(A) Except where otherwise specifically provided for, any license or permit may be suspended up to sixty (60) calendar days per incident, or may be revoked by the village manager, or his or her designee, following notice and a hearing pursuant to this section, if it is determined that the licensee or permittee has:
1. Failed to comply continuously with all conditions of license approval; or
2. Operated the business, activity or occupation in violation of any federal, state, village or other local law, ordinance, rule or regulation relating to the license or permit, the licensed or permitted activity or occupation, or the licensed or permitted premises, including the requirements of this code; or
3. Conducted any activities directly related to business, activity or occupation, in a manner substantially adverse to the best interests of the village, village residents, or the customers or clients of the business, activity or occupation, or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public; or
4. Maintained any licensed or permitted premises in a manner in violation of the license or permit, the village's property maintenance code, or of any other federal, state, village or other local law, ordinance, rule or regulation related to maintenance or condition or use of the premises; or
5. Made any false, fraudulent or misleading material statement on the application for a license or permit, or to village officials; or
6. Been found guilty of perpetrating a fraud upon any person, whether or not such fraud was perpetrated in the course of conducting any business in the village; or
7. Suffered a revocation or refusal to issue or renew a license or permit applicable to conduct of the business, activity or occupation or a substantially similar business, activity or occupation by any federal, state, municipality or licensing authority; or
8. Failed to pay any taxes, fees, penalties or fines owed to the village, including, but not limited to, bills for water or sewer or garbage service; or
9. Committed an act considered home repair fraud as defined in 815 Illinois Compiled Statutes 515/3 and 515/5; or
10. Failed to obtain or retain a required village license or permit or approval, operated without a required village permit or license following expiration of a previous permit or license, or failed to obtain or retain a required state of Illinois license, permit, retail sales tax number, or other required approval; or
11. Refused to permit any authorized inspector to take adequate samples or to make inspections, or has interfered with any village employee, agent or official in the performance of his or her duties, including those duties and inspections conducted pursuant to section 3-1-10 of this chapter. In order to suspend or revoke a license or permit for cause pursuant to this section based on a refusal to permit the taking of samples or to make inspections, there must have been a written demand by the village on the licensee, or on the person in charge of the licensed premises, stating that the inspection or sample is desired; or
12. Been convicted of any felony as defined in section 2-7 of the Illinois criminal code of 2012 1 , or a misdemeanor involving moral turpitude.
(B) A suspension, revocation, nonrenewal or denial of a license or permit shall not preclude prosecution and imposition of any other penalties provided for the violation of applicable ordinances of the village, including the issuance of ordinance violations and/or the imposition of monetary penalties as specified elsewhere in this code.
(C) When the conduct or operation of any business, activity or occupation, whether or not licensed or permitted, shall pose a clear and present danger to the public health, safety or general welfare, the village manager, or his or her designee, shall have the authority to summarily order the cessation of business and the closing of the premises, and the suspension of any valid license or permit for a period not to exceed ten (10) calendar days. Within five (5) calendar days after he or she has so acted, the village manager or his or her designee shall call a hearing for the purpose of determining whether or not the license or permit should be further suspended or revoked.
(D) Except where otherwise specifically provided for, licenses or permits issued under the ordinances of the village relative to the operation of a business may be suspended or revoked after notice and hearing before the village manager or his or her designee in accordance with the following procedures:
1. Notice of the hearing for the suspension or revocation shall be given in writing, setting forth specifically the grounds of the contemplated action and the date, time and place of the hearing. Such notice shall be personally served or sent certified mail or overnight delivery to the licensee at the licensee's last known address listed on the most recent application for a license at least five (5) calendar days prior to the date set for hearing.
2. The Village Manager, or his or her designee, shall present the Village's case. The license or permit holder shall have the right to appear in person and be represented by legal counsel at such hearing. The licensee or permittee shall be afforded an opportunity to present evidence and cross examine witnesses.
3. The Village Manager, or his or her designee, shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but shall conduct hearings in such manner as seems best calculated to result in substantial justice.
4. Following the conclusion of the hearing, the Village Manager, or his or her designee, shall issue a written decision and findings of fact and shall mail the same to the applicant or license or permit holder. The written decision shall state that the applicant or license or permit holder may seek judicial review of the decision pursuant to a writ of certiorari. The decision and findings of fact shall be mailed within seven (7) business days following the conclusion of the hearing.
5. A court reporter, audio recording, or other method of creating a verbatim record of proceedings will be provided by the Village for all hearings held pursuant to this chapter. The cost associated with the court reporter and/or the preparation of a transcript of the hearing shall be the responsibility of the licensee or permittee.
6. Appeals of any final determination of the Village Manager or his or her designee following a hearing held pursuant to this section may be sought by seeking a writ of certiorari from the Circuit Court of Cook County according to applicable law.
(E) Initial applications for a license, or for renewal of a license, may, in addition to any other grounds stated elsewhere in this Code, be denied by the Village for any of the reasons set forth in subsection (A) of this section, or for other good cause. Any person aggrieved by the action of any Village official in denying an application for a license or permit relative to operation of a business, whether for renewal or on initial application, or refusing to accept a certificate of registration, shall have the right to a hearing before the Village Manager, or his or her designee, provided a written request is filed with the Village Clerk within ten (10) calendar days after he or she is notified that the license or permit has been denied or the certificate of registration will not be issued. The hearing provided shall follow the procedures set forth in subsections (D)2 through (D)6 of this section.
(F) Any contractor who is found by the Village Manager or his or her designee to have performed work within the Village without obtaining a required license or permit on two (2) or more occasions during a thirty six (36) month period shall be subject to an automatic revocation of their business license, if any, and shall be ineligible to obtain a business license, obtain permits, perform work or otherwise conduct business within the Village for a period of two (2) years from the date of such finding. Penalties for contractors who perform work on a landmark structure or property without a permit are in section 11-1-3-4 of this Code. (Ord. 2895, 1-21-2016; amd. Ord. 3084, 4-15-2021)
Notes
| 1 | 1. 720 ILCS 5/2-7. |