Villa Park Municipal Code Art. 8-2 License Fees

Every person distributing samples of handbills shall pay an annual license tax of one hundred ($100.00) dollars; provided, that this subsection shall not apply to any person, employee, agent or representative of any person who already has a City license as provided elsewhere in this section.

(Ord. #76-243, § 23)

Every person carrying on the business of signposting or billposting, but not including sign painting, shall pay an annual license tax of one hundred ($100.00) dollars.

(Ord. #76-243, § 24)

Every person conducting, managing or carrying on the business of sign advertising for the sale of homes in a subdivision located in the City of Villa Park as permitted under Chapter XXII relating to Subdivisions, by means of billboards that have a total square footage of sixteen (16) feet or more shall pay a license tax of one hundred ($100.00) dollars annually for the first billboard, and fifty ($50.00) dollars for each billboard thereafter.

Nothing in this subsection shall apply to the owners of real estate or their agents in advertising their property for sale or lease by means of billboards situated upon property advertising for sale or lease by such billboards.

Nothing in this chapter shall permit any person to carry on any business of sign advertising not otherwise permitted by ordinance.

(Ord. #76-243, § 25)

Every person carrying on the business of an auctioneer shall pay a daily license tax of twenty-five ($25.00) dollars.

(Ord. #76-243, § 26)

Every person carrying on the business of a contractor or subcontractor, including building, constructing, plumbing, electrical, painting, plastering, masonry, floor finishing, interior decorating, landscaping, lawn renovating, wall papering or any other work on buildings or grounds requiring a license by the State shall pay an annual license tax of fifty ($50.00) dollars.

(Ord. #76-243, § 27)

Every person who conducts the business of constructing residential or commercial units shall pay a license tax as follows:

a. Residential. .....

Single-family dwellings, per unit .....$100.00

plus, per bedroom over 2 .....10.00

b. Commercial. .....

For each commercial building unit in a building unit in a building per square foot of gross floor area, per square foot .....0.10

Residential unit shall mean a single family or a portion thereof designed exclusively for residential occupancy which contains a kitchen, bathroom facilities and any other place designed for human occupancy.

Commercial unit shall mean any space in a building or structure designed or intended to be occupied or used for business or commercial purposes.

The tax imposed by this subsection shall be due and payable prior to the issuance of the building permit for the construction of any such dwelling unit. The tax shall be in addition to the fee required to be paid to the Building and Safety Department for the building permit, and no such building permit shall be issued until the tax is paid.

No permit shall be issued authorizing the construction of any residential or commercial building in the City without the payment of the tax due under this chapter.

Any tax paid to the City under this chapter for any building or unit of a building which is not constructed shall be refunded upon application of the taxpayer and a showing to the satisfaction of the City Manager that the building or unit has not been constructed or construction commenced and that the building permit issued for the building or unit has been cancelled or surrendered or otherwise does not authorize the construction of the building unit.

(Ord. #76-243, § 28)

Every person not having a fixed place of business within the City who delivers to persons or locations within the City goods, wares or merchandise of any kind by vehicle or who provides any service by the use of vehicles that is not incidental to a business licensed in the City, and which is not licensed under any other section of this chapter shall pay a license tax of twenty-five ($25.00) dollars per vehicle per annum.

(Ord. #76-243, § 29)

Every person carrying on the business of housemoving or wrecking of buildings and structures shall pay an annual license tax of fifty ($50.00) dollars.

(Ord. #76-243, § 30)

Every person not having a regularly established place of business in the City, selling or soliciting orders for the sale of any goods, of any kind or nature, and also every person not having a fixed place of business in the City, selling or soliciting orders for the sale of any goods, of any kind or nature, and also every person not having a fixed place of business in the City, soliciting orders for services of any kind or character whatever, the sum of ten ($10.00) dollars per day; provided, however, that no license shall be issued for a lesser period than five (5) consecutive days, or one hundred ($100.00) dollars per annum. The provisions of this subsection shall not apply to person selling or soliciting to sell or taking orders for the sale of goods from merchants in the City who have in stock the goods, wares or merchandise for which orders are so taken or solicited.

