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Chapter 10

Business Regulation

Article 1. Sales and Advertising

10-101 Peddlers and Hawkers; Regulation. To prevent the sale of fraudulent,

dangerous, and unhealthful goods and services; to protect the public by maintaining

records of the products sold and the persons and companies responsible for such sales;

and for the purpose of raising revenue, all peddlers and hawkers shall, before doing

business within the Municipality, make application for, and be issued a license.

Application for a license shall be made to the Municipal Clerk upon blank forms supplied

by the Municipality, and shall contain all the necessary information, and documents

required for the protection of the residents of the Municipality. Any person or persons

granted a peddler and hawker license shall be subject to any fees, occupation taxes, and

other rules and regulation which the Governing Body deems appropriate for the purposes

stated herein. Any license so granted shall be subject to revocation for good and

sufficient cause by the officials of the Municipality. (Ref. Neb. Rev. Stat. §17-134)

10-102 Peddlers and Hawkers; Hours of Solicitation. It shall be unlawful for any

solicitor, salesman, or peddler to solicit any individual between the hours of six o’clock

(6:00) p.m. and eight o’clock (8:00) a.m., unless they have a previous appointment with

the resident, or residents, of the premises solicited. It shall be unlawful at any hour for a

solicitor, salesman, or peddler to solicit without a proper license on his person at all

times.

10-103 Peddlers and Hawkers; Exceptions. Nothing herein shall be construed to apply

to any person or persons selling produce raised within the county, and to wholesale

salesmen soliciting merchants directly.

Article 2. Amusements

10-201 Bingo; Regulation. Games of bingo shall be conducted within the Municipality

in accordance with all laws of the Municipality and the State of Nebraska, if the game of

bingo is played for or involves profit or gain. Any association duly licensed by the State

of Nebraska to conduct the game of bingo shall obtain a written permit from the

Governing Body before commencing operation of said game. Application may be made

to the Municipal Clerk on blank application forms supplied by the Municipality. Said

application form shall require such information and documents, or copies thereof, as the

Governing Body deems necessary to determine whether to grant or reject the application.

Upon the determination that granting the application would be proper, the Governing

Body shall immediately direct the Municipal Clerk to issue the said license to the

applicant upon the payment of a fee set by resolution of the Governing Body. Said

license shall be subject to revocation at any time for good cause. Any person or persons

so licensed shall be subject to any other fees, rules, and regulations which the Governing

Body may designate. All permits so issued will automatically expire on March 31,

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following its issuance or renewal. The fee for each renewal, unless otherwise prescribed,

shall be in the sum of ten ($10.00) dollars. Said fee shall be credited to the General Fund.

The permit shall be on display at any place where a game of bingo is conducted.

10-202 Bingo; Tax. A tax of ten per cent (10%) of the gross receipts of each licensed

association deriving revenue from the game of bingo is hereby imposed and levied

against each such association and payable on or before the tenth (10th

) day of the

immediately succeeding calendar quarter to the Municipal Treasurer. When collected,

one-half of such tax shall be immediately paid by the municipal Treasurer to the Director

of the Department of Agriculture and Inspection of the State of Nebraska, and the

remaining half thereof shall be credited to the General Fund of the Municipality.

10-203 Bingo; Quarterly Report. Each association conducting the game of bingo shall

submit a written quarterly report to the Municipal Clerk covering the preceding calendar

quarter on or before the tenth (10th

) day of the immediately succeeding calendar quarter.

The report shall include a detained financial statement of each separate session of bingo

conducted by the said association, and shall be prepared on a form prescribed by the

Director of the Department of Agriculture and Inspection of the State of Nebraska.

10-204 Bingo Incorporated Regulation. All applicable State Statutes as they now exist

or may hereafter be amended shall be, and will constitute a part of this Article as if

repeated verbatim herein, and violation of any State Statute shall be a distinct and

separate offense against the Municipality as well as against the State. Violators thereof

shall be separately prosecuted by the Municipality for each of such offenses, and if

convicted, shall be deemed to be guilty of a misdemeanor. (Ref. Neb. Rev. Stat. §§9-201

thru 9-266)

10-205 Lottery; Participation; Restrictions. (Revised November 10, 2004 Ordinance

2004-08; Revised May 7, 2008 Ordinance 2008-03)

(1) Nothing shall prohibit any member of the Village Board of Trustees, any Village

official, or the immediate family members of any such Trustee or official from

playing in the lottery established and conducted by the Village; provided that

such person is nineteen (19) years of age or older, and is not otherwise

disqualified to play lottery by this Code section;

(2) No owner or officer of the lottery operator contracted by the Village to conduct

the Keno lottery shall play any lottery conducted by the Village.

(3) No employee or agent of the Village of Malcolm shall play the lottery of the

Village during such time as he or she is actually working at such lottery or while

on duty;

(4) The operators of any satellite location or sales outlet where such lottery is played

or tickets for such lottery are purchased, and the employees and agents thereof,

are prohibited from playing or participating in any way or at any time in the

lottery at the satellite location or authorized sales outlet operated by such

operator.

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10-206 Lottery; Sales Outlet Locations; Approval Required; Qualification

Standards. (Added May 3, 2017, Ordinance 2017-05)

(a) The lottery operator with whom the Village Board of Trustees contracts to

conduct its lottery shall not operate the lottery at a sales outlet location other

than the location of the lottery operator without prior approval of the sales

outlet location by the Village Board of Trustees. The Village Board of

Trustees shall approve or disapprove each sales outlet location and individual,

sole proprietorship, partnership, limited liability company, or corporation

which desires to conduct the lottery at its sales outlet location solely on the

basis of the qualification standards prescribed in Code section 10-206 (b)

below.

(b) Any individual, sole proprietorship, partnership, limited liability company, or

corporation which seeks to have its location approved as an authorized sales

outlet location shall:

(1) Obtain a retail liquor license for consumption on the premises pursuant

to Neb. Rev. Stat. Chapter 53, Article 1;

(2) Not have been convicted of, forfeited bond upon a charge of, or

pleaded guilty or nolo contendre to any offense or crime, whether a

felony or misdemeanor, involving any gambling activity or fraud,

theft, willful failure to make required payments or reports, or filing

false reports with a governmental agency at any level;

(3) Not have been convicted of, forfeited bond upon a charge of, or

pleaded guilty or nolo contendre to any felony other than those

described in Code section 10-206(b)(2) within the ten (10) years

preceding the filing of the application;

(4) Not have had a gaming license revoked or cancelled under the

Nebraska Bingo Act, the Nebraska County and City Lottery Act, the

Nebraska Lottery and Raffle Act, or the Nebraska Pickle Card Lottery

Act;

(5) Be fit, willing, and able to properly provide the service proposed in

conformance with all provisions and requirements of the Nebraska

County and City Lottery Act, and the rules and regulations adopted

and promulgated pursuant to that Act.

