Any application for a license may be denied or an existing license may be suspended or revoked in accordance with this Section for the violation by the applicant or licensee of any ordinance provision relating, directly or indirectly, to the license or the premises occupied. The denial, suspension or revocation may be in addition to any fine imposed and shall be in accordance with the procedures set forth below. However, in any situation where the public health, safety, morals, or welfare is immediately threatened by the continued operation of any business, the President shall be and is hereby authorized to order the immediate cessation of business and/or the closing of the premises, and the immediate suspension of any business license, for a period not to exceed twenty one days pending the hearing procedure set forth below. If the President finds any cause listed in subsection C below to exist upon review of the evidence brought forth at the denial/suspension/revocation hearing, the President shall recommend to the Board of Trustees the denial, suspension, or revocation of the business license at issue.
A. Notice Of Denial, Suspension, Or Revocation:
1. Within three days after the denial of an application for a business license, the Village Administrator shall notify the applicant by mail. Such notice is deemed received by the applicant three days after mailing. If the applicant desires a hearing on the denial, he must then notify the Village President by certified or registered mail, return receipt requested, within seven days of the mailing of the notice sent by the Village Administrator.
2. Whenever the Village President receives a request for or deems suspension or revocation of a business license appropriate, the licensee shall be notified by mail, by the Village Administrator. Such notice shall be deemed received by the licensee three days after mailing. Such notice shall indicate the alleged basis for the suspension and/or revocation and may be combined with the hearing notice provided in subsection 3-1-11D below.
B. Hearing: Within eight days after the Village President has received a proper request for a hearing on the denial, suspension and/or revocation of a business license, the President shall schedule a hearing for the purpose of determining whether or not the business license should be denied, suspended, and/or revoked.
C. Causes For Denial, Suspension, Or Revocation: Business licenses unless otherwise provided, may be revoked by the President after notice and hearing as provided in this Section for any of the following causes:
1. Any fraud, misrepresentation or false statement contained in the application for the business license;
2. Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license, or the premises occupied;
3. Conviction of the licensee of any felony or a misdemeanor set forth in 720 Illinois Compiled Statutes 5/11-6, 5/11-7, 5/11-9, 5/11-14, 5/11-15, 5/11-17, 5/11-18, 5/11-19, 5/12-2, 5/12-6, 5/12-15, 5/14-4, 5/16-1, 5/24-1, 5/24-3.1, 5/24-5, 5/25-1, 5/28-3, 5/31-1, 5/31-4, 5/31-7, 5/32-1, 5/32-2, 5/32-3 and 5/32-8;
4. Failure of the licensee to pay any fine or penalty owing to the Village;
5. 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; and/or
6. Failure to comply with the Village Building Codes or any other ordinances of the Village.
Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of applicable provisions of this Code or other ordinances of the Village.
D. Notice Of Hearing For Denial, Suspension, Or Revocation: Notice of the hearing on the denial, suspension or revocation of a business license shall be given in writing setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be sent by certified mail (return receipt requested) to the applicant or licensee at his last known address as set forth in the application for the then current license period at least five days prior to the date set for the hearing, or may be served by personal service at least two days prior to the date set for hearing.
E. Representation At Hearing: At the hearing the Village Attorney shall present the complaint and shall represent the Village. The applicant or licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The President shall preside and shall render the decision.
F. President's Decision To Remain In Effect Until After Appeal: The decision of the President upon hearing the evidence of both sides at the denial/suspension/revocation hearing shall remain in full force and effect unless and until the decision is reversed or modified by the Village Board.
G. Reapplication For License Or Permit: If an application for a license has been denied, or a license has been revoked, the applicant or holder may not seek another license from the Village earlier than twelve months after the final denial or revocation. (Ord. 2668, 2-12-1996)