Every such person upon request of the City Clerk shall identify himself by signing and filling out an identification blank which may contain the following information:

a. Name;

b. Age;

c. Permanent address; if any

d. Local temporary address; if any

e. General description of the person, in such further detail as said Sheriff's Office may require, including fingerprints.

Every applicant claiming to be entitled to exemption from the payment of any license provided for in this subsection upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the United States Constitution or the regulations of the United States Congress respecting interstate commerce or any other matter, shall file a verified statement with the City Manager disclosing the interstate or other character of his business entitled to such exemption. Such statement shall state the name and address of the company or firm or group for which the orders are to be solicited or secured or the sale made, the name of the nearest local or State manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or delivered, the method of solicitation or taking orders, the location of any warehouse, factory or plant in the State, the method of delivery, the name and address of the applicant and any other facts bearing on the issues of exemption. All claims for such exemption shall be referred to the City Attorney for investigation and recommendation.

(Ord. #76-243, § 32; Ord. #82-323, § 23)

Footnotes:

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For additional provisions regulating solicitors, transient merchants and peddlers, see Article 8-3.

It is unlawful for any person to make a charitable or religious solicitation for money or other donation without first having obtained a charitable and religious solicitation permit in accordance with this section. Each person soliciting on behalf of an organization shall be required to have an original permit or a photocopy of the permit certified by the City.

a. Permit Application. Applicants for a charitable and religious solicitation permit must file an application with the City Manager or his designee which contains the following information:

1. The full name of the applicant, including any aliases;

2. Permanent home address, telephone number and driver's license or other similar identification of the applicant;

3. Date of birth of the applicant;

4. The full legal name of the organization on whose behalf the solicitation is to be performed, along with any common name for the organization;

5. Proof from the organization that the applicant is an authorized representative thereof;

6. A copy of the endorsed articles of incorporation and any tax-exempt documentation that may exist, or any similar proof that the organization has state or federal tax-exempt status.

The City Manager is authorized to take all appropriate steps to investigate the applicant and the organization on whose behalf the solicitations are sought.

b. Permit Issuance. Once the required information has been provided and verified, a permit shall be issued to the applicant within seventy-two (72) hours of application submittal. It is the intent of this section that no applicant shall be denied a permit based on the content of his belief or the cause for which the solicitation is conducted. It is also the intent of this section that citizens of the City be protected against fraud and that potential donors be apprised of the identity of the solicitor and organization for which funds are being solicited.

c. Permit Denial. The City Manager shall only deny a permit because of insufficient information or untruthful statements made in the application. If the City Manager denies a permit, the City Manager shall so notify the applicant; and the applicant will have ten (10) days from the date of notification to file an appeal with the City Council. The City Council shall make the determinations above; and if the permit is denied by the City Council, it shall be the City's burden to obtain a judicial determination of the same. The City shall file an action validating such determination in the appropriate court of law within five (5) days of the denial and seek a hearing on the matter as soon as the Court's calendar permits. The denied applicant shall not solicit until a final judicial determination is made on the matter.

d. Permit Revocation or Suspension. The grounds and procedures set forth in Section 8-1.21 shall govern the revocation or suspension of a permit pursuant to this section.

e. Permit Production and Possession. Any person making a charitable or religious solicitation shall produce the original permit or a certified photocopy of the permit upon the prospective donor's request therefor, and each person making such a solicitation shall be required to have the permit in his or her immediate possession.

f. Term of Permit. A charitable and religious solicitation permit shall be valid for six (6) months.

g. Penalty. Any person violating or failing to comply with any of the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this section is committed.

