(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 premises or has refused to furnish a sample of his goods for testing, the president shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists.
(B) Within eight (8) days after a license or permit is suspended, the president 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 municipality, unless otherwise provided, may be revoked or suspended by the president after notice and hearing as provided in subsections (D) and (E) of 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 or permittee of provisions of this code or other ordinances of the municipality relating to the license or permit, the subject matter of the license or permit or the premises occupied.
3. Conviction of the licensee or permittee of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest and legitimate business operation within the village.
4. Failure of the licensee or permittee to pay any fine, penalty or charge owed to the village.
5. Refusal to permit an inspection or sampling or any interference with a duly authorized municipal officer or employee while in the reasonable performance of his duties in making such inspections.
6. If complaints are received against a business and the mayor feels the complaints justify a hearing.
Such revocation or suspension, 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 municipality.
(D) Notice of the hearing for revocation or suspension 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 or permittee at his last known address, at least five (5) days prior to the date set for the hearing, or notice may be delivered personally two (2) days before the hearing. If the licensee shall request a continuance in the date of the hearing, suspension may be put into effect until two (2) days after the final hearing date. This suspension is to be determined by the mayor.
(E) At the hearing, the municipal attorney shall present the complaint and shall represent the municipality. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The mayor shall preside and shall render the decision.
(F) A stenographic or electronically recorded record of the hearing shall be kept. The municipality shall pay the cost of attendance fees of the reporter and the cost of the transcript, if such transcript shall be ordered by the municipality. The licensee or permittee shall pay the cost of any transcript ordered by him.
(G) Within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion, the mayor shall file a written decision in which he has summarized the evidence and has stated the reasons for his decision. (Ord. 1005, 8-12-1981)