SUPREME COURT UPHOLDS CONCRETE
The Supreme Court of Illinois recently handed down a decision in which it upheld ordinances of LaGrange Park and Brookfield requiring a regulatory municipal license for those persons engaged in concrete construction work. The Court held, with Mr. Justice House dissenting, that a municipality had the implied power to pass an ordinance regulating all types of concrete construction work even though the express power was not granted by statute which power is over and above the regulatory powers exercised under building permits.
Concrete Contractors' Association of Greater Chicago et al. Appellees, v. The Village of La Grange Park et al., Appellants.
Mr. JUSTICE SCHAEFER delivered the opinion of the court:
A decree of the superior court of Cook County held that certain ordinances of the villages of La Grange Park and Brookfield are invalid and enjoined their enforcement. The villages appeal. The trial judge has certified that the validity of municipal ordinances is involved and that in his opinion the public interest requires a direct appeal. Ill. Rev. Stat. 1957, chap. 110, par. 75.
The ordinances in question relate to the licensing of persons engaged in concrete construction work. The ordinance of La Grange Park provides: "No person, firm or corporation shall engage in the business of cement contractor or the construction or repair of cement work within the Village without first obtaining a license therefor." The Brookfield ordinance provides: "That no person, firm or corporation shall engage in the business commonly known as mason contracting or of constructing or repairing sidewalks in any public street or place in the Village without first having obtained a license therefor * * *." Despite the difference in the terms used to describe the licensed occupation, the parties agree that both ordinances apply to persons engaged in concrete construction work. The La Grange Park ordinance provides for a license of $25 and the Brookfleld ordinance for a fee of $15.
The complaint attacking the ordinances was originally filed by the Concrete Contractors Association of Greater Chicago, a not-for-profit trade association with a membership of 300 concrete construction contractors. Subsequently five individual contractors engaged in business in the two villages and directly subject to the ordinances in question intervened as party plaintiffs. Their presence makes it unnecessary to consider the standing of the Association to maintain the action.
The case was tried upon a stipulation of facts. The work of the contractors consists of constructing concrete footings, foundations and flat work. Footings and foundations are the first component parts of a building and the concrete contractor is usually the first subcontractor at the site after the excavation is made. Floors and sidewalks are generally installed near the end of the building construction. Ninety per cent of the concrete used by the contractors is purchased by them from redi-mix concrete companies and delivered to the building site in company trucks. The purchaser of redi-mix concrete, whether a concrete contractor, builder or home owner, can, however, alter the combination of ingredients making up the redi-mix concrete. About eighty-five per cent of the business of the concrete contractors is done on subcontract. The villages require the general contractor or builder to take out permits for new buildings, and before a permit is issued plans and specifications must be submitted to the building commissioner for approval. About fifteen per cent of the business of concrete contractors is done on direct contract with home owners for the replacement of deteriorated concrete or for the installation of new concrete work.
Both villages have enacted ordinances dealing with standards for the construction of buildings and sidewalks. The ordinances of both are substantially similar, and a description of the ordinances of Brookfield will suffice. They provide that all building materials and all debris, in street, lawn spaces or sidewalks adjacent to buildings, shall be removed by contractors or owners, and, upon their failure to do so, upon notice by the village police, the debris shall be removed by the village. All sidewalks in the village, unless otherwise provided in any special tax or special assessment ordinance, are to be constructed of Portland cement and conform to specifications prescribed in detail and all work is to be subject to approval and acceptance by the village engineer. All private driveways are required to be constructed of concrete from sidewalk to curb, according to detailed specifications.
The building ordinances prescribe a specified standard quality for Portland cement, standards for the quality of lime, mortar for masonry, concrete aggregates, and proportions of plain concrete. They also prescribe standards for reinforced concrete. Tests of the actual construction must satisfy the building commissioner.
In 1956 the village of Brookfleld (with a population of 15,472 in 1950) issued 600 building permits and licensed 95 concrete and mason contractors. In the same year, the village of La Grange Park (with a population of 6,176 in 1950) issued 277 building permits and granted licenses to 93 concrete contractors. Expenses are necessarily incurred incident to the inspection and regulation of the cement and concrete construction work. Plaintiffs have not challenged the reasonableness of the amounts of the respective license fees.
