(A) 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 or her premises or has refused to furnish a sample of his or her goods for testing, a Committee consisting of the Village President, Village Clerk and Police Chief shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists.
(B) Within seven days after a license or permit is suspended, a Committee consisting of the Village President, Village Clerk and Police Chief shall call a hearing for the purpose of determining whether or not the license or permit should be revoked.
(C) Licenses and permits issued by the village, unless otherwise provided, may be revoked after notice and hearing, as provided in this section, for any of the following causes:
(1) Any fraud, misrepresentation or false statement contained in the application for the license or permit;
(2) Any violation by the licensee of provisions of this code or other ordinances of the village relating to the license, the subject matter of the license or permit or the premises occupied;
(3) Conviction of the licensee of any felony or of a misdemeanor where such conviction indicates his or her inability to operate a safe, honest and legitimate business operation within the village;
(4) Failure of the licensee to pay any fine, penalty or charge owed to the village;
(5) Refusal to permit an inspection or sampling or any interference with a fully authorized village officer or employee while in the reasonable performance of his or her duties in making inspections;
(6) Any violation of health or safety standards adopted by the village, or the sale of any unwholesome or polluted food or drink, or the maintenance of a place of business in an unclean and unsanitary manner so as to endanger public health or safety;
(7) Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this code or other ordinances of the village.
(D) Notice of the 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 at his or her last known address, at least five days prior to the date set for the hearing. If the licensee shall request a continuance in the date of the hearing, a suspension of the license shall be in effect until a Committee consisting of the Village President, Village Clerk and Police Chief renders a decision.
(E) At the hearing, the Village Prosecutor 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 President shall preside and the decision shall be made by the Committee consisting of the Village President, Village Clerk and Police Chief.
(F) A stenographic or electronically recorded record of the hearing shall be kept. The licensee shall pay the cost of attendance fees of a court reporter and the costs of the transcript, if the village shall order such transcript.
(G) Within a reasonable time after the conclusion of the hearing, but not later than five days after such conclusion, the Village President shall file a written decision and findings of fact.
(Ord. 729, passed 8-12-03)