A. Violation: Any business license may be suspended or revoked by the Village President at any time during the term of such business license for any violation by the business licensee of the provisions of this chapter or any applicable Village ordinance relating to the business license, relating to the subject matter of the business license or relating to the premises upon which said business is operated and such suspension or revocation may be in addition to any fine imposed.
B. Notice; Hearing; Cause For Suspension: Any business license issued pursuant to this chapter may be suspended or revoked by the Village President, after notice to the licensee and prior opportunity to be heard, during the period of such license for the violation by the licensee of any provision of this Village Code or of state statutes or regulations relating to the respective license, the subject of the license, or the premises upon which such business or occupation is conducted; such suspension or revocation may be in addition to any fine imposed. Notwithstanding the foregoing, the Village President is also hereby authorized to summarily order the cessation of any business located within the Village, the closing of the premises upon which any business is conducted, and the suspension of any business license for a period not to exceed fifteen (15) days without any notice or prior opportunity to be heard, where such cessation is immediately required to protect the public health, safety and/or welfare of the community.
1. Hearing: Within ten (10) days after a written notice has been sent to the holder of any business license, or after the Village President has so acted summarily to protect the public health and safety, the Village President, or his or her designee, shall call a hearing for the purpose of determining whether or not the respective business license should be suspended or revoked.
2. Notice Of Hearing: Notice of hearing for suspension or revocation of a business license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the respective business licensee at his or her last known address at least five (5) days prior to the date for the hearing.
3. Hearing Procedures: At the hearing, the holder of the business license shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The Village President, or the Village Administrator, or his or her designee, shall preside and shall render the decision and recommendation.
4. Causes For Suspension Or Revocation: Business licenses issued under the ordinances of the Village, unless otherwise provided, may be suspended or revoked by the Village President, or his or her designee, after notice and an opportunity for a hearing as provided in this section for any of the following causes:
a. Any fraud, misrepresentation or false statement contained in the application for the business license.
b. Any violation by the licensee of the ordinances of the Village or State law relating to the subject business or occupation or the business license thereof, the subject matter of the business or occupation or the business license thereof, or the premises upon which the business or occupation is conducted.
c. Conviction of the business licensee of any felony or of a misdemeanor involving moral turpitude.
d. Failure of the business licensee to pay any fine or penalty owing to the Village.
e. Refusal to permit an inspection or sampling or any interference with a duly authorized representative of the Village while performing any such inspections as provided in this Village Code.
C. Appeal Procedure: Any applicant aggrieved by the refusal of the Village President, or his or her designee, to issue a business license or by the suspension or revocation of a business license, shall have the right to appeal the decision of the Village President, or his or her designee, to the Board of Trustees. Such appeal shall be requested by submitting a written request to the Village Clerk within five (5) days of the action of the Village President which is appealed, which request shall state the reasons for such appeal.
The Board of Trustees shall consider the appeal at its next regularly scheduled meeting which is at least four (4) days after the filing of such an appeal, at which time the applicant shall be entitled to present his or her appeal orally or in writing. The Board of Trustees shall act on the appeal at the hearing or within a reasonable time thereafter and shall either uphold the action of the Village President, or his or her designee, or shall direct the issuance of a business license which the Village President, or his or her designee, had denied or the reissuance of the subject business license which the Village President has suspended or revoked. (Ord. 2018-O-17, 8-7-2018; amd. Ord. 2022-O-15, 12-6-2022)