(A) In addition to any fine or other penalty which may be provided for under this chapter, the Village Manager may by written notice issued to a licensee as hereinafter provided revoke or suspend for not more than 30 days the license of any owner or operator of a licensed business in the village for any of the following reasons:
(1) Any fraud, misrepresentation, misleading or incorrect statement, or material omission contained in the initial or any renewal application or made in carrying on the licensed business;
(2) Failure to pay any fees, fines, charges, penalties, or other sums due and owing to the village, or failure to perform in accordance with its terms any obligation owed to the village whether resulting from contract or otherwise;
(3) Conviction of any misdemeanor or felony violation of the Illinois Criminal Code or of any provision of the Village Code of Ordinances as amended by any person issued a license under this chapter, where such conviction reasonably evidences an inability to operate the licensed business within the village in compliance with the requirements of this chapter;
(4) Refusal to permit any inspection required or permitted under this chapter or any other applicable provisions of this Code, or interfering with or obstructing any village employee engaged in performing such an inspection;
(5) Conviction of any violation of any provision of any village ordinance or Illinois State Statute, without limitation, that applies in any way to the license issued hereunder or the conduct of the licensed business pursuant thereto;
(6) Failure to maintain and/or produce on demand proof of any current inspection required by any federal, state, or county agency where current proof of such an inspection is required by applicable law as a condition to the operation of the business in question;
(7) Failure to obtain and maintain in full force and effect any license, permit, or approval otherwise required by this Code or other applicable law in connection with the operation of the business in question;
(8) Prior failure by the applicant or licensee (or any partner, officer, manager, member, director, principal, or other affiliate thereof) to comply with applicable provisions of this Code or other applicable laws pertaining to the operation of any business for which a license would be required by the provisions of this chapter;
(9) Failure to comply with the provisions of all applicable village ordinances or federal or state statutes that apply in any way to the license issued hereunder or to the conduct of the license issued hereunder or to the conduct of the licensed business pursuant thereto; or
(10) Existence of any fact, matter, or condition demonstrating the applicant's inability to legally operate the licensed business in compliance with all applicable law, ordinances and regulations.
No licensee having had a license revoked under this chapter shall be eligible for a new license under this chapter for the balance of the unexpired term of the revoked license, plus one year thereafter. Any licensee having had a license revoked or suspended shall immediately cease and terminate all operation of the licensed business and close the premises of the licensed business to the public upon the issuance of the revocation, and no licensee holding a suspended license shall resume the conduct of the licensed business or permit the entry of the public to the premises of the licensed business prior to the expiration of the term of the suspension, except as may be otherwise provided for herein.
(B) When the Village Manager becomes aware of violations of division (A) of this section sufficient to support the revocation or suspension for not more than 30 days of a business license under the provisions of this section, the Village Manager may by written notice to the licensee revoke or suspend for not more than 30 days the business license of such licensee. Such notice shall at a minimum (i) set forth with reasonable specificity the factual allegations and ordinance violations at issue; (ii) contain a statement of the right of the licensee to appeal the revocation or suspension pursuant to the provisions of § 42A.20 of the Village Code of Ordinances and that such an appeal stays the effect of any business license revocation or suspension pending the disposition of the appeal and (iii) a statement that in the absence of a timely filed appeal, the revocation or suspension at issue shall be in effect from and after the expiration of the time established for filing an appeal by § 42A.20 of the Village Code of Ordinances. The notice may, but need not, contain a statement of terms of a proposed settlement agreement that, if performed, will enable the licensee to avoid revocation or suspension of the license in question. Upon receipt of such a notice, the licensee may appeal the revocation or suspension pursuant to the procedures set forth in § 42A.20, and upon receipt of a timely filed appeal, the village shall schedule an appeal hearing in accordance with said § 42A.20. Notices of license suspension or revocation shall be deemed properly served when sent by registered mail, return receipt requested or by nationally recognized overnight carrier to the applicant's most recent address disclosed to the village within any original or renewal license application, or when personally delivered or served upon the licensee, as evidenced by the written affidavit of the person making such delivery or service. Appearance at any subsequent appeal hearing shall constitute a waiver of any alleged defect in the notice or the service thereof.
(C) An attorney designated by the corporate authorities shall represent the village at the hearing. Such attorney shall present the case as set forth in the notice to the licensee. The licensee may be represented in such hearing by counsel, and the village and the licensee shall have the right to present and cross examine witnesses and present documentary or other evidence. The formal and technical rules of evidence shall not apply at such a hearing. Evidence shall only be admitted if it is of such character as might be commonly relied upon by reasonably prudent persons in the conduct of their business or affairs. For good cause shown, the Village Manager may continue the hearing from time to time. The Village Manager shall notify the licensee of his decision as to the revocation or suspension of the license in question, the grounds for that decision, and the process established by this chapter for appealing any such decision adverse to the licensee within seven days after the conclusion of such hearing. At any time prior to or during the course of the hearing, the Village Manager and the licensee shall be authorized to enter into a written settlement agreement specifying a course of action (which may include the payment of fines, expenses, or sums in the nature of restitution) that may be performed by the licensee in lieu of a suspension or revocation of the license in question.
(Ord. 21-1695, passed 4-7-21)