(Ord. #91-398, § 1; Ord. #94-421, § 1)

Every person carrying on, managing or conducting any of the following professional businesses or services, or any combination thereof, shall:

a. Pay an annual license tax at the following rate based on the annual gross receipts of such licensee:

b. Or at the option of the licensee, a flat rate of one hundred ($100.00) dollars per year.

Abstractor of title

Accountant

Advertising counsel

Agricultural adviser or counselor

Appraiser

Aquarian

Architect

Assayer

Attorneys-at-law

Auditor

Certified public accountant

Chemical engineer

Chemist

Chiropodist

Chiropractor

Civil engineer

Claims adjuster

Construction engineer

Consulting engineer

Dance teacher

Dealer in stocks, bonds or securities

Dental laboratory

Dentist

Detective

Detective agency

Draftsman

Drugless practitioner

Electrical engineer

Electrologist

Employment agency or bureau

Geologist

Herbalist

Insurance adjustor

Insurance broker or agent

Interior decorator

Investment counselor

Landscape architect

Lapidary

Mechanical engineer

Oculist

Optician

Ophthalmologist

Optometrist

Oral surgeon

Orchard care

Osteopath physician

Physician

Physician and surgeon

Real estate broker or salesman

Sanitation engineer

Sign painter

Stock and bond broker

Surgeon

Surveyor

Taxidermist

Travel bureau

Tree removing

Tree surgery

Tree trimming

Veterinarian

Any other professional business or service determined by the City Manager to be of a character substantially the same as any of the previously specified businesses and services.

Any of the above-listed professions or services not operating from a fixed place of business in the City shall pay a business license of fifty ($50.00) dollars per year. It is the intent of this subsection to require licensing of professionals not otherwise exempt who perform services within the City on a regularly scheduled basis; professionals who perform random infrequent services within the City are exempt from this subsection.

(Ord. #76-243, § 33; Ord. #82-323, § 23; Ord. #2003-497, § 1)

Any public utility operating in the City under a franchise from the City, or applicable therein, and who makes franchise payments thereunder is subject to the provisions of this chapter only to the extent it engages in retail merchandising not covered by the franchise in the City.

(Ord. #76-243, § 34)

Every person conducting, managing or carrying on the business of selling at retail any goods, services, wares or merchandise not otherwise specifically licensed by other subsections of this chapter shall pay an annual license tax based on its gross annual receipts as follows:

For additional gross receipts up to $500,000, per $1,000 .....$0.20

For all additional gross receipts over $500,000, per $1,000 .....$0.10

(Ord. #76-243, § 35)

Every person carrying on the business of the transportation of passengers when driven by the owner or a representative of the owner, or by the person hiring or renting the same, at rates per mile, per trip or per time, and when operating within the City shall pay a license fee of twenty ($20.00) dollars per annum.

(Ord. #76-243, § 36)

Every person conducting, managing, operating or maintaining on his premises any weighing, amusement or merchandise machine or device not otherwise licensed under this chapter and not prohibited by law, wherein a sum of money is charged or collected from such machine or device by means of a coin slot or otherwise shall pay an annual license tax of five ($5.00) dollars per machine.

Stamp vending machines selling U.S. stamps for mailing purposes are exempt from the terms and provisions of this subsection.

The license tax prescribed in this subsection shall not be required where such machine or device is operated and owned by a person already licensed to conduct a business and gross receipts of which are used to measure the amount of license tax payable.

The owner of the business wherein the machine or device is located shall be held responsible for the full amount of the license tax if the owner of the machine or device has not paid the full tax when due and payable.

(Ord. #76-243, § 37)

Any person carrying on a business as a bank, savings and loan association, escrow company or other similar businesses not exempt under this chapter shall pay an annual tax based on its gross income as follows:

For additional gross receipts up to $500,000, per $1,000 .....$0.20

For all additional gross receipts over $500,000, per $1,000 .....$0.10

(Ord. #76-243, § 38)