(A) Denial of Initial License.
(1) The Village Manager/Comptroller may deny an application for the issuance of an initial license contemplated under this subchapter if it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The applicant has failed to provide the information reasonably necessary for issuance of the license or the applicant's application contains any false, fraudulent, misrepresented or misleading statement;
(b) The applicant has made any false, fraudulent, misrepresented or misleading statement, or has been convicted of perpetuating a fraud upon any person, whether or not such fraud was perpetuated in the course of conducting any business in the Village; or that the applicant has committed a felony;
(c) The applicant has failed to comply with all conditions prerequisite to the issuance of the license, whether imposed by the Village or by state statute;
(d) The applicant has failed to pay, or is in arrears in the payment of, any debt, fee, fine, penalty, judgment, tax or charge due and owing to the Village;
(e) The applicant has been denied a license by the Village to conduct or operate the business described in the license application within the preceding twelve (12) months, or the applicant's license to conduct or operate the business described in the license application has been revoked within the preceding twelve (12) months;
(f) The applicant or the premises or building(s) to be used for the conduct or operation of the business have not been approved in accordance with the inspection or investigation undertaken by the Village pursuant to § 119.005;
(g) The license fee required by this subchapter has not been paid; or
(h) The applicant is in violation of, or is not in compliance with, one (1) or more of the provisions of the Code.
(2) An applicant for a license shall cooperate fully with all village officers or employees engaged in the license application process. The applicant's refusal to give any information reasonably relevant to the investigation of the application; to allow the premises used for or in connection with the conduct or operation of the business to be inspected; to appear at any reasonable time and place for examination under oath regarding the application; or to otherwise cooperate with the investigation and inspection required by the Code shall constitute an admission by the applicant that the applicant is ineligible for a license and shall be grounds for the Village Manager/Comptroller to deny the application for the license.
(3) In the event that the Village Manager/ Comptroller determines that an applicant is not eligible for an initial license, the applicant shall be given notice, in writing, of the reasons for the denial within thirty (30) days of the Village's receipt of the completed application or the completion of the inspection process, whichever is sooner, provided that the applicant may request, in writing, at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with the Code.
(4) An applicant may appeal the decision of the Village Manager/Comptroller regarding a denial to the Corporate Authorities by filing a written notice of appeal with the Village Manager/Comptroller within ten (10) days after service of notice upon the applicant of the Village Manager/Comptroller's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Village Manager/Comptroller may, within fifteen (15) days of service upon him or her of the applicant's memorandum, submit a responsive memorandum to the Corporate Authorities. The Corporate Authorities shall thereupon set the time and place for the hearing on such appeal, and notice of such hearing shall be personally served upon or sent by certified mail, return receipt requested, to the applicant at his or her last known address at least five (5) business days prior to the date set for the hearing. No oral testimony shall be presented to the Corporate Authorities at the appeal, and the review of the Corporate Authorities shall be limited to the memoranda submitted by the Village Manager/ Comptroller and the applicant. After reviewing such memoranda, as well as the Village Manager/ Comptroller's written decision, the Corporate Authorities shall vote either to uphold or overrule the Village Manager/Comptroller's decision. Such vote shall be taken within thirty (30) days after the date on which the Village Manager/Comptroller receives the notice of appeal. The decision of the Corporate Authorities on the appeal shall be by a vote of a majority of the trustees then holding office and shall be final.
(B) Suspension of Business Operation. When the conduct or operation of any business shall constitute a nuisance in fact or a clear and present danger to the public health, safety, or general welfare, the Village Manager/Comptroller shall be authorized to summarily order, by the issuance of a written order, the cessation of business, the closing of the premises, and the suspension of any license for a period not to exceed ten (10) days. The written order shall state the reason for the cessation of business, the closing of the premises, and the suspension of the license. Within eight (8) days after he or she has so acted, the Village Manager/Comptroller shall call a hearing for the purpose of determining whether or not the license should be suspended for an additional period of time or revoked.
(C) Suspension or Revocation of License or Denial of Renewal. Any license contemplated under this subchapter, unless otherwise provided, may be suspended for up to thirty (30) days or revoked by the Village Manager/Comptroller or an application for renewal of such license may be denied by the Village Manager/Comptroller after notice and hearing as provided below for any of the following causes:
(1) The commission of any act by the licensee which would be grounds to deny an application for an initial license;
(2) Any violation by the licensee, its agents or employees of ordinance provisions relating to the license, the subject matter of the license, or the premises occupied:
(3) Any fraud perpetrated upon a customer of the business by the licensee, its agents or employees;
(4) Conviction of the licensee, its agents or employees of any felony or of a misdemeanor when such conviction indicates his or her inability to conduct or operate a safe, honest, or legitimate business operation within the Village;
(5) The licensee has conducted any activities directly related to the licensee's business in the Village in an unlawful manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public;
(6) 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 or taking such samples, as provided in this Code; or
(7) Any other violation by the licensee, its agents or employees of any Village ordinances, resolutions, or regulations.