The basic contention of the plaintiffs is that the power to license persons engaged in concrete construction work has not been delegated to municipalities. There is no express grant of authority which in terms authorizes cities and villages to license concrete contractors. For their authority the villages rely upon powers derived from the following provisions in article 23 of the Revised Cities and Villages Act: "To fix the amount, terms and manner of issuing and revoking licenses" (sec. 5); "To vacate, lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, * * *" (sec. 8); "To regulate the use of the streets and other municipal property" (sec. 10); "To prescribe the strength and manner of constructing all buildings, structures and their accessories and of the construction of fire escapes thereon" (sec. 70); "To pass and enforce all necessary police ordinances" (sec. 105); "To pass all ordinances and make all rules and regulations, proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper." (sec. 106.) Section 1 of article 63 declares: "In addition to any other manner authorized by law, any municipality, by ordinance, may provide for the construction of sidewalks therein, along, or upon any street or streets or part of streets therein." Ill. Rev. Stat. 1957, chap. 24, pars. 23-5, 23-8, 23-10, 23-70, 23-105, 23-106 and 63-1.
The fact that the villages have not been granted express power to license concrete contractors is not controlling it the General Assembly has expressly granted to the villages one or more powers, the efficient exercise of which requires that the business of the contractors be regulated. Authority for the enactment of an ordinance may be derived either from a single power or from two or more municipal powers in combination. Father Basil's Lodge, Inc. v. City of Chicago, 393 Ill. 246; City of Bloomington v. Wirrick, 381 Ill. 347; Arms v. City of Chicago, 314 Ill. 316; Consumers Go. v. City of Chicago, 313 Ill. 408; Gundling v. City of Chicago, 176 Ill. 340.
Page 126 / Illinois Municipal Review / June 1958
To determine whether defendant villages are impliedly authorized to license persons engaged in cement work, the licensing ordinances must be considered in conjunction with the powers which are expressly granted and are being lawfully exercised. If the licensing ordinances are reasonably necessary to effectuate the regulations prescribed by other valid ordinances dealing with the same subject matter, they may be sustained as regulatory measures. (See: Bauer v. City of Chicago, 321 Ill. 259.) The licensing provisions thus do not stand in isolation, but must be read together with the comprehensive regulatory ordinances dealing extensively with the composition of the concrete to be used in sidewalks, driveways and buildings. Plaintiffs do not question these regulatory provisions, which were adopted under express powers granted to establish and improve streets and sidewalks, (section 23-8) to regulate the use of streets, (section 23-10) and to prescribe the strength and manner of constructing all buildings, structures and their accessories (section 23-70).
Plaintiffs, it is stipulated, not only furnish concrete but also do concrete footing, foundation and flat work. Municipalities are empowered "To prescribe the thickness, strength, and manner of constructing all buildings." That power is essential to the protection of the public safety, and it offers protection as well against construction work of poor quality of which the owner or purchaser may be unaware. The building ordinances require the village officials to test the strength of foundations by standard tests particularly described in the ordinances. From the agreed facts it is also clear that the operation of the concrete contractors and their trucks may cause damage to the streets. Building material and debris are placed by contractors on streets, lawn spaces and sidewalks. The ordinances require the removal of this material.
The sidewalk and building ordinances of the two villages, which the licensing provisions supplement, contain numerous regulatory provisions; they are essentially regulatory in nature. The power to exact a license fee to defray all or a part of the cost of the regulation or inspection is implicit in the power to regulate. Larson v. City of Rockford, 371 Ill. 441; American Baking Co. v. City of Wilmington, 370 Ill. 400; City of Chicago v. R. & X. Restaurant, Inc., 369 Ill. 65; City of Chicago v. Ben Alpert, Inc., 368 Ill. 282; City of Chicago v. Artluckle Bros; 344 Ill. 597.
The plaintiffs do not contest "the right of a municipal corporation to license contractors engaged in public sidewalk construction." They have instead taken the position that this conceded power is irrelevant, because "So far as this appeal is concerned none of the plaintiffs is engaged in public sidewalk construction." The record does not support this position. The statement of the stipulated facts upon which the case was submitted for decision makes it clear that the contractors are engaged in the construction of sidewalks, and it describes how that work is done. It describes "flat work" as including the construction of floors and sidewalks, and it points out that floors and sidewalks are generally installed near the end of building construction. It refers also to the work that is done by the plaintiffs in connection with "replacement of deteriorated concrete such as floors, walks and driveways."
