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The mayor shall have the power to revoke, for cause, any business regulatory certificate issued by the city treasurer. In the event a business regulatory certificate is revoked by the mayor, no portion of the business regulatory certificate fee shall be refunded.
A. Causes For Revocation: The mayor shall have sufficient cause to revoke any business regulatory certificate granted by him if one or more of the following conditions are determined to exist following the issuance of said business regulatory certificate:
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. (Ord. 7245, 2-23-2011)
6. The owner, manager, operator, or an employee of the business is found to have violated any City ordinance upon or within the regulated business establishment or in connection with the operation of the business. (Ord. 7690, 3-27-2019)
B. Revocation Procedures:
1. In the event the City Treasurer believes that there may be sufficient cause to revoke any business regulatory certificate issued by him, he shall file with the Office of the Mayor a written statement setting forth the cause believed to exist to revoke any business regulatory certificate. The written statement shall specify the condition or conditions which exist as specified in subsection A of this section and which constitute sufficient cause to revoke the business regulatory certificate.
2. The written statement of the City Treasurer filed with the Office of the Mayor shall be referred to hereafter as "charges".
3. Upon receipt of a charges 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 but not less than fourteen (14) days and not more than thirty (30) days following the receipt of the charges in the Office of the Mayor. The Office of the Mayor shall give notice of the hearing to the holder of the business regulatory certificate by mailing by regular U.S. Postal Service the notice of hearing, together with a copy of the charges, to the last address of record for the holder of the business regulatory certificate.
4. At the administrative hearing before the Mayor or his designated Hearing Officer, the City Treasurer shall first present his documents, testimony or other evidence he may so choose to support his charges filed with the Office of the Mayor. The holder of the business regulatory certificate may be represented by an attorney licensed to practice law in the State of Illinois, if they so choose. The holder of the business regulatory certificate shall have an opportunity to respond to the documents, testimony or other evidence presented by or on behalf of the City Treasurer by presenting additional documents, testimony or other evidence. All persons who testify shall be subject to cross examination.
5. The hearing may be continued from time to time in the discretion of the Mayor or the Hearing Officer with notice to the holder of the business regulatory certificate and City Treasurer or his designated representative delivered in the course of the hearing or by regular U.S. Postal Service. A complete record of the hearing shall be made by the Mayor or the Hearing Officer by 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 whether to revoke the 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. After review of any charges filed with the Office of the Mayor by the City Treasurer, in the matters aforesaid if the Mayor determines that there exist not only sufficient cause to conduct a hearing to revoke a business regulatory certificate granted by the City Treasurer, but that the charges present the reasonable inference of an immediate and substantial threat to the public health, safety or welfare, so that a condition exists which requires immediate emergency action; in that event the Mayor may suspend a business regulatory certificate during the pendency of the hearing described above. In the event a business regulatory certificate is suspended under the powers of this subsection, the hearing to be held as described above, shall be held as promptly as possible. Upon agreement of all parties concerned, the notice and time requirements for the hearing of this section may be waived. (Ord. 7245, 2-23-2011)
8. The revocation procedures as established in this subsection B shall not apply to the regulatory certificate or business license required for any person or beneficial owner to engage in the business of renting or leasing one or more residential dwelling units in the City of Alton as established by chapter 21 of this title; there being specific provisions applicable within chapter 21 of this title concerning the possible sanctions or remedies in the event of failure to comply with the requirements established for the holder of such a regulatory certificate or license. (Ord. 7690, 3-27-2019)
1. See titles 5, 9, 10 and 11 of this code.