(A) When the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, or where the holder of any license shall have refused to allow an inspection of his or her premises or has refused to furnish a sample of his or her goods for testing, the Mayor shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists.
(B) Within eight days after a license or permit is suspended, the Mayor shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.
(C) Licenses and permits issued by the municipality, unless otherwise provided, may be revoked by the Mayor after notice and hearing as provided in divisions (D) and (E) below for any of the following causes:
(1) Any fraud, misrepresentation or false statement contained in the application for the license or permit;
(2) Any violation by the licensee or permittee of provisions of this subchapter or other ordinances of the municipality relating to the license or permit, the subject matter of the license or permit or the premises occupied;
(3) Conviction of the licensee or permittee of any felony or of a misdemeanor where the conviction indicates their inability to operate a safe, honest and legitimate business operation within the village;
(4) Failure of the licensee or permittee to pay any fine, penalty or charge owed to the village; and/or
(5) Refusal to permit an inspection or sampling or any interference with a duly authorized municipal officer or employee while in the reasonable performance of his or her duties in making the inspections, as provided in § 90.03 above. The revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this subchapter or other ordinances of the municipality.
(D) Notice of the hearing for revocation of a license or permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. The notice shall be sent by certified mail, return receipt requested, to the licensee or permittee at his or her last known address, at least five days prior to the date set for the hearing. If the licensee shall request a continuance in the date of the hearing, the ten-day suspension shall be in effect until two days after the final hearing date.
(E) At the hearing the Village Attorney shall present the complaint and shall represent the municipality. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The Mayor shall preside and shall render the decision.
(F) A stenographic or electronically recorded record of the hearing shall be kept. The municipality shall pay the costs of attendance fees of the reporter and the cost of the transcript, if the transcript shall be ordered by the municipality. The licensee or permittee shall pay the cost of any transcript ordered by him or her.
(G) Within a reasonable time after the conclusion of the hearing, but not later than 30 days after the conclusion, the Mayor shall file a written decision in which he or she has summarized the evidence and has stated the reasons for his or her decision.
(Ord. 00-746, passed 9-14-2000)