(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 premises or has refused to furnish a sample of his goods for testing, or where any business or establishment open to the public is in violation of the smoke free Illinois act, 410 Illinois Compiled Statutes 82/1 et seq., or in violation of subsection 3-1-11(D) of this chapter, the mayor shall be authorized to summarily order the cessation of business and the closing of the premises until the danger or violation no longer exists, and the suspension of any license or permit for a period not to exceed ten (10) days. (Ord. 0-52-07, 12-17-2007, eff. 1-1-2008)
(B) Within eight (8) 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 under the ordinances of the municipality, unless otherwise provided, may be revoked by the mayor after notice and hearing as provided in subsections (D) and (E) of this section 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 ordinance provisions 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 such conviction indicates their inability to operate a safe, honest and legitimate business operation within the city.
4. Failure of the licensee or permittee to pay any fine, penalty or charge owing to the city.
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 duties in making such inspections, as provided in section 3-1-12 of this chapter. (1978 Code)
6. Any violation of the smoke free Illinois act, 410 Illinois Compiled Statutes 82/1 et seq., and/or subsection 3-1-11(D) of this chapter. (Ord. 0-52-07, 12-17-2007, eff. 1-1-2008)
Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable 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. Such notice shall be sent by certified mail (return receipt requested) to the licensee or permittee at his last known address at least five (5) days prior to the date set for the hearing. If the licensee shall request a continuance in the date of the hearing, the ten (10) day suspension shall be in effect until two (2) days after the final hearing date.
(E) At the hearing, the municipal 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. (1978 Code)