(A) Inspections.
(1) Persons authorized. The following persons are hereby authorized to conduct inspections in the manner prescribed in this section:
(a) License Officer. The City License Officer shall make or cause to be made all investigations reasonably necessary to the enforcement of this chapter;
(b) Other officials. The City License Officer may order the inspection of licensees and their businesses and premises by all city officials having duties to perform with reference to the licensees or businesses; and
(c) Police officers. All police officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this chapter.
(2) Authority of Inspectors. If any person who is authorized by this section to inspect licensees and business is denied access to any premises where the licensee or business operates, the city may apply to a judge in the Circuit Court of the county for an administrative search warrant. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether the licensee or business is in compliance with all city ordinances and, where applicable, state and federal laws and regulations.
(3) Reports. Persons inspecting licensees and their businesses or premises as authorized in this section shall report a violation of any of the provisions of this chapter or of other laws or ordinances to the City License Officer and shall submit other reports as the License Officer shall order.
(B) Provisional orders to comply. When an Inspector has reported a violation of any of the provisions of this chapter or of any law or ordinance, the City License Officer shall issue to the affected person a provisional order to comply with the provision.
(1) Nature of notice. The provisional order, and all other notices issued in compliance with this chapter, shall be in writing, shall be personally served upon the licensee or his or her agent at the address or location for which a present or prior license was issued and shall apprise the person affected of the specific violations. In the absence of the person affected or his or her agent or employee, a copy of the notice shall be affixed to a structure on the premises. Depositing the notice addressed to the licensee at his or her last known address, according to the records of the city, in the United States mail, shall constitute service thereof.
(2) Period for compliance. The provisional order shall require compliance within 15 days of personal service on the affected person.
(3) Hearing. Upon written application by the person affected, before the expiration of the 15-day period for compliance, the City License Officer shall order a hearing. Notice of the hearing shall be given to the affected person in the manner prescribed in this section.
(4) Authority of License Officer. Upon written application by the person affected, or upon his or her own motion, the City License Officer may, in a proper case, extend the time for compliance or grant a new hearing date.
(C) Final orders.
(1) Upon the failure or refusal of the violator to comply with the provisional order or with any order made after a hearing before the Local Ordinance Court Adjudication, the City License Officer shall then declare and make the provisional order final.
(2) The City License Officer may suspend or revoke a license upon making and declaring a provisional order final. Upon the revocation or suspension, no refund of any portion of the license fee shall be made to the licensee, and he or she shall immediately cease all business at all places under the license.
(D) Summary action.
(1) When the conduct of any licensee or agent or employee thereof is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the City License Officer may summarily order the cessation of the business and the closure of the premises, or may suspend or revoke the license therefor.
(2) Unless waived in writing, within 15 days after he or she has acted summarily, the City License Officer shall conduct a special hearing for the action with respect to the summary order as may be therein determined. Notice of the hearing shall be given to the affected person in the manner prescribed in this section.
(E) Appeals. Any person aggrieved by a decision of the Local Ordinance Court Adjudication after a hearing may appeal the decision to the Mayor by filing a written appeal in the office of the Mayor within 15 days following the effective date of the action or decision complained of.
(1) Contents. The appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid the order.
(2) Notification of License Officer. At the time of filing any appeal, a copy thereof shall be filed by the appellant with the City License Officer.
(3) Hearings. The Mayor shall fix a time and place for hearing the appeal and shall personally serve a written notice, as provided in this section, upon the appellant informing him or her thereof. The Mayor shall also give notice to the City License Officer and to the Local Ordinance Court Adjudication, and the City License Officer shall be entitled to appear and defend the order.
(4) Effect of decision. The findings of the Mayor shall be final and conclusive and shall be personally served upon the appellant, as required in this section.
(F) Liability of violator.
(1) Unpaid fees. The amount of any unpaid fee, the payment of which is required under this chapter, shall constitute a debt due the city.
(2) Action by City Attorney. The City Attorney shall, at the direction of the City License Officer, institute a civil suit in the name of the city to recover any unpaid fee.
(3) Criminal prosecutions. No civil judgment or any act by the City Attorney, the City License Officer or the violator shall bar or prevent a criminal prosecution for a violation of any of the provisions of this chapter.
(Ord. 85-31, passed 10-15-1985)