(c) If the person seeking to have its location approved as an authorized sales

outlet location is a partnership, limited liability company, or corporation, the

qualification standards shall apply to every partner of such partnership, every

member of such limited liability company, every officer of such corporation,

and every stockholder owning more than ten percent (10%) of the stock of

such corporation.

(d) The Village of Malcolm shall notify the Nebraska Department of Revenue of

all approved lottery locations within thirty (30) days of approval. (Ref. Neb.

Rev. Stat. 9-642.01)

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Article 3. Alcoholic Beverages

10-301 Alcoholic Beverages; Definition. All words and phrases herein used are to have

the definitions applied thereto, as defined in the Liquor Control Act of the State of

Nebraska (Ref. Neb. Rev. Stat. §53-103)

10-302 Alcoholic Beverages; License Required. It shall be unlawful for any person to

manufacture for sale, sell, keep for sale, or to barter any alcoholic liquors within the

Municipality, unless said person shall have in full force and effect a license as provided

by the Nebraska Liquor Control Act. (Ref. Neb. Rev. Stat. §53-168.06)

10-303 Alcoholic Beverages; Location. It shall be unlawful for any person or persons to

own, maintain, manage or hold open to the public, any establishment for the purpose of

selling at retail any alcoholic liquor within one hundred and fifty (150) feet of any

church, school, hospital or home for aged or indigent persons or veterans, their wives or

children; provided, this prohibition shall not apply to any location within such distance

when the said establishment has been licensed by the Nebraska Liquor Control

Commission at least two (2) years, and to hotels offering restaurant service, regularly

organized clubs, or to restaurants where the selling of alcoholic liquors is not the

principal business carried on, if the said hotel, club, or restaurant was licensed and in

operation prior to May 24, 1935. No alcoholic liquor, other than beer, shall be sold for

consumption on the premise within three hundred (300) feet from the campus of any

college within the Municipality. (Ref. Neb. Rev. Stat. §53-177)

10-304 Alcoholic Beverages; Dwellings. Except in the case of hotels and clubs, no

alcoholic liquor shall be sold at retail upon any premise which has any access which leads

from such premise to any other portion of the same building used for dwelling or lodging

purposes, and which is permitted to be used by the public. Nothing herein shall prevent

any connection with such premises, and such other portion of the building which is used

only by the licensee, his family, or personal guests. (Ref. Neb. Rev. Stat. §53-178)

10-305 Alcoholic Beverages; License Displayed. Every licensee under the Nebraska

Liquor Control Act shall cause his license to be framed and hung in plain public view in a

conspicuous place on the licensed premises. (Ref. Neb. Rev. Stat. §53-148)

10-306 Alcoholic Beverages; Licensee Requirements. It shall be unlawful for any

person or persons to own an establishment that sells at retail any alcoholic beverages

unless said person is a person of good character and reputation; a citizen of the United

States; a person who has never been convicted of a felony; a person who has never been

associated with, or kept, a house of ill fame; a person who has never been convicted of, or

pleaded guilty to, a crime or misdemeanor involving mora turpitude; a person who has

never had a liquor license revoked for cause. (Ref. Neb. Rev. Stat.§§53-120 thru 53-149)

10-307 Liquor Application; Municipal Examination. Any person or persons desiring

to obtain a license to sell alcoholic liquors at retail shall file with the Liquor Control

Commission. The Commission shall then notify the Village Clerk by registered or

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certified mail. The Governing Body shall then meet and determine the desirability of the

application and report its recommendation for approval or denial of the application in

writing to the Nebraska Liquor Control Commission within forty-five (45) days of receipt

from the Nebraska Liquor Control Commission. The Governing Body may examine, or

cause to be examined, under oath, any applicant; examine, or cause to be examined, the

books and records of any applicant; to hear testimony, and to take proof for its

information in the performance of its duties. For the purpose of obtaining any of the

information desired, the Governing Body may authorize its agent or the Village Attorney,

to act on its behalf. The Governing Body may conduct the examination and hold the

hearing upon the receipt from the Commission of the notice and copy of the application.

The Governing Body shall fix a time and place at which a hearing will be held, and at

which time the Governing Body shall receive evidence under oath, either orally, or by

affidavit, from the applicant and any other person, concerning the property of the

issuance of such license. Notice of the time and place of such hearing shall be published

in a legal newspaper in, or of general circulation in, the Municipality, one (1) time, not

less than seven (7), nor more than fourteen (14) days before the time of the hearing. Such

notice shall include, but not be limited to, a statement that all persons desiring to give

evidence before the local Governing Body in support of or in protest against the issuance

of such license, may do so at the time of the hearing. Such hearing shall be held not more

than twenty-one (21) days after the receipt of notice from the Commission. After such

hearing, the Governing Body shall cause to be spread at large in the minute record of its

proceedings, a resolution recommending either issuance or refusal of such license. The

Village Clerk shall thereupon mail to the Commission, by first Class mail, postage

prepaid, a copy of the resolution, which shall state the cost of the published note.

10-308 Notice of Hearing. Notice of a hearing held pursuant to Neb. Rev. Stat. §53-134

shall be given to the applicant by the Village Clerk, and shall contain the date, time, and

location of the hearing. Two (2) or more proceedings which are legally or factually

related may be heard and considered together unless any party thereto makes a showing

sufficient to satisfy the Council that prejudice would result therefrom.

10-309 Hearing Procedure. Hearings will be informal and conducted by the Chairman

of the Village Board. The intent is an inquiry into the facts, not an adversary action.

Each witness may present their testimony in narrative fashion or by question and answer.

The Governing Body or the applicant may order the hearing to be recorded by the Clerk,

at the expense of the applicant(s).

The Governing Body and its representatives shall not be bound by the strict rules of

evidence, and shall have full authority to control the procedures of the hearing, including

the admission or exclusion of testimony or other evidence. The Governing Body may

admit and give probative effect to evidence which possesses probative value commonly

accepted by reasonable prudent individuals. The Chairperson may limit testimony where

it appears incompetent, irrelevant, or unduly repetitious. If there is opposition to any

application, and such opposition desires the opportunity to present arguments of such

application, they shall choose a spokesperson to perform such function, who shall notify

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the Chairperson of his/her representation prior to the start of the hearing. The order of

the proceeding is as follows:

(1) Exhibits will be marked in advance by the Clerk and presented to the

Chairperson during the presentation.

(2) Presentation of evidence, witnesses, and arguments by applicant;

(3) Testimony of any other citizens in favor of such proposed license;

(4) Examination of applicant, witnesses or citizens by Village Attorney, Governing

Body or duly appointed agent;

(5) Cross-examination of applicant, witnesses or citizens by Village Attorney;

(6) Cross-examination of applicant, witnesses or citizens by spokesperson for

opposition, if any;

(7) Presentation of evidence and witnesses by opposition;

(8) Testimony of any other citizens in opposition to such proposed license;

(9) Presentation of evidence by Village and law enforcement personnel;

(10) Cross-examination by applicant;

(11) Rebuttal evidence by both parties, and by Village administration and agent;

(12) Summation by applicant and opposition spokesperson, if any.

