(A) Whenever a license is applied for but requires an inspection or investigation pursuant to an ordinance, rule or regulation of the village, the Village Clerk shall refer the application to the proper officer for making the investigation within 48 hours of the time of the receipt. The officer charged with the duty of conducting the investigation or inspection shall make a report thereon, favorable or otherwise, within ten days after receiving the application or a copy thereof. No license which requires an inspection or investigation shall be issued prior to receipt by the Village Clerk of the favorable report of the officer charged with conducting the investigation or inspection.
(B) The Village Board of Trustees shall be authorized to empower any officer or employee of the village to inspect any premises which is used for or in connection with the operation of a licensed business or occupation within the village. Any officer or employee of the village who is charged with the duty of inspection shall inspect the premises for the purpose of securing compliance with any ordinance provision, or to detect any violations thereof, and shall first request permission of the owner or occupant to enter the premises. If permission of the owner or occupant is denied, the officer or employee shall apply with the assistance of the village attorneys to the appropriate court for a search warrant.
(C) The investigating officer or employee of the village shall request that the owner or possessor of any commodity or material provide him or her with a sufficient sample whenever an analysis of the commodity or material is reasonably necessary to secure compliance with an ordinance, rule or regulation of the village or to detect a violation thereof. If a request for a sample is denied, the officer or employee shall apply with the assistance of the village attorneys to the appropriate court for a search warrant.
(D) The Building Inspector of the village, in consultation with other county and state agencies as may be required, shall make or cause to be made inspections regarding the licenses as relate to the care and handling of food, prevention of nuisances and the spread of disease, and the protection of the health of the public. For purposes of this chapter only any official, sanitarian, inspector or other employee or person designated to make the inspections under the supervision of the County Health Department shall be considered to be an officer or official of the village. The Building Inspector shall also make or cause to be made any inspections, which relate to compliance with Building Code requirements, the Zoning Ordinance(s) and related regulations, as they currently exist and as may be amended from time to time.
(E) In addition to any other penalty which may be provided, the Board of Trustees may revoke the license of any licensed proprietor of any licensed business who refuses to comply with a search warrant issued by a court of competent jurisdiction. No license may be revoked until notice of the revocation is served on the licensee, personally or by certified mail, return receipt requested, at the business address stated in the license application. Within seven days of the notice of revocation, the licensee may request an informal hearing before the Village Clerk or the Village President or his or her designee, and at that time, may present evidence showing that the license should not be revoked. The Village Clerk, Village President or his or her designee shall then affirm or vacate the revocation.
(Ord. 644, passed 5-7-2001)