

3-4-11: PENALTY:

Any person violating any provisions of this chapter shall be fined not more than five hundred dollars ($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. (Ord. 2004-16, 4-26-2004)

3-5-1: DEFINITIONS:

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

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 on the public.

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 is 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 that otherwise would be cared for by the 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.

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

NONPROFIT ORGANIZATION: An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.

RAFFLE: A form of lottery, as defined in section 28-2(b) of the Criminal Code, being 720 Illinois Compiled Statutes 5/28-2, conducted by an organization licensed under this chapter in which:

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

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 the persons conducting or connected with the lottery; except that the winning chance shall not be determined by the outcome of a publicly exhibited 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 assistance to the general public in such a way as to confer a public benefit. (Ord. 2018-7, 1-22-2018)

3-5-2: CONSTRUCTION OF CHAPTER:

Nothing in this chapter shall be construed to authorize the conduct or operation of any gambling scheme, enterprise, activity or device other than raffles as provided for in this chapter. (Ord. 2018-7, 1-22-2018)

3-5-3: LICENSE REQUIRED:

No person shall conduct a raffle, or sell chances for a raffle, in the City without first having obtained a license therefor pursuant to the provisions of this chapter. Such licenses shall be issued pursuant and subject to the provisions of the Illinois Raffles and Poker Runs Act . Licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, education or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years 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, or to a nonprofit fundraising organization that the City Clerk, in consultation with the Mayor and City Council, determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster. (Ord. 2018-7, 1-22-2018)

3-5-4: CLASSIFICATION OF LICENSES:

A. Class A; General Raffle License: A general raffle license shall permit an organization the ability to conduct a raffle that may include multiple drawings to award prizes, but all drawings must occur on the same day and at the same location and within the confines of the same raffle event.

B. Class B; Financial Hardship Raffle License: A Class B raffle license allows a not-for-profit fund raising organization or group, organized for the sole purpose of providing financial hardship assistance to an identified individual or group of individuals suffering severe financial hardship as a result of an injury, disability, accident, or disaster, to conduct one raffle event for that purpose.

C. Class C; Annual Raffle License: An annual raffle license permits an organization to regularly conduct raffles as defined herein within twelve (12) consecutive calendar months. Such license shall permit no more than fifty two (52) raffle events per year. (Ord. 2018-7, 1-22-2018)

3-5-5: LICENSE APPLICATION:

Application for a raffle license shall be made on forms provided by the City at least fourteen (14) calendar days prior to the sale of any raffle chances. Such applications shall contain the following information:

A. Name and address of the applicant.

B. Authorized representative of the applicant.

C. Date of incorporation, where applicable.

D. Names and addresses of officers and directors.

E. The area or areas within the City in which raffle chances, tickets, and the like will be sold or issued.

F. The time period during which raffle chances will be sold or issued.

G. The maximum price which may be charged for each chance issued or sold.

H. The time of determination of winning chances and the location or locations at which winning chances will be determined.

I. A sworn statement attesting to the not for profit character of the prospective licensee organization signed by the presiding officer and the secretary of the organization.

J. A statement that the applicant agrees to comply with all laws of the State, the United States, and the City in the conduct of the raffle. (Ord. 2018-7, 1-22-2018)

3-5-6: FEE:

A license shall be issued when the requirements of this chapter have been met and a fee of twenty five dollars ($25.00) has been paid to the City and received by the City Clerk. A license authorizes the licensee to conduct one raffle. (Ord. 2018-7, 1-22-2018)

3-5-7: ISSUANCE, DENIAL OF LICENSE:

Within fourteen (14) calendar days from the date of an application for a license, the City Clerk or designee shall either issue a license or advise the applicant in writing of the reason for denial of a license. No such license shall be issued except as authorized under the Act. The City Clerk shall give notice to the Mayor and City Council not less than forty eight (48) hours before the license becomes effective. Within such forty eight (48) hour period, the Mayor or any member of the City Council may, through notice to the City Clerk, cause this issuance to be stayed. In such case the matter will be formally presented to the City Council at its next regular meeting for decision. (Ord. 2018-7, 1-22-2018)

3-5-8: RESTRICTIONS:

A. Each license is valid for one or one series of raffles (in the case of lightening and Queen of Hearts or similar raffles) only.

B. No more than six (6) raffle licenses shall be issued to any person in any calendar year.

C. The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed two million five hundred thousand dollars ($2,500,000.00). The maximum retail value of each prize by a licensee in a single raffle shall not exceed two million five hundred thousand dollars ($2,500,000.00). The City Council may authorize a higher aggregate retail value and/or retail value of a single prize upon written request of the applicant.

D. The maximum duration during which chances may be issued or sold shall be twelve (12) months prior to the drawing. The drawing shall be held at the time and location as set forth in the license. The City Council may authorize a longer duration upon written request of the applicant.

E. Each licensee shall keep records as required under the Act.

F. The conduct of raffles within the City is subject to applicable restrictions and conditions as set forth in the Raffles and Poker Runs Act.

G. In no event shall the price of each raffle chance issued or sold exceed two hundred fifty dollars ($250.00).

H. The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct the raffle.

I. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.

J. No person under the age of eighteen (18) years may participate in the conduct of raffles without the permission of a parent or guardian. 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.

K. Raffle chances may be sold or issued only at the location(s) as set forth in the license, but when specified location(s) are properties open to the public, prior approval must be obtained from the City Clerk. (Ord. 2018-7, 1-22-2018)

3-5-9: RAFFLE MANAGER; BOND:

All operation and conduct of raffles shall be under the supervision of a single raffle manager designated by the organization. The raffle manager shall give a fidelity bond in an amount not less than the anticipated gross receipts for the raffle. The bond shall be in favor of the organization and conditioned upon the raffle manager's honesty and the performance of his/her duties. The terms of the bond shall provide that notice shall be given in writing to the City not less than thirty (30) days prior to its cancellation, provided, the City Clerk may waive this bonding requirement when, due to the nature, past experience or competence of the organization involved, the City Clerk determines that such bond would be unnecessarily burdensome. The City Clerk shall give notice of such waiver to the Mayor and City Council not less than forty eight (48) hours before the license becomes effective. Within such forty eight (48) hour period, the Mayor or any member of the City Council may, through notice to the City Clerk, cause this waiver to be stayed. In such case the matter will be formally presented to the City Council at its next regular meeting for decision. (Ord. 2018-7, 1-22-2018)

3-5-10: RECORDS AND REPORTS:

A. Records Kept:

1. Each organization licensed to conduct raffles 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 of net proceeds shall be itemized as to payee, purpose, amount and date of payment.

2. Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same nonprofit organization pursuant to license thereof issued by the Department of Revenue of the State of Illinois, and placed in a separate account. Each organization shall have 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 organization.

3. Records required by this section shall be preserved for three (3) years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.

B. Reports Required: Each organization licensed to conduct raffles shall report monthly to its membership and to the City its gross receipts, expenses and net proceeds from the raffles, and the distribution of net proceeds itemized as required by this section. (Ord. 2018-7, 1-22-2018)

3-5-11: PENALTY:

Failure to comply with any of the requirements of this chapter or 230 Illinois Compiled Statutes 15/0.01 shall constitute a violation and any such person found to be in violation of any provision of this chapter or 230 Illinois Compiled Statutes 15/0.01 shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00), and each day during which a violation continues shall be deemed a separate violation. (Ord. 2018-7, 1-22-2018)

3-5-12: MISCELLANEOUS:

In the event of a conflict between the terms and conditions or this chapter and any other chapter of this Code, the terms and provisions hereof permitting and regulating raffles within the City shall control. (Ord. 2018-7, 1-22-2018)

3-6-1: LICENSE REQUIRED; COUNCIL POWERS:

It shall hereafter be unlawful for any person to operate or maintain a dance hall within the City limits without first obtaining a license therefor. (Ord. 1972-11; amd. 1989 Code)

The City Council shall have the power to issue such licenses and to revoke the same for good cause shown. (Ord. 1972-11; amd. Ord. 1976-7, 5-10-1976)

3-6-2: QUALIFICATIONS FOR LICENSE:

A license to operate or maintain a dance hall may be issued by the City Council to any citizen, firm or corporation of the State, who:

A. Submits a written application for a license, which application shall state, and the applicant shall state under oath:

1. The name, address and residence of the applicant and the length of time he has lived at that residence;

2. The place of birth of the applicant and if the applicant is a naturalized citizen, the time and place of such naturalization;

3. That the applicant has never been convicted of a felony;

4. The location of the place or building where the applicant intends to operate or maintain the dance hall.

B. Established:

1. That he is a person of good moral character; and

2. That the place or building where the dance hall is to be operated or maintained reasonably conforms to all laws and health and fire regulations applicable thereto, and is properly ventilated and supplied with separate and sufficient toilet arrangements for each sex, and is a safe and proper place or building for a public dance hall. (Ord. 1972-11)

3-6-3: LICENSE FEE:

The annual license fee shall be one hundred dollars ($100.00), payable on or before May 1 of each year. (Ord. 1972-11; amd. Ord. 1976-7, 5-10-76)

3-6-4: INVESTIGATIONS:

The City Council may cause to be made a thorough investigation to determine the fitness of the applicant and the truth of the statements made in and accompanying the application, but its decision on an application to issue or renew a license shall be rendered within thirty (30) days after the application is received. (Ord. 1972-11; 1989 Code)

3-6-5: TERM OF LICENSE, RENEWAL:

The license term shall be from May 1 to April 30 of the next year and may be renewed for periods of one year upon written application being made. (Ord. 1972-11; amd. Ord. 1976-7, 5-10-76)

3-6-6: HOURS OF OPERATION:

All dance halls subject to the provisions of this Chapter shall be open to the public only during the hours which taverns are permitted to be open under the regulations of the liquor regulations, as may be amended from time to time .

