A. 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 of Orland Park shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists.
Within eight (8) days after a license or permit is suspended pursuant to this paragraph A, the Village shall call a hearing in accordance with subsection C for the purpose of determining whether or not the license or permit should be revoked.
B. Unless otherwise provided, any license issued under this Chapter may be suspended or revoked by the Village Manager after notice and hearing as provided in this subsection C for any of the following causes:
1. Any fraud, misrepresentation or false statement contained in the application for the license.
2. Any violation by the licensee of a provision of this Chapter, any applicable federal or state law, or any other Village Code or Ordinance provisions relating to the license permit, the subject matter of the license, or to the licensed premises occupied.
3. Conviction of the licensee or permittee of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest and legitimate business operation within the Village.
4. Failure of the licensee to pay the license fee or any other indebtedness, charge, fine or penalty owing to the Village.
5. Refusal to permit inspections or interference with an authorized Village officer or employee while in the performance of his duties in making such inspections as provided in this Chapter.
6. 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.
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. 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 subsections:
1. Notice of the hearing for suspension or 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 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. An attorney designated by the corporate authorities shall represent the Village at the hearing. The licensee shall be permitted counsel and have the right to submit evidence and cross examine witnesses. The Village Manager shall serve as the hearing officer and shall render the decision, which may include suspension for up to 10 days, or revocation, and/or the payment of fines and performance of other actions.
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. Any person aggrieved by the decision of the Village Manager in connection with the suspension or revocation of a license as provided in this Section, shall have the right of appeal to the Village Board of Trustees. Such appeal shall be taken by filing with the 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 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 Board of Trustees present at the hearing of such appeal shall be required to reverse the decision of the Village Manager.
(Ord. 3357, 5-1-00; Amd. Ord. 5119, 9-6-16; Amd. Ord. 5401, 5-6-19)