In all cases, the burden of proof and persuasion shall be on the party filing the

application.

Any member of the Governing Body and the Village Attorney may question any witness,

call witnesses, or request information.

The Governing Body may make further inquiry and investigation following the hearing.

The Governing Body or the applicant may order the hearing to be recorded by the Clerk,

at the expense of the applicant(s).

10-310 Liquor Application; Retail Licensing Standards. The Village Board shall

consider the following licensing standards and criteria at the hearing and an evaluation of

any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell

alcoholic liquor, or for the expansion or change in location of the premises, and for the

purpose of formulating a recommendation from the Governing Body to the Nebraska

Liquor Control Commission in accordance with the Nebraska Liquor Control Act:

(1) The adequacy of existing law enforcement resources and services in the area.

(2) The recommendation of the Police Department or any other law enforcement

agency.

(3) Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed

licensed premises, potential traffic and parking problems, and the proximity and

availability of on-street and off-street parking.

(4) Zoning restrictions and the Municipality’s zoning and land-use policies.

(5) Sanitation or sanitary conditions on or about the proposed licensed premises.

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(6) The existence of a citizen’s protest and any other evidence in support of or in

opposition to the application

(7) The existing population, and projected growth, both village-wide and within the

area to be served.

(8) The existing liquor licenses, the class of such license, and the distance and times

of travel to such licenses.

(9) The nature and needs of the neighborhood or community where the proposed

premises are located, as well as its projected growth.

(10) Whether the type of business or activity proposed to be operated in conjunction

with the proposed license is, and will be consistent with the public interest.

(11) Whether the applicant can insure that all alcoholic beverages, including beer and

wine, will be handled by persons in accordance with Nebraska Revised Statutes

and the Nebraska Liquor Control Act.

(12) Whether the applicant has taken every precaution to protect against the

possibility of shoplifting of alcoholic beverages, which must be displayed, kept,

and sold from an area which is secured to the greatest extent possible.

(13) Whether the applicant is fit, willing, and able to properly provide the service

proposed in conformance with all provisions, requirements, needs and

regulations provided for in the Nebraska Liquor Control Act.

(14) Whether the applicant as demonstrated that the type of management and control

exercised over the licensed premises will be sufficient to ensure that the licensee

can conform to all the provisions, requirements, rules and regulations provided

for in the Nebraska Liquor Control Act.

(15) The background information of the applicant, established by information of the

applicants, by information contained in the public records of the Nebraska

Liquor Control Commission and investigations conducted by the Municipality.

(16) Past instances of discrimination involving the applicant(s), as evidence by

findings of fact before any administrative board or agency of the Municipality, or

any other governmental unit, or any court of law.

(17) Past compliance with state laws and liquor regulations and Municipal ordinances

and regulations.

(18) If the application is for an on-sale license, whether it is adjunct to a legitimate

food service operation as evidenced by percent of gross income allocated to food

and liquor, and the type and extent of kitchen facilities.

(19) Whether the applicant or its representatives has suppressed any facts or provided

any nonfactual information to the local Governing Body or its employees in

regard to the license application or liquor investigations. The applicant is

required to cooperate in providing a full disclosure to the investigating agents of

the Municipality.

(20) Whether the application will provide an improvement to the neighborhood, a

betterment to the Municipality, or a true increase in service to public at large.

(21) Proximity of and impact on schools, hospitals, libraries, and public institution.

(22) Whether the type of entertainment to be offered, if any, will be appropriate and

nondisruptive to the neighborhood where the premise are located, and the

community at large.

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(23) Whether the application is for a business, and the sole purpose for which is the

sale or dispensing of liquor, or when the sale or dispensing of liquor is a

substantial integral part of the business, and not just incidental thereto.

(24) Whether or not applicant has ever forfeited bond to appear in court to answer

charges of having committed a felony, or charges of having violated any law or

ordinance enacted in the interest of good morals and decency, or has been

convicted of violating or forfeiting bond to appear in court and answer charges

for violating any law or ordinance relating to alcoholic liquors.

(25) The Village Board may fix certain requirements and prescribe certain conditions

upon a license when it is granted or permitted to continue in full force and effect,

whether such requirements or conditions are imposed at a formal hearing, by a

written notice, or in a written stipulation, and such requirements or conditions

shall be deemed to be a part of the license as though fully endorsed therein; and

any violation or breach of any requirement or condition is prohibited.

(26) Other information and data that may reasonable be considered pertinent to the

issuance of the license.

The preceding standards are not necessarily of equal value that can be computed in a

mathematical formula. Rather, they are standards which can be weighed and cumulated

positively and negatively. The burden of proof and persuasion shall be on the party filing

the application. When applicable, the term “applicants” as used herein is synonymous

with “license”.

10-311 Alcoholic Beverages; Liquor License Renewal. Retail liquor licenses issued by

the Commission and outstanding may be automatically renewed in the absence of a

request by the Governing Body to require the said licensee to issue an application for

renewal. The Municipal Clerk, upon notice from the Commission, between February

twentieth (20th

) and March fifth (5th

) of each year, shall cause to be published in a legal

newspaper in, or of general circulation in the Municipality, one (1) time, a notice in the

form prescribed by law of the right of automatic renewal of each retail liquor and beer

license within the Municipality; provided, Class C license renewal notices shall be

published between the dates of August twentieth (20th

) and September fifth (5th

) of each

year. The Municipal Clerk shall then file with the Commission proof of publication of

said notice on or before March twelfth (12th

) of each year, or September twelfth (12th

) of

each year, for Class C licenses. In the event that written protests are filed by three (3) or

more residents of the Municipality against said license renewal, the Municipal Clerk shall

deliver the protests to the Governing Body, which shall thereupon proceed to notify the

Commission that they are to require the said licensee to submit an application. (Ref. Neb.

Rev. Stat. §§53-135 and 34-135.01)

10-312 Alcoholic Beverages; Municipal Powers and Duties. The Governing Body

shall have the power and duties in respect to licensed retailers of alcoholic beverages, to

revoke for cause retail licenses to sell alcoholic liquors issued to persons for premises

within its jurisdiction, subject to the right of appeal to the Commission; to enter or to

authorize any law enforcement officer to enter at any time upon any premises licensed by

the State of Nebraska to determine whether any of the provisions of the municipal laws,

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or the laws of the State of Nebraska, are being violated; to receive signed complaints

from any citizens within its jurisdiction that any of the municipal laws, or laws of the

State of Nebraska, are being violated, and to act upon such complaints in the manner

herein provided; and to collect for the benefit of the State of Nebraska and the

Municipality all license fees and occupation taxes as prescribed by law. (Ref. Neb. Rev.