3-6-7: REVOCATION OF LICENSE, REISSUANCE:

The Mayor of the City may revoke the license of any licensee:

A. Who knowingly permits any person under sixteen (16) years of age to be present in or to frequent such dance hall, unless accompanied by his parent or legal guardian or proper escort, male or female.

B. When the dance hall is operated and maintained unreasonably and needlessly disturbs the peace of the neighborhood.

C. When disorderly or immoral practices are permitted.

D. When circumstances happen or become known to the City Council which, had they happened or been known at the time of the application for the license, would have legally justified the City Council in refusing the license.

E. When such dance hall is opened or remains open outside the hours designated by the City Council.

F. When the licensee violates any of the rules and regulations issued by the City Council.

When any license is revoked by the City Council, it shall not issue a license to operate a dance hall on such premises until after a period of three (3) months have elapsed.

3-6-8: PENALTY:

Any person who violates any provision of this Chapter or who makes a false statement concerning any material fact in submitting an application for a license or for a renewal of a license in any hearing concerning the revocation thereof, shall be punished for each offense by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). (Ord. 1972-11)

3-7-1: LICENSE REQUIRED:

It shall be unlawful for any person to lease, rent, exhibit or operate any merchandise vending machine, pinball machine, music box or juke box, video games, coin-operated pool table or other coin-operated amusement devices within the corporate limits of the City without first having obtained a license for the same from the City Clerk; provided, however, no license shall be required to operate a penny peanut, candy or gum machine or a penny scales.

3-7-2: APPLICATION FOR LICENSE:

Application for a license to lease, rent, exhibit and operate said merchandise vending machine, pinball machines, music boxes and juke boxes, video games, coin-operated pool table or other coin-operated amusement devices shall be made to the City Clerk. Said applications shall state definitely the number of and kind of machines to be licensed; the location of each machine to be licensed; and, if available, the serial number of each machine for which a license is requested. (Ord. 1948-4)

3-7-3: LICENSE FEE:

The fee for each machine shall be twenty dollars ($20.00) per year starting May 1, 1993. (Ord. 1993-14, 4-30-93)

3-7-4: TERM OF LICENSE:

All licenses granted shall expire on May 1 of the year following the date of their issuance.

3-7-5: CONTENTS OF LICENSE:

Each license issued shall contain the name of the licensee, the time covered by the same, a full description of the machines for which the license is granted, and shall be signed by the Mayor and countersigned by the City Clerk, and attested by the Seal of the City. Every person holding a license shall, upon demand, exhibit the same to any City officer.

3-7-6: NONASSIGNABILITY; TRANSFER:

No license issued under the provisions of this Chapter shall be assignable or transferable. (Ord., 7-1-46)

3-7-7: PENALTY:

Any person violating any of the provisions of this Chapter shall, upon conviction, be fined in an amount of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, in the discretion of the court. (Ord., 7-1-46; 1989 Code)

3-8-1: DEFINITIONS:

For the purposes of this chapter:

HOTEL: Every building, buildings, or structure, kept, used, maintained, advertised and held out to the public to be a place in which the public may, for consideration, obtain living quarters, sleeping, housekeeping accommodations, lodging, lodging and food, or apartments, or suites, or other accommodations offered to the public for rental on a daily basis. The term includes inns, hotels, tourist homes or courts, lodging houses, rooming houses, motels, apartment houses, and bed and breakfast establishments.

PERMANENT RESIDENT: A person who occupies or has the right to occupy any room or other hotel living accommodations, as "hotel" is defined herein, for thirty (30) consecutive days or more in such hotel, or a person who works and lives in the same hotel. (Ord. 2002-1, 1-28-2002)

3-8-2: TAX IMPOSED:

There is hereby levied and imposed a tax of three percent (3%) of the gross rental receipts from the renting, leasing or letting of a hotel or motel room within the city for each twenty four (24) hour period, or any portion thereof, for which a daily room charge is made; provided, however, that a tax shall not be levied or imposed upon any person who shall be a permanent resident.

If any hotel operator collects an amount (however designated) which purports to reimburse such operator for the hotel tax liability measured by receipts which are not subject to hotel tax, or if any hotel operator, in collecting an amount (however designated) which purports to reimburse such operator for hotel tax liability measured by receipts which are subject to tax under this act, collects more from the customer than is the operator's hotel tax liability in the transaction, then customer shall have a legal right to claim a refund of such amount from such operator. However, if such amount is not refunded to the customer for any reason, the hotel operator is liable to pay such amount to the city.

Persons subject to any tax imposed by this chapter may reimburse themselves for their tax liability for such tax by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with state tax imposed under "the hotel operators' occupation tax act".

The tax herein levied and imposed shall be paid in addition to any and all other taxes and charges. It shall be the duty of the operator to pay the amount of the tax to the treasurer of the city under procedures prescribed by the treasurer or as otherwise provided in this chapter. (Ord. 2002-1, 1-28-2002)

3-8-3: RECORD KEEPING:

Every operator shall keep separate books or records of his business as an operator so as to show the rents and occupancies taxable under this chapter separately from his transactions not taxable hereunder. If any such operator fails to keep such separate books or records, he shall be liable to tax at the rate designated in section 3-8-2 of this chapter upon the entire proceeds from his hotel.

Such records shall show every occupancy and all rent paid, charged, or due thereon and the tax payable thereon in such form as required by regulation prescribed by the state of Illinois or by the treasurer of the city of Plano, or as provided in this chapter, but shall in all instances conform to accepted accounting practices.

Such records shall be available for inspection and examination for any proper purpose at any reasonable time upon demand by the treasurer or a duly authorized agent or employee of the city, and shall be preserved for a period of five (5) years unless the treasurer shall prescribe a shorter period of time. It shall be unlawful for any person to prevent, hinder, or interfere with the treasurer or the duly authorized deputy or representative of the treasurer in the discharge of the duties of the treasurer. (Ord. 2002-1, 1-28-2002)

3-8-4: CITY TAX RETURNS:

Every operator shall file with the city treasurer, a return of occupancy and of rents and of the taxes payable thereon on forms prescribed by the treasurer and consistent with returns required under the Illinois hotel operators' occupation tax act. The return shall be due on or before the due date of the Illinois hotel operators' occupation tax return required to be filed with the Illinois department of revenue. A separate return shall be filed for each place of business within the city regardless of ownership. A copy of the Illinois state hotel operators' occupation tax return shall be provided to the city treasurer.

The first taxing period for the purpose of this chapter shall commence on May 1, 2002. Thereafter, reporting periods and tax payments shall be in accordance with the filing requirements imposed on the taxpayer by the Illinois department of revenue. At the time of filing such tax returns, the operator shall pay the full amount of all tax due hereunder.

If for any reason any tax is not paid when due, a penalty at the rate of one percent (1%) per thirty (30) day period, or portion thereof, from the date of delinquency shall be added and collected. In addition, a penalty of ten percent (10%) of the tax and interest due shall be assessed and collected against any hotel or motel owner, operator or licensee who shall fail to collect and remit the tax imposed by this chapter. (Ord. 2007-2, 1-22-2007)

3-8-5: FAILURE TO PAY, ENFORCEMENT:

Whenever any person shall fail to pay any taxes or penalty herein provided, the city attorney shall, upon request of the treasurer or the mayor, bring or cause to be brought, an action to enforce the payment of said tax on behalf of the city in any court of competent jurisdiction, and the city shall be entitled to recover, in said action all delinquent taxes, interest in penalties thereon, and the costs of such collection including all attorney fees incurred in such collection action. (Ord. 2002-1, 1-28-2002)

3-8-6: PAYMENT TO THE CITY:

All proceeds resulting from the imposition of the tax under this chapter, including interest and penalties, shall be paid into the treasury of the city, and shall be credited to and deposited in the corporate fund of the city. (Ord. 2002-1, 1-28-2002)

3-8-7: CERTIFICATE OF REGISTRATION REQUIRED:

It shall be unlawful and a violation of this chapter for any person to engage in the business of renting, leasing or letting rooms in a hotel within the city without a certificate of registration issued by the Illinois department of revenue. A copy of the said certificate of registration shall be provided to the treasurer not later than the filing due date of the first return required to be filed with the city. (Ord. 2007-2, 1-22-2007)

3-8-8: VIOLATION, PENALTY:

Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any provision of this chapter, in addition to any and all other penalties provided herein, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00). (Ord. 2002-1, 1-28-2002)

3-9-1: DEFINITIONS:

A. The phrases "video gaming terminal", "licensed establishment", "licensed fraternal establishment", "licensed veterans establishment", and "licensed truck stop establishment" shall have the meanings set forth in the Illinois video gaming act .

