A. Closure Of Business; License, Permit Or Registration Revocation Hearing Procedure:
1. When the conduct or operation of any business, occupation, activity or establishment, whether licensed, permitted, registered or unlicensed, unpermitted or unregistered, 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, permit or registration shall have refused to allow an inspection of his premises or has refused to furnish a sample of his goods for testing, the village president shall be authorized to summarily order the cessation of business and closing of the premises until the danger no longer exists.
2. Within eight (8) days after a license, permit or registration is suspended, the village president shall call a hearing for the purpose of determining whether or not the license, permit or registration should be revoked.
3. Licenses, permits and registrations issued by the municipality, unless otherwise provided, may be revoked by the village president after notice and hearing as provided in subsections A4 and 5 of this section for any of the following causes:
a. Any fraud, misrepresentation or false statement contained in the application for the license, permit or registration.
b. Any violation by the licensee, permittee or registeree of the provisions of this code or other ordinances of the municipality relating to the license, permit or registration, or the subject matter of the license, permit or registration for the premises occupied.
c. Conviction of the licensee, permittee, registeree 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.
d. Failure of the licensee, permittee or registeree to pay any fine, penalty or charge owed to the village.
e. Refusal to permit an inspection or sampling or any interference with duly authorized municipal officer or employee while in the reasonable performance of his duties in making such inspections or sampling, as provided in section 3-1-3 of this code.
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 municipality.
4. Notice of the hearing for revocation of a license, permit or registration 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, registeree, or permittee at his last known address, at least five (5) days prior to the date set for the hearing. If the licensee, permittee or registeree shall request a continuance in the date of the hearing, the ten (10) day suspension shall be in effect until two (2) days after the final hearing date.
5. At the hearing, the village attorney shall present the complaint and shall represent the municipality. The licensee, registeree or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The village president shall preside and shall render the decision.
6. 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, registeree or permittee shall pay the cost of any transcript ordered by him.
7. Within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion, the village president shall file a written decision in which he has summarized the evidence and has stated the reasons for his decision. (Ord. 1309, 6-22-1992)