Unless provided for by other County ordinance, the procedure for application, issuance, denial, suspension or revocation of any license required by an ordinance of the County shall be as set forth herein:
A. Application; Fee: Application for a license or license renewal shall be made to the County department charged with enforcement of the County ordinance requiring the applicant to be licensed and shall be on forms furnished by the department. The applicant shall state the location of the proposed activity and such other facts as are required by the department for the granting of the license.
1. Bond And Insurance: Required bonds, if any, shall be executed by a surety company and be subject to approval of the County Board. Satisfactory evidence of coverage by bond or insurance shall be filed with the department to which application is made.
2. Payment Of Fee: The fees required for a license shall be paid at the office of the department to which application is made. No license fee shall be prorated for a portion of a year and no license fee shall be refunded. No license shall be issued until the fees therefor have been paid in full.
3. Penalty For Late Payment: Every person whose licensed activity, trade, profession, business, privilege, site, facility or establishment is licensed by the County, other than one who has been closed down or who has not operated such activity in the County after the expiration of the licensing year, shall pay to the department the regular license fee and, in addition thereto, the following penalty for late application for a renewal license.
a. One to seven (7) days late, a fifteen percent (15%) penalty.
b. Eight (8) to thirty (30) days late, a twenty five percent (25%) penalty.
c. After expiration of thirty (30) days from the due date, the activity for which a license is required shall cease. If a new license or permit is approved, the fee shall consist of the amount set forth for new licenses and permits plus twenty five percent (25%) late penalty fee.
4. Late Payment Of The License Fee With Penalty No Bar To Prosecution For Operating Without A License: The late payment of the license fee, along with the penalty set forth herein, is no bar to any prosecution by the County for operating any licensed activity, trade, profession, business, privilege, site, facility or establishment within the County without a license therefor.
5. Issuance Or Denial Of License:
a. Action By Department: Unless otherwise provided in the ordinance under which a license is issued, the department shall have sixty (60) days to issue or deny the license or renewal.
b. Notice Of Action: Once the department has decided on the disposition of the license application or renewal application, the applicant shall be notified in writing of its decision.
c. Denial Of Application:
(1) Notice Of Denial: Where a license is denied, the department shall state the factual basis for its decision and notice of its decision shall be personally served on the applicant or shall be served by registered or certified mail to said applicant at the address designated in the license application.
(2) Request For Hearing: The applicant shall have ten (10) working days, exclusive of the day of service, to request a hearing. The request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the department by twelve o'clock (12:00) midnight of the tenth County working day following service of the notice of denial.
(3) Failure To Request Hearing: If the applicant fails to request an appeal within the specified time period, any opportunity for a hearing is forfeited and the department's decision is final.
(4) Appeal: After receipt of an appeal request, the department shall set a time and place for the hearing.
6. License Nontransferable: A license obtained pursuant to a County ordinance shall not be transferable.
B. Suspension Of License:
1. Suspension:
a. Power To Suspend; Duration: Any license required under County ordinance may be suspended by the department for violation of any provision of this Chapter or of the ordinance under which the license was issued. Upon written notice to the licensee, said license may be suspended by the department for a period not longer than sixty (60) days or until the violation is corrected.
b. Effective Date Of Suspension; Notice:
(1) Effective Date: Such suspension shall not occur earlier than ten (10) working days after written notice of suspension has been served on the licensee or, if a hearing is requested, until written notice of the County Board action has been served on the licensee.
(2) Service Of Notice: Notice to the licensee shall be served personally or by registered or certified mail at the address designated in the license application.
(3) Contents Of Notice; Request For Hearing: Such written notice of departmental suspension shall contain the effective date of the suspension, the nature of the violation constituting the basis for the suspension, the facts which support the conclusion that a violation has occurred and a statement that if the licensee desires to appeal, he must within ten (10) County working days, exclusive of the day of service, file a request for a hearing.
(4) Request For Hearing: The hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the department by twelve o'clock (12:00) midnight of the tenth County working day following service. Following receipt of a request for a hearing, the department shall set a time and place for the hearing.
c. Notice Of Continued Suspension: If said suspension is upheld and the licensee has not demonstrated within the sixty (60) day period that the provisions of the ordinance have been complied with, the department may serve notice of continued suspension for up to sixty (60) days or initiate revocation procedures.
2. Summary Suspension:
a. Emergency Action:
(1) Finding Of Emergency: If the department finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered by the department upon notification of the County Attorney's office and the County Board.