B. "Licensee" shall mean and include all of the establishments defined in subsection A of this section. (Ord. 2014-13, 4-14-2014)

3-9-2: IMPOSITION OF ANNUAL FEE:

Commencing upon adoption of this chapter, an annual fee of twenty five dollars ($25.00) is hereby imposed upon each video gaming terminal operated by a licensed establishment, licensed fraternal establishment, licensed veterans establishment, or licensed truck stop establishment within the city in accordance with the provisions of the Illinois video gaming act, 230 Illinois Compiled Statutes 40/1 et seq. (the "act"). The fee paid for each video gaming terminal shall be for the fiscal year May 1 through April 30, and any fee paid during a fiscal year shall apply until the end of the fiscal year in which paid. Any continuing operation of a video gaming terminal shall require the payment of a new annual fee on or before May 1 of each year for the ensuing fiscal year. (Ord. 2014-13, 4-14-2014)

3-9-3: APPLICATION FOR PERMIT:

Every licensee shall make application to the city clerk's office for a permit, and shall pay the annual fee for each video gaming terminal operated. The application shall designate the name of the licensee, its liquor license number, the location of the licensed establishment operating the video gaming terminal, the number of video gaming terminals operated at that location, and shall include a copy of the license issued by the state of Illinois for the operation of the video gaming terminal(s). No permit shall be issued to any person whose video gaming terminal is not licensed by the state of Illinois for the location for which the permit is sought. (Ord. 2014-13, 4-14-2014)

3-9-4: LIMITATIONS UPON PLACEMENT:

A. Except as to "licensed truck stop establishment", no video gaming terminal permit shall be issued to, and no video gaming terminal shall be placed or operated from within, a location that does not also have issued to it a current license for the sale of alcoholic beverages at retail by the drink for consumption on the premises.

B. Notwithstanding any greater limit which may from time to time be established by the Illinois legislature, no more than six (6) video gaming terminals shall be allowed, nor permits be issued therefor, under this chapter for each licensee at any one location. (Ord. 2014-13, 4-14-2014; amd. Ord. 2019-21, 10-14-2019)

3-9-5: PLAY BY MINORS PROHIBITED; PENALTIES:

A. No person under the age of twenty one (21) years shall be permitted to use or play a video gaming terminal, and any licensee who shall suffer or permit a person under the age of twenty one (21) years to use or play a video gaming terminal shall be subject to fine or have his or her licenses issued under this chapter suspended or revoked, after hearing before the mayor acting pursuant to the procedures applicable to hearings held pursuant to the provisions of chapter 2 of this title and the hearing provisions of the Illinois liquor control act. (Ord. 2014-13, 4-14-2014)

3-9-6: PENALTY FOR VIOLATION:

Any person, firm or corporation violating the provisions of this chapter by operation of a video gaming terminal without having obtained the permit and paid the annual fee therefor, or by operating a video gaming terminal in violation of any provision of this chapter, shall be guilty of a petty offense, and shall be fined an amount not to exceed five hundred dollars ($500.00) for each such offense, and the license or licenses shall be subject to suspension or revocation as herein provided. Each day that a video gaming terminal is operated in violation of this chapter shall constitute a separate offense. (Ord. 2014-13, 4-14-2014)

3-9-7: INSPECTION OF RECORDS:

Each licensee shall permit the inspection of the books and records of the licensee pertaining to and reflecting operation of each video gaming terminal of the licensee at the request of any law enforcement officer of the city or the state of Illinois at all reasonable times. (Ord. 2014-13, 4-14-2014)

3-10-1: DEFINITIONS:

CABLE SERVICE: That term as defined in 47 USC section 522(6).

COMMISSION: The Illinois commerce commission.

SERVICE: The provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to 220 Illinois Compiled Statutes 5/21-401.

VIDEO SERVICE: Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right of way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC section 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public internet. (Ord. 2017-8, 1-23-2017)

3-10-2: AUTHORIZATION REQUIRED:

A person or entity, including a telecommunications carrier, seeking to provide cable service or video service shall not use the public rights of way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has obtained either: a) a state issued authorization from the commission to offer or provide cable or video service under section 401 of the cable and video competition law of 2007 ; or b) a cable franchise from the city under section 11-42-11 of the Illinois municipal code . (Ord. 2017-8, 1-23-2017)

3-10-3: CABLE/VIDEO SERVICE CUSTOMER PROTECTION REGULATIONS:

A. Adoption: The regulations of 220 Illinois Compiled Statutes 5/22-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the city's boundaries.

B. Amendments: Any mandatory amendment to the cable and video customer protection law that becomes effective after the effective date of this chapter shall be incorporated into this chapter by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this chapter by reference without formal action by the corporate authorities of the city. (Ord. 2017-8, 1-23-2017)

3-10-4: ENFORCEMENT:

The city does hereby pursuant to law declare its intent to enforce all of the customer service and privacy protection standards of the cable and video protection law. (Ord. 2017-8, 1-23-2017)

3-10-5: PENALTIES:

The city does hereby declare that for any material breach of the standards and requirements of the cable and video customer protection law, as incorporated by reference in this chapter, or any applicable rights and obligations of the Illinois cable and video competition law of 2007, as enumerated in this chapter, a provider of cable service or video service shall be subject to monetary penalties which shall not exceed seven hundred fifty dollars ($750.00) for each day of the material breach, and shall not exceed twenty five thousand dollars ($25,000.00) for each occurrence of a material breach per customer. Such penalties shall be in addition to the penalties provided in the law and shall not represent the city's exclusive remedy for any material breach. All monetary penalties shall apply on a competitively neutral basis.

A. "Material breach" means any substantial failure of a service provider to comply with service quality and other applicable standards, rights and obligations specified in any provision of the law.

B. The city shall give the service provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach.

C. A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the service provider after the notice in subsection B of this section.

D. The city council hereby delegates authority to levy penalties to the mayor.

E. Any decision of the mayor to levy penalties may be appealed to the city council, which shall conduct a hearing on the alleged material breach and penalties levied therefor within twenty one (21) days following receipt of the service provider's request for an appeal. (Ord. 2017-8, 1-23-2017)

3-10-6: CUSTOMER CREDITS:

The city hereby adopts and incorporates by reference the schedule of customer credits for violations of the law provided for in the provisions of 220 Illinois Compiled Statutes 5/22-501(s). Those credits shall be applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The service provider is responsible for proactively providing the credits and the customer is under no obligation to request the credit. (Ord. 2017-8, 1-23-2017)

3-11-1: DEFINITIONS:

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

APPROVED MASSAGE SCHOOL: A facility which meets the minimum standards for training and curriculum as determined by the state of Illinois, department of financial and professional regulation.

BUILDING INSPECTOR: The person authorized by the city council to inspect property for conformance with building codes.

EMPLOYEE: Any and all persons, other than the massage therapists, who render any service to the permittee, who receive compensation directly from the permittee, and who have no physical contact with the customers or clients.

LICENSEE: The operator of a massage establishment.

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 with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT: Any establishment having a 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 of the activities mentioned in the definition of the term "massage" in this section.

MASSAGE THERAPIST: Any person licensed per 225 Illinois Compiled Statutes 57, who, for any consideration whatsoever, engages in the practice of massage.

PERSON: Any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form of character.

PUBLIC BATHHOUSE: Any place, including a private club or organization, wherein any person, firm, association, corporation or partnership engages in, conducts or carries on or permits to be engaged in, conducted or carried on, the business of giving or furnishing Russian, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths or baths of any kind whatever, excluding ordinary tub baths where an attendant is not required.

SEXUAL OR GENITAL AREA: The genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female. (Ord. 2016-16, 4-25-2016)

3-11-2: OPERATOR TO MAINTAIN REGISTER OF EMPLOYEES:

The operator of a massage establishment must maintain a register of all persons employed as massage therapists and their license numbers. Such register shall be available for inspection at all times during regular business hours. (Ord. 2016-16, 4-25-2016)

3-11-3: FACILITIES NECESSARY:

A. No license to conduct a massage establishment shall be issued unless an inspection by the building inspector reveals that the establishment complies with each of the following minimum requirements:

1. Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the applicable building code. Plumbing fixtures shall be installed in accordance with applicable plumbing code.

a. For toilet rooms, toilet room vestibules and rooms containing bathtubs, there shall be a waterproof floor covering, which will be carried up all walls to a height of at least six inches (6"). The walls of all toilet rooms and rooms containing bathtubs shall be finished to a height of six feet (6') with a smooth, nonabsorbent finish surface of cement, tile, or similar material.

b. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the building inspector.

c. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. (Exception: Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.)

d. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

2. Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet rooms. Toilets shall be designated as to the sex accommodated therein.

3. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or the vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels or hot air dryers.

4. All portions of massage establishments and baths shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than one-eighth (1/8) of the total floor area, or shall be provided with approved artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilation, at least one- half (1/2) of the total required window area shall be operable. To allow for adequate ventilation, cubicles, rooms, and areas provided for patrons' use not served directly by a required window, skylight, or mechanical system of ventilation shall be constructed so that the height of partitions does not exceed seventy five percent (75%) of the floor to ceiling height of the area in which they are located.

5. All electrical equipment shall be installed in accordance with the requirements of applicable electrical code. (Ord. 2016-16, 4-25-2016)

3-11-4: OPERATING REQUIREMENTS:

A. Every portion of a massage establishment, including appliances, apparatus, and personnel, shall be kept clean and appliances and apparatus shall be operated in a sanitary condition.