Stat. §53-134)

10-313 Alcoholic Beverages; Owner of Premises. The owner of any premises used for

the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws

to the same extent as the said licensee, if the owner shall knowingly permit the licensee to

use the said licensed premises in violation of any Municipal Code Section of Nebraska

Statute. (Ref. Neb. Rev. Stat. §53-1, 101)

10-314 Alcoholic Beverages; Employer. The employer of any officer, director,

manager, or employees working in a retail liquor establishment shall be held to be liable

and guilty of any act of omission or violation of any law or ordinance, if such act is

committed, or omission made with the authorization, knowledge or approval of the

employer or licensee, and each such act or omission shall be deemed and held to be the

act of the employer, and will be punishable in the same manner as if the said act or

omission had been committed by him personally. (Ref. Neb. Rev. Stat. §53-1, 102)

10-315 Alcoholic Beverages; Minors. It shall be unlawful for any person or persons to

sell, or make a gift of, any alcoholic liquors, or to procure any such alcoholic liquors for

any minor, or other person who is mentally, physically, or otherwise incompetent,

whether due to natural disabilities or the prior consumption of alcoholic beverages. (Ref.

Neb. Rev. Stat. §53-180)

10-316 Alcoholic Beverages; Credit Sales. No person shall sell or furnish alcoholic

liquor at retail to any person or persons for credit of any kind, barter, or services rendered

contrary to state law. (Ref. Neb. Rev. Stat. §53-183)

10-317 Alcoholic Beverages; Spiking Beer. It shall be unlawful for any person or

persons who own, manage, or lease any premise in which the sale of alcoholic beverages

is licensed, to serve or offer for sale, any beer to which there has been added any alcohol,

or permit any person or persons to add alcohol to any beer on the licensed premises of

such licensee. (Ref. Neb. Rev. Stat. §53-174)

10-318 Alcoholic Beverages; Original Package. It shall be unlawful for any person or

persons who own, manage, or lease any premises in which the sale of alcoholic beverages

is licensed, to have in their possession for sale at retail any alcoholic liquors contained in

bottles, casks, or other containers, except in the original package. (Ref. Neb. Rev. Stat.

§53-184)

10-319 Alcoholic Beverages; Hours of Sale. (Revised August 4, 2010, Ordinance

2010-04) No alcoholic liquors, including beer, shall be sold at retail or dispensed on any

day between the hours of 1:00 a.m. and 6:00 a.m.

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It shall only be lawful to sell alcoholic beverages on the secular days, excluding Sunday,

on sale or off sale, between the hours of 6:00 a.m. and 1:00 a.m. of the following day.

It shall be unlawful to sell at retail or dispense any alcoholic liquors, other than beer or

wine, between the hours of 6:00 a.m. Sunday and 12:00 noon Sunday.

It shall be lawful to sell at retail or dispense any alcoholic liquors between the hours of

12:00 noon Sunday and 1:00 a.m. Sunday.

It shall be unlawful, on property licensed to sell alcoholic liquor at retail, to allow

alcoholic liquor in open containers to remain or be in possession or control of any person

for purpose of consumption between the hours of 1:15 a.m. and 6:00 a.m. on any day.

Nothing in this section shall be construed to prohibit licensed premises from being open

for other business on days and hours during which the sale or dispensing of alcoholic

liquor is prohibited by this section (Ref. Neb. Rev. Stat. §53-179)

The words fixing or importing time or the hour of the day are used in this ordinance, they

shall be construed to mean Central Standard Time or Central Daylight Savings Time

whichever is applicable.

10-320 Alcoholic Beverages; Clear View. It shall be unlawful to use any screen, blind,

curtain, partition, article, or other device in the windows or upon the doors of any retail

liquor establishment, other than restaurants, hotels, and clubs, which will have the effect

of preventing a clear view into the interior of such licensed premises from the street,

road, or sidewalk, at all times. All licensed premises shall be continuously lighted during

business hours, by natural or artificial white lights, to insure the clear visibility into said

establishment. Any licensee who willfully violates the provisions of this Section shall be

subject to a revocation of his license by the Municipality, as provided herein.

Article 4. Utility Contracts

10-401 Franchise; Telephone. The Governing Body has granted to the Alltel

Communications the authority to maintain and operate a telephone system within the

Municipality. Actual details of the agreement, and the present telephone rates, charges,

and fees, are available at the Municipal clerk’s office.

10-402 Franchise; Electricity. The Governing Body has granted to the Norris Public

Power District the authority to maintain and operate the light and power system in the

Municipality for the purpose of furnishing electric energy to the Municipality, and fixing

the charges for such services. Actual details of the agreement and the present electrical

rates, charges, and fees, are available at the Municipal Clerk’s office. (Ref. Neb. Rev.

Stat. §17-528.03)

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10-403 Franchise; Cable Television. The Governing Body has granted to Galaxy

Cable, Inc. the authority to maintain and operate a cable television franchise to the

Municipality. Actual details of the agreement and present rates, charges and fees are

available in the Municipal Clerk’s Office.

Article 5. Occupation Taxes

10-501 Occupation Tax; Amounts. For the purpose of raising revenue, an occupation

tax is hereby levied on the following businesses:

Beer, on and off sale, per year………………………$100.00

Liquors, off sale, per year…………………………...$100.00

Liquors, on and off sale, per year………………….. $100.00

The occupation tax amounts are cumulative.

10-502 Occupation Tax; Collection Date. All occupation taxes shall be due and

payable on the renewal date of each license year, and upon the payment thereof by any

person or persons to the Municipal Clerk, the said Clerk shall give a receipt, properly

dated, and specifying the person paying the said tax and the amount paid. The revenue

collected shall then be immediately deposited into the General Fund by the Municipal

Treasurer. The Municipal Treasurer shall keep an accurate account of all revenue turned

over to him. (Ref. Neb. Rev. Stat. §17-525)

Article 6. Sunday Closings

10-601 Sunday; Business and Amusements. The Governing Body shall have the power

to prevent any desecration of the Sabbath Day, commonly called Sunday, and to prohibit

public amusements, shows, exhibitions, or ordinary business pursuits upon the said day.

