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G-1002 - 05/28/2013 - LICENSE- LIMO - OrdinancesORDINANCE 2013 -LC- LIMO- CO -DR -G -1002 AN ORDINANCE AMENDING SECTIONS 4-10-3,4-10-4, AND 4 -10 -5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO LIMOUSINE LICENSES WHEREAS, Section 11 -42-6 of the Illinois Municipal Code, 65 ILCS 5/1142 -6 ( "Municipal Code', provides the Village of Oak Brook ( "Village') the authority to license, tax, and regulate limou- sines; and WHEREAS, pursuant to the Municipal Code, the Village adopted Chapter 10, of Title 4, of the Village Code of the Village of Oak Brook, Illinois ( "Village Code), which imposes regulations and license requirements for limousines operated within the Village to protect the safety and welfare of the Village's residents and those passing upon the Village's streets and ways ( "Limousine Regulations"), and WHEREAS, the Village President and the Board of Trustees have determined that the Limousine Regulations should be amended to improve the administration of the licensing process; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to amend the Village Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 4 -10 -3 of the Village Code. Section 3, entitled "Limou- sine Company Licenses," of Chapter 10, entitled "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4- 10- 3:LIMOUSINE COMPANY LICENSES A. No limousine company shall pick up or deposit passengers within the Village un- less the limousine company first obtains a limousine company license. Such limou- sine company licenses shall be issued for the term of the licensing year, April 1 through March 31, or such part thereof as remains at the time the license is applied for, and shall be effective for such period of time unless sooner suspended or re- voked. The full yearly license fee shall be charged no matter when the license is applied for or issued. B. Applications shall be made by the limousine company, in writing, to the village on forms provided by the village. A license fee of two hundred fifty dollars (250.00) shall be submitted with the application. If the application is for renewal of a limou- sine license, the application shall be submitted to the village not less than thirty (30) days prior to expiration of the current license. Renewal applications filed after this deadline shall be considered a late filing but shall be accepted by the village provided a late filing fee of two hundred fifty dollars ($250.00) is submitted with the application and license fee. Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 2 of 4 D, The limousine company, in addition to obtaining a limousine company license, shall license or cause to be licensed each individual limousine it operates, or that is operated on its behalf, that picks up or deposits passengers within the Vil- lage, in accordance with this chapter. J. Nothing in this chapter shall require a limousine company to obtain a limousine company license to pick up or deposit passengers within the Village if the limousine company only: (i) transports a passenger from the Village to a destination within another state; (ii) transports a passenger from another state to a destination within the Village; (iii) transports a passenger from the Village to another state, and then to a destination in Illinois, all within the same trip; or (iv) transports a passenger from another state to a destination within the Village, and then to a destination in another state, all within the same trip." Section 3: Amendment to Section 4 -10-4 of the Village Code. Section 4, entitled "Limou- sine Vehicle License; Vehicle Requirements" of Chapter 10, entitled "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as fol- lows: "4 -2-4: LIMOUSINE VEHICLE LICENSE; VEHICLE REQUIREMENTS A. No limousine vehicle shall pick up or deposit passengers within the Village unless there shall first have been obtained for each such vehicle a limousine vehicle li- cense. The requirements of this section shall be in addition to those of section 4- 10-3 of this chapter, relating to limousine company licenses, and section 4 -10 -5 of this chapter, relating to limousine drivers' licenses. E. The condition of limousines licensed by the village shall be as follows: Every limousine operated by a limousine company licensed by the village shall be maintained in a safe condition at all times. If any limousine shall become unsafe for operation or if its body or seating facilities shall be so damaged as to render the limousine unfit for public use, the commissioner may, after hearing, suspend the license issued to the limousine company operating that vehicle, or suspend that limousine vehicle license, until the vehicle is made safe for use by the public or replaced with a vehicle that complies with this chapter. 2. All doors of every limousine shall have functional interior door handles and latches. 3. In addition to the requirements in subsection F of this section, every limou- sine shall meet the following standards while in service in the village: a. The vehicle's exterior appearance including paint, lettering and chrome shall be in good condition and free from excessive rust; and Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 3 of 4 b. The vehicle's interior shall be clean, sanitary and the upholstery shall be in good repair. Each limousine operated by a licensed limousine company shall provide entrances and exits free of interior barriers and have a sufficient number of exits to permit every passenger and the driver to exit from the vehicle in the event that one side is rendered impassible as the result of an accident, safety conditions or otherwise- Nothing in this chapter shall require a limousine to have or maintain a limousine vehicle license for that limousine to pick up or deposit passengers within the Village when the limousine only: (i) transports a passenger from the Village to a destina- tion within another state, (ii) transports a passenger from another state to a desti- nation within the Village; (iii) transports a passenger from the Village to another state, and then to a destination in Illinois, all within the same trip; or (iv) transports a passenger from another state to a destination within the Village, and then to a destination in another state, all within the same trip." Section 4: Amendment to Section 4 -10 -5 of the Village Code. Section 5, entitled "Limou- sine Driver's License" of Chapter 10, entitled "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4 -2-5: LIMOUSINE DRIVER'S LICENSE: A. Required: It shall be unlawful for any person to operate a limousine licensed pur- suant to section 4 -10-4 of this chapter unless that person has been issued a limou- sine driver's license by the village. It shall be unlawful for any person to pick up or deposit passengers in the Village in a limousine on behalf of a limousine company that is not properly licensed pursuant to section 4 -10 -3 of this chapter or that is not a licensed limousine pursuant to section 4 -104 of this chapter. No limousine driv- er's license shall be issued unless the requirements relating to limousine compa- nies set forth in section 4 -10 -3 of this chapter and the requirements of this section have been satisfied. B. Driver Qualifications: Each driver who drives any limousine in the village that is re- quired to be licensed pursuant to section 4 -10-4 of this chapter shall at all times meet the following qualifications:" Section 5: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 281h day of May, 2013 Gopa G. Lalmalani Village President PASSED THIS 28th day of May, 2013. Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 4 of 4 Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf None ATTEST: Charlotte K. Pruss Village Clerk