5-1-15: NUISANCES:
No business, whether licensed by the Village or other governmental authority, shall be so conducted or operated as to amount to a nuisance in fact, and shall otherwise comply with the following provisions:
   (A)   Public Ways - Maintenance - Littering Prohibited. It shall be unlawful for any person to engage in any business or occupation on any premises abutting a public way, or for any person using any part of a public way for or in connection with the business or occupation, to litter or to permit the accumulation of any paper, rubbish or refuse upon that portion of the public way abutting said premises or on and about that portion of the public way so used. It shall also be the duty of the person to remove the snow and ice from the sidewalk in front of the premises used in the business or occupation.  For the purpose of this section, "licensee" includes an employee or agent of the business or occupation.
   (B)   Illegal Conduct on Premises of Business or Occupation - Cooperation with Police.  No person shall permit or allow any illegal activity on the premises of any business or occupation. It is the affirmative duty of any person operating or employed by a business or occupation to report promptly to the police department all illegal activity reported, observed on, or within sight of the premises of the business or occupation; to answer fully and truthfully all questions of an identified police officer who inquires about or investigates any persons or events in or around the business or occupation; to cooperate with the police department in any such inquiry or investigation, including the giving of oral or written statements to the police at reasonable times and locations in the course of investigations; and to sign a complaint against any individual whom the person observes engaging in any illegal conduct or activity on, in or within sight of the premises.  For purposes of this subsection, "person" includes an employee or agent of the business or occupation.
   (C)   Businesses or Occupations that Are or Cause A Nuisance:
      1.   A license may be suspended or revoked if a licensee's business is or creates a nuisance. A nuisance shall include without limitation circumstances where a business or occupation: (i) causes, creates or is the site of three or more illegal acts within any consecutive 6 month period; or causes, creates or is the site of seven or more illegal acts within any consecutive 12 month period, when such acts occur in or upon the premises of the business or occupation, on or in the parking lot of the business or occupation, or property adjacent to the premises or parking lot of a business or occupation; or (ii) the business or occupation has failed to take reasonable steps to correct illegal or objectionable conditions existing or occurring on the premises of the business or occupation, on or in the parking lot of the business or occupation, or on adjacent property while the business or occupation is open for business or within one hour of the time the business or occupation is opened or closed for transacting business. The licenses of any business or occupation that is or creates a nuisance under clause (i) of this subsection (C)1. shall be subject to suspension or revocation pursuant to Section 5-1-1. The licenses of any business or occupation that is or creates a nuisance under clause (ii) of this subsection (C)1. shall be subject to suspension or revocation pursuant to the procedures set forth in subsection (C)2. of this section.
      2.   (a)   If any business or occupation causes, creates or is the site of three or more illegal acts within any consecutive 6 month period; or causes, creates or is the site of seven or more illegal acts within any consecutive 12 month period, and such acts are reported to have occurred on the premises of the business or occupation, on or in the parking lot of the business or occupation, or on adjacent property, a complaint may be filed by the Village that the business or occupation is a public nuisance because the business or occupation has failed to take reasonable steps to correct objectionable conditions existing or events occurring upon the premises of the business or occupation, on or in the parking lot of the business or occupation, or on adjacent property. Written notice shall be served upon the business or occupation to appear before the President, when the President deems such presence necessary and appropriate, to define, discuss and seek resolution of circumstances giving rise to the complaint. The President may also order subsequent meetings to review progress toward resolution of the circumstances.
      The failure of a business or occupation to appear in response to a notice, or to attend subsequent meetings as ordered by the President, shall be grounds for the imposition of a fine and/or the suspension or revocation of any applicable license of the business or occupation, or the President's issuance of a cease and desist order prohibiting the business or occupation from transacting further business within the Village. The progress made in resolving the circumstances identified in the complaint and meeting process shall be considered in any proceeding to suspend or revoke a license under this section.
         (b)   After the President determines that the complaint and meeting process have been completed, or the business or occupation has failed to submit a plan of corrective action pursuant to subsection (d), the President may institute a hearing based upon a reasonable belief that the operation of the business or occupation is a public nuisance. At the conclusion of the hearing, if the President determines by a preponderance of the evidence that the operation of the business or occupation is a public nuisance because the licensee has failed to take reasonable steps to correct or prevent objectionable conditions or events from occurring on or in the premises, the parking lot or adjacent property to the business or occupation, the President may enter an order suspending or revoking any applicable license of the business or occupation and/or enjoining the business or occupation from conducting further business within the Village.
      When determining what constitutes reasonable steps, the President shall consider site configuration constraints and other factors related to any unique circumstances or the nature of the business or occupation, as well as the frequency of complaints of objectionable conditions or events, and the manner in which the business or occupation has sought to address and alleviate such conditions or events.  "Reasonable steps" shall include, but are not limited to, the following:
            (1)   Calling the Police Department. Prompt and timely calls to the police department via 9-1-1 that are placed by the business or occupation, or its agents or employees, shall not, in and of themselves, be construed by the President as evidence of objectionable conditions or events that alone constitute a nuisance.
            (2)   Directing any individual(s) engaging in activities causing objectionable conditions or events to cease those activities, unless the business or occupation, or its agents or employees, reasonably believe that an individual's personal safety would be threatened if such direction was issued. Directions of this nature may be provided orally or in writing.
            (3)   Making good-faith efforts to remove items from the premises or parking lot of the business or occupation that facilitate loitering, such as furniture.
            (4)   Attending meetings, public safety meetings or other similar informational meetings or educational events sponsored by the Village and designed to alert the business or occupation and its employees and agents to problems related to the operation of the business or occupation and to promote remediation of such objectionable conditions or events.
         (c)   As part of an order of suspension, revocation or to cease and desist business operations issued by the President, the President may impose conditions upon the future operation of the business or occupation that are useful or necessary to mitigate the public nuisance, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services or any other reasonable restrictions or obligations on business practices until the President concludes that the conditions which gave rise to the public nuisance are abated.
         (d)   (1)   Notwithstanding subsection (b), at any time prior to the initiation of proceedings to revoke or suspend a license under this section, if the President determines that a business or occupation meets the criteria for a public nuisance under subsection (a), the President may elect to notify the business or occupation of this determination in writing. Upon such notification, the President may request the business or occupation to submit a plan of corrective action that provides reasonable assurances that the operation of the business will not cause, or continue to cause, a public nuisance. Subject to the approval by the President, the plan may include conditions and obligations upon the operation of the business or occupation that are deemed necessary and appropriate to mitigate the public nuisance, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services, and any other reasonable restrictions or obligations upon the business or occupation.
            (2)   Any business or occupation that fails to comply with all requirements of an approved plan of corrective action shall be fined not less than $250.00 nor more than $750.00 for each day of non-compliance, or alternatively, shall have its license suspended for a first violation until compliance is achieved. For any subsequent violation, any license of the business or occupation shall be revoked and an order to cease and desist business operations shall be entered by the President. Each day that such violation or non-compliance exists shall constitute a separate and distinct offense.
            (3)   If the business or occupation does not submit a plan of corrective action after a written request by the President, the President may institute a hearing in compliance with subsection (b)(2).
            (4)   The President shall not approve any plan of corrective action after the initiation of proceedings to revoke or suspend a license or order that a business or occupation cease operations, unless the President determines that it would be in the best interest of the Village to approve such a plan.
         (e)   The President shall deny an application for a license when the premises identified in the application was subject to a license suspension, revocation or a plan of corrective action pursuant to this section within the three-year period prior to the date of the application; provided that the President may approve an application if the applicant agrees to enter into and comply with the plan of action approved by the President to abate or prevent any of the conditions which gave rise to undertaking a plan of corrective action, or the finding of a violation of this section; provided further for any premises which is ineligible for a license due to a license being revoked for cause at that location, no license shall be issued during of the term ineligibility provided in the Code.
         (f)   In a proceeding to suspend or revoke the license or right of a business or occupation to transact business within the Village, which is or creates a nuisance under subsection (a) of this section:
            (1)   It shall not be a defense that the business or occupation or its employees or agents were not personally involved in the commission of the illegal acts or directly responsible for the objectionable conditions or events except as provided otherwise in paragraph (2) of this subsection;
            (2)   For purposes of determining whether three or more illegal acts or objectionable conditions or events occurred during a 6-month period; or seven or more illegal acts or objectionable conditions or events occurred during a 12-month period, illegal acts or objectionable conditions or events occurring on the public way shall be limited to acts of the business or occupation, its employees, agents or patrons or otherwise involving circumstances having a nexus to the operation of the business or occupation;
            (3)   The illegal acts or objectionable conditions or events must occur or exist while the premises of the business or occupation is open for business or within one hour of the time the business or occupation is opened or closed for business; and
            (4)   Any evidence upon which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the President may rely upon police reports, official written reports, affidavits and business records submitted by authorized Village officials or employees charged with inspection or enforcement responsibilities to determine whether such illegal acts or objectionable conditions or events occurred. If during any 6-month period three or more separate incidents; or any 12-month period seven or more separate incidents of illegal acts or objectionable conditions or events occur on the premises of the business or occupation, on or in the parking lot of the business or occupation, or on property adjacent to such premises or parking lot, a rebuttable presumption shall exist that the business or occupation is or creates a nuisance in violation of this section.
         (g)   A business or occupation may offer evidence of mitigating factors in any disciplinary hearing where it is alleged that the business or occupation is or creates a nuisance based upon the occurrence of three or more illegal acts or objectionable conditions or events in any 6-month period; or the occurrence of seven or more illegal acts or objectionable conditions or events in any 12-month period. Mitigating factors may include evidence of the reasonable efforts of the business or occupation to deter or discourage illegal acts from occurring on the premises, parking lot or adjacent property such as: the use of strategically placed recording cameras, employment of trained security personnel, and a practice of promptly notifying the police when illegal activity occurs or appears imminent, and cooperating with police investigations. When reviewing any evidence of mitigating factors, the President may consider factors related to the unique circumstances of the nature of the business or occupation as well as the relative frequency of the occurrence of illegal acts or objectionable conditions or events in the surrounding community.
         (h)   For purposes of this section:
            (1)   "Adjacent property" means:
               (a)   any public way located immediately next to the premises of a business or occupation, if such public way is used by the business or occupation, or by patrons, agents or employees of the business or occupation as a means of entry to or egress from the premises of the business or occupation; or
               (b)   any private property that is located immediately next to the premises of the business or occupation, if such private property is owned, leased or rented by the business or occupation; or
               (c)   any private property separated from the premises of the business or occupation by a public way and located immediately next to such public way, if such private property is owned, leased or rented by the business or occupation. For purposes of this definition, the term "public way" means any sidewalk, street, alley, highway or other public thoroughfare.
            (2)   "Illegal acts" means any conduct or activity that violates any federal or state law defining a felony, or any federal or state law or municipal ordinance regulating narcotics, controlled substances or weapons.
            (3)   "Objectionable conditions or events" include, but are not limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (Ord. 2021-10, 4-15-2021)