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A. Summary Suspension: 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, the village president shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists.
B. Hearing To Determine Revocation: Within five (5) days after a license or permit is suspended, the village president shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.
1. Grounds: Licenses and permits issued by the village, unless otherwise provided, may be revoked by the village president after notice and hearing as provided in subsections C2 and C3 of this section for any of the following causes:
a. Any fraud, misrepresentation or false statement contained in the application for the license or permit.
b. Any violation by the licensee or permittee of provisions of this code or other ordinances of the village relating to the license or permit, the subject matter of the license or permit or the premises occupied.
c. Conviction of the licensee or permittee of any felony or of a misdemeanor where such conviction indicates his inability to operate a safe, honest and legitimate business operation within the village.
d. Failure of the licensee or permittee to pay any fine, penalty or charge owed to the village.
e. Refusal to permit an inspection or sampling or any interference with a duly authorized village officer or employee while in the reasonable performance of his duties in making such inspections, as provided in section 4-1-16 of this chapter. (1978 Code § 3-1-14)
2. Notice Of Hearing: Notice of 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 or permittee 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. (1978 Code § 3-1-14; amd. 2011 Code)
3. Hearing: 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 shall preside and shall render the decision.
4. Record Of Hearing: A stenographic or electronically recorded record of the hearing shall be kept. The village shall pay the cost of attendance fees of the recorder and the cost of the transcript, if such transcript shall be ordered by the village. The licensee or permittee shall pay the cost of any transcript ordered by him. (1978 Code § 3-1-14)
5. Decision: Within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion, the village president shall file a written decision in which he has summarized the evidence and has stated the reasons for his decision. (1978 Code § 3-1-14; amd. 2011 Code)
6. Effect Of Other Penalties: Such revocation, if ordered, shall not prelude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this code or other ordinances of the village. (1978 Code § 3-1-14)