But the plaintiffs say that the ordinances in the cases cited and in others relied upon by the defendants were limited to the licensing of places, buildings or vehicles. Ordinances licensing occupations and persons engaged therein have frequently been sustained as implied from one or more statutory powers of regulation. Chicago Cosmetic Co. v. City of Chicago, 374 Ill. 384; City of Chicago v. Ben Alpert, Inc., 368 Ill. 282; City of Chicago v. Arbwkle Bros., 344 Ill. 597; City of Chicago v. Drogasawacz, 256 Ill. 34; Spiegler v. City of Chicago, 216 Ill. 114.
In City of Chicago v. American Tile and Gravel Roofing Co., 282 Ill. 537, this court upheld an ordinance requiring a license of all persons carrying on the occupation of composition-roofing and using the streets for that purpose. The license fee in that case was based upon the number of wagons used on the streets by the licensee, but there is no requirement that a license fee be so determined.
No negative inference can be drawn from sections 43 and 44 of article 22 of the Revised Cities and Villages Act (Ill. Rev. Stat. 1957, chap. 24, pars. 22-43, 22-44), providing for the annual licensing of mason contractors. The fact that the legislature requires mason contractors to obtain licenses in municipalities with a population of 150,000 or more, based upon proficiency examinations, and provides that the license shall be valid throughout the State (par. 22-46), does not impair the power of other cities and villages to exact a license fee to defray the costs of inspecting and regulating the business of such contractors.
The licensing ordinances are designed to make effective the regulations contained in the ordinances dealing with the construction of buildings, sidewalks and the use of streets. In our opinion they are reasonably necessary for that purpose, and are valid.
The decree of the superior court of Cook County is reversed and the cause is remanded, with directions to dismiss plaintiffs' amended complaint.
Reversed and remanded with directions.
Mr. JUSTICE HOUSE, dissenting:
The majority opinion holds that the defendant villages have the implied power to enact the licensing ordinances in question because they are reasonably necessary to make effective regulations contained in other ordinances dealing with the construction of buildings and sidewalks and the use of streets.
Disregarding the license fee for the moment, there is nothing in either ordinance that tends in any way to effectuate the other ordinances, nor does either state that failure to comply with ordinances regulating the construction of buildings and sidewalks and the use of streets shall be the basis for the revocation of the license. The regulatory ordinances can be and are being enforced in the same manner that any other ordinance is enforced, and the issuance of a license without any terms for issuance and with extremely general terms for evocation can be of no aid.
The majority opinion does not explain in what manner the licensing ordinances will effectuate other regulatory ordinances. The opinion states that the concrete contractors construct footings, foundations and flat work, that they may cause damage to the treets, and that they place building material and debris on the streets lawn spaces and sidewalks. This certainly does not show any necessity for licensing concrete contractors to effectuate the ordinances which regulate the construction of buildings and sidewalks and the use of streets.
Since it has not been shown that the licensing ordinances are reasonably necessary "to effectuate the regulations: prescribed by other valid ordinances dealing with the same subject matter," the power to enact them cannot be implied. Poison v. City of Chicago, 304 Ill. 222.
The majority holds that the license fee placed on the concrete contractors is valid since the sidewalk and building ordinances are regulatory and "the-power to exact a license fee to defray all or a part of the cost of the regulation or inspection is implied in the-power to regulate. [Citations.]" In all the cases cited by the majority, however, the license fee is placed on subject matter which the municipality-has the expressed or implied power to regulate. By permitting the exaction of a license fee from the concrete contractors the majority is allowing the defendant villages to regulate that occupation when there is no express or implied power to do so.
It cities and villages can license under such circumstances as these, then there is no practical limitation upon the power to tax through the guise of licensing, and the door is open to the licensing of all forms of business fon-the purpose of obtaining revenue.
Page 127 / Illinois Municipal Review / June 1958
The pertinent sections of the Brookfield ordinance and the LaGrange Park ordinance are as follows:
PERTINENT SECTIONS: MUNICIPAL CODE OF BROOKFIELD
"Section 36.015 (Materials, Etc., Removed by Village Deducted from Deposit). All building materials and all debris, in street, lawn spaces or sidewalks adjacent to building, to be removed by contractors or owners, and upon their failure so to do, upon notice by the Village Police, said debris shall be removed by the Village and costs of same to be deducted from said deposit."
