No license, permit or certificate shall be granted until the application procedures and investigation required by this chapter are completed. Any application for a license or permit may be denied or an existing license or permit may be suspended or revoked in accordance with this section for the violation by the applicant, licensee, or permittee of any ordinance provision, law or regulation relating, directly or indirectly, to the license or permit, the subject of the license or permit, or the premises occupied. The denial, suspension, or revocation may be in addition to any fine imposed and shall be in accordance with the procedures set forth below. However, in any situation where the public health, safety, morals, or welfare is immediately threatened by the continued operation of any business, the city manager shall be and is hereby authorized to order the immediate cessation of business and/or the closing of the premises, and the immediate suspension of any business regulation certificate, license, or permit for a period not to exceed twenty one (21) days pending the hearing required below. If the city manager finds any cause listed in subsection F of this section, he shall recommend to the city council the denial, suspension, or revocation of the license or permit pending the hearing required below.
A. Revocation Of License Or Permit; Appointment Of Hearing Officer: The mayor is hereby authorized to deny a license or permit application, and to revoke or suspend any license or permit, pursuant to the procedures set forth in this chapter. The mayor is further authorized to appoint a hearing officer to conduct any hearing required by this section.
B. Notice Of Denial, Suspension, Or Revocation:
1. Within three (3) days after the mayor has denied a license or permit, the city manager shall notify, by mail, the applicant of the action taken by the mayor. Such notice is deemed received by the applicant, licensee, or permittee two (2) days after mailing. If the applicant desires a hearing on the denial, he must then notify the mayor by certified or registered mail, return receipt requested, within seven (7) days of the mailing of the notice sent by the city manager.
2. Whenever the mayor receives a request for suspension or revocation of a license or permit, the licensee or permittee shall be notified, by mail, by the city manager. Such notice shall be deemed received by the applicant, licensee, or permittee two (2) days after mailing. Such notice shall indicate the alleged basis for the suspension and/or revocation and the date, time, and place where the mayor or a hearing officer appointed by the mayor will hold a hearing thereon. The mayor or the hearing officer will hear the request for suspension or revocation and render a written recommendation to the city council at their next meeting after the conclusion of the hearing.
C. Hearing: Within ten (10) days after the mayor has received a proper request for a hearing on the denial of a license, certificate or permit, the mayor shall call a hearing for the purpose of determining whether or not the business regulation certificate, license or permit should be denied. Within ten (10) days after the mayor receives a request for the suspension and/or revocation of a license, certificate or permit, the mayor shall call a hearing on such suspension and/or revocation. Any such hearing shall be started no earlier than five (5) days, nor later than fourteen (14) days, after the call has been made.
D. Notice Of Hearing: Notice of the hearing for denial, suspension, or revocation of a license, business regulation certificate or permit shall be given to the applicant, licensee, or permittee, in writing, setting forth specifically the grounds of the complaint and the time, date, and place of the hearing pursuant to subsection B of this section. The notice shall be sent to the applicant, certificate holder, or permittee at his last known address or at the address indicated on the latest application for a business license or permit.
E. Hearing Procedures: The hearing may be convened by the mayor, or by a hearing officer appointed by the mayor. At the hearing, the city attorney shall present the complaint and evidence and shall represent the city. The applicant, certificate or license holder, or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The hearing may be continued from time to time for good cause shown. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The mayor or the hearing officer appointed by the mayor shall evaluate the evidence and present its written recommendation to the city council at the next meeting of the city council after the conclusion of the hearing. The city council shall take final action on the mayor's or the hearing officer's recommendation.
F. Causes For Denial, Suspension, Or Revocation: Business regulation certificates, licenses and permits issued under the ordinances of the city, unless otherwise provided, may be denied, suspended, or revoked for any of the following causes:
1. Any fraud, misrepresentation, or false statement contained in the application for the license, certificate or permit, or the display of a fraudulently altered license, certificate or permit, or the misuse of any license, certificate or permit;
2. Any violation by the license or certificate holder or permittee of ordinance provisions or laws relating directly or indirectly to the license, certificate or permit, the subject matter of the license, certificate or permit, or the business occupied;
3. Conviction of the licensee, certificate holder or permittee of any felony or of a misdemeanor involving moral turpitude;
4. Failure of the licensee, certificate holder or permittee to pay any fee, fine or penalty owing to the city;
5. Refusal to permit an inspection or sampling by the city, or any interference with a duly authorized city officer or employee while in the performance of his duties in making such inspection, as provided for in this chapter;
6. Denial, suspension, or revocation by any other municipality or by the state of Illinois or any regulatory body of the state of Illinois of a comparable license or permit;
7. Failure to comply with city building codes, property maintenance codes or appearance codes; or
8. Excessive consumer complaints regarding the business or the owners or managers of the business or a related business.
G. Reapplication For License Or Permit: If an application for a license or permit has been denied, or a license or permit has been revoked, the applicant or holder may not seek another license or permit from the city earlier than twelve (12) months after the final denial or revocation.
H. Suspension: A license or permit that has been suspended may be reinstated by the city upon proper request by the licensee or permittee, if the terms and conditions established by the city council for such reinstatement are met. Upon request to the city by certified or registered mail, return receipt requested, by the applicant, licensee, or permittee, the mayor will consider the request of the applicant, licensee, or permittee at a noticed hearing. The city attorney may present information against or in support of such request at the hearing. The mayor will present its recommendation to the city council at the next regular meeting. The city council shall take final action on the recommendation. (Ord. 12-O-38, 8-21-2012)