B. All employees shall be clean and shall wear suitable clean outer garments whose use is restricted to the massage establishment. Provisions of a separate dressing room for each sex must be available for each employee and for each customer. Such lockers shall be equipped with a key lock or number combination locking device. Doors to such dressing rooms shall open inward and shall be self-closing.

C. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner. No towels or sheets shall be laundered or dried in any massage establishment unless such establishment is provided with automatic laundry facilities for such laundry and drying. Covered receptacles shall be provided for the storage of soiled linens and paper towels.

D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

E. If the massage establishment is in any building used for residential or sleeping purposes, any room in which the services enumerated in the definition of the term "massage" (section 3-11-1 of this chapter) are provided, is to be used for massage and shall not be used for residential or sleeping purposes.

F. No massage establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in the definition of the term "massage", nor shall any massage establishment indicate in the text of such advertising that any service is available other than those as described in the definition of the term "massage".

G. No service enumerated in the definition of the term "massage" may be carried on within any cubicle, room, booth or any area within a massage establishment, which is fitted with a door capable of being locked.

H. The sexual or genital area of patrons must be covered by towels, clothes or undergarments when in the presence of an employee, or massage therapist. (Ord. 2016-16, 4-25-2016)

3-11-5: EMPLOYMENT OF PERSONS UNDER THE AGE OF EIGHTEEN:

It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ any person who is not at least eighteen (18) years of age. (Ord. 2016-16, 4-25-2016)

3-11-6: NAME AND PLACE OF BUSINESS; CHANGE OF LOCATION:

No person granted a license pursuant to this chapter shall operate under any name or conduct his business under any designation for any location not specified in his license. (Ord. 2016-16, 4-25-2016)

3-11-7: INSPECTION:

The police department of the city shall, upon probable cause to believe that a provision of this chapter has been violated, make an inspection of any massage establishment in the city. (Ord. 2016-16, 4-25-2016)

3-11-8: UNLAWFUL ACTIVITIES:

It shall be unlawful for any person to massage any other person or give or administer any of the other things mentioned in this chapter which violated the provisions of this chapter or which violate any municipal or state law or ordinance, including any offense as set forth in 720 Illinois Compiled Statutes 5/11-6 et seq. It shall be unlawful for any person, knowingly, in a massage establishment, to place his hand on, to touch with any part of his body, to fondle in any manner, or to massage, a sexual or genital area of any person. It shall be unlawful for any massage therapist, employee or operator to perform, offer or agree to perform any act which would require touching of the patron's genital area. (Ord. 2016-16, 4-25-2016)

3-11-9: EMPLOYMENT OF MASSAGE THERAPISTS:

It shall be the responsibility of the licensee for the massage establishment, or the employer of any persons purporting to act as massage therapists, to ensure that each person employed as a massage therapist shall first have obtained a valid state massage therapist license. (Ord. 2016-16, 4-25-2016)

3-11-10: EXCEPTIONS FROM CHAPTER REGULATIONS:

This chapter shall not include hospitals, nursing homes, sanatoriums, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or persons working under the direction of any such persons or in any such establishments, nor shall this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state. This chapter shall not apply to a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the state, or to a licensed nurse acting under the direct prescription and direction of any physician, surgeon, chiropractor or osteopath licensed by the state. (Ord. 2016-16, 4-25-2016)

3-11-11: PENALTY FOR VIOLATION OF CHAPTER:

Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or acting as a participant or worker in any way, or acting as a massage therapist, who gives massages or conducts a massage establishment or who in conjunction with the massage establishment gives or administers, or practices the giving or administering of a massage without first obtaining a massage establishment license and paying a license fee to do so from the city, or shall violate any of the provisions of this chapter, shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00). (Ord. 2016-16, 4-25-2016)

3-11-12: MASSAGE ESTABLISHMENT LICENSE REQUIRED:

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 a massage establishment, without first having obtained a massage establishment license from the mayor with the consent of the city council. (Ord. 2016-16, 4-25-2016)

3-11-13: FILING AND FEE PROVISIONS:

Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application with the city clerk upon a form provided by such city clerk and pay a filing fee of one hundred dollars ($100.00), which shall not be refundable. (Ord. 2016-16, 4-25-2016)

3-11-14: APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE:

A. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant.

B. In addition to the provisions of subsection A of this section, any applicant for a massage establishment license shall furnish the following information:

1. The two (2) previous addresses immediately prior to the present address of the applicant.

2. Written proof that the applicant is at least eighteen (18) years of age.

3. The applicant's height, weight, color of eyes and hair.

4. Two (2) portrait photographs at least two inches by two inches (2" x 2").

5. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application.

6. The massage or similar business license history of the applicant; whether such person, in previously operating in this city or another city or state under a license, has had such license removed or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

7. All criminal convictions except minor traffic violations.

8. The applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught; provided, however, that if the applicant will have no physical contact with his customer or clients he need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught.

9. Such other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in the application.

10. Nothing contained in this section shall be construed to deny to the mayor, with the consent of the city council, the right to require the fingerprints and additional photographs of the applicant, nor shall anything contained in this section be construed to deny the right of such mayor, with the consent of the city council, to confirm the height and weight of the applicant.

11. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. (Ord. 2016-16, 4-25-2016)

3-11-15: CORPORATE APPLICANT; EXEMPTION:

A. The provisions of subsections 3-11-14B1, B2, B3, B4 and B7 of this chapter, relating to requirements for corporation applicants shall not apply to any of the following:

1. A corporation, the stock of which is listed on a stock exchange in the state or the city of New York, state of New York.

2. A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity.

3. A corporation which is required by law to file periodic reports with the securities and exchange commission. (Ord. 2016-16, 4-25-2016)

3-11-16: OPERATOR OF MASSAGE ESTABLISHMENT; EXCEPTION:

A diploma from a recognized school will not be required of the operator of a massage establishment or for any employee where such operator or employee does not give a massage. (Ord. 2016-16, 4-25-2016)

3-11-17: VERIFICATION OF APPLICATION:

Every application for a license under this chapter shall be verified as provided in 735 Illinois Compiled Statutes 5/2-605 for the verification of pleadings. (Ord. 2016-16, 4-25-2016)

3-11-18: LICENSE ISSUANCE FOR A MASSAGE ESTABLISHMENT:

A. The mayor, with the consent of the city council, shall issue a license within fourteen (14) days following the completed application therefor unless the mayor, with the consent of the city council, finds that:

1. The operation, as proposed by the applicant, if permitted, would not comply with the building, health, city planning, and fire codes of the city.

2. The applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of any of the following offenses or convicted of any offense outside the state that would have constituted any of the following offenses if committed within the state: an offense involving the use of force and violence upon the person of another that amounts to a felony. The mayor, with the consent of the city council, may issue a license to any person convicted of any of the crimes described in this subsection if the mayor, with the consent of the city council, finds that such conviction occurred at least five (5) years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this section.

3. The applicant for a massage establishment license, if previously conducted a massage establishment within a municipality, engaged in, or any of the applicant's employed masseurs or masseuses engaged in, any of the unlawful activities. (Ord. 2016-16, 4-25-2016)

3-11-19: REVOCATION OR SUSPENSION OF ESTABLISHMENT LICENSE:

Any license issued for a massage establishment may be revoked or suspended by the mayor, with the consent of the city council, after a hearing, for good cause, or in any case where any of the provisions of this chapter are violated or where any employee of the licensee, including a massage therapist, is engaged in any conduct which violated any state or local laws or ordinances at licensee's place of business, and the licensee has actual or constructive knowledge of such violations or the licensee shall have actual or constructive knowledge by due diligence, or in any case, where the licensee refuses to permit any duly authorized police officer of the city to inspect the premises or the operations therein, after a hearing before the administrative/health and safety committee, after seven (7) days' notice in writing of the time, date, and place of such hearing has been mailed to the licensee wherein evidence of such cause for revocation or suspension shall be heard. (Ord. 2017-7, 1-23-2017)

3-11-20: SALE OR TRANSFER:

Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void; provided, however, that upon the death or incapacity of the licensee, the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the license. (Ord. 2016-16, 4-25-2016)

3-11-21: DISPLAY OF LICENSE:

Every person to whom or for whom a massage establishment license shall have been granted pursuant to the provisions of this chapter shall display such license in a conspicuous place within the massage establishment so that the license may be readily seen by persons entering the premises. (Ord. 2016-16, 4-25-2016)

3-11-22: FEES:

A. Every licensee who conducts or assists in conducting or permitting any massage establishment shall pay to the city clerk a license fee of two hundred dollars ($200.00) annually, payable in advance.

B. The license fee prescribed in this section is due and payable upon receipt of the license and on the anniversary date each year thereafter. (Ord. 2016-16, 4-25-2016)

3-11-23: ZONING:

Massage establishments shall be allowed as permitted uses in the B-3 general business district, B-4 business/wholesale district, and B-5 service business district. (Ord. 2016-16, 4-25-2016)

3-13-1: DEFINITIONS:

APPROVED IDENTIFICATION: Any one of the following validly issued and unexpired forms of identification, which includes a photograph of the person: a) a United States passport, b) a state driver's license, c) a state issued identification card, d) a military identification card, or e) a United States permanent resident card.

AUDIO-VIDEO EQUIPMENT: Items which include any stereo, speaker, radio, video recorder, video camera, camera, television, tape or disk player, MP3 player or satellite signal device.

INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article.

PAWNBROKER: Any person who lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property.

PERSON: A natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust or organization; or the manager, lessee, agent, servant, officer or employee of any of them.

PRECIOUS METALS: Any item containing gold (chemical symbol Au), silver (chemical symbol Ag), platinum (chemical symbol Pt), palladium (chemical symbol Pd), or rhodium (chemical symbol Rh) or any combination of gold, silver, platinum, palladium, or rhodium, but not including items containing any chemical or any automotive, photographic, electrical, medical or dental materials, or electronic parts, except for those containing precious metals.

RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, audio-video equipment 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 or metals, whether in bulk or manufactured state.

A. The term "resale dealer" shall include, but not be limited to, businesses commonly known as swapshop operators, cash for gold operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers possessing a federal employee identification number and suppliers and engage in disassembling for purposes other than appraisals, melting, or otherwise altering jewelry. The term "resale dealer" shall not include pawnbrokers, providers of commercial mobile services as defined in 47 USC 332(d) or their authorized dealers, or retail merchants that do not purchase previously owned items directly from the public at the retail location.

B. The fact that any business does any of the following acts shall be prima facie proof that such business is a resale dealer:

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

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

USED: Any goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to, jewelry, stamps, coins, audio-video equipment, or any precious metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. (Ord. 2015-12, 4-13-2015)

3-13-2: LICENSE REQUIRED:

A. No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated as a pawnbroker or resale dealership without first having obtained a license from the city to do so. The requisite fee shall accompany all original or renewal applications. Each license shall commence on January 1 and shall terminate on December 31 next following the date of issuance. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be.

B. It shall also not be lawful for an individual or business entity to conduct business in the city using the word "pawn", "pawnshop" or "pawnbroker" in connection with a business or to transact business in the city in a manner which has a substantial likelihood of misleading the public by implying that the business is a pawnshop, without first obtaining a license from the city as provided in this chapter. (Ord. 2015-12, 4-13-2015)

3-13-3: RESALE DEALER EXEMPTIONS:

The following activities shall be exempt from the requirements of this chapter for resale dealers:

A. Residential garage sales.

B. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been active and in continuous existence for at least one year prior to the holding of the sale, or which are exempt from taxation under section 501(c) of the internal revenue code.

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. Consumer shows or exhibitions of collectibles other than a show or convention that offers to buy secondhand jewelry from attendees.

E. Sales by auctioneers.

F. Sales by pawnbrokers holding a license pursuant to this chapter.

G. Sales of recyclable metal by a recyclable metal dealer.

H. Sales of recyclable materials by a scavenger.

I. Sales or trades of used books between a customer and owner of a used bookstore.

J. Sales by providers of commercial mobile services as defined in 47 USC 332(d) or their authorized dealers. (Ord. 2015-12, 4-13-2015)

3-13-4: NUMBER OF LICENSES TO BE ISSUED:

The number of pawnbroker licenses shall not exceed two (2) in number and the number of resale shop licenses shall not exceed ten (10) in number. (Ord. 2015-12, 4-13-2015)

3-13-5: APPLICATION:

An application for a license required by this chapter shall be made in writing under oath to the city clerk on a form prescribed by the city clerk. All references to the city clerk in this chapter shall be deemed to include the city clerk or his or her authorized designee. Each application shall include, but not be limited to, the following information:

A. The name of the individual, partnership, corporation, limited liability company, or association applying for a license.

B. The residence, phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association or limited liability company, the residence, phone number and driver's license number of the officers and all shareholders or members owning more than five percent (5%) of the outstanding shares of stock, or more than a five percent (5%) ownership interest in the limited liability company.

C. The location for which the license is requested.

D. Whether the applicant, its partners, officers or listed shareholders or members 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.

E. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders or members owning more than five percent (5%) of the outstanding shares of stock or ownership interest in a limited liability company.

F. Whether the applicant, its partners, officers or listed shareholders or members 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 used property revoked for cause, and, if so, list the date of revocation and jurisdiction.

G. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. (Ord. 2015-12, 4-13-2015)

3-13-6: FEES:

The applicant for a pawnbroker or resale dealer license required by this chapter shall pay the city clerk at the time of filing an application a license fee of two hundred dollars ($200.00) per calendar year or part thereof. Should the license be denied, the license fee shall be refunded to the applicant. (Ord. 2015-12, 4-13-2015)

3-13-7: INVESTIGATION OF APPLICANT:

Upon receipt of an application for a license under this chapter, the city clerk shall cause a copy thereof to be sent to the chief of police who shall report back to the city clerk in thirty (30) days whether the applicant is in accordance with applicable city codes. The investigation by the chief of police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders or members owning more than five percent (5%) of the outstanding shares of stock or ownership interest in a limited liability company. (Ord. 2015-12, 4-13-2015)

3-13-8: BOND PREREQUISITE TO ISSUANCE:

Every applicant for a license under this chapter shall file with the city a license and permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the city attorney, with the city as obligee, conditioned for the faithful and due performance of the provisions of this chapter 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. (Ord. 2015-12, 4-13-2015)

3-13-9: ISSUANCE:

Upon receipt of the report from the chief of police, the city clerk shall issue the license requested under this chapter unless it is determined that:

A. The applicant is under the age of eighteen (18).

B. The location requested is not in a permanent structure.

C. The applicant plans to operate as an itinerant merchant as that term is defined in section 3-3-1 of this title.

D. The applicant, its partners, officers or listed shareholders or members have been convicted of or have pled 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 such time.

E. The location requested and structure to be used would not comply with all applicable laws including, but not limited to, the Plano zoning ordinance.

F. The applicant, its partners, officers or listed shareholders or members 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 used property which was revoked for cause.

G. The applicant, its partners, officers or listed shareholders or members have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application.

H. The application has not been properly completed and/or the licensing fee required in this chapter has not been paid.

I. An investigation reveals that the applicant has falsified information on the application.

J. There is an outstanding code violation on the proposed premises, unless the applicant can provide satisfactory evidence that the condition will be corrected within a reasonable time, and the conduct of the business pending the correction of such condition will not endanger the public health, safety or welfare.

K. Failure to comply with other provisions of this chapter or applicable requirements of law.

L. There is no license currently available. (Ord. 2015-12, 4-13-2015)

3-13-10: POSTING:

Every license issued under the provisions of this chapter 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. (Ord. 2015-12, 4-13-2015)

3-13-11: TRANSFER:

A. No license issued under this chapter may be transferred to any other person.

B. No corporate or limited liability company licensee shall permit any transfer of its stock or membership which would vest in aggregate more than five percent (5%) of the stock or membership interests outstanding in such corporation or limited liability company in any shareholder or member unless such shareholder or member has been certified by the city clerk as meeting the requirements of this chapter. (Ord. 2015-12, 4-13-2015)

3-13-12: CHANGE OF LOCATION:

No pawnbroker or resale dealer shall carry on any business required to be licensed under this chapter except at the location designated on the license. Should the resale dealer 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 chapter, the ordinances of the city or any other applicable requirements of law. (Ord. 2015-12, 4-13-2015)

3-13-13: HOURS OF OPERATION:

No pawnbroker/resale dealer shall purchase, accept or take or receive in pawn any goods, wares, articles or things whatsoever or resale dealer shall purchase any goods, wares, articles or things whatsoever, from any person before the hour of six o'clock (6:00) A.M. or after the hour of nine o'clock (9:00) P.M. (Ord. 2015-12, 4-13-2015)

3-13-14: PROHIBITED PURCHASES:

No pawnbroker/resale dealer under this chapter shall purchase, accept or take or receive in pawn any goods, wares, articles, or things or resale dealer under this chapter 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.

C. Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address, phone number, and a photograph, as required in this chapter.

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 such number.

E. Where the seller is known to be a thief or has been convicted of theft, burglary, robbery or possession of stolen property. A law enforcement officer may provide such criminal conviction information to a pawnbroker. When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same. (Ord. 2015-12, 4-13-2015)

3-13-15: PURCHASING, SELLING WEAPONS PROHIBITED:

No pawnbroker or resale dealer 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 the licensee also possesses a valid and current license for such deadly weapon as provided by state and federal law. (Ord. 2015-12, 4-13-2015)

3-13-16: PAWNBROKER SALES AND REDEMPTIONS REGULATED:

A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of three percent (3%) per month. Nothing in this section shall be construed so as to conflict with the law pertaining to usury, and the person receiving money so advanced may hold such monies to pay any fees in addition to interest as herein provided.

B. Each pawnbroker, when making a loan, must disclose, in printed form on the pawn contract, the following information to the persons receiving the loan:

1. The amount of money advanced, which must be designated as the amount financed;

2. The maturity date of the pawn, which must be at least thirty (30) days after the date of the pawn;

3. The total pawn interest and the total service charge payable on the maturity date, and the total of both which must be designated as the finance charge;

4. The total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and

5. The annual percentage rate, computed according to the regulations adopted by the board of governors of the federal reserve system under the federal truth in lending act.

C. Each pawnbroker may contract for and receive a monthly finance charge, including interest and fees, not to exceed one-fifth (1/5) of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers including enhanced computerized reporting, complying with regulatory requirements and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law.

D. If the pawner or a pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of thirty (30) days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties, provided the terms comply with the requirements of this chapter.