"Section 36.018 (Sidewalks—Specifications). Unless otherwise provided in any special tax or special assessment ordinance providing for the construction of sidewalks, all sidewalks in the Village of Brookfleld shall be constructed of Portland Cement and shall conform to the following specifications:
The concrete sidewalk shall be five (5) feet in width and shall slope from the inside toward the center of the street at the rate of one-quarter (1/4) inch per foot. The walk shall consist of a concrete base four and one-quarter (4 1/4) inches thick, and a finishing coat, or wearing surface, three-quarter (3/4) inch thick, and shall be laid on a foundation of six (6) inches of cinders or sand.
The subgrade foundation shall first be prepared by cutting down or filling in the natural surface of the ground to the proper grade. The cement used shall be of the best quality Portland cement. The sand shall be clean, sharp and free from all dirt, and the stone shall be sound gravel or broken stone, having a specific gravity of not less than 2.6.
All materials shall be of the best quality and the stone shall be of a size that will pass a one (1) inch circular opening and be retained by a one-quarter (1/4) inch screen.
The water used in mixing the concrete shall be clean and free from oil, acid, alkalies or vegetable matter.
All spongy material of interior vegetable matter in the sub grade shall be removed before the cinders or sand are placed, and the cinders and sand shall be thoroughly flooded and rammed.
The proportions of the base of the sidewalk shall be by volume, one (1) part Portland cement, two (2) parts clean sand and four (4) parts of stone or gravel. The top, or wearing surface shall consist of mortar composed of two (2) parts Portland cement and three (3) parts of clean, sharp sand.
The traverse joints shall be made through the base and top every five (5) feet, and an expansion joint one (1) inch in width shall he placed at Intervals of fifty (50) feet.
The builder must furnish all stakes and such assistance as the engineer may need in setting the same.
All work is subject to the approval and acceptance of the Village Engineer, or such other officer as the Board of Trustees may designate.
All sidewalks shall have stamped upon them in plain characters the date of construction and the name of the builder thereof.
Sidewalks must be constructed to the grade established by the Board of Trustees or, where no such grade has been established to that furnished by the Village Engineer.
Section 36.019 (Driveways—Specifications). All private driveways shall be so constructed that the longitudinal grade thereof shall conform to the elevation of the gutter at its intersection with the driveway and shall rise at a uniform rate to the elevation of the edge of the sidewalk nearest the roadway.
Private driveways shall be constructed of concrete, from the sidewalk to the curb,—shall be not less than eight (8) feet in width, shall be six and one-quarter (6 1/4) inches in thickness with a wearing surface three quarters (3/4) inches in thickness and shall conform to the foregoing specifications for sidewalks except that the cinder base shall be omitted. Said driveways shall be joined to the curb by means of a fillet with a radius of four (4) feet. Where driveways are to be constructed and where there is now an existing curb, said curb shall be cut off even with surface of the present gutter and the exposed ends of said curb shall be cut at an angle of forty-five (45) degrees. The parts of the curb where cut shall be finished in a smooth and workmanlike manner.
Section 36.020 (Permits—Fees). Any person desiring to build, rebuild, remove, repair or disturb in any manner any sidewalk, or private driveway, requiring the cutting of an existing curb, in the Village of Brookfield, shall first obtain a permit to perform such work from the Village Collector and shall pay therefor before such permit shall be issued.
For building a new sidewalk where no sidewalk existed before: Seven and one-half (7%) cents per lineal foot, with a minimum charge of Seven Dollars and Fifty Cents ($7.50).
For rebuilding a sidewalk previously existing two and one-half (2%) cents per lineal foot, with a minimum charge of Two Dollars and Fifty Cents ($2.50).
For private driveway where an existing curb is to be cut, Three Dollars ($3.00).
The foregoing fees include the cost of engineering services in setting lines and grades, etc., Inspection and water used in the work.
Section 36.021 (Engineer to furnish grades). It shall be the duty of the Village Engineer to furnish all necessary lines and grades to persons desiring to use them for the purpose of properly locating and constructing any sidewalk within ten (10) days from the date of application for such lines and grades, and the issuance of a permit for the construction of any sidewalk, and to furnish an inspector to supervise the construction of any sidewalk, or private driveway, requiring the breaking of an existing curb.
Section 36.022 (Repairs When Required). Whenever any sidewalk or private driveway, or portion thereof, shall be required or directed to be re-laid, raised, lowered or repaired, the Village Engineer shall give notice thereof to the owners or occupants of the property interested, and if said sidewalk or private driveway is not relaid, raised, lowered or repaired within thirty (30) days from the receipt of said notice the Board of Trustees may order such work to be done at the expense of the property owner.
