(A) Notice.
(1) If facts exist for denial, suspension or revocation of a license under this subchapter, the Chief of Police shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds thereof, by personal, delivery or certified mail.
(2) The notification shall be directed to the most current business address on file with the Chief of Police.
(3) Within five working days of receipt of such notice, the respondent may provide to the Chief of Police, in writing, a response that shall include a statement of reasons why the license should not be denied, suspended or revoked.
(4) Within three days of the receipt of respondent’s written response, the Board Trustees shall notify respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding.
(B) Hearing. At the next regularly scheduled meeting of the Board of Trustees after receipt of respondent’s written response, the Board of Trustees shall conduct a hearing, at which respondent shall have the opportunity to be represented by counsel, and to present evidence and witnesses on his or her behalf.
(C) Decision.
(1) The Board of Trustees shall issue a written opinion and decision within five days of the hearing.
(2) (a) If a response is not received by the Board of Trustees in the time provided or, if after a hearing, the Board of Trustee finds that grounds as specified in this subchapter exist for denial, suspension or revocation, then such denial, suspension or revocation shall become final five days after the Board of Trustees sends, by certified mail, written notice that the license has been denied, suspended or revoked.
(b) Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
(3) If the Board of Trustees finds that no grounds exist for denial, suspension or revocation of a license, then within five days after the hearing, the Board of Trustees shall withdraw the intent to deny, suspend or revoke the license, and shall so notify the respondent in writing by certified mail of such action, and shall contemporaneously issue the license.
(D) Appeal and provisional license.
(1) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction.
(2) Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the village’s enforcement of the denial, suspension or revocation, the village shall immediately issue the aggrieved party a provisional license