All amusements or businesses so ordered to be abstained from, or closed on Sunday shall

be on file at the office of the Municipal Clerk. (Ref. Neb. Rev. Stat. §17-128)

Article 7. Fireworks

10-701 Fireworks Vendor; Regulations. (Revised February 7, 2007 Ordinance 2007-

01, Revised August 4, 2010 Ordinance 2010-05, Revised April 6, 2011 Ordinance

2011-3 Revised April 6, 2011 Ordinance 2011-3) It shall be unlawful for any person or

persons to sell fireworks of any description whatsoever, except sparklers, Vesuvius

fountains, spray fountains, torches, color fire cones, star and comet type color aerial

shells without explosive charges for the purpose of making a noise. Any anything legal

in the State of Nebraska such that this Code is consistent with Nebraska Statutes, whether

this Code is changed or not. A fireworks stand may consist of an existing commercial or

industrial building, or a trailer, tent or other temporary structure which stands alone and is

not connected with any other trailer, tent or structure, either temporary or permanent,

from which any product other than permissible fireworks is sold or distributed. If any

temporary structure is a tent, such tent must be made of a flame resistant or fire resistant

material approved by the State Fire Marshall and located at a site approved by the

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Malcolm Fire Department. Any such tent may be used for the sale of fireworks only, and

not for any other purpose, including but not limited to other commercial enterprises,

camping, shelter or sleeping. Such fireworks stand must be located upon real estate

which is zoned for commercial or industrial use. Each vendor shall have at least one fire

extinguisher of a type and at a location as directed by the State Fire Marshall.

Color wheels, toy cap pistols and permissible caps may be sold at retail at all times;

provided, that all other fireworks named may be sold only on and between the dates of

July 1 and July 4, during the limited hours of 9:30 a.m. to 10:30 p.m. of said days and

extended from 10:30 p.m. on July 4th

, until 12:30 a.m. on July 5th

; and between the dates

of December 28 and December 31, during the limited hours of 9:30 a.m. to 10:30 p.m. of

said days and extended from 10:30 p.m. on December 31st, until 12:00 midnight;

provided, that fireworks of any description are permissible for purposes of public

exhibitions or displays as authorized by the Governing Body. (Ref. Neb. Rev. Stat. §28-

1241, §28-1246.04 thru §28-1252). Prior to making any sale, each vendor shall provide a

copy of their license for the State of Nebraska Sale of Fireworks complete with a copy of

the certificate of insurance in the minimum amount of $1,000,000.00 for Bodily Injury,

and $1,000,000.00 for Property Damage. Each vendor and commercial displayer shall

agree to hold the Village of Malcolm harmless from any and all liability from the

operations of fireworks business and sale of fireworks except that liability arising out of

the sole gross negligence of the Village of Malcolm.

10-702 Fireworks Vendor; Permits. A permit is required by anyone wishing to sell

fireworks within the Village as well as for a commercial display. Two sales permits will

be granted each year, on or before the date of the Board’s June meeting for July sales;

and up to two permits each year for December 31st sales. A vendor may apply for a

permit for both July sales and December 31st sales at the same time. One commercial

display permit will be granted each year, if there is an interested party in sponsoring a

commercial display.

Permits will only be granted to vendors and commercial displayers possessing good

character and a good record selling fireworks, and preference will be given to Village

residents and those who have sold fireworks in the Village in prior years.

The form of Permit Application is available from the Village Clerk for a fee of $75.00

per Retail Sales Stand for July sales and for a fee of $25.00 per Retail Sales Stand for

December 31st sales; and $75.00 per Commercial Display of a fireworks show.

Article 8. Tobacco Products

(Adopted February 6, 2008 Ordinance 2008-01)

10-801 Tobacco License; Requirement. All tobacco licenses shall be obtained

consistent with Nebraska Revised Statutes §28-1420 et. seq.

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10-802 Tobacco License; Fee. The Village Clerk shall assess and collect a ten dollar

retail sales tobacco license fee from each licensee for the calendar year, or any part of the

calendar year in the first year the tobacco license is applied for issuance to a licensee.

10-803 Tobacco License; Fees inure to school fund. All money collected as license

fees under the provisions of this Code, shall be paid over by the Village Clerk to the

treasurer of the school fund for the Malcolm Public School District 148, within the month

following the collection of the fees.

Article 9. Special Events

(Revised Ordinance 2013-04, June 5, 2013)

10-901 Purpose. The purpose of this Code Section is to regulate the temporary and

exclusive use of public space by persons desiring to conduct special events in public

space within the Village limits.

10-902 Special Event Defined. Special event shall mean an event sponsored by any

person or entity, public, private or charitable, for purposes of gathering people in a public

place, including but not limited to:

(1) Carnivals or circuses, including any exhibition involving amusement attractions

or rides, spectacles, animals, side shows, games, and the like;

(2) Commercial advertising;

(3) Pyrotechnic displays of any kind;

(4) Inflatable devices in excess of four feet in diameter, including any hot air balloons

or any other inflatable object;

(5) Live animals, except for animals aiding persons with disabilities;

(6) Street dances;

(7) Powered equipment requiring connection to public power supplies or separate

generator or power supply equipment, including:

Heating, cooling, refrigerating, or cooking devices; or

Sound amplification, public address, loud speaker, audio, video, or

television systems.

(8) Racing or athletic competitions and uses, including any motor vehicle racing or

running, marathons, cross country, bicycle, moped, skateboards, roller-skates, or

any other contest or exhibition that is competitively timed, or speed related;

(9) Sales of alcoholic beverages, including any activity requiring a special designated

permit or other permit under the Nebraska Liquor Control Act;

(10) Sales of goods and merchandise, including food, clothing, supplies,

equipment, concessions, souvenirs, balloons, candy, jewelry, and any other

similar items offered for sale;

(11) Commercial signs, including signs permitted in §14.32.140;

(12) Spotlights, including any displays involving any laser or other

concentrated beam of light; or;

(13) Structures, including stages, booths, canopies, awnings, risers, bleachers,

fences, partitions, stands, or similar constructions.

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Special event shall not include:

(1) The use of public space by governmental agencies acting within the scope of their

authority, or

(2) Authorized uses in the public space permitted by other chapters of this title.

10-903 Public Space Defined. Public space shall mean property under maintenance and

control of Governing Body under 8-101 of this Code.

10-904 Permit Required. It shall be unlawful for any person or entity to hold, sponsor,

or cause to be held, a special event without a permit as provided herein.