(2) Service Of Notice: Written notice of such summary suspension shall be served by registered or certified mail to said licensee at the address designated in the license application.
(3) Copies Of Notice Posted: In addition, the department may post copies of the notice of summary suspension of the license on the licensed facility or property being used for the licensed activity. Said posting shall constitute the notice required under this subsection.
b. Contents Of Notice:
(1) Written Notice: The written notice of such cases shall state the effective date of the suspension and the nature of the violation requiring emergency action, the facts which support the conclusion that a violation has occurred and a statement that if the licensee desires to appeal, he must, within ten (10) County working days exclusive of the day of service, file a request for a hearing.
(2) Request For Hearing: The hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the department by twelve o'clock (12:00) midnight of the tenth County working day following service. Following receipt of a request for an appeal, the department shall set a time and a place for the hearing.
c. Appeal; Informal Review: The summary suspension shall not be stayed pending an appeal or informal review by the department head, but shall be subject to dismissal or reinspection by the department.
3. Reinspection:
a. Notice Of Correction: Upon written notification from the licensee that all the violations for which a suspension or summary suspension was invoked have been corrected, the department shall reinspect the facility or activity within a reasonable length of time, but in no case more than ten (10) County working days after receipt of the notice from the licensee.
b. Dismissal Of Suspension: If the department finds upon such reinspection that the violations constituting the grounds for the suspension have been corrected, the department shall immediately dismiss the suspension by written notice to the licensee served personally or by registered or certified mail at the address designated in the license application.
C. Revocation:
1. Power To Revoke: Any license granted pursuant to County ordinance may be revoked by the department for violation of any provision of said ordinance or this Chapter.
2. Effective Date Of Revocation: Revocation shall not occur earlier than ten (10) County working days from the time that written notice of revocation is served on the licensee or, if a hearing is requested, until written notice of the County Board action has been served on the licensee.
3. Notice Of Revocation:
a. Service: Notice to the licensee shall be served personally or by registered or certified mail at the address designated in the license application.
b. Contents: Such written notice of departmental revocation shall contain the effective date of the revocation, the nature of the violation constituting the basis for the revocation, the facts which support the conclusion that a violation has occurred and a statement that if the licensee desires to appeal, he must, within ten (10) working days exclusive of the day of service, file a request for a hearing.
4. Request For Hearing: The hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the department by twelve o'clock (12:00) midnight of the tenth County working day following service. Following the receipt of a request for a hearing, the department shall set a time and a place for the hearing.
D. Variance:
1. Variance Permitted: In any case where upon application to the department, it appears by reason of exceptional circumstance that the strict enforcement of any provision of the standards of a County ordinance would cause unnecessary hardship, or that strict conformity with the standards would be unreasonable and impractical or not feasible under the circumstances, the department may permit a variance therefrom upon such conditions as it may prescribe for management consistent with the general purpose and intent of the applicable ordinance and of all other applicable State and local regulations and laws.
2. Variance Conditions: A variance may be granted provided that:
a. The conditions causing the hardship are unique to the property, applicant or licensee.
b. The variance is proved necessary in order to secure for the applicant a right enjoyed by other persons in the same area or district.
c. Granting of the variance will not be contrary to public interest or damaging to the rights of other persons or of properties in the same area or district.
d. The granting of the variance will not be contrary to the policy and intent of the ordinance or detrimental to the public health, safety and welfare.
e. No variance shall be granted simply because there are no objections, because those who do not object outnumber those who do or for any reason other than a proved hardship.
3. Informal Administrative Hearing: Unless otherwise provided, the department shall conduct an informal administrative hearing within thirty (30) days of receipt of an application for variance. The applicant or his designated representative shall attend the hearing and present the facts or conditions upon which the application for variance is based. The department shall prepare a written decision with its reasons therefor, and serve it personally or by registered or certified mail on the applicant by twelve o'clock (12:00) midnight of the tenth County working day following the hearing.
4. Request For Formal Hearing: In the event that the department decides to deny the application for variance, the applicant may request a formal hearing on said variance. The request shall be in writing stating the grounds upon which the request is based and served personally or by registered or certified mail on the department by twelve o'clock (12:00) midnight of the tenth County working day following said departmental decision. Following receipt of a request for a formal hearing, the department shall notify the County Board and the hearing shall be conducted pursuant to Section 2-1-6 of this Chapter. (Ord., 12-20-1984)