(A) Suspension of business operation. When the conduct or operation of any business shall constitute a nuisance in fact and a clear and present danger to the public health, safety, or general welfare, Village President shall be authorized to summarily order the cessation of business, the closing of the premises and the suspension of any license for a period not to exceed ten days. Within eight days after he or she has so acted, the Village President shall call a hearing for the purpose of determining whether the license should be suspended for an additional period of time or revoked.
(B) Revocation of license. Licenses issued under the ordinances of the Village of Roscoe, unless otherwise provided, may be suspended for up to 30 days or revoked by the Village President after notice and hearing as provided below for any of the following causes:
(1) Any fraud, misrepresentation, or false statement contained in the application for the 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 of a misdemeanor when such conviction indicates his or her inability to operate a safe, honest, or legitimate business operation within the Village;
(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 or her duties in making such inspections, as provided in this chapter; or
(6) Any other violation of any of the ordinances, resolutions, or regulations of the Village of Roscoe.
(7) For any violation of this section or of any ordinance pertaining to the conduct of the business.
(8) Such suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the Village.
(C) Hearing. Notice of the hearing for suspension or revocation of a 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 licensee at his or her last known address at least five days prior to the date set for the hearing.
(1) At the hearing, the Village attorney shall present the complaint and shall represent the Village of Roscoe. The licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. A stenographic or electronically recorded record of the hearing shall be kept. The Village President shall preside and shall render the decision within a reasonable time after the conclusion of the hearing, but not later than 30 days thereafter. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
(2) Any licensee whose license is suspended or revoked shall pay to the Village the costs of the hearing. The President shall determine the costs incurred by Village for the hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorneys’ fees, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the Village or such lesser sum as he or she may allow.
(3) The licensee shall pay said costs to the Village within 30 days after receipt of the notification. Failure to pay these costs within 30 days of notification is a violation of this section and may be cause for license suspension or revocation or the levy of a fine.
(Ord. 2016-06, passed 5-17-2016)