10-905 Application for Special Event Permit: Hold Harmless. Any person or entity

desiring to conduct a special event shall file an application with the Village Clerk, upon a

form to be furnished by the Village, which can have another application attached

containing the same information, such as a liquor commission application, which

application shall set forth the following:

(1) The name, address, and telephone number of the person or entity responsible for

the special event. If the sponsor includes a sponsoring organization or

corporation of any kind, the applicant shall provide the name and address of the

person within the sponsoring organization who will be responsible for the special

event requested as well as the name, address, and telephone number of the

organization;

(2) The nature of the proposed special event;

(3) The date, hours, location requested and provide a drawing or map of the set up;

(4) An agreement to save and keep the Village free and harmless from any and all

loss or damages or claims for damages, including attorney’s fees and litigation

costs, arising from or out of the special event;

(5) An agreement to comply with all related municipal ordinances, rules, regulations

and other applicable laws;

(6) Fire safety requirements;

(7) Health and first aid requirements;

(8) Safety requirements for both participants, spectators, and the general public

especially in regard to crowd management and security in place;

(9) Maintaining public order, except the costs of maintaining public order for any

reaction or activity responsive or counter to the special event or participants at the

special event;

(10) Sanitation requirements, including toilet facilities, trash removal and

recycling;

(11) Maximum number of attendees;

(12) Parking plan;

(13) Adjacent property owners have been notified of the event in writing;

(14) Certificate of Liability Insurance will be provided in advance of the event;

(15) Alcohol consumption and prevention of consumption by minors;

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(16) Zoning for the area to be used for the event;

(17) Use and source of electricity;

(18) Any permitted private use of any Village street, alley, sidewalk, property,

or other Village ground or of the space above or below such Village property or

ground is upon the express condition that the person making such use shall save

and keep the Village free and harmless from any and all claims, demands,

obligations, and litigation resulting from such use; and every such person making

such use shall do so in such a manner that the Village property or ground shall be

safe for public use; and

(19) Such other pertinent information as may be requested.

10-906 Application Submittal Time. Permit applications must be submitted to the

Village Clerk no less than seven (7) days prior to the Planning Commission meeting at

which the application will be considered. The application must be submitted to the

Malcolm Planning Commission, then after review will be recommended to the Village

Board of Trustees.

10-907 Permit Fee; Payment Required. The applicant for any special event shall, at the

time of making application, pay to the Village a permit fee of $50.00 for each permit per

special event, which permit fee shall be used to defray the costs related to the issuance of

such permit and which shall be in addition to such further and additional special event

fees as may be imposed at the discretion of the Village Board. Such permit fee includes

the use of the Village’s barricades and any other safety devices for traffic control and

barricading.

10-908 Permit; Issuance. The Village Board may issue a permit for a special event and

may, as part of such permit, include such conditions as the Village Board deems

necessary for the preservation of the public health, safety, and welfare and for the

protection of the public space to be utilized, subject to further requirements of the Village

Board, or in the alternative the Board may deny a permit for reasons including but not

limited to:

(1) Will cause unreasonable injury or damage to the public space requested;

(2) Conflicts with a prior permit, or a prior application that is likely to be granted,

for the same public space and for the same time;

(3) Will interfere with the provision of proper fire and police protection;

(4) Will adversely affect adjacent or neighboring properties by causing excessive

noise or creating a nuisance;

(5) Will unreasonably interfere with the safe, orderly, and expeditious movement

of vehicular or pedestrian traffic;

(6) Will fail to comply in any respect with the provisions of this article or any

other applicable law;

(7) If the applicant has unpaid or past due fees under this article for any prior

special event;

(8) Fails to provide necessary services and equipment reasonably required for the

special event.

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Issuance of a special event permit shall not constitute Village endorsement or sponsorship

of the special event, and no permittee shall represent, advertise, promote, or otherwise

publish any claim whatsoever related to Village endorsement or sponsorship of the

special event without actual endorsement from the Village Board at the time of issuance

of the permit.

10-909 Insurance Requirements. The person or entity shall maintain public liability

insurance for the duration of the permit in a suitable policy form with a minimum

combined single limit of $1,000,000 aggregate for any one occurrence, naming the

Village as an additional insured.

The person or entity shall file a certificate of insurance with the Village Clerk at the time

of approval of the permit and prior to the event, which shall contain:

(1) A valid and effective policy or policies of insurance issued by an insurance

company authorized to do business in the State of Nebraska;

(2) The limits of each policy;

(3) The policy number;

(4) The name of the insurer;

(5) The effective date and expiration date of each policy;

(6) The deductibles or self-insurance retainers of each policy;

(7) That the Village is named as an additional insured.

The Village Attorney shall review the insurance coverage and may reject insurance that

does not comply with this section. The person or entity shall provide the declarations

page or a copy of any policy, complete with endorsements, upon the request of the

Village Attorney.

10-910 Security Deposit. A $500.00 check or draft for cleaning and damage shall be

received and held without depositing as a security deposit for the completion of tasks to

clean and repair damage, and such deposit shall be returned if tasks are completed as

required at the discretion of the Village Board. If tasks are not completed by the

permittee, then the check or draft shall be deposited and used towards the cost of the

Village completing the tasks. The unused portion of the proceeds shall be returned to the

permittee within thirty (30) days of the event. If the cost to the Village exceeds the

proceeds, then the Village Clerk shall invoice the permittee for the additional costs,

which must be paid to the Village by the permittee within thirty (30) days of the date of

the invoice.

10-911 Special Events; Signage. A person or entity may erect such signs and banners

related to the special event as may be approved as part of the permit, and all such signs

shall be in accordance with the provision of the section, and shall be subject to §9-102-1

without a requirement for a separate permit for the sign. The following general

restrictions relating to such signage shall apply:

(1) All signs shall be constructed to withstand a 25-pound per square foot windload.

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(2) Banners of vinyl, canvas, fabric, or other similar material shall be permitted to

hang from or on a wall, provided said banner is supported and attached to the wall

with metal cable or nylon or polyprophylene rope (test break minimum of 1,100

pounds). Banners may extend up to six inches into the public right-of-way when

located eight feet or more above grade of said right-of-way.

(3) Banners may extend over public property and may extend across a public street

only where proper poles and equipment are available and by specific written

approval on the permit. The permit may allow banners under this subsection for

up to a maximum of twenty-one days and no more than fourteen days prior to the

special event. Banners shall be subject to all related laws and ordinances. Such

banners, when extended over a public street, shall maintain a minimum clearance

of twenty feet.

(4) The attachment, support, construction, and design of all signs and banners shall be

subject to approval by the Village.

(5) The person or entity:

(a) May install and maintain signs and banners only during such times as are

authorized in the permit;

(b) Shall remove all signs and banners at the expiration of such permit;

(c) Shall pay any costs to remove signs and banners if the person or entity

fails to remove any signs at the expiration of the permit; and

(d) Shall pay any repair costs for damage to any tree, shrub, bench, fence,

railing, post, or public structure, fixture, or improvement related to any

sign or other device placed under this section.

10-912 Permits; Revocation; Authority of the Village Board. The Village Board may

revoke any permit issued under this article if the Village Board finds that such special

event:

(1) Is being conducted in violation of any of the terms and conditions of the

permit, the provisions of this article, or any applicable law;

(2) Is substantially interfering with fire or police protection;

(3) Is causing physical damage to persons or property;

(4) Is causing a disturbance of the peace;

(5) Is causing a health hazard; or

(6) Is not conducted in a manner consistent with the representation set forth in the

application therefor;

(7) Insurance has lapsed or has been cancelled.

