§ 115.12 ISSUANCE OR DENIAL.
   (A)   Within 20 days of receipt of any application, either original or renewal, the Village President or the Village President's designee shall grant or deny the requested license and give written notice to the applicant as to the decision.
   (B)   The Village President or the Village President's designee shall issue the license to the applicant unless one or more of the following conditions exist:
      (1)   The applicant failed to supply all of the information requested on the application;
      (2)   The applicant gave materially false, fraudulent, or untruthful information on the application;
      (3)   The applicant's business is not in compliance with Section 6.50 of the Zoning Ordinance [sic];
      (4)   The application or the business does not meet any other requirement of this chapter;
      (5)   The applicant has not fully complied with all state, federal, and local laws or regulations affecting the conduct of its business;
      (6)   The applicant or owner has had a license revoked for the same business or same type of business;
      (7)   The applicant is not at least 18 years of age;
      (8)   The applicant has been convicted of a felony within the last ten years or any criminal offense involving controlled substances, moral turpitude, prostitution, obscenity, or other crimes of sexual nature. In the case of a corporation, partnership, or joint venture, any officer, director stockholder controlling more than 25% of the corporate stock, partner, or joint venturer shall be deemed to be an applicant.
   (C)   In the event that the Village President or the Village President's designee determines that an applicant is not eligible for a license, the applicant shall be given notice in writing of the reasons for the denial within 20 days of the receipt of its application. An applicant may appeal such denial by filing a written request for a hearing with the Village President within five days after the applicant is given notice of such denial. The decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the decision on the issuance of a license. The applicant's written request for a hearing shall set out the grounds on which the denial is challenged. The hearing shall be conducted by the Village President. At the hearing, the Village President shall receive oral and written testimony regarding the application. Hearings shall be conducted under rules issued by the Village President, which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel.
   (D)   The Village President shall conduct the hearing within 15 days after receipt of the applicant's written request for a hearing unless the applicant requests an extension in writing. The Village President shall render a written decision and issue notice thereof to the applicant within five days after the conclusion of the hearing. The written decision of the Village President shall be final.
   (E)   Failure of the Village President to give timely notice of action on an application, or failure of the Village President to timely conduct or give notice of the Village President's decision on an appeal within the limitations of time specified above shall entitle the applicant to the issuance of temporary license upon written demand therefor filed by the applicant with the Village President. Such a temporary license shall only be valid until the third day after the Village President gives notice of action on the application or gives notice of his decision on the appeal.
(Ord. 505, passed 2-6-89)