A. Suspension Of Business Operations:
1. When the conduct or operation of any commercial establishment or activity, whether licensed or unlicensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, the village administrator shall be authorized to summarily order the cessation of business and the closing of the premises for a period not to exceed ten (10) days.
2. Unless: a) waived by the affected business; or b) the nuisance is substantially abated in the opinion of the village administrator and the business is allowed to resume and reopen, within eight (8) days after a license is suspended, the village president shall call a hearing as provided in subsection C of this section for the purpose of determining whether or not the license should be revoked or further suspended.
B. Suspension Or Revocation Of License:
1. Licenses issued by the village may be suspended for up to thirty (30) days or revoked in addition to any fine imposed by the village president after notice and hearing as provided in subsection C of this section for any of the following causes:
a. Any fraud, misrepresentation, or false statement contained in the application for the license;
b. Failure by the applicant to comply with any provision of this code or any statutes of the state relating to the business, occupation, or activity of the license;
c. Conviction of the applicant of any felony or of a misdemeanor where such conviction indicates the applicant's inability to operate a safe, honest, and legitimate business operation within the village;
d. Failure of the licensee to pay any fine, penalty, charge or debt owed the village;
e. Any deceptive trade practices as defined by state or federal law or regulation and shall comply with all applicable laws and regulations regarding consumer protection and deceptive trade practices;
f. Compliance with all village zoning, building, fire and health codes and ordinances, as well as all other applicable village codes, ordinances, rules, and regulations, and the premises shall be maintained in good repair, free of litter and debris and kept in a safe condition for employees, customers, and other persons present therein or thereon;
g. Any other violation of any village ordinance, resolution, or regulation; or
h. Refusal to permit an inspection or sampling or any interference with a duly authorized village officer or employee while in the reasonable performance of his duties in making such inspections.
2. Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this chapter or other ordinances of the village. No person whose license has been revoked shall be eligible for a new license during the period for which the original license was originally issued.
C. Hearing Procedures:
1. Notice Of Hearing:
a. Notice of a hearing shall set forth specifically the grounds of the complaint and the time and place of the hearing.
b. Such notice shall be served by certified mail (return receipt requested) to the licensee at his last known residence or business address, at least five (5) days prior to the date set for the hearing or personally served on the licensee at least three (3) days prior to the date set for the hearing.
c. If the licensee shall request a continuance in the date of the hearing, any suspension in effect shall be continued until the continued hearing date.
d. All pleadings, motions, notices, and orders shall be filed with the village clerk.
2. Procedural Rules:
a. Prior to the beginning of any hearing, the village president may adopt additional procedural rules as may be necessary for that hearing.
b. At the hearing, the licensee shall be permitted counsel and shall have the right to respond, present evidence, and cross examine witnesses.
c. All proceedings shall be stenographically or electronically recorded.
d. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the circuit courts of the state shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record.
e. No discovery procedure shall be used prior to a hearing except by leave of the village president who shall supervise all or any part of any discovery procedure.
f. The standard for proof for hearings shall be by the preponderance of the evidence.
g. The village president shall preside and render the decision within a reasonable time after the conclusion of the hearing, but not later than twenty one (21) days after such conclusion. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
3. Hearing Costs:
a. Any licensee whose license is suspended or revoked, or a business that operates without a license, shall pay to the village the costs of the hearing before the village president. The village president shall determine the costs incurred by the village for said hearing including, but not limited to, court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing the mailing of notices and orders, and all other miscellaneous expenses incurred by the village or such lesser sum as the village president may allow.
b. The licensee shall pay said costs to the village within thirty (30) days of notification of the costs by the village president. Failure to pay said costs within thirty (30) days of notification is a violation of this section and may be cause for license suspension or revocation or the levy of a fine. (2016 Code)