A. When the conduct or operation of any business or establishment, whether or not licensed, 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 or permit for a period not to exceed ten (10) days.
B. 1. Within two (2) days after he has so acted, the village president shall call a hearing for the purpose of determining whether or not the license or permit should be revoked, or suspended until the nuisance no longer exists. Notice of said hearing shall be given as set forth in subsection E of this section and the hearing shall be conducted as provided in subsection F of this section. (Ord. 2002-22, 5-14-2002)
2. Alternatively, if the conduct or operation of such business or establishment is not considered to be a clear and present danger to the public's health, safety or general welfare, but is nonetheless a nuisance in fact, or if the licensee is guilty of any violation of subsection C of this section, the village president may call a hearing for the purpose of determining whether or not the license or permit shall be revoked, or suspended until the nuisance no longer exists. Notice of said hearing shall be given as set forth in subsection E of this section and the hearing shall be conducted as provided in subsection F of this section. (Ord. 2015-16, 4-14-2015)
C. The village may refuse to issue or renew a license or permit in the event the licensee or permittee has failed to pay any penalty or fine owing to the village or when the licensee or permittee has failed to pay any tax, fee or payment due to the village including, but not limited to, water, sewer and refuse removal bills, or any required inspection fee. Licenses and permits already issued under the ordinances of the village, unless otherwise provided, may be revoked or suspended as provided in subsections E and F of this section for any of the following causes: (Ord. 2002-22, 5-14-2002; amd. Ord. 2015-16, 4-14-2015)
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 a licensee or permittee of any felony or of a misdemeanor involving moral turpitude. (Ord. 2002-22, 5-14-2002)
4. Failure of the licensee or permittee to pay any fine or penalty owing to the village or the failure to pay any tax, fee or payment due the village, including, but not limited to, water, sewer, and refuse removal bills and any required inspection fee. (Ord. 2002-22, 5-14-2002; amd. Ord. 2015-16, 4-14-2015)
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 duties in making such inspections, as provided in section 3-1-11 of this chapter.
D. Such suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of this chapter or other applicable ordinances of the village.
E. Notice of the hearing for suspension or 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. (Ord. 2002-22, 5-14-2002)
F. At the hearing the village attorney shall present the complaint and shall represent the village. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The village president or his or her designee shall preside and shall render the decision. (Ord. 2002-22, 5-14-2002; amd. Ord. 2015-16, 4-14-2015)