Fees paid will not be returned to the permittee but such fees will be used to cover the cost

of enforcing the permit. Revocation is part of the indemnification of §§10-905 and 10-

915, and may result in loss of the security deposit of §10-910 herein.

10-913 Denial or Revocation; Notice of Appeal. If the Village Board denies an

application or revokes a special event permit, the Village Clerk shall notify the applicant,

person or entity of such denial or revocation in writing, delivered in person or by mail to

the applicant’s, address stated in the application. Such notice shall include the reasons

for the denial or revocation and shall advise the applicant, person or entity that the

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decision may be appealed to the Board of Appeals established in §§4-213 to 4-219 for

nuisance.

10-914 Interference with Special Event; Unlawful. It shall be unlawful for any person

to knowingly or intentionally disrupt or physically interfere with any special event for

which a permit has been issued under this article.

10-915 Permitted Obstruction of Streets and Sidewalks; Supercedes Other Code

Sections Prohibiting Obstruction of Streets and Sidewalks. This Code Section

regarding permitted uses of public ways shall supercede conflicting Village Code

sections in Chapters 5 and 8, as well as any other conflicting Village Code sections which

otherwise prohibit obstruction of streets, alleys, sidewalks and public ways. The Village

Board may allow permitted Special Events to obstruct specified streets, alleys, sidewalks

and/or public ways upon which the Special Event is to be operated during the specified

times and dates contained in the issued permit for a Special Event. Any permitted private

use of any street, alley, sidewalk, property or Village grounds is granted upon the express

condition that the permitee shall save and keep the Village free and harmless from any

and all claims, demands, obligations, and/or litigation resulting from such use; and every

permittee shall conduct such private use in a manner that the Village property or ground

shall be safe for public use.

Article 10. Mobile Food Vendors

(Ordinance No. 2020-02, June 3, 2020)

10-1001 Definitions. For the purpose of this article, the following terms shall have the

meanings respectively ascribed to them:

Caterer shall mean a person who transports ready-to-eat food from a permitted

food service establishment to another location or building for service on a per

event basis for hire and does not include a temporary food service event.

Food shall mean any raw, cooked, or processed edible substance, beverage,

ingredient, ice, or water used or intended for use or for sale in whole or in part for

human consumption.

Mobile food vendor shall mean a person who by traveling from place to place

upon the public ways sells or offers for sale food from public or private property

to consumers for immediate delivery and consumption upon purchase, including

but not limited to any such person engaged for the purposes of any public or

private event occurring within the corporate limits of the Village of Malcolm,

Nebraska. The following activities are excluded from such definition, and, alone,

do not subject a vendor to being covered by such definition: (a) the sale or offer

for sale of farm products produced or raised by such a vendor from land occupied

and cultivated by him/her; or (b) the sale or offer for sale of food by a caterer.

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Permanent food establishment shall mean a fixed building which a person

occupies on a continual basis and from which such person sells or offers to sell

food for immediate delivery and consumption upon purchase. Such term shall not

include a location where a mobile food vendor sells or offers to sell food.

Village Board shall mean the Board of Trustees of the Village of Malcolm,

Nebraska.

Village Clerk shall mean the Village Clerk of the Village of Malcolm, Nebraska,

or his/her authorized designee.

10-1002 License required. It shall be unlawful for any person to sell or offer for sale

food as a mobile food vendor or operate as a mobile food vendor within the Village,

unless such person complies with the requirements and regulations of this article,

including holding a valid and active mobile food vendor license issued by the Village of

Malcolm.

10-1003 Application. An applicant for a license pursuant to this article shall file with the

Village Clerk a signed application on a form to be furnished by the Village Clerk, which

shall contain the following information;

(a) The applicant's business name, address, and phone number; and e-mail address, if

any;

(b) If the applicant is a corporation, partnership, or other entity, the names of all officers

and managers of such entity;

(c) If food is to be sold from any motor vehicle, the vehicle license numbers and

descriptions of all vehicles from which the applicant proposes to sell food, and the names

of all persons expected to drive such vehicles;

(d) The description of the general type of food items to be sold;

(e) Documentation (certificate) from the State of Nebraska (Dept. of Agriculture) Health

Department showing its approval of the applicant's sale of food, if required;

(f) A copy of the State of Nebraska sales tax permit, or proof of an applicable sales tax

exemption, for the applicant;

(g) A general description of the types of locations the applicant anticipates selling from;

(h) A copy of the vehicle registration and proof of insurance;

(i) Such other information as the Village Clerk may require in the application form.

10-1004 Issuance or denial.

(a) Upon receipt of a complete application for a license pursuant to this article, the

Village Clerk shall make or cause to be made any inquiry or investigation that may be

necessary to determine whether the applicant is in compliance with the provisions of all

applicable laws and this Code.

(b) After receipt of the completed application and application fee, the Village Clerk

and/or Village Board Member shall either approve or deny the application. Grounds for

denial may include, but are not limited to, the following:

(1) A finding that the application is incomplete;

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(2) The nonpayment of applicable fees;

(3) A finding that the application is not in conformance with any applicable laws

or this Code;

(4) A history of violations which, in the discretion of the Village Board, indicates

that the issuance of a license to the applicant may place the health, safety, and/or

welfare of the residents of the Village of Malcolm at risk of harm.

10-1005 License fee and renewal.

(a) An application for a license under this article shall be accompanied by a

nonrefundable processing fee of $100.00 for an annual license or $25.00 per day for a

daily license.

(b) An annual license issued under this article shall expire on December 31 of each year,

unless renewed for the following year by the licensee. The licensee shall renew the

license for the following year by filing with the Village Clerk, on or before December 31,

a registration updating or confirming the information provided in the immediately

preceding license application or registration. The registration shall be on a form provided

by the Village Clerk.

10-1006 Sales regulations. Mobile food vendors shall comply with the following

regulations:

(a) A mobile food vendor shall not sell nor offer to sell food from a location within 100

feet of the main entrance used by customers to enter or exit a permanent food

establishment during the hours food is sold within such permanent food establishment,

unless each such permanent food establishment within such area has provided written

consent.

(b) A motor vehicle from which a mobile food vendor sells or offers to sell food shall not

exceed 40 feet in length and 102 inches in width. A mobile food vendor selling or

offering the sale of food from or using a trailer or other auxiliary equipment shall, during

such operations, keep the trailer or auxiliary equipment hitched to an operable motor

vehicle towing it, unless otherwise permitted by the Village in association with an

authorized street show, festival, parade, block party, or similar event. An attached trailer

or other auxiliary equipment shall not exceed 102 inches in width, and the combined

length of the motor vehicle and trailer or auxiliary equipment shall not exceed 60 feet.

The maximum dimensions in this subsection may be exceeded by a particular motor

vehicle, trailer, or piece of equipment, if approved by the Village Board upon a mobile

food vendor's application for a waiver.

