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Ordinance 2007-065 UNITED CITY OF YORKVILLE ORDINANCE NO. d 00 7- 05 AN ORDINANCE AMENDING SECTIONS 3 -4B -5 AND 3 -411-10 OF CHAPTER 4 (AMUSEMENTS AND AMUSEMENT DEVICES) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF OCT06EP , 2007 Published in pamphlet form by the authority of the , United City of Yorkville this day of ()CT0,6E,4 , 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. J00 - 7-06 AN ORDINANCE AMENDING SECTIONS 3 -4B -5 AND 3 -4B -10 OF CHAPTER 4 (AMUSEMENTS AND AMUSEMENT DEVICES) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Section 11 -55 -1 of the Illinois Municipal Code, 65 ILCS 5111 -55 -1, authorizes municipalities to license, regulate and control the operation of mechanical amusement devices within the City corporate limits; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3 -4B -5 Of Chapter 4 (AMUSEMENTS AND AMUSEMENT DEVICES) Of Title 3 (BUSINESS AND LICENSE REGULATIONS) of the United City Of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3 -4B -5: ISSUANCE OF LICENSE; RESTRICTIONS: The application for license required by this Article, when filed, shall be referred to the City Couneil Clerk which shall issue or cause to be issued to such applicant a license authorizing the keeping, conducting or operating of such billiard tables, pool tables or pinball machines, as the case maybe, at the place described in such application, for and during the term of such license. A license shall not issue, however, to the following person or persons: 2 A. A person who has been convicted of a felony under the laws of the State of Illinois; B. A person whose license issued under this Article has been revoked for good cause; C. A person who, at time of application for renewal of any license issued under this Article, would not be eligible for such license upon first application; D. A partnership, unless all of the members of such partnership shall be qualified to obtain a license; E. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; F. A person who does not own the premises for such a license, unless said person has valid lease for the full period for which the license is to be issued; G. A person who has been convicted of any crime or misdemeanor involving moral turpitude. Section 3. Section 3 -4B -10 Of Chapter 4 (AMUSEMENTS AND AMUSEMENT DEVICES) Of Title 3 (BUSINESS AND LICENSE REGULATIONS) of the United City Of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3- 4B -10: REVOCATION OR SUSPENSION OF LICENSE: A. The Mayor may revoke or suspend any license issued by the City Counei Clerk if the Mayor determines the licensee has violated any of the provisions of this Article or is convicted of a felony or any crime or misdemeanor involving moral turpitude. However, no such license shall be sold, revoked or suspended except after a public hearing by the Mayor with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the Mayor shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Mayor has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days; except, that if such licensee shall also be engaged in the conduct of another business or businesses on a licensed premises, such order shall not be applicable to such other business or businesses. 3 B. All orders of suspension or revocation by the Mayor and following hearing shall, within forty eight (48) hours from the date of entry of such order, be served upon the licensee. All orders of the Mayor regarding suspension or revocation of a license shall be appealable to the Circuit Court or such other court as provided by law. (Ord. 1978 -4, 4- 27-78; 1994 Code) Section 4. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 5. Severabilitv. In the event that any section, clause, provision, or part of this Ordinance /Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF V JOSEPH BESCO GARY GOLINSKI V ARDEN JOSEPH PLOCHER V WALTER WERDERICH MARTY MUNNS V ROSE ANN SPEARS \/ JASON LESLIE I Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this n "! A day of Q �i�� , A.D. 2007. ATTEST: C40 -J)Epl t, 7 CITY CLERK C/56312.1 4