(A) In addition to all other applicable fines and penalties, any licensee who violates any provision of this chapter shall be subject to the suspension or revocation of his or her tobacco license.
(1) The Village Administrator, or his or her designee, may seek the suspension or revocation of the license by filing charges with the Village President alleging a violation of this chapter.
(2) Before any suspension or revocation order shall be issued, the village shall notify the licensee of the specific charges against it and of its right to a hearing before the Village President. Notice shall be served upon the licensee, at the address stated in the Tobacco License application, at least seven days prior to the hearing date, by first class or express mail, overnight carrier or personal service. At the hearing, the licensee may be represented by counsel, cross-examine witnesses, and present documentary evidence and witnesses. The Village Attorney, or his or her designee, shall present sufficient evidence from witnesses having personal knowledge of the offense to prove, by a preponderance of the evidence, that a violation of the aforementioned provisions occurred. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings under this section. The record of each hearing shall include (a) a record of the testimony presented at the hearing by a certified court reporter or recorded by other appropriate means; (b) any document presented at the hearing; and (c) a copy of the written notice of hearing that was served.
(3) Following review and consideration of the record, the Village President shall issue, in writing, a determination as to whether a violation occurred. If a violation is found, the Village President may suspend the license for a period not to exceed 30 days, or may revoke the license. The licensee may seek administrative review of a suspension or revocation order in a court of competent jurisdiction.
(B) A violation of this chapter shall also constitute grounds for suspension and/or revocation of any and all village licenses issued to the business, person(s) or premises where such violations occur. Such revocation or suspension shall be as provided for in the ordinance granting such license.
(Ord. 2598, passed 7-20-09; Am. Ord. 2779, passed 6-4-12)