E. Every pawnbroker shall, at the time of each advancement or each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note, signed by him or her, containing an identifying pledge number and the substance of the entry required to be made in the pawnbroker's record book required by this chapter, and no charge shall be made or received by any pawnbroker, loan broker or keeper of a loan office for any such entry, memorandum or note.

F. Every pawnbroker shall for each article pledged attach thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge.

G. It shall be unlawful for any person to sell or pledge any property to a pawnbroker that is not owned by the person selling or pledging such property. (Ord. 2015-12, 4-13-2015)

3-13-17: RECORDS OF PURCHASES:

Throughout the term of the license, every pawnbroker and resale dealer shall report/upload to LeadsOnline, or the city's current electronic reporting system, each day before the hour of twelve o'clock (12:00) noon, the below listed information for each and every transaction conducted during each day they were open for business. All information shall be recorded in the English language.

A transaction shall consist of all articles brought into a pawnbroker or resale dealer for sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and includes the sale of non-junk/scrap articles by a pawnbroker or resale dealer to another person. Articles brought into a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively.

Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period.

A. Transactions involving individually identifiable articles.

1. Purchases/receipts by licensees. Each individually identifiable article brought into a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter or trade during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following:

a. Type of article.

b. Brand name/make/manufacturer (if applicable).

c. Model number (if applicable).

d. Serial number (if applicable).

e. Color/finish.

f. Any other identifying marks, writing, engraving, etc.

2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics.

3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) driver's license or state identification card issued by the Illinois secretary of state, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported.

4. The date and time of the transaction.

5. A signed statement of the person from whom the property was obtained that he or 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.

B. Transactions involving nonindividually identifiable articles.

1. Nonindividually identifiable articles may be recorded or reported in bulk, but must specify the weight, type and form of the bulk material.

2. Each different type and form of nonindividually identifiable articles brought into a pawnbroker or resale dealer by an individual for sale, barter or trade during a transaction shall be associated with the person who brought the material in.

4. A digital photograph or, if the licensee has a video system, video segment of each individual type and form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the city's current electronic reporting system.

5. The date and time of the transaction.

6. A signed statement of the person from whom the property was obtained that he or 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.

C. Paper money shall be exempt from the requirements of this chapter.

D. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or nonoperation, be required to keep written records of any and all transactions made during the period of malfunction or nonoperation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the city's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by any police officer during regular business hours. (Ord. 2015-12, 4-13-2015)

3-13-18: REPORTS TO CHIEF OF POLICE:

A. The police department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect pawnbrokers and resale dealers and members of the general public. In the event of a change to its electronic reporting system, the city will notify all impacted licensees of the change within a reasonable time prior to such change.

B. Every pawnbroker and resale dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic reporting requirements described in this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this chapter. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings.

C. No pawnbroker or resale dealer shall be required to furnish such description of any new property purchased by the pawnbroker or resale dealer from manufacturers, other retailers 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 shall at all times during the pawnbroker or resale dealer's business hours be open to the inspection of members of the city's police department. (Ord. 2015-12, 4-13-2015)

3-13-19: INSPECTION OF PREMISES:

Every pawnbroker or resale dealer under this chapter and every person employed by him or it in the conduct of business shall admit to any and every part of the premises designated in the license, during the resale dealer's business hours, any police officer of the city to examine compliance with the city's electronic reporting system required in section 3-13-17 of this chapter. (Ord. 2015-12, 4-13-2015)

3-13-20: WAITING PERIOD:

A. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of any individually identifiable article within ten (10) days of the time of purchasing or receiving the same.

B. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of any nonindividually identifiable jewelry or other nonindividually identifiable articles, except paper money, within seven (7) days of the time of purchasing or receiving the same.

C. All items subject to this section shall be stored at the location in which they were purchased during the waiting period. (Ord. 2015-12, 4-13-2015)

3-13-21: REMOVAL OF IDENTIFYING MARKS PROHIBITED:

No pawnbroker or resale dealer shall remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received by the pawnbroker or resale dealer. (Ord. 2015-12, 4-13-2015)

3-13-22: VIDEO CAMERA SURVEILLANCE REQUIRED:

Each pawnbroker and resale dealer shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of the pawnbroker or resale dealer's customers and shall retain the videotape recordings produced therefrom for at least thirty (30) days. (Ord. 2015-12, 4-13-2015)

3-13-23: INVENTORY SYSTEM:

Every pawnbroker and resale dealer shall maintain an inventory system of all property purchased or received in such a manner that members of the city's police department making an inspection pursuant to this chapter can readily ascertain the identity of such property and readily locate such property on the licensed premises. (Ord. 2015-12, 4-13-2015)

3-13-24: SUSPENSION OR REVOCATION:

A. Revocation/Suspension Of License: In addition to any other penalty which may be authorized by this chapter or other city ordinances, a license may be suspended or revoked for:

1. Failure of the pawnbroker or resale dealer licensee, its officers, agents or employees to comply with any provision of this chapter, any other applicable ordinances, the laws of the state, federal laws or other applicable legal requirements;

2. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders or members have been convicted of any offense set forth in subsection 3-13-9D of this chapter; or

3. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders or members have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation on any application.

4. The pawnbroker or resale dealer shall be responsible for the acts of its agents, servants and employees in the operation of the business.

B. Written Order: If the mayor has reason to believe that any continued operation of the premises will immediately threaten the welfare of the community, the mayor may, upon issuance of a written order stating the reason for such conclusion and without notice of hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.

C. Notice And Hearing: No license shall be revoked or suspended except after a public hearing by the mayor with a five (5) business day written notice to the licensee affording the licensee an opportunity to appear and defend.

D. Order Of Revocation Or Suspension: The mayor shall, within five (5) business days after such hearing, if the mayor determines after such hearing that the license should be revoked or suspended, state the reasons for such determination in a written order of revocation or order of suspension and shall serve a copy of such order within five (5) days thereafter upon such licensee. (Ord. 2015-12, 4-13-2015)

3-13-25: PENALTY FOR VIOLATION:

A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the city, shall be punished by a fine in an amount of not less than seven hundred fifty dollars ($750.00) for each offense, plus reasonable attorney fees incurred by the city and/or the mayor, together with reasonable costs, including court reporter fees, incurred at the hearing.

B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.

C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the city to suspend, revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law. (Ord. 2015-12, 4-13-2015)

3-13-26: SEVERABILITY:

If any provision, cause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. (Ord. 2015-12, 4-13-2015)

3-14-1: DEFINITIONS:

ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS: Includes an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization and transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.

ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder. (Ord. 2019-30, 12-16-2019)

3-14-2: ADULT-USE CANNABIS:

A. Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city of Plano. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

B. Adult-Use Cannabis Craft Grower: In the M-1 and M-2 Zoning Districts, and as a special use in the B-3, B-4 and B-5 Zoning Districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

1. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

2. For purposes of determining required parking, adult-use cannabis craft grower shall be subject to the off-street parking and loading provisions of Chapter 10 of Title 5 of this code.

3. Petitioner shall file an affidavit with the city affirming compliance with provisions and conditions of this chapter and Chapter 5 of this code and all other requirements of the Act.

C. Adult-Use Cannabis Cultivation Center: In the M-1 and M-2 Zoning Districts, and as a special use in the B-4 and B-5 Zoning Districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

1. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

2. For purposes of determining required parking, adult-use cannabis craft grower shall be subject to the off-street parking and loading provisions of Chapter 10 of Title 5 of this code.

3. Petitioner shall file an affidavit with the city affirming compliance with provisions and conditions of this chapter and Chapter 5 of this code and all other requirements of the Act.

D. Adult-Use Cannabis Dispensing Organization: In the B-4, B-5, M-1 and M-2 Zoning Districts and as a special use in the B-3 district in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

1. Facility must be located in accordance with state statue, HB 1438, The Cannabis Regulation and Tax Act.

2. Facility may not be located in a residential dwelling unit.

3. At least seventy five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division I below in the same tenant space.

4. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

5. On-site consumption is prohibited.

6. Number And Distance Between: No more than two (2) adult-use cannabis dispensing organizations shall be allowed or permitted in the city and the distance between adult-use cannabis dispensing organizations shall be not less than one thousand five hundred feet (1,500').

7. For purposes of determining required parking, said facilities shall be subject to the off-street parking and loading provisions of Chapter 10 of Title 5 of this code.

8. Petitioner shall file an affidavit with the city affirming compliance with provisions and conditions of this chapter and Chapter 5 of this code and all other requirements of the Act.

E. Adult-Use Cannabis Infuser Organization: In the M-1 and M-2 Zoning Districts, and as a special use in the B-3, B-4 and B-5 Zoning Districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

1. Facility may not be located in a residential dwelling unit.

2. At least seventy five percent (75%) of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3. For purposes of determining required parking, said facilities shall be subject to the off-street parking and loading provisions of Chapter 10 of Title 5 of this code.

4. Petitioner shall file an affidavit with the city affirming compliance with provisions and conditions of this chapter and Chapter 5 of this code and all other requirements of the Act.

F. Adult-Use Cannabis Processing Organization Or Processor: In the M-1 and M-2 Zoning Districts, and as a special use in the B-3, B-4 and B-5 Zoning Districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

1. Facility may not be located in a residential dwelling unit.

2. At least seventy five percent (75%) of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3. For purposes of determining required parking, said facilities shall be subject to the off-street parking and loading provisions of Chapter 10 of Title 5 of this code.

