A. For the purposes of this section, the term "business license" shall mean any business license, permit or business regulation certificate issued by the Village of Oak Lawn.
B. Notwithstanding anything in this chapter to the contrary, the President and Board of Trustees shall have the authority to fine a business licensee, revoke the business license or suspend the business license (in whole or in part) after notice and a hearing in the manner set forth below for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application for the business license;
2. Fraud, deceptive practices, misrepresentation, or false statement made in the course of carrying on the business;
3. Any violation of Federal law, State law or Village ordinance with respect to the operation of the business or the condition of the business premises;
4. Conviction of the licensee, operator or manager of any crime, felony or misdemeanor committed on the business premises, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.;
5. Conviction of any customer of any crime, felony or misdemeanor committed on the business premises with the sufferance or permission of the licensee, operator or manager, including, but not limited to, pornography, prostitution, gambling, illegal possession or distribution of drugs or cannabis, bribery of a governmental official, etc.;
6. Conducting the business in an unlawful manner or in such manner as to constitute a nuisance or breach of the peace or menace to the health, safety or general welfare of the public;
7. Failure of the business licensee to pay any fine or penalty owing to the Village;
8. 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 in the manner provided by law.
C. If the President and Board of Trustees have reason to believe that any licensee or establishment holding a business license is in violation of or has violated any cause listed in subsection B of this section, the President and Board of Trustees may commence a hearing in the manner set forth below and a Hearing Officer shall be appointed by the Village President with the advice and consent of the Board of Trustees to conduct said hearing.
1. Notice: Notice of the hearing to fine a business licensee, revoke the business license or suspend a business license shall be given by the Village Manager in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address at least five (5) days prior to the date set for the hearing.
2. Filing Of Copy Of Notice With Hearing Officer: A copy of such notice shall be filed with the Hearing Officer as soon as practicable at the place and in the manner he or she shall from time to time direct.
3. Hearing: The hearing will be heard and adjudicated by a Hearing Officer appointed by the Village President with the consent of the Village Board. Parties shall be provided with the opportunity for a hearing during which they may be represented by counsel, present witnesses and cross examine opposing witnesses. The Village Manager or his designee shall present the case on behalf of the Village. Parties may request the Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, provided that the hearings scheduled in all nonemergency situations, if requested by the respondent, shall have at least fifteen (15) days after service of notice to prepare for the hearing. For purposes of this subsection C3, "nonemergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety or welfare. If service is provided by mail, the fifteen (15) day period shall begin to run on the day that the notice is deposited in the mail.
4. Rules Of Evidence Shall Not Govern: The formal and technical rules of evidence do not apply in any adjudicatory hearing provided for under this section. Evidence may be admitted so long as it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. Hearsay may be admitted if more reliable evidence is not available. The Hearing Officer's finding must be supported by the kind of evidence on which reasonable people are accustomed to rely in serious affairs.
5. Burden Of Proof: The burden shall be upon the Village to prove by a preponderance of the evidence that the alleged violation occurred.
6. Recommendation: Within fourteen (14) days of the conclusion of the hearing, the Hearing Officer shall make a written finding on whether a violation occurred and a recommendation to the President and Board of Trustees on the appropriate disposition, which may include:
a. Licensee may be fined for each such violation in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day that a violation occurs shall be deemed a separate offense; or
b. Suspension of business license, either entirely or only with respect to a certain aspect of the business, for cause. If the business license is suspended, the suspension shall remain in effect for not less than one day nor more than thirty (30) days; or
c. Revocation of the business license which such the revocation shall remain in effect for not less than thirty (30) days nor more than two (2) years.
D. The President and Village Board shall take final action on the Hearing Officer's finding and recommendations.
E. If the President and Board of Trustees determine that the business licensee has violated any of the provisions of subsection B of this section, the licensee may be fined for each such violation in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day that a violation occurs shall be deemed a separate offense.
F. In lieu of or in addition to a fine, the President and Board of Trustees may revoke the business license for cause. If the business license is revoked, the revocation shall remain in effect for not less than thirty (30) days nor more than two (2) years.
G. In lieu of or in addition to a fine, the President and Board of Trustees may suspend the business license, either entirely or only with respect to a certain aspect of the business, for cause. If the business license is suspended, the suspension shall remain in effect for not less than one day nor more than thirty (30) days. (Ord. 16-18-72)