(A) All hotel operator's licenses are subject to suspension or revocation in whole or in part. The basis for suspension or revocation shall include, but not be limited to: (i) violations by the licensee of this chapter or Code, in general; (ii) conviction of the licensee of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest and legitimate business within the village; (iii) failure of the licensee to pay any fine, penalty or charge owed to the village; (iv) fraud, misrepresentation, or false statement contained in the application for the license; or (v) failure to make records available to the village as required by this chapter.
(B) Proceedings to suspend or revoke a license shall be initiated by the Director. The Director shall initiate such proceedings by filing written charges with the Mayor. The Mayor shall send written notice of the charges to the licensee no later than forty-eight (48) hours after they are filed. The notice shall include a copy of the charges as well as notification as to the date, time and location for the hearing on the charges. Notice shall be provided by Certified U.S. Mail, return receipt requested, to the address listed for the licensee.
(C) The hearing shall take place no sooner than twenty-five (25) days nor more than forty-five (45) days after charges are filed by the Mayor. The Mayor shall preside over the hearing and base his/her decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross-examination. The Director shall have the burden of proof and shall be required to prove its case by a preponderance of evidence.
(D) A court reporter will be provided on the timely request (no later than five (5) business days before the scheduled hearing) by either party. The party requesting the court reporter shall be responsible for the costs of his/her attendance and the reproduction of the transcript to be made a part of the record.
(E) Licensees may, but are not required to, be represented by an attorney. The Director may be represented by an attorney. The Village Attorney shall sit as counsel for the Mayor.
(F) No continuance will be granted except for the most extenuating circumstances.
(G) No later than thirty (30) days after the close of the hearing, the Mayor shall issue his/her decision in writing setting forth his findings of fact and legal conclusions. The written decision shall be mailed to all interested parties by Certified U.S. Mail, return receipt requested. Fines for violations of this article may be included as a part of the Mayor's decision in addition to the suspension or revocation of the license.
(H) Either party to the proceeding may appeal the Mayor's ruling to the board of Trustees.
(I) The Mayor's decision shall be final and take immediate effect fourteen (14) days after it is issued assuming no appeal is taken.
(J) Nothing herein shall prevent the immediate suspension of a license by the Director as circumstances dictate. Under such circumstances, post-deprivation proceedings and/or revocation proceedings shall be afforded to the licensee. (Ord. 22-03, 5-2-2022)