(D) Remedies not Exclusive. Such suspension or revocation, as the case might be, if ordered, or denial of an application for renewal of a license shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this Chapter or other ordinances of the Village nor the institution of civil proceedings with respect thereto.
(E) Hearing.
(1) Notice of the hearing for suspension or revocation of a license or denial of an application for renewal 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 personally served upon or sent by certified mail, return receipt requested, to the licensee at his or her last known address at least five (5) business days prior to the date set for the hearing. A copy of the notice shall also be posted upon the licensee's place of business, or if the licensee has no known place of business, may be published in a newspaper of general circulation within the Village. A copy of the notice shall be filed in the records of the Village. All pleadings, motions, notices and orders shall be filed with the Village Clerk.
(2) At the hearing, the Village Prosecutor shall present the complaint and shall represent the Village. The Corporation Counsel shall represent and advise the Village Manager/Comptroller. The Village Prosecutor shall have the right to submit evidence, call witnesses to testify under oath, and to cross-examine witnesses. The licensee shall be permitted counsel and shall have the right to submit evidence, call witnesses to testify under oath, and cross-examine witnesses. A stenographic or electronically recorded record of the hearing shall be kept. The rules of evidence as applied in civil cases in the circuit courts of Illinois shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Objection to evidentiary offers may be made and shall be noted in the record. The Village Manager/Comptroller shall preside and shall render the decision within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision. A copy of such decision shall be served upon the licensee in the same manner as the notice of the hearing.
(3) Upon suspension or revocation of a license or denial of an application for renewal of a license by the Village Manager/Comptroller, the licensee, or any person acting for the licensee, shall immediately cease conducting or operating the business described in such suspended, revoked or non-renewed license unless otherwise provided in the Village Manager/Comptroller’s decision or the licensee files a Notice of Intent to appeal with the Village Manager/Comptroller within two (2) days after receipt of service of the Village Manager/Comptroller's decision. If the licensee files said Notice of Intent, the licensee may continue conducting or operating said business during the pendency of the appeal before the Corporate Authorities.
(4) Any licensee whose license is suspended or revoked or whose application for renewal of a license has been denied shall pay to the Village the costs of the hearing before the Village Manager/Comptroller. The Village Manager/Comptroller shall determine the costs incurred by the 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 the Village Manager/Comptroller may allow. The licensee shall pay said costs to the Village within thirty (30) days of notification of the costs by the Village Manager/Comptroller. Failure to pay these costs within thirty (30) days of notification is a violation of this section and shall be cause for license suspension or revocation or the levy of a fine.
(F) Appeal. The decision of the Village Manager/ Comptroller to suspend or revoke a license or deny an application for the renewal of a license may be appealed to the Corporate Authorities by a writing under oath setting forth specifically the grounds for appeal, within ten (10) days after receipt of service of the Village Manager/Comptroller's decision. The Corporate Authorities shall thereupon set the time and place for a hearing on such appeal and notice of the hearing shall be given to the licensee in the same manner as provided for the notice of the hearing before the Village Manager/Comptroller. Upon appeal, the Corporate Authorities shall review the transcript of the hearing, the evidence presented and the written decision of the Village Manager/Comptroller. The Corporate Authorities shall render its decision on the evidence and testimony presented at the hearing before the Village Manager/Comptroller. No oral testimony, new or additional evidence shall be presented to the Corporate Authorities at the appeal. The Corporate Authorities shall render a decision within a reasonable time following its review of the transcript of the hearing, the evidence presented and the written decision of the Village Manager/Comptroller, but not later than thirty (30) days after such review. The Corporate Authorities may affirm or reverse the decision of the Village Manager/Comptroller or may remand the matter for further hearing. The decision of the Corporate Authorities on appeal shall be by a vote of a majority of the trustees then holding office. The decision of the Village Manager/Comptroller shall be affirmed on appeal unless said decision is against the manifest weight of the evidence, an abuse of discretion or a misapprehension of the law. The Corporate Authorities' decision shall be in writing and shall state the reasons for the decision. The decision of the Corporate Authorities on such appeal shall be final and conclusive.
(G) Post-Hearing License Eligibility. When any license shall have been revoked for any cause, no license shall be granted to the revoked licensee, or any person acting for the revoked licensee, for the conduct or operation of the business described in such revoked license until twelve (12) months after the cause for the revocation has been abated, unless the revocation order has been vacated.
(Ord. 19-4150, passed 4-18-19; Ord. 19-4166, passed 8-1-19) Penalty, see § 119.999