(A) Mayor’s statement filed.
(1) In the event the Mayor refuses or denies an application for license, he or she shall state his or her reasons for the refusal or denial, in writing, and file a copy of same with the Village Clerk:
(a) Within 14 days after the date of the Mayor’s receipt from the Village Clerk of the subject application for license, exclusive of Saturdays, Sundays, election days and legal holidays; or
(b) On the date of the next regular meeting of the Village Board of Trustees following the date of the Mayor’s receipt of the subject application, whichever date is later.
(2) In the event a license is revoked or suspended by the Mayor, the Mayor shall file a written statement of the revocation or suspension with the Village Clerk within 48 hours after the order of revocation or suspension.
(B) Appeal filed. In the event an application for a license is refused or denied by the Mayor or a license is revoked or suspended by the Mayor, the applicant or licensee therefor may appeal to the Board of Trustees and shall be entitled to a hearing upon the refusal, denial, suspension or revocation. The appeal shall be filed by the applicant or licensee with the Village Clerk within 21 days after the filing with the Village Clerk by the Mayor aforesaid of his or her refusal, denial, suspension or revocation.
(C) Hearing.
(1) The Board of Trustees shall conduct a hearing, upon the appeal by the applicant or licensee, within 14 days after the appeal shall have been filed with the Village Clerk. Notice of the hearing shall be given to the applicant or licensee no less than two days prior to the date of hearing.
(2) At the time of the hearing, the Board of Trustees shall consider the order of refusal, denial, suspension or revocation issued by the Mayor and any evidence submitted by him or her or in his or her behalf pertaining to same and any evidence produced by the applicant or licensee upon the issue of the qualification, or lack thereof, of the applicant or licensee to a license as provided by this chapter and all other applicable provisions of the ordinances of the village.
(3) Prior to the commencement of any hearing on appeal aforesaid, the Board of Trustees may adopt rules of procedure pertaining to the conduct of the hearing.
(D) Decision of the Board; review.
(1) Within seven days after the completion of the hearing, the Board of Trustees shall issue its decision determining whether the license constituting the subject matter of the appeal shall be issued or reinstated. The decision shall be by majority vote of the Board of Trustees. In the event of a tie vote, the order of the Mayor shall be sustained.
(2) In the event the decision of the Board of Trustees is for issuance or reinstatement of the license, the Board of Trustees shall direct the Village Clerk, in writing, to issue or reinstate same, and the Village Clerk, immediately upon receipt of the written decision and direction, shall issue or reinstate the license.
(3) The decision of the Board of Trustees upon the appeal shall be subject to review pursuant to the provisions of the “Administrative Review Act” of the state, ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(Prior Code, § 3-1-13)
(Ord. 1051, passed 11-5-1987)