(c) A mobile food vendor may sell or offer to sell food from a motor vehicle at a location

in a Village right-of-way open to traffic or parking, but only from a motor vehicle parked

in a location where a motor vehicle is authorized to park by law, signage, or Village

permit. Such a motor vehicle and auxiliary equipment shall not be parked at a diagonal

parking space, unless specifically authorized by the Village. Such a motor vehicle and

auxiliary equipment shall not be parked in a parking space adjacent to the corner of a

street intersection.

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(d) A mobile food vendor shall not sell or offer to sell food from a location which would

involve customers to be waited on or served while standing in a portion of a street being

traversed by motor vehicle traffic.

(e) A mobile food vendor who sells or offers to sell food from a location on property

other than a parking space or Village right-of-way shall first obtain and possess, and be

able to exhibit upon request, each of the following:

(1) Written consent of the owner of such property; and

(2) A temporary use permit issued by the Village; provided, that a temporary use

permit shall not be required if the mobile food vendor is present as an authorized

part of a private event or an event authorized by another Village permit.

(f) A mobile food vendor shall not sell nor offer to sell food from a Village park property

unless he/she possesses the written consent of the Village of Malcolm.

(g) A mobile food vendor shall not sell nor offer to sell food from a school property

unless he/she possesses the written consent of an authorized representative of the school.

(h) A mobile food vendor shall not sell nor offer to sell food from a location within an

area authorized for a street show, festival, parade, block party, or similar event, or within

200 feet of any boundary of such authorized area, unless the mobile food vendor is in

possession of the written consent of the event licensee to sell or offer to sell food from

that location.

(i) A mobile food vendor shall possess and be able to exhibit his/her license under this

article, all required State of Nebraska (Dept. of Agriculture) Health Department permits,

a State of Nebraska sales tax permit or proof of sales tax exemption, and any other

written consents or documentation required under this article, at all times during which

the mobile food vendor is selling or offering to sell food.

(j) The Village Board of Trustees may order a mobile food vendor to move from or leave

a specific location if the operation of the mobile food vendor at that location causes an

obstruction to vehicular or pedestrian traffic or otherwise endangers the health, safety, or

welfare of the public. The Village may tow or otherwise move a mobile food vendor's

vehicle or other auxiliary equipment to another location if the vehicle or equipment

presents a danger to public safety and the mobile food vendor fails to move the same.

(k) An individual representative of the mobile food vendor shall be present with the

motor vehicle and other auxiliary equipment operated by the mobile food vendor at all

times that it is parked in Village right-of-way or on Village property, and at all times that

it is parked on private property at a location where food is or will be offered for sale.

(l) A mobile food vendor may sell or offer to sell food seven (7) days a week, but only

from 8:00 a.m. to 9:00 p.m. unless extended by the Village Board on a case-by-case

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basis. It shall be unlawful for a mobile food vendor to sell or offer to sell food at any

other times. Notwithstanding this subsection, upon evidence of endangerment of public

safety, the Village Board of Trustees may further limit hours of operation for all mobile

food trucks within the Village, as needed for the protection of public safety.

(m) A mobile food vendor using a motor vehicle shall maintain a motor vehicle liability

insurance policy for such motor vehicle as required by state law and shall exhibit proof of

such policy when requested.

(n) A mobile food vendor shall maintain in operable condition all fire suppression

equipment or devices as required by local, state, or federal law.

(o) It shall be unlawful for a mobile food vendor to sell or offer to sell alcoholic drinks

or food.

(p) A mobile food vendor shall visibly display his/her business name on his/her motor

vehicle or auxiliary equipment.

(q) A mobile food vendor shall provide trash receptacles for the collection of trash and

recyclable materials in sizes sufficient to serve his/her customers. Prior to leaving a

location, the mobile food vendor shall pick up and properly dispose of any trash, litter, or

recyclable materials within 25 feet of the location. Receptacles and their contents shall

be removed from the location for proper disposal or recycling, and contents shall not be

deposited in public trash or recycling containers on Village right-of-way or Village

property.

(r) A mobile food vendor shall not place on Village right-of-way or Village property any

freestanding sign, table, chair, umbrella, electric generator, or other fixture or equipment;

provided, that a mobile food vendor may place one identification or menu sign and one

table (not for seating customers) on the sidewalk or other area directly adjacent to his/her

parked motor vehicle or other equipment.

(s) A mobile food vendor shall comply with all Village ordinances regulating noise.

10-1007 Revocation or suspension.

(a) The Village Board may revoke or suspend a license issued under this article for any

of the following reasons:

(1) Any fraud, misrepresentation, or false statement contained in the application

for license;

(2) Any fraud, misrepresentation, or false statement made in connection with the

selling of food;

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(3) Any violation of this article or any applicable laws or provisions of this Code;

(4) Conducting the business licensed under this article in an unlawful manner or

in such a manner as to constitute a breach of the peace or a menace to the health,

safety, or general welfare of the public.

(b) The Village Board shall revoke a license issued under this article for any mobile food

vendor who is convicted of two (2) or more separate violations of the provisions of this

article or of any similar article in effect in any other jurisdiction within any consecutive

12-month period. For purposes of this section conviction shall mean any finding of guilt

or liability on the part of the mobile food vendor by a court of competent jurisdiction and

shall include any conviction that has previously been set aside.

(c) To revoke or suspend a license, the Village Board shall provide written notice to the

license holder stating the revocation or suspension action taken, the grounds for such

action, and the availability of an appeal under this section. Such notice shall be served

personally upon the license holder or sent by regular U.S. mail to the license holder's

address as stated in his/her application.

(d) A license holder aggrieved by the decision of the Village Board under this section

must file an appeal with the Village Clerk within ten (10) days of the date of mailing of

the notice of revocation or suspension. Such appeal shall be heard by the Village Board

of Adjustment within three (3) months.

(e) A person whose license has been revoked under this article may not re-apply for a

new license for a period of six (6) months after the effective date of the revocation.

10-1008 Special districts.

(a) The Village finds that the Village's neighborhoods and business district have

differing characteristics and will be affected in varying ways by the operations of mobile

food vendors. Thus, it is appropriate to provide for the creation of special districts subject

to special rules governing mobile food vendors.

(b) The Village Board of Trustees may by ordinance establish a special district with

defined geographic boundaries, and adopt special rules governing mobile food vendors to

be applied, based on a reasonable showing of public health and/or public safety concerns

demonstrating the need for different operation of mobile food vendors, within such

special district.

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Article 11. Penal Provisions

11-1001 Violation; Penalty. Any person who shall violate or refuse to comply with the

enforcement of any of the provisions of this Chapter, set forth at full length herein or

incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction

thereof, shall be fined not more than five hundred dollars ($500.00) for each offense. A

new violation shall be deemed to have been committed every twenty-four hours of such

failure to comply.