(A) Suspension. A business license or chauffeur's ID card may be suspended by the Administrator for a period not to exceed 90 days as a result of the following:
(1) Failure to comply with the provisions of this chapter;
(2) Violation of any federal, state, or municipal law;
(3) The cardholder's being physically, mentally or emotionally unfit to her duties as a public passenger vehicle operator;
(4) The fraudulent use of the chauffeur's ID card by or with consent of the licensee. If, after the period of suspension, no corrective action has been made, the Administrator may revoke the business license or chauffeur's ID card.
(B) Revocation.
(1) Business license. The administrator may revoke a business license if:
(a) The operation of the public passenger vehicle service is abandoned by the licensee or ceased for a period of 30 consecutive days;
(b) The licensee obtained its license by fraud or the willful omission to disclose any material fact in the license application;
(c) The licensee has been suspended two times during the preceding 12 months;
(d) The public passenger vehicle company shall have been finally discharged in bankruptcy;
(e) The licensee fails to pay any fines imposed pursuant to this chapter;
(f) The vehicle is being operated in violation of this chapter.
(2) Chauffeur's ID card. The Administrator may revoke a chauffeur's ID card if:
(a) The cardholder is convicted of a crime of leaving the scene of an accident resulting in serious personal injury or death, or any felony involving the use of a motor vehicle.
(b) The cardholder has committed more than three violations of this chapter in a 12 month period.
(c) The cardholder, on account of infirmity of body or mind, addiction to narcotics, amphetamines or alcohol, has become physically, mentally or emotionally unfit or unable to discharge his or her duties as a chauffeur/driver in a safe and proper manner.
(d) The cardholder, while on duty as a driver/chauffeur of a public passenger vehicle, used or possessed any controlled substance as defined in ILCS Ch. 720, Act 570, § 102, or consumed, possessed or been under the influence of any alcoholic beverage.
(e) The cardholder is convicted of the offense of operating a motor vehicle while under the influence of alcohol or any controlled substance.
(C) Appeals and Hearings. Appeal from the decision of the Administrator shall be made in writing to the Village President within five days of the notice of the Administrator's decision. Upon receipt of a written appeal, the Village President shall conduct a hearing on such appeal.
(1) Said hearing shall be held in a public place, after notice to the licensee or chauffeurs' ID card holder and the Administrator. The notice shall contain the date, time, and place of such hearing and a brief statement of the subject matter.
(2) The Village President shall be provided with such counsel, expert, and staff as he or she shall deem advisable. The appellant and the Administrator shall each have the opportunity to be heard and present evidence. The Village President shall also have the authority to issue administrative subpoenas upon any witness or for the production of any relevant documents or objects.
(3) Within ten days after the conclusion of any hearing, the Village President shall render a decision and findings in writing.
(4) Final orders. The decision of the Village President on any matter appealable to him or her is final.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99