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A. Conditions: No business regulatory certificate for the operation of any establishment in the city shall be issued if one or more of the following conditions are determined by the city treasurer to exist:
1. The building or premises utilized by the establishment does not comply with the provisions and terms of the building code, zoning ordinance, fire regulations, health regulations 1 or with all other ordinances and regulations of the city.
2. The building or premises utilized by the establishment are in a condition of being unsanitary or unsafe so as to endanger the public safety, health or welfare.
3. The proposed operation or activity of the establishment constitutes an unsanitary or unsafe condition so as to endanger the public safety, health or welfare.
4. The owner, investor, operator or manager of the establishment or such legal entity comprising the establishment is delinquent in indebtedness to the city.
5. The owner, investor, operator or manager of the establishment represents an unreasonable danger to the public health, safety or welfare of the public due to the past criminal or business activities of the owner, investor, operator or manager of the proposed establishment after considering the particular nature or circumstances of the activities proposed to be conducted.
B. Appeal: In the event a person is denied the issuance of a business regulatory certificate by the city treasurer for any of the reasons as set forth in this section, the city treasurer shall provide a written notice of the denial to the applicant. The denial shall specify the conditions determined by the city treasurer to exist upon which the denial is based by referencing the paragraph or paragraphs of this section relied upon by the city treasurer in determining to deny the business regulatory certificate. If the applicant desires to appeal the determination of the city treasurer to deny the business regulatory certificate, the applicant may do so by compliance with the following administrative procedures:
1. The applicant shall file a written notice of appeal with the office of the mayor of the city of Alton within fourteen (14) days following the written denial of the city treasurer. The notice of appeal must be accompanied by a copy of the written denial of the city treasurer along with a statement from the applicant of his intent to appeal said denial. The applicant must provide at a minimum the applicant's current name, address and contact information, including if available, a phone number and e-mail address. If the applicant desires to be represented by an attorney licensed to practice law in the state of Illinois, the applicant shall further set forth the name, current address and if available the phone number and the e-mail address for said attorney.
2. Upon receipt of a notice of appeal as aforesaid, the mayor shall schedule an administrative hearing to be held before the mayor, or a hearing officer to be designated by the mayor, in city hall at a time and on a date to be determined by the mayor, not less than fourteen (14) days and not more than thirty (30) days following the receipt of the notice of appeal in the office of the mayor.
3. At the administrative hearing before the mayor, or his designated hearing officer, the appellant will first present his application for a business regulatory certificate, together with any supporting documents, testimony or other evidence he may so choose to present to describe the particular commercial establishment desired to be operated by the applicant, along with evidence as to the suitability of the location for the proposed commercial establishment. Following the presentation of the merits of the application by the applicant as aforesaid, the city treasurer, or his designated representative, shall present any and all documents, materials, testimony or other evidence he may so choose to present in support of the determination to deny the issuance of the business regulatory certificate.
4. All persons who testify in the course of the administrative hearing shall be sworn by the mayor or the hearing officer. All persons who testify shall be subject to cross examination by the party not calling the person to testify. The formal rules of evidence applicable in a court of law shall not be applied but may be used as a guide in the conduct of the hearing. Hearsay and other forms of evidence may be admitted in the discretion of the mayor or the hearing officer.
5. The hearing may be continued from time to time by the mayor or the hearing officer with notice to the applicant and city treasurer or his designated representative delivered in the course of the hearing or later by mail. A complete record of the hearing shall be caused to be made by the mayor or the hearing officer by way of audiotape, stenographer or court reporter.
6. Upon the conclusion of the evidence and any arguments that may be permitted on the record in the discretion of the mayor or the hearing officer, the hearing shall be adjourned. Within fourteen (14) days following the adjournment of the hearing, the mayor or the hearing officer shall issue a written decision to either affirm the decision of the city treasurer to deny the issuance of a business regulatory certificate or, in the alternative, order the city treasurer to issue a business regulatory certificate. Notice of the written decision, including findings of fact to support the decision, shall be mailed to the applicant by regular U.S. postal service and shall be filed with the city treasurer and with the city clerk contemporaneously with the mailing thereof and shall thereafter be considered public records.
7. The decision of the mayor or hearing officer shall be considered a final administrative order and shall be subject to judicial review pursuant to the Illinois administrative review act. (Ord. 7245, 2-23-2011)
1. See titles 5, 9, 10 and 11 of this code.