4. Petitioner shall file an affidavit with the city affirming compliance with provisions and conditions of this chapter and Chapter 5 of this code and all other requirements of the Act.

G. Adult-Use Cannabis Transporting Organization: If the transporting organization has a physical address within the city, it may be located in the M-1 and M-2 Zoning Districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

1. Facility may not be located in a residential dwelling unit.

2. The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3. For purposes of determining required parking, said facilities shall be subject to the off-street parking and loading provisions of Chapter 10 of Title 5 of this code.

4. Petitioner shall file an affidavit with the city affirming compliance with provisions and conditions of this chapter and Chapter 5 of this code and all other requirements of the Act.

H. Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with and in accordance with all of the requirements of the Act.

I. Co-Location Of Cannabis Business Establishments. Permitted in accordance with the requirement and restrictions contained in state statue, HB 1438, The Cannabis Regulation and Tax Act.

J. Advertising: No cannabis business establishment nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or a cannabis-infused product in any form or through any medium within one thousand feet (1,000') of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons twenty one (21) years of age or older. (Ord. 2019-30, 12-16-2019)

3-15-1: TAX IMPOSED; RATE:

A. A tax is hereby imposed upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the city, at the rate of three percent (3%) of the gross receipts from these sales made in the course of that business.

B. The imposition of this tax is in accordance with the provisions of section 8-11-23 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/8-11-23. (Ord. 2019-20, 9-23-2019; amd. Ord. 2025-18, 9-22-2025)

3-15-2: COLLECTION OF TAX BY RETAILERS:

A. The tax imposed by this chapter shall be remitted by such retailer to the Illinois Department of Revenue (Department). Any tax required to be collected pursuant to or as authorized by this chapter and any such tax collected by such retailer and required to be remitted to the Department shall constitute a debt owed by the retailer to the state. Retailers may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any state tax that sellers are required to collect.

B. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Department shall have full power to administer and enforce the provisions of this chapter. (Ord. 2019-20, 9-23-2019)

3-15-3: SEVERABILITY:

If any provision of this chapter, or the application of any provision of this chapter, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this chapter, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this chapter. (Ord. 2019-20, 9-23-2019)

3-16-1: DEFINITIONS:

Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:

CITY:	The City of Plano, Kendall County, Illinois.
PERSON:	Any natural, individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, limited liability company, municipal corporation, the State or any of its political subdivisions, any State university created by statute, or a receiver, trustee, conservator or other representative appointed by order of any court.
PERSON MAINTAINING A PLACE OF BUSINESS IN THIS STATE:	Any person having or maintaining within this State, directly or by a subsidiary or other affiliate, an office, generation, facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this State under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this State.
PURCHASE AT RETAIL:	Any acquisition of electricity by a purchaser for purposes of use or consumption, and not for resale, but shall not include the use of electricity by a public utility, as defined in Section 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8-11-2), directly in the generation, production, transmission, delivery or sale of electricity.
PURCHASER:	Any person who uses or consumes, within the corporate limits of the City of Plano, Kendall County, Illinois, electricity acquired in a purchase at retail, other than an exempt purchaser.
TAX COLLECTOR:	The person delivering electricity to the purchaser. (Ord. 2024-16, 4-8-2024)

3-16-2: MUNICIPAL UTILITY TAX IMPOSED ON USE OR CONSUMPTION OF ELECTRICITY:

A. Pursuant to Section 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8-11-2) and any and all other applicable authority, a tax is imposed upon the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the City at the following rates, calculated on a monthly basis for each purchaser:

1. For the first 2,000 kilowatt-hours used or consumed in a month; 0.61 cents per kilowatt-hour;

2. For the next 48,000 kilowatt-hours used or consumed in a month; 0.40 cents per kilowatt-hour;

3. For the next 50,000 kilowatt-hours used or consumed in a month; 0.36 cents per kilowatt-hour;

4. For the next 400,000 kilowatt-hours used or consumed in a month; 0.35 cents per kilowatt-hour;

5. For the next 500,000 kilowatt-hours used or consumed in a month; 0.34 cents per kilowatt-hour;

6. For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.32 cents per kilowatt-hour;

7. For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.315 cents per kilowatt-hour;

8. For the next 5,000,000 kilowatt-hours used or consumed in a month; 0.31 cents per kilowatt-hour;

9. For the next 10,000,000 kilowatt-hours used or consumed in a month; 0.305 cents per kilowatt-hour; and

10. For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month, 0.30 cents per kilowatt-hour.

B. The tax is addition to all taxes, fees and other revenue measures imposed by the City of Plano, the State of Illinois, or any other political subdivision of the State.

C. Notwithstanding any other provision of this chapter, the tax shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution or statutes of the United States or the Constitution of the State of Illinois.

D. The tax shall be imposed with respect to the use or consumption of electricity by customers beginning with the first bill issued on or after May 1, 2024.

E. The use or consumption of electricity within the City by units of local government or school districts shall be exempt from the tax imposed under this chapter.

F. If subsection E of this chapter or the application thereof is held unconstitutional or otherwise invalid, the amount of tax due as a consequence of such holding shall be limited to the amount that the taxpayer is authorized to charge and collect from school districts and units of local government located within the corporate limits of this municipality pursuant to the provisions of Section 9-221 of the Public Utilities Act (220 ILCS 5/9-221), or any successor thereof. (Ord. 2024-16, 4-8-2024)

3-16-3: COLLECTION OF TAX:

A. Subject to the provisions of Section 3-16-5 of this chapter regarding the delivery of electricity to resellers, the tax imposed under this chapter shall be collected from purchasers by the person maintaining a place of business in this State who delivers electricity to such purchasers. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and is recoverable at the same time and in the same manner as the original charge for delivering the electricity.

B. Any tax required to be collected by this chapter, and any tax in fact collected, shall constitute a debt owed to the City of Plano, Kendall County, Illinois, by the person delivering the electricity, provided, that the person delivering electricity shall be allowed credit for such tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax.

C. Persons delivering electricity shall collect the tax from the purchaser by adding such tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to such gross charge an amount equal to three percent (3%) of the tax they collect to reimburse them for their expenses incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the City of Plano, Kendall County, Illinois, upon request. For purposes of this chapter, any partial payment of a billed amount not specifically identified by the purchaser shall be deemed to be for the delivery of electricity. (Ord. 2024-16, 4-8-2024)

3-16-4: TAX REMITTANCE AND RETURN:

A. Every tax collector shall on a monthly basis file a return in a form prescribed by the City Treasurer of the City of Plano, Kendall County, Illinois. The return and accompanying remittance shall be due on or before the last day of the month following the month during which the tax is collected or is required to be collected under Sections 3-16-3 and 3-16-4 of this chapter.

B. If the person delivering electricity fails to collect the tax from the purchaser or is excused from collecting the tax under Section 3-16-5 of this chapter, then the purchaser shall file a return in a form prescribed by the City Treasurer of the City of Plano, Kendall County, Illinois, and pay the tax directly to the City Collector of the City of Plano, Kendall County, Illinois, on or before the last day of the month following the month during which the electricity is used or consumed. (Ord. 2024-16, 4-8-2024)

3-16-5: RESALES:

A. Electricity that is delivered to a person in the City of Plano, Kendall County, Illinois, shall be considered to be for use and consumption by that person unless the person receiving the electricity has an active resale number issued by the City Treasurer of the City of Plano, Kendall County, Illinois, and furnishes that number to the person who delivers the electricity, and certifies to that person that the sale is either entirely or partially nontaxable as a sale for resale.

B. If a person who receives electricity in the City of Plano, Kendall County, Illinois, claims to be an authorized reseller of electricity, that person shall apply to the City Treasurer, of the City of Plano, Kendall County, Illinois, for a resale number. The applicant shall state facts showing why it is not liable for the tax imposed by this chapter on any purchases of electricity and shall furnish such additional information as the City Treasurer of the City of Plano, Kendall County, Illinois, may reasonably require.

C. Upon approval of the application the City Treasurer, of the City of Plano, Kendall County, Illinois, shall assign a resale number to the applicant and shall certify the number to the applicant.

D. The City Treasurer, of the City of Plano, Kendall County, Illinois, may cancel the resale number of any person if the person fails to pay any tax payable under this chapter for electricity used or consumed by the person, or if the number: (1) was obtained through misrepresentation, or (2) is no longer necessary because the person has discontinued making resales.

E. If a reseller has acquired electricity partly for use or consumption and partly for resale, the reseller shall pay the tax imposed by this chapter directly to the City Collector of the City of Plano, Kendall County, Illinois, pursuant to subsection 3-16-4B of this chapter on the amount of electricity that the reseller uses or consumes, and shall collect the tax pursuant to section 3-16-4 of this chapter and remit the tax pursuant to subsection 3-16-4A of this chapter on the amount of electricity delivered by the reseller to a purchaser.

