(A) (1) Upon making a determination to revoke or suspend a permit issued under this subchapter, or to refuse issuance or renewal of a permit under this subchapter, the Zoning Administrator shall notify the permittee or applicant. The notice shall inform the permittee or applicant of the right to request a hearing before the Zoning Administrator regarding the proposed action.
(2) Additionally, the notice shall contain the reasons for the revocation, suspension, or refusal to issue or renew. Such notice shall be personally served or mailed, postage prepaid, to the applicant or permittee, as the case may be, at his or her last known address and shall provide such applicant or permittee with the right to request a hearing before the Zoning Administrator within eight days following the date such notice was personally delivered or placed in the mail. If no such request for a hearing is received the Zoning Administrator's determination shall become final.
(B) Where a hearing is requested, the Zoning Administrator shall set a place and date for the hearing and shall notify the applicant or permittee of said place and date of said hearing. The initial date for hearing shall be no more than 21 days after the written request for a hearing is made.
(C) The applicant or permittee shall have the right to be represented at such hearing by legal counsel. The rules of evidence applicable in a court of law in the State of Illinois shall be relaxed at the hearing.
(D) At the conclusion of the hearing, the Zoning Administrator shall issue a written decision and findings of fact and shall mail same to the applicant or permittee. The decision and findings of fact shall be mailed within five days following the conclusion of the hearing or the receipt of any transcript thereof, whichever is the latest to occur.
(E) Any applicant or license holder aggrieved by the action of the Zoning Administrator in refusing to issue or renew any permit subject to this subchapter or in suspending or revoking any permit already issued shall have the right to appeal to the President and Board of Trustees of the village. A request for such appeal shall be made to the Village Clerk, or his/her designee, within seven days after the notice of said decision of the Zoning Administrator has been mailed. The appeal shall contain a written statement setting forth the grounds for appeal. No applicant or permittee may appeal to the President and Board of Trustees unless a timely request for a hearing before the Zoning Administrator, as set forth above, has been made by said applicant or permittee.
(F) The President and Board of Trustees shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the manner provided in division (A) above. The appellant shall have the right to be represented at such hearing by legal counsel. The decision and order of the President and Board of Trustees following such appeal shall be final and conclusive. Said decision and order shall be in writing and mailed to the appellant within 14 days of the date of the conclusion of the hearing.
(G) During the pendency of any hearing before the President and Board of Trustees, a sexually oriented business that has been denied a permit or renewal license or whose license has been suspended or revoked shall be closed until the Village Board or the Court has made a final determination that the reason for the denial, nonrenewal, suspension or revocation is invalid. Any sexually oriented business subject to a permit denial, nonrenewal, suspension or revocation is hereby deemed to be an emergency threat to the health, safety and welfare of the residents of the village. In the event that a court of competent jurisdiction orders that a sexually oriented business may remain open pending appeal, then as a condition of remaining open, a penal bond in the amount of $100,000 cash shall be posted. An absolute condition of the bond shall be that if any provision of this subchapter is violated in any manner during the pendency of any appeal, the entire bond shall be forfeited at the sole discretion of the village.
(Ord. 04-20, passed 9-7-04)