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A. Right Of Entry: Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to assure compliance with the provisions of any ordinance or regulation of the village, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to admit thereto for the purpose of making the inspection any officer or employee of the village who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
B. Furnish Samples To Officer: Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of any ordinance or regulation, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to furnish to any duly authorized officer or employee of the village requesting the same, sufficient samples of such commodity or material.
C. Refusal To Comply; License Revocation: In addition to any other penalty which may be provided, the village president may revoke the license of any owner or operator of a licensed business in the village who refuses to permit any duly authorized officer or employee to make such inspection or to take an adequate sample of said commodity or material, or who interferes with such officer or employee while in the performance of his duties; provided, however, that no license shall be subject to revocation for such cause unless such officer or employee has been refused permission to enter upon the premises in the name of the village after first having presented a written authorization from the village president for such entry.
D. Littering Public Ways; Snow And Ice Removal: It shall be unlawful for any person licensed to engage in any business or occupation on premises abutting a public way or for any person using any part of a public way for or in connection with his business or occupation to litter or to permit the accumulation of any paper, rubbish or refuse upon that portion of the public way abutting said premises or on and about that portion of the public way so used. It shall also be the duty of the licensee to remove the snow and ice from the sidewalk in front of his premises. (Ord. 608, 10-8-1986)
A. Generally: No business or establishment, whether or not licensed, shall be so conducted or operated as to constitute a nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof, shall be used, kept, maintained, or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health.
B. Unsafe Or Unhealthful Business:
1. No building or structure, utilized, constructed, or maintained in connection with any business or occupation, shall evidence an unsanitary, unsafe, or dangerous condition.
2. No substance, matter, or thing of any kind whatever, which shall be dangerous or detrimental to health, shall be allowed to exist in connection with any business or occupation, or be used in any work or labor performed in the village.
C. Garbage Disposal: All licensees shall comply with the provisions of this code and ordinances of the village with respect to refuse and garbage disposal 1 . (Ord. 608, 10-8-1986)
Notes
| 1 | 1. See title 4, chapter 1 of this code. |
A. Defacing License: No person shall add to, alter, deface, forge, or counterfeit any license certificate or license plate, tag, badge, emblem, or other insignia which has been or is being issued by the Village.
B. Removal Prohibited; Exception:
1. No person shall destroy, obliterate, take, remove or carry away without the consent of the owner, any license certificate or license plate, tag, badge, emblem, or other insignia which has been issued by the Village; except that said certificate, plate, tag, badge, emblem, or other insignia may be removed after the licensed business has been discontinued or the licensed premises has been abandoned.
2. Nothing herein contained shall prevent the Village President or his duly authorized representative from removing any license certificate, emblem or insignia from the possession of a former licensee, his premises, or any vehicle when said license has been revoked under the provisions of any section of this title or any ordinance. (Ord. 608, 10-8-1986)
A. Loaning Or Giving Away: It shall be unlawful for any licensee to loan or give away any license certificate or any license plate, tag, badge, emblem or other insignia issued to such licensee.
B. Unlawful Use: It shall be unlawful for any person to use or display any license certificate or license plate, tag, badge, emblem, or other insignia which has been unlawfully acquired. (Ord. 608, 10-8-1986)
A. Order Closure Of Nuisance Business: When the conduct or operation of any business or establishment, whether or not licensed, shall constitute a nuisance in fact or a clear and present danger to the public health, safety or general welfare, the Village President shall be authorized to summarily order the cessation of business, the closing of the premises, and the suspension of any license or permit for a period not to exceed ten (10) days.
B. Hearing; Time Limit: Within eight (8) days after he has so acted, the Village President shall hold a hearing for the purpose of determining whether or not the license or permit should be revoked. Notice of the time and place of said hearing shall be given as provided in subsection D of this section.
C. Causes For Revocation: Licenses and permits issued under the ordinances of the Village, unless otherwise provided, may be revoked by the Village 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 ordinance provisions 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 involving moral turpitude;
4. Failure of the licensee or permittee to pay any fine or penalty owing to the Village;
5. Refusal to permit an inspection or sampling, or any interference with a duly authorized Village officer or employee while in the performance of his duties in making such inspections, as provided in section 3-1-16 of this chapter; (Ord. 608, 10-8-1986)
6. Failure to comply with any and all applicable State or Federal rules, regulation, or requirements. (Ord. 1697, 11-12-2014)
Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the Village. (Ord. 608, 10-8-1986)
D. Notice Of Hearing: Notice of the hearing for revocation 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 the address set forth for service of notice in the license application at least three (3) days prior to the date set for the hearing. (Ord. 608, 10-8-1986; amd. 1999 Code)
E. Conduct At Hearing: At the hearing, the Village Prosecutor shall present the complaint and shall represent the Village. The licensee 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. (Ord. 608, 10-8-1986)
A. Right To Appeal: Any person aggrieved by the decision of the Village President in regard to the denial of an application for a business license, as provided in section 3-1-6 of this chapter, or in connection with the revocation of a license or permit, as provided in section 3-1-20 of this chapter shall have the right to appeal to the Board of Trustees.
B. File Statement With Clerk: Such appeal shall be taken by filing with the Village Clerk, within ten (10) days after notice of a denial of an application or a revocation of a license or permit, a written statement under oath setting forth specifically the grounds for appeal.
C. Time And Place Of Hearing: The Board of Trustees shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant, licensee or permittee in the same manner as provided in section 3-1-20 of this chapter. The decision of the Board of Trustees on such appeal shall be final. (Ord. 608, 10-8-1986)
Any person who shall be convicted of violating any provision of this title shall be subject to penalty as provided in section 1-4-1 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 608, 10-8-1986; amd. 1999 Code)