A. When the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, or where the holder of any license shall have refused to allow an inspection of his premises or has refused to furnish a sample of his goods for testing, the Village President shall be authorized to summarily order the cessation of business and the closing of the premises until the danger no longer exists, and the suspension of any license or permit for a period not to exceed ten (10) days.
B. Within eight (8) days after a license is suspended, the Village President shall call a hearing for the purpose of determining whether or not the license should be revoked.
C. 1. Licenses issued under the ordinances of the Village, unless otherwise provided, may be revoked by the Village President after notice and hearing as provided in subsections D and E of this section for any of the following causes:
a. Any fraud, misrepresentation or false statement contained in the application for the license.
b. Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license or the premises occupied.
c. Conviction of the licensee of any felony or of a misdemeanor where such conclusion indicates their inability to operate a safe, honest and legitimate business operation within the Village.
d. Failure of the licensee to pay any fine or penalty or charge owing to the Village.
e. Refusal to permit an inspection or sampling, or any interference with a duly authorized Village officer or employee while in the reasonable performance of his duties in making such inspections, as provided in section 4-1-14 of this chapter.
2. Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the Village.
D. Notice of the hearing for 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 last known address at least five (5) days prior to the date set for the hearing. If the licensee shall request a continuance in the date of the hearing, the ten (10) day suspension shall be in effect until two (2) days after the final hearing date.
E. At the hearing, the Village Attorney shall present the complaint and shall represent the Village. The licensee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The Village President shall preside and shall render the decision.
(Ord. 75-12-17D, 12-17-1975)
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