Section 36.023 (Violating Specifications—Penalty). Any one constructing a sidewalk, or private driveway, in the Village of Brookfield not conforming to the specifications provided for in this ordinance shall be subject to a fine of not less than Ten Dollars ($10 00) nor more than One Hundred ($100.00) Dollars for each offense, and each day that said sidewalk or driveway shall remain so constructed shall constitute a separate offense and said sidewalk or driveway may be removed at any time by order of the Village Engineer.
Section 36.024 (No Permit—Penalty). Any one building, rebuilding, removing, repairing or disturbing in any manner, any sidewalk or private driveway requiring the cutting of an existing curb without first obtaining a permit thereof shall be subject to a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense.
Section 36.025 (General Penalty). Any one violating any provision of this ordinance for which a penalty is not hereinbefore provided shall be subject to a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense.
Section 36.026 (When Applied To Special Assessment Construction). This ordinance shall apply to sidewalks constructed by special assessment or special tax in so far as it may be applicable." And also the following sections of the Building Ordinance of the Village of Brookfleld relating to masonry and cement work in buildings:
"Section 39.029 (Cement). All Portland cement shall be of a quality that will successfully pass the standard tests specified by the American Society of Engineers for testing materials. Commissioner of Buildings may re-
Page 128 / Illinois Municipal Review / June 1958
quire such standard tests to be made and certified copies thereof furnished him for examination.
Section 39.030 (Lime). Lime shall be fresh burned quick lime, of good quality, and well slacked before using. Hydrated lime will be accepted in all cases where quick lime is permitted.
Section 39.031 (Mortar for Masonry). Mortar for masonry work shall be of a mixture not leaner than the following proportions by volume when used under the conditions stated. The amount of sand noted being the maximum allowed, to-wit: Conditions,
Below water—Case No. 1—1 part Portland cement, 2 parts sand.
Below ground—Case No. 2—1 part Portland cement, 2 parts of sand.
Lime and cement mortar—Case No. 3—1 part Portland cement, 1 part of lime, 6 parts of sand.
Limestone mortar—Case No. 4— 1 part of lime, 3 parts of sand.
The cement and sand shall be measured and shall be thoroughly mixed before adding water. The cement and sand must be of a quality required by this ordinance. All mortar must be used before initial set occurs and must be properly protected against injury by the elements or otherwise.
Section 39.032 (Concrete Aggregates). The aggregate for all concrete shall consist of clean, washed gravel, hard broken stone or similar materials approved by the Commissioner of Buildings. The aggregate for plain concrete shall be of such size that the extreme dimensions shall not exceed two inches, and that used for reinforced concrete of any description shall be of such a size that the extreme dimensions shall not exceed one inch and in each only such material shall be used as is retained on a screen of one-quarter inch mesh.
Section 39.033 (Proportions of Plain Concrete). The proportions of materials for plain concrete shall be as follows: Not less than one part of Portland cement to three parts of sand and five parts of either broken stone, gravel or other approved material. The materials named shall be thoroughly mixed with sufficient clean water to produce the consistency and plasticity required for the work. All concrete shall be used immediately after having been mixed and the materials shall be measured and proportioned by volume.
Section 39.034 (Reinforced Concrete —Definition—Plans). The term 'Reinforced Concrete' means any combination of metal imbedded in concrete to form a structure so that the two materials assist each other to sustain all the stresses imposed. Before permit to erect any reinforced concrete structure is issued, complete plans and specifications shall be filed with the Commissioner of Buildings showing all details of the construction, including detail of working joints, the size and position of all reinforcing rods, stirrups or other forms of metal, and giving the composition and proportion of the concrete; provided however, that permission to erect any reinforced concrete structure does not in any manner approve the construction until after tests have been made of the actual construction to the satisfaction of the Commissioner of Buildings."
Chapter 25, Article 20—Contractors —Mason and Cement.
Section 25.165 (License Required— Bond). That no person, firm or corporation shall engage in the business commonly known as mason contracting or of constructing or repairing sidewalks in any public street or place in the Village without first having obtained a license therefor upon the recommendation of the Building Commissioner and furnishing a bond acceptable to the Board of Trustees in the sum of $500, conditioned upon the proper performance of the work performed by him; provided that the provision of this section shall not apply to any person desiring to lay a sidewalk in front of property owned by him.
Section 25.166 (Fee). All such contractors shall annually pay to the Village Collector a license fee of $15, therefor.
Section 25.167 (Penalty). Any person, firm or corporation found guilty of violation of any section of this Article shall be subject to a fine of not less than $5 nor more than $200 for each such offense.
MUNICIPAL CODE OF LA GRANGE PARK
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of La Grange Park, Cook County, Illinois:
LICENSES AND PERMITS
SECTION 1: Granting Licenses and Permits. Except where otherwise provided, all licenses and permits authorized or required by this ordinance shall be granted by the President and Board of Trustees, who shall have power to hear and grant applications therefor, and to pass upon the sufficiency of any bond where bond is required.
SECTION 2: Licenses—Execution— Content. Such licenses shall be signed by the President and attested by the Clerk under the Village seal. Each license shall be dated and shall state to whom it is issued, for what purpose, the location, if any, at which such business is to be conducted, and the date when the license is to expire.
SECTION 3: Application. Application for a license or permit shall be in writing and shall be addressed to the President and the Board of Trustees, unless otherwise expressly provided. Such application shall be made on a form provided by the Clerk for that purpose. The application shall state, in all cases, the name and business address of the applicant, also, if by a firm, the names and residence addresses of each general partner, and, if by a corporation, the names and residence addresses of.the principal officers. In addition, the application shall state the location or proposed location for the business for which license is sought or of the thing for which permit is desired, a description of the business or thing for which license or permit is sought, the number of employees and of vehicles employed, it any, and such other information as may be required by this ordinance in regard to the particular license or permit sought, or which is needed in order to pass upon the application. The application shall be signed by the applicant and filed with the Village Clerk.
SECTION 4: License—Issue. Every license, when application therefor has been approved by the President and Board of Trustees, shall be issued by the Clerk, provided that the prescribed license fee is first paid and, where a bond is required, that such bond is properly approved and filed.
SECTION 5: Term and Expiration of License. No license shall be granted for a longer period than one year. Every license shall expire on the 31st day of December following the date ot its issue, unless otherwise expressly provided in this ordinance.
SECTION 6: License for Part of Year. For any annual license provided by this ordinance and issued prior to July 1 in any calendar year the full prescribed annual fee shall be paid; for any such license issued on or after July 1 in any license year and expiring on the 31st day of December following, one-half the prescribed annual fee shall be paid.
SECTION 7: Assignment of License —Fee. Except where otherwise expressly provided, any license may be assigned, with the consent of the President and Board of Trustees. Such consent shall be evidenced by signed en-
Page 129 / Illinois Municipal Review / June 1958
dorsement on the license or by a certificate of the clerk, attested by the Village seal. The fee for such assignment shall be one dollar.
SECTION 8: Surrender of Assigned License. Any person to whom a license has been assigned, as provided in Section 7, may surrender the same and have issued to him a new license for the unexpired license term, authorizing him to carry on the same business or occupation at such location as may be named in the new license. Provided, that in all cases where a bond is required, such assignee shall first execute a bond conforming, as nearly as may be, to the bond upon which the original license was issued.
SECTION 9: Register of Licenses. The Village Clerk shall keep a register of all licenses issued, entering therein the name of the person or persons licensed, the date of the license, the business or purpose for which it is granted, the number and kinds of wagons or vehicles, if any, and the number of bowling alleys and billiard or pool tables covered by it, if any, the amount of the license fee paid and, if transferred, the date of the transfer and the name of the person to whom it is transferred.
SECTION 10: License—Posting. Every license shall be framed by the licensee and posted in a conspicuous space In his place of business.
SECTION 11: Licenses Subject to Ordinances. All licenses shall be subject to the ordinances and regulations which may be in force at the time of issuing thereof, or which may subsequently be made by the President and Board of Trustees; if any person so licensed shall violate any of the provisions hereof he shall be liable to be proceeded against for any fine or penalty imposed thereby, and his license may be revoked at the discretion of the President and Board of Trustees.
SECTION 12: Revocation for Violation. Every license and permit issued by the Village shall be issued only upon the condition, whether so stated in the license or permit or not, that the President and the Board of Trustees shall have the right to forfeit and revoke such license or permit, by resolution or otherwise, at any time, upon any violation by the person to whom the license or permit was issued, his servants or agents, of any provisions of any ordinance of the Village, of any applicable statute of this state, or for any other good cause duly found by the Board.
