(A) The Tobacco Official may revoke or suspend any license if he or she determines that the licensee has violated any of the provisions of this chapter.
(B) No such license shall be revoked or suspended and no licensee shall be fined, except after a public hearing by the Tobacco Official with a three-day written notice to licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the Tobacco Official shall see to it that the proceedings are transcribed by a certified Court reporter. The Village Attorney shall prosecute the matter.
(C) If the Tobacco Official has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he or she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, suspend the license and order the cessation of sales of tobacco products for not more than seven days, giving the licensee an opportunity to be heard during that period.
(D) The Tobacco Official shall, within five days after such hearing if he or she determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee.
(E) Any licensee found to have violated any of the provisions of this chapter shall, in addition to any fine, be liable to the village for costs of the hearing on such violation. Costs shall include Court reporter’s fees and the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the Village President may allow.
(F) Determinations by the Tobacco Official pursuant to this section are subject to judicial review pursuant to the Administrative Review Law.
(G) The licensee shall pay fines and costs to the village within 30 days; except that, the duty to pay fines and costs shall be suspended during the pendency of any appeal. Failure to pay fines and costs within 30 days shall result in revocation of license without further hearing.
(H) Fines and cost, if not paid, may be collected by the village in an action at law.
(Prior Code, § 117.016) (Ord. 2008-018, passed 6-2-2008)