(A) In general. The Department may suspend or revoke any license granted hereunder if the operation of the licensed premises is found to be detrimental to the health or safety of the animals in the licensed premises or the public in general, is found to be noncompliant with state law or city ordinances, or if the licensee has been found to be guilty of violating any city ordinance or state law in the operation of the licensed premises. Said suspension or revocation shall occur after notice and an opportunity for hearing, as provided in this section.
(B) License suspension. Licenses may be suspended temporarily by the Department by notifying the licensee in writing that the license is, upon service of a notice, immediately suspended or that the suspension shall be effective on a specific future date, and that an opportunity for a hearing before the Chief of Police will be provided if a written request for a hearing is filed with the Department.
(C) Emergency license suspension. Notwithstanding any other provision of this subchapter, if the Department finds unsanitary or other conditions which, in the judgment of the department, constitutes a substantial hazard to the health and safety of animals on the licensed premises or to the public health and safety, the license may be immediately suspended without warning, notice, or hearing, but with written notice from the department following the immediate suspension as soon as is practicable, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. The licensee shall cease operating the licensed business immediately upon suspension, but upon written application to the Department, the license holder shall be afforded a hearing before the Chief of Police as soon as practicable.
(D) Reinstatement of suspended license. Any person whose license has been suspended may, at any time, make application for a re-inspection for the purpose of license reinstatement. This application shall include a statement signed by the applicant that, in the applicant's opinion, the conditions causing the license suspension have been corrected. The application shall also contain any necessary documentation required by the department to assure the licensee's compliance with state law or city ordinances.
(E) License revocation. For serious or repeated violations of any applicable state law or city ordinances, or for interference with a community service officer or peace officer or any other city official in the performance of any duties with respect to this subchapter or any other provision of this chapter or other city ordinances, the license may be permanently revoked after an opportunity for a hearing before the Chief of Police has been provided to the licensee. Prior to revoking a license, the community service officer, peace officer or other city official shall notify the license holder in writing stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five calendar days following service of such notice, unless a request for a hearing is filed with the health authority by the license holder within such five calendar day period. A license may be suspended for cause pending its revocation or a hearing relative to license revocation.
(F) Notice. A notice provided for in this article is properly served when it is delivered to the license holder or an agent of the license holder at the license holder's premises, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the license holder.
(G) Hearings. Hearings provided for in this article shall be conducted at a place and time designated by the Chief of Police or his or her designee and shall be open to the public and recorded by a tape recorder, stenographer or other reliable means. The Chief of Police may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, and live testimony. Based upon the record of the hearing, the Chief of Police shall make written findings and shall sustain, modify or rescind any license suspension or revocation notice or order considered in the hearing.
(H) Appeal. Any person aggrieved by a decision of the Chief of Police may appeal to the Circuit Court under the provisions of the Illinois Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq., and amendments thereto.
(Ord. 3584, passed 8-11-08)