F. Any person who delivers electricity to a reseller having an active resale number and complying with all other conditions of the section shall be excused from collecting and remitting the tax on any portion of the electricity delivered to the reseller, provided that the person reports to the City Collector the total amount of electricity delivered to the reseller, and such other information that the City Treasurer of the City of Plano, Kendall County, Illinois, may reasonably require. (Ord. 2024-16, 4-8-2024)

3-16-6: BOOKS AND RECORDS:

Every tax collector, and every taxpayer required to pay the tax imposed by this chapter, shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this chapter. The books and records shall be subject to and available for inspection at all times during business hours of the day. (Ord. 2024-16, 4-8-2024)

3-16-7: CREDITS AND REFUNDS:

Notwithstanding any other provisions of this chapter in order to permit sound fiscal planning and budgeting by the City, no person shall be entitled to a refund of, or credit for, a tax imposed under this chapter unless the person files a claim for refund or credit within one year after the date on which the tax was paid or remitted. (Ord. 2024-16, 4-8-2024)

3-16-8: PENALTY:

Any taxpayer who fails to make a return or who makes a fraudulent return or who willfully violates any other provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) per offense and in addition thereto, shall be liable in a civil action for the amount of the tax due. (Ord. 2024-16, 4-8-2024)

3-3A-1: DEFINITIONS:

The words and terms set forth in this section, wherever they occur in this chapter, shall be construed as herein defined:

EDIBLE FOOD PRODUCTS:	Products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption.
LOCATION:	Any single parcel or any combination of contiguous parcels owned or controlled by a single entity or affiliated entities.
LOT, IMPROVED:	A platted lot or parcel of land upon which a building, structure or other primary use, as defined by the zoning ordinance, exists.
LOT, UNIMPROVED:	A platted lot or parcel of land upon which no structure or uncompleted structure exists.
MOBILE FOOD VENDOR VEHICLE:	A vehicle, from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public. Nothing precludes the sales of prepackaged food items. For the purposes of this chapter, this shall also include pushcarts. (Ord. 2024-21, 5-13-2024)

3-3A-2: CITY OF PLANO MOBILE FOOD VENDOR LICENSE REQUIRED:

Every person desiring to engage in mobile food vendor services on public property owned by the City or within the City's public right-of-way including streets, roadways, alleys, sidewalks and parks, are hereby required to make written application for a City of Plano Mobile Food Vendor. It shall be unlawful for any person to engage in mobile food vendor services without having first obtained said Plano City Mobile Food Vendor License. Said license shall be carried by the applicant while engaged in mobile food vendor services and shall be displayed at all times in a place readily visible to all customers.

A. Fees:

1. The City of Plano Mobile Food Vendor License fee shall be twenty-five dollars ($25.00) per year. Said fee shall be paid at the time of application.

2. All fees are nonrefundable.

3. The Mobile Food Vendor License fee is waived if (a) the mobile food vendor is participating in a city-sponsored special event or in any special event in which a vendor fee is charged by the event organizer, or (b) the mobile food vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the City with a "tax exempt number" and written proof of its "tax exempt status".

B. Term: The term for mobile food vendor licenses shall commence on January 1 and shall expire on December 31 of each year.

C. Application:

1. It shall be unlawful for any person or entity to operate as a mobile food vendor on property owned by the City including streets, roadways, alleys, sidewalks, parks, or rights-of-way within the City without first having obtained a Mobile Food Vendor License from the office of the City Clerk. Applications for a Mobile Food Vendor License shall be on forms prepared and kept on file by the City Clerk. The applicant shall truthfully state in full the information requested on the application, including but not limited to the following:

a. Name, Residence And Type Of Business: Applicant name, present place of residence, phone number, business name, business address, type of business, length of time in type of business being applied for;

b. Drivers Or Operators: Name, address, phone number for all drivers or operators of the mobile vendor vehicles;

c. Identification: Copy of current state photo identification or driver's license from all applicants, members, partners, officers, drivers, and operators;

d. Description Of Mobile Food Vendor Services: Description sufficient for identification of the mobile food service provided by the vendor which the applicant will engage in;

e. Tax Identification Number: Each applicant shall produce an Illinois Department of Revenue identification number for the retailers' occupation tax. No license shall be issued if the applicant does not have an identification number except that no identification number shall be required if a mobile food vendor is sponsored by or working for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the City with a "tax exempt number" and written proof of its "tax exempt status"; and

f. Revocation History: Whether a Business License issued to the applicant under this article has ever been revoked.

D. General Requirements:

1. Tax Requirements: Mobile food vendors must comply with all federal, state, county and local business tax, sales tax and other tax requirements.

2. Health Certificate: Mobile food vendors shall be required to obtain a health inspection certificate from the Kendall County Public Health Department. Said certificate shall be required to do business under a business license under this title in the City of Plano.

3. Insurance: The applicant shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate of at least one million dollars ($1,000,000.00) covering the applicant's operations. Such insurance shall name the City of Plano as additional insured. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days' prior written notice to the City's Clerk's office.

E. Denial, Suspension Or Revocation:

1. No permit or license shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other state of federal law in the United States, within five (5) years of the date of application; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person whose permit or license issued hereunder has been previously revoked, as herein provided.

2. Any license issued under the provisions of this chapter may be temporarily suspended by the mayor for any violation of any section or regulation hereof, and such suspension shall be in addition to any fine imposed.

3. The City of Plano reserves the right to deny any vendor a license and/or to revoke an existing license as provided in Section 3-3-4(I) of this Chapter. (Ord. 2024-21, 5-13-2024)

3-3A-4: PURPOSE:

To encourage and regulate the operation of mobile food vendor subject to operational standards, on public and private property within the City. These operational standards are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working within The City of Plano, while protecting the health, safety and welfare of the general public. (Ord. 2024-21, 5-13-2024)

3-3A-5: TIME LIMIT/RESTRICTIONS ON MOBILE FOOD VENDOR VEHICLES:

A. Mobile food vendors may conduct business from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Sunday through Saturday, including holidays unless such business is located on private property and unless the vendor is participating in a city-sponsored special event with approval for special hours.

B. Mobile food vendors are not licensed to conduct business door to door.

C. It shall be unlawful for any person, mobile food vendor vehicle operator to drink any alcoholic beverages, or to disturb the peace in any manner while on duty.

D. Sale of food or merchandise from mobile food vendor vehicles shall be prohibited as follows:

1. In any City Park, or on City Park property, including parking lots unless the mobile food vendor has received a vending permit from the City or is participating as a paid vendor in an approved special event.

2. In any area where the operation impedes vehicular or pedestrian travel as determined by the Chief of Police or his designee.

3. The City has the ability to restrict the location of mobile food vendors should it be determined the location creates a parking shortage, parking issue, or unsafe parking conditions.

E. No sales or service of alcohol shall be allowed by mobile food vendor vehicles. (Ord. 2024-21, 5-13-2024)

3-3A-6: MOBILE FOOD VENDOR VEHICLES:

A. General Provisions:

1. It shall be a violation to operate a mobile food vendor vehicle at any location except in compliance with the requirements of this section.

2. Mobile food vendor vehicles are permitted in all zoning districts of the City, subject to the location and operational standards established in this title or this Code.

3. Mobile food vendor vehicles shall not obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to, access to or from any business, public building, or dwelling vehicle, nor shall it restrict the sight distances triangle at driveways and street right-of-way intersections or prevent access of emergency vehicles.

4. Mobile food vendor vehicle shall comply with the provisions of the noise standards in Title 9, Chapter 7 of the Plano City Code.

5. Mobile food vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately within the vicinity of the mobile food vendor vehicle shall be collected and removed by the mobile operator.

6. Mobile Food Vendor Vehicles must be marked with the business name in a conspicuous location on the vehicle.

B. Location And Operational Standards:

1. Mobile food vendor vehicles operating within the public right-of-way:

a. Mobile food vendor vehicles shall be legally parked in full compliance with all State and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit.

b. Operation of mobile food vendor vehicles within City parks shall be subject to applicable rules and regulations.

c. No unattended mobile food vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property, unless participating in an approved special event.

d. Mobile food vendor vehicles shall not be parked within twenty-five feet (25') from a street intersection with a crosswalk, traffic light, or stop sign, or within twenty-five feet (25') from a railroad crossing.

e. Mobile food vendor vehicles operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk.

f. All sales and service shall be limited solely to that side of the mobile food vendor vehicle facing away from the public street.

g. Mobile food vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle, or any other equipment or furniture related to the operation of its business, except for required refuse receptacles.

h. Mobile food vendor vehicles greater than thirty-five feet (35') in length, or that occupy more than two (2) on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties.

i. Mobile food vendor vehicles should not block a lawfully placed monument sign of another business.

2. Mobile food vendor vehicles operating on private property:

a. Mobile food vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts.

b. Mobile food vendor vehicles shall not occupy more than forty percent (40%) of required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot.

c. The maximum number of mobile food vendor vehicles permitted on a site shall be determined as follows:

(1) Generally, one (1) mobile food vendor vehicle may operate on the site for every five hundred twenty-five (525) square foot paved area (at least thirty-five feet by fifteen feet (35' x 15') in dimension); except that mobile food vendor vehicles greater than thirty-five feet (35') in length require a space at least seventy feet by fifteen feet (70' x 15').

(2) Generally, mobile food vendor vehicle operations shall occur upon a paved, level parking area or surface.

(3) Mobile food vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way.

(4) Mobile food vendor vehicles may be permitted to have canopies and outdoor seating areas.

(5) Mobile food vendor vehicles shall not block fire lanes, designated construction traffic lanes for ingress or egress or access to or from the construction site. (Ord. 2024-21, 5-13-2024)

3-3A-7: VIOLATIONS; PENALTY: