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A. Suspension Of Business Operation: 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 mayor 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 (10) days. Within eight (8) days after he has so acted, the village mayor 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. Revocation Of License: Licenses issued under the ordinances of the village, unless otherwise provided, may be suspended for up to thirty (30) days or revoked by the village mayor after notice and hearing as provided in subsection C of this section for any of the following causes: (Ord. 826-98, 5-11-1998; amd. Ord. 1125-05, 5-16-2005)
1. Any fraud, misrepresentation or false statement contained in the application for the license; (Ord. 826-98, 5-11-1998)
2. Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license or the premises occupied, or any violation by the licensee of any conditions of any permit issued to the licensee in connection with the licensed business; (Ord. 1187-06, 10-23-2006)
3. Conviction of the licensee of any felony or of a misdemeanor when such conviction indicates his 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 duties in making such inspections, as provided in section 3-1-5 of this chapter; or
6. Any other violation of this code.
Such suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the village.
C. Hearing: Notice of the hearing for suspension or revocation of a license 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 at his last known address at least five (5) days prior to the date set for the hearing. (Ord. 826-98, 5-11-1998)
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 mayor shall preside and shall render the decision within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
Any licensee whose license is suspended or revoked shall pay to the village the costs of the hearing before the village mayor. The village mayor shall determine the costs incurred by the village for said hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the village mayor may allow.
The licensee shall pay said costs to the village within thirty (30) days of notification of the costs by the village mayor. Failure to pay said costs within thirty (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. 826-98, 5-11-1998; amd. Ord. 1125-05, 5-16-2005)
D. Prohibition On Future Licenses: Any licensee whose license is revoked shall be prohibited from obtaining another business license from the village for a period of three (3) years following such revocation. (Ord. 1187-06, 10-23-2006)