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No license shall be issued to:
(A) A person who is not of good character and reputation;
(B) A person who is not a citizen of the United States;
(C) A person who has been convicted of a felony or misdemeanor under federal or state law, if the Village President or Village President's designee determines after investigation that such person is not of sufficient character to warrant the public trust and to have issued to him a license;
(D) A person who has been convicted of being the keeper or is keeping a house of ill fame or prostitution;
(E) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality or involving moral turpitude;
(F) A person who has been convicted of or has pending any felony or misdemeanor under any federal or state law dealing with or regulating alcoholic liquor, drugs, cannabis sativa, or any controlled substances as defined under any such law;
(G) A person whose license issued under this chapter has been revoked for cause, or any person who applies as an individual but who was a partner or an officer, manager, director, or shareholder with at least a 5% ownership interest in a corporation which corporation or partnership is ineligible or has previously had a license revoked;
(H) A person who has had a license by any other unit of government which has been revoked for cause;
(I) A person who has had a license issued under this chapter or by any other unit of government which has been suspended, if the Village President or the Village President's designee determines, after investigation, that such a person is not of sufficient character to warrant the public trust and to have issued to him a license;
(J) A partnership, unless all of the members of such partnership shall be qualified to obtain a license;
(K) A corporation, if any officer, manager, or director thereof, or any stockholder or stockholders owning in the aggregate of more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship;
(L) A corporation, unless it is incorporated in the state or unless it is a foreign corporation which is qualified under the Illinois Business Corporation Act to transact business in the state;
(M) A person whose place of business is operated by a manager or agent unless the manager or agent possesses the same qualifications required by the licensee;
(N) A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;
(O) Any law enforcing public officer or employee of the village;
(P) A person who is not a beneficial owner of the business to be operated by the licensee; or
(Q) A person who has been convicted of a gambling or weapons offense under the laws of the state as heretofore or hereafter amended.
(Ord. 2012-005, passed 3-21-12)
HEARING PROCEDURE
In all matters involving the revocation or suspension of any license or contractor's registration issued by the village, no revocation or suspension shall occur except after a hearing conducted in accordance with the requirements of this subchapter. This subchapter shall not apply to any liquor license.
(Ord. 90-37, passed 6-27-90)
(A) Charges may be initiated by any village officer against any firm, corporation, association, partnership or individual who has been issued a license or registration by the village.
(B) In all cases, a written complaint shall be filed in triplicate, setting forth a plan and concise statement of the facts upon which the complaint is based.
(C) Upon the filing of a complaint with the Village Clerk, the Village Clerk shall serve a copy of the complaint on the respondent and notify the respondent, either by certified mail, return receipt requested or by personal service, of the time and place of the hearing on the complaint.
(Ord. 90-37, passed 6-27-90)
The following rules shall govern the conduct of all hearings.
(A) The provisions of the "Civil Practice Act" do not apply to the hearings.
(B) All hearings shall be conducted in accordance with the Open Meetings Act.
(C) All parties to the hearing may be represented by counsel;
(D) All proceedings shall be recorded by a court reporter to be employed by the village. The record of the proceeding will not be transcribed unless so requested by the village or the respondent. The party ordering the transcription shall be responsible for the cost thereof.
(E) All witnesses shall be sworn prior to testifying and the matter will be decided solely on the evidence presented at the hearing.
(F) The party initiating the proceeding shall have the burden of proof to establish by a preponderance of evidence that cause exists for the suspension or revocation of the respondent's license or registration.
(G) The Village Administrator or his designee shall serve as the hearing officer. It shall be the duty of the hearing officer to conduct the hearing and consider all relevant evidence adduced at the hearing. Following the conclusion of the hearing, the hearing officer shall prepare, in writing, findings of facts and recommendations which shall be forwarded to the Village Board. Thereafter, the Village Board shall take a vote relative to the suspension or revocation of the respondent's license or registration. However prior to taking any vote, the Village Board may reopen the hearing for the purpose of taking additional evidence or clarifying evidence previously introduced.
(H) The hearing officer will first hear the witnesses and evidence substantiating the charges which have been made against the respondent. Thereafter, the respondent may present and examine those witnesses whom he desires the hearing officer to hear.
(I) All parties shall have the right to cross- examine witnesses presented by the opposite party. The testimony of any witness who is not made available for cross-examination may be stricken at the discretion of the hearing officer.
(Ord. 90-37, passed 6-27-90)
(A) All pleadings or motions to be presented must be filed in writing.
(B) All papers filed in any proceeding shall be legibly written, typewritten, printed, or otherwise copied on paper 8½ inches by 11 inches in size.
(C) The original of all papers filed shall be signed in ink by the party or his attorney and shall bear the name, address and phone number of the party or his attorney.
(D) All papers shall be filed with the village by mailing or delivering them to the office of the Village Clerk. The filing date of any paper shall be the date the paper is received at the office of the Village Clerk.
(E) All pleadings or motions shall be delivered personally to the other party or his attorney at least two business days, or if by mail at least five business days prior to the presentation of the pleading or motion for hearing thereon.
(Ord. 90-37, passed 6-27-90)
The time for hearing of the charges shall be set by the hearing officer, within 30 days of the time of the filing of such charges. Continuances may be granted from time to time upon motion of any party at the sole discretion of the hearing officer.
(Ord. 90-37, passed 6-27-90)
(A) Within a reasonable time after the hearing is completed, the board shall enter a written finding and decision.
(B) In the event the respondent is found guilty of the charges, the Board may suspend the respondent's license(s) or registration(s) for any period up to the end of the effective date of the licenses(s) or registrations(s) or the Board may revoke the license(s) or registration(s). In the event of a revocation, the respondent shall not be allowed to reapply for any license or registration with the village for one year beyond the original expiration date of the license or registration so revoked. The Village Board may, in its sole discretion, waive all or part of the one year waiting period for reapplication following revocation.
(C) The finding and decision shall become effective immediately upon its entry by the Board.
(D) A written copy of the decision shall be mailed to all parties to the proceeding.
(Ord. 90-37, passed 6-27-90)
(A) A violation of §§ 110.01 through 110.08 is punishable by a fine of $25. Each day that the violation continues may be deemed a separate punishable offense. In addition to the fine established the violator will also be required to pay the cost of the license and/or registration that would have been required.
(Ord. 88-40, passed 12-14-88; Am. Ord. 89-30, passed 11-8-89)