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(A) Every application for a new sexually oriented business license shall be accompanied by a nonrefundable application and investigation fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) Every application for renewal of a sexually oriented business license shall be accompanied by a nonrefundable application and investigation fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(C) In addition to the application and investigation fee required in subsection (A) or (B) of this section, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the municipality an annual, nonrefundable license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” prior to or at the time of issuance or renewal.
(D) Every application for a new sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(E) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. (Ord. 2004-3838, 5-17-2004; amd. Ord. 2021-4921, 9-20-2021)
(A) Each license issued pursuant to this chapter shall expire on December 31 and may be renewed by making application as provided in this section. Annual license fees for all licenses except those issued for Lisle commuter parking lot mobile concessionaire/merchandiser shall be paid to the village no later than twelve o'clock (12:00) noon on December 15 of the preceding year for which the license is issued. A fee paid after that date shall include a late fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) An application for renewal of a sexually oriented business license or sexually oriented business employee license shall be submitted to the municipality's clerk on a form provided by the enforcement officer. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the municipality to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
(C) The enforcement officer shall make the determination concerning the approval of license renewals based on the same criteria and using the same procedures used to evaluate applications for new licenses under this chapter.
(D) The enforcement officer shall advise the applicant in writing of the reasons for any renewal denial, and shall serve the written renewal denial on the applicant in the same manner as a denial of an initial application.
(E) When the enforcement officer denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. (Ord. 2004-3838, 5-17-2004; amd. Ord. 2021-4921, 9-20-2021)
(A) The enforcement officer shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if the enforcement officer determines that a licensee: 1) has violated or is not in compliance with any section of this chapter except as set forth in subsection (B) of this section; or 2) has knowingly allowed an employee to violate or fail to comply with any section of this chapter.
(B) The enforcement officer shall suspend a sexually oriented business employee license for a period not to exceed thirty (30) days if the enforcement officer determines that a licensee has violated or is not in compliance with any section of this chapter, except as set forth in subsection (C) of this section.
(C) The enforcement officer shall advise the licensee in writing of the reasons for any suspension. The written suspension shall be either served on the applicant personally on or before five (5) days before the suspension is to take effect, or by placing it in a sealed envelope, addressed to the licensee at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid, on or before five (5) days before the suspension is to take effect. The enforcement officer may, but is not required to serve the written suspension by certified or registered mail, as set forth above. (Ord. 2004-3838, 5-17-2004)
(A) The enforcement officer shall revoke a sexually oriented business license or sexually oriented business employee license if a cause of suspension under section 3-19-11 of this chapter occurs and the license has been suspended two (2) times within the preceding twelve (12) months.
(B) The enforcement officer shall revoke a sexually oriented business license if he/she determines that:
1. A licensee gave false or misleading information in the material submitted during the application or renewal process;
2. A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
3. A licensee has knowingly allowed any specific criminal activity, or the commission of any felony on the premises;
4. A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was pending initial application, expired or suspended;
5. A licensee has knowingly allowed one or more specified sexual activities to occur in or on the licensed premises;
6. A licensee has been convicted of a specified criminal activity during the term of the license; or
7. A licensee is delinquent in payment to the municipality for any taxes or fees past due that were assessed or imposed in relation to any business or business property.
(C) The enforcement officer shall revoke a sexually oriented business employee license if he/she determines that:
1. The licensee gave false or misleading information in the material submitted during the application or renewal process;
2. The licensee has knowingly acted as an employee on the premises of a sexually oriented business during a period of time when the licensee's license was pending initial application, expired or suspended; or
3. The licensee has been convicted of a specified criminal activity during the term of the license.
(D) The enforcement officer shall advise the licensee in writing of the reasons for any revocation. The written revocation shall be either served on the applicant personally on or before five (5) days before the revocation is to take effect, or by placing it in a sealed envelope, addressed to the licensee at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid, on or before five (5) days before the revocation is to take effect. The enforcement officer may, but is not required to serve the written revocation by certified or registered mail, as set forth above.
(E) When the enforcement officer revokes a license, the licensee shall not be issued another license for one year from the date the revocation became effective. (Ord. 2004-3838, 5-17-2004)
(A) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the mayor by written notice filed with the municipality's clerk within ten (10) days of the effective date of such denial, suspension, or revocation.
(B) The mayor shall notify the appellant in writing of the date for the hearing on the appeal. The written notice shall be either served on the appellant personally on or before five (5) days before the hearing, or by placing it in a sealed envelope, addressed to the appellant at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid, on or before seven (7) days before the hearing. The mayor may, but is not required to serve the written notice by certified or registered mail, as set forth above.
(C) The mayor shall conduct a hearing on the appeal within fourteen (14) days of receipt of the written notice of appeal by the municipality's clerk, at which hearing the appellant may present witnesses or other evidence opposing the denial, suspension or revocation. The enforcement officer may also present witnesses or other evidence supporting the denial, suspension or revocation. Both parties shall have the right to cross examine witnesses.
(D) The mayor shall determine whether the preponderance of the evidence presented at the hearing supported the decision of the enforcement officer to deny, suspend or revoke the license of the appellant.
(E) The mayor shall issue a written decision setting forth his findings regarding the evidence presented at the hearing, and his decision to affirm or overrule the decision of the enforcement officer. The mayor shall serve a copy of his written decision on the appellant and the enforcement officer in writing. The written decision shall be either served on the parties personally on or before five (5) days after the date of the hearing, or by placing it in a sealed envelope, addressed to the respective parties at the address set forth in the application and at the enforcement officer's ordinary business address, and depositing it with the United States postal service, proper first class postage prepaid, on or before five (5) days after the hearing. The mayor may, but is not required to serve the written decision by certified or registered mail, as set forth above.
(F) The written decision of the mayor shall be considered a final decision. (Ord. 2004-3838, 5-17-2004)
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