(A) When the conduct or operation of any business shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, the Village President shall be authorized to summarily order the cessation of business, the closing of the premises and the suspension of any license for a period not to exceed ten days. Within eight days after the Village President has so acted, the Village President shall call a hearing for the purpose of determining whether or not the license should be suspended for an additional period of time or revoked.
(B) Unless otherwise provided, licenses issued under the ordinances of the village may be suspended for up to 30 days or revoked by the Village President after notice and hearing as provided below for any of the following reasons:
(1) Any fraud, misrepresentation or false statement contained in the application for the license;
(2) Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license or the premises occupied;
(3) Conviction of the licensee of any felony or of a misdemeanor when the conviction indicated his or her inability to operate a safe, honest or legitimate business operation within the village;
(4) Failure of the licensee to pay any fine or penalty owing to the village;
(5) Refusal to permit an inspection or sampling, or any interference with a duly authorized village officer or employee while in the performance of his or her duties in making the inspections, as provided herein; or
(6) Any other violation of any village ordinances, resolutions or regulations.
(C) Any suspension or revocation ordered by the village shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the village.
(D) Notice of the hearing for suspension or revocation of a license shall be given in writing setting forth the specific grounds of the complaint, the time and place of the hearing. The notice shall be sent by certified mail, return receipt requested, to the licensee at his or her last known address at least five days prior to the date set for hearing. At the hearing, the Village Attorney shall present the complaint and shall represent the village. The licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. A stenographic or electronically recorded record of the hearing shall be kept. The Village President shall preside and render the decision within a reasonable time following the conclusion of the hearing, but not later than 30 days after the conclusion. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
(E) Any licensee whose license is suspended or revoked shall pay to the village the costs of the hearing before the Village President. The Village President shall determine the costs incurred by the village for the hearing, including but not limited to court reporter fees, the costs of transcripts or records, attorneys’ fees, the costs of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the village or such lesser sum as the Village President may allow.
(F) The licensee shall pay the costs to the village within 30 days of notification of the costs by the Village President. Failure to pay the costs within 30 days of notification is a violation of this section and may be cause for license suspension or revocation, or the levy of a fine.
(Ord. 644, passed 5-7-2001)