Payment and collection of said tax and any payment penalty may be enforced by action in any court of competent jurisdiction and failure to collect, account for and pay over said tax and any payment penalty shall be cause for suspension or revocation of any village license issued for such prepared food facility or alcoholic liquor facility applicable to the premises thereof, all in addition to any other penalties in this article. Such suspension and revocation shall take place as follows:
The village manager or his designee shall notify the licensee in writing that if all violations of these provisions are not cured within seventy two (72) hours, that such license shall be suspended for a period of thirty (30) days or until all violations are cured, whichever comes first. If all violations are not cured within the thirty (30) day time period, the license shall be automatically revoked and may be reinstated only upon all violations being cured and upon the applicant proceeding as if a new license were being sought. The licensee shall have seventy two (72) hours from the time of the receipt of the aforesaid notice to appeal this suspension. In the case of a licensee possessing a business license for prepared food only, said appeal shall be to the village manager. In the case of a licensee holding a liquor license, said appeal shall be to the local liquor control commissioner. A hearing shall be had on the appeal within ten (10) days of the filing of the request for appeal. The only issue to be determined by the official hearing the appeal is whether or not violations of these provisions have occurred. If the official hearing the appeal is convinced by a preponderance of the evidence that a violation has occurred, then the suspension and revocation portions of this enforcement section shall be mandatory. No stays may be issued pending an appeal and no extensions of time may be granted as a result on an appeal. (Ord. 3837, 9-15-1987; amd. Ord. 3905, 3-1-1988)