(A) Suspension of business operation. When the conduct or operation of any business shall constitute a nuisance or a clear and present danger to the public health, safety, or general welfare, the Village Administrator 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 days. Within five days after the Village Administrator has so acted, the Village Administrator shall call a hearing for the purpose of determining whether the license should be suspended for an additional period of time or revoked.
(B) Revocation of license.
(1) Licenses issued under the ordinances of the Village of Itasca, unless otherwise provided, may be suspended for up to 30 days or revoked by the Village Administrator after notice and hearing as provided below for any of the following causes:
(a) Any fraud, misrepresentation, or false statement contained in the application for the license;
(b) Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license, or the premises occupied;
(c) Conviction of the licensee of any felony or of a misdemeanor when such conviction indicates his or her inability to operate a safe, honest, or legitimate business operation;
(d) Failure of the licensee to pay any outstanding fines, fees or monies due the village;
(e) Refusal to permit an inspection or investigation or, take sample or interference with an authorized village officer or employee while in the performance of his or her duties in making such inspections, as provided in village ordinances;
(f) Any violation of the zoning regulations pertaining to the premises;
(g) Finding that the business license was issued in error;
(h) Finding that the public health, welfare or safety would be adversely affected by the continuation of the license; or
(i) Any other violation of any village ordinances, resolutions, or regulations or any state or federal law, rule or regulation.
(2) Such suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable village ordinances or state statutes/regulations.
(C) Hearing.
(1) 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 either sent by certified mail to the licensee at his or her last known address or delivered by personal service. All notices shall be served at least three days prior to the date set for the hearing.
(2) At the hearing, which shall take place before the Village Administrator, 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. The Village Administrator may examine any books, papers, records or memorandum bearing upon the business or activities of the licensee, take testimony and make rulings as to the admissibility of evidence, although the Village Administrator is not bound by the technical rules of evidence. A stenographic or electronically recorded record of the hearing shall be kept. The Village Administrator shall render a decision within a reasonable time after the conclusion of the hearing, but not later than 15 days thereafter. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision. Said decision shall be mailed to the licensee’s last known address.
(3) Any licensee whose license is suspended or revoked shall pay to the village the costs of the hearing before the Village Administrator. The Village Administrator shall determine the costs incurred by the village for the hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorneys’ 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 Administrator may allow. The licensee shall pay said costs to the village within 30 days of notification of the costs by the Village Administrator. Failure to pay these costs within 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.
(D) Appeal.
(1) Any person aggrieved by the action or decision of the Village Administrator to suspend or revoke a license under the provisions of this chapter shall have the right to appeal such action or decision to the Village President within ten days after the notice of action or decision has been mailed to the licensee’s last known address. An appeal shall be taken by filing with the Village Clerk a written statement setting forth the grounds for appeal. The Village Clerk shall transmit the written statement to the Village President within ten days of receipt, and the Village President shall set a time and place for a hearing on the appeal, but such hearing shall be set not later than ten days from the date of receipt of the licensee’s written statement. Notice of the time and place of the hearing shall be served on the licensee in the same manner as provided for the initial hearing. The Village President shall serve a decision on the licensee within 15 days after the conclusion of the hearing on appeal. The licensee may seek administrative review of a suspension or revocation order in a court of competent jurisdiction.
(2) Any licensee who unsuccessfully appeals to the Village President shall pay to the village the costs of the appeal before the Village President. The Village Administrator shall determine the costs incurred by the village for the appeal, including, but not limited to, court reporter fees, the costs of transcripts or records, attorneys’ 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 Administrator may allow. The licensee shall pay said costs to the village within thirty 30 days of notification of the costs by the Village Administrator. Failure to pay these costs within 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.
('52 Code, § 192) (Am. Ord. 1657-13, passed 5-21-13)