Provided, that upon the revocation of any such license or permit for any cause, the President and Board of Trustees may in their discretion, return a part of the fee already paid for such license or permit, proportionate to the unexpired term of such license or permit.
SECTION 13: Revocation for Failure to Pay. Whenever it shall appear from the license register kept by the Village Clerk that any person Holding any license or permit of any kind granted by the President and Board of Trustees has failed to pay the amount due thereon or any other penalty fine, debt or liability to the Village, the Clerk shall report the fact to the President and Board of Trustees and the said President and Board of Trustees shall promptly revoke said license.
SECTION 14: Penalty. No person shall be deemed to be licensed in any case until the license is regularly issued as hereinbefore required. Any person, firm or corporation operating without a license where a license is required, and where no other penalty is provided, shall be fined not less than five nor more than two hundred dollars for each offense; each day of operation without a license shall constitute a separate offense.
SECTION 61: Cement Contractors— License—Application. No person, firm or corporation shall engage in the business of cement contractor or the construction or repair of cement work within the Village without first obtaining a license therefor. Application for such license shall be made and license shall issue as hereinbefore provided.
SECTION 62: Cement Contractors-License—Fee. The annual fee for a cement contractor's license shall be fifteen dollars.
SECTION 63: Electrical Contractors —Registration Required. No person, firm or corporation shall engage in the business of electrical contractor within the Village without first obtaining a certificate of registration; provided, however, that if such person, firm or corporation is already registered for the current year in another city or village of this State, as provided by state law, no registration in this village shall be required.
SECTION 64: Electrical Contractors —Registration—Application. Application for registry shall be made as hereinbefore provided for licenses, insofar as the same is applicable. The application shall be referred to the building commissioner; if he approves the application and so reports to the Board of Trustees, the applicant may then be registered as an electrical contractor, and a certificate of registration shall issue upon payment of the prescribed registration fee.
SECTION 65: Electrical Contractors
—Registration Fee. The annual fee for registration as an electrical contractor shall be twenty-five dollars.
SECTION 66: Excavating Contractors—Definition. An excavating contractor is hereby defined as a person, firm or corporation engaged in the business of excavating or removing dirt, rock, sand or any other substance in preparation for the construction of the basement or foundation of any building or other structure requiring such basement or foundation to be constructed below the street or ground level, or for the construction of any sewer, vault or other like work requiring such excavation or removal.
SECTION 67: Excavating Contractors—License—Application. No person, firm or corporation shall engage in the business of excavating contractor within the village without first obtaining a license therefor. Application for such license shall be made and license shall be issued as hereinbefore provided.
SECTION 68: Excavating Contractors—License—Fee. The annual fee for a license as excavating contractor shall be fifteen dollars.
SECTION 69: Excavating Contractors—Bond. Before any license shall be issued, each excavating contractor shall execute a bond running to the village, with a corporate surety, in the amount of five thousand dollars, conditioned to indemnify and save the village harmless from any liability, loss or damage resulting from the work undertaken or the manner of doing the same.
SECTION 70: Heating, Ventilating and Air-Conditioning Contractors-License—Fee. No person, firm or corporation shall engage in the business of constructing or installing heating, ventilating or air-conditioning equipment without first obtaining a license therefor. Application for such license shall be made and license shall be issued as hereinbefore provided. The annual fee for license as heating, ventilating and air-conditioning contractor shall be fifteen dollars.
SECTION 71: Mason Contractors-License—Application. No person, firm or corporation shall engage in the business of mason contractor or employing mason within the village without first obtaining a license therefor.
(Continued on page 134)
Page 130 / Illinois Municipal Review / June 1958
SUPREME COURT UPHOLDS CONCRETE CONTRACTORS LICENSE
(Continued from page 130)
SECTION 72: Mason Contractors— License—Fee. The annual fee for a license as mason contractor shall be fifteen dollars.
SECTION 73: Mason Contractors-Bond. Before any such license shall be issued, each mason contractor or employing mason shall execute a bond running to the village, with a corporate surety, in the amount of five thousand dollars, conditioned to indemnify and save the village harmless from any liability, loss or damage resulting from the work undertaken or the manner ot doing the same.
SECTION 74: Penalty. Any person, firm or corporation violating any provision hereof shall be fined not less than five nor more than two hundred dollars for each offense.
Page 134 / Illinois Municipal Review / June 1958
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