A. Summary Suspension:
1. 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 village president shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists. (Ord. 2007-03, 2-14-2007, eff. 6-1-2007)
2. Within fourteen (14) days after a license is suspended pursuant to subsection A1 of this section, the village president shall call a hearing in accord with subsection C of this section for the purpose of determining whether or not the license should be revoked. (Ord. 2007-03, 2-14-2007, eff. 6-1-2007; amd. 2013 Code)
B. Grounds For Suspension Or Revocation:
1. Unless otherwise provided, any license issued under this chapter may be suspended or revoked by the village president after notice and hearing as provided in subsection C of this section for any of the following causes:
a. Any fraud, misrepresentation or false statement contained in the application for the license. (Ord. 2007-03, 2-14-2007, eff. 6-1-2007)
b. Any violation by the licensee of this chapter or other village codes or ordinances relating to the license, the subject matter of the license, or the premises occupied.
c. Conviction of the licensee of any felony or of a misdemeanor where such conviction indicates the inability to operate a safe, honest and legitimate business operation within the village. (Ord. 2007-03, 2-14-2007, eff. 6-1-2007; amd. 2013 Code)
d. Failure of the licensee to pay the license fee or any other indebtedness, charge, fine or penalty owing to the village.
e. Refusal to permit inspections or interferences with an authorized village officer or employee while in the performance of his/her duties in making such inspections as provided in this chapter.
f. When the conduct of any licensee, agent or employee is so inimical to the public health, safety or general welfare and/or the continued operation of the business constitutes a nuisance and thus gives rise to an emergency.
2. Said suspension or revocation, if ordered, shall be in addition to any other provision imposing a penalty for the violation of any section of the codes or ordinances of the village.
C. Hearing: The government affairs committee of the village shall conduct a hearing for the purpose of determining whether or not the license should be suspended or revoked in accordance with the following provisions: (Ord. 2007-03, 2-14-2007, eff. 6-1-2007)
1. Notice of the hearing for suspension or revocation of a license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice may be hand delivered or mailed by certified mail, return receipt requested, to the licensee to his last known address at least five (5) days prior to the date set for the hearing.
2. The village legal counsel shall represent the village at the hearing. The licensee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The committee shall render the decision, which may include suspension for up to ten (10) days, or revocation, and/or the payment of fines and performance of other actions. (Ord. 2007-03, 2-14-2007, eff. 6-1-2007; amd. 2013 Code)
3. At or prior to the hearing, the parties may enter into an agreement which establishes a series of actions to be taken and/or fines to be paid which will avoid suspension or revocation at that time.
D. Appeal: Any person aggrieved by the decision of the committee in connection with the suspension or revocation of a license as provided in this section, shall have the right of appeal to the entire village board of trustees. Such appeal shall be taken by filing with the village board of trustees, within ten (10) days after notice of suspension or revocation, a written statement, under oath, setting forth specifically the grounds for appeal. The village 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 or licensee in the same manner as provided in this section. The decision of a majority of the village board of trustees present at the hearing of such appeal shall be required to reverse the decision of the committee. (Ord. 2007-03, 2-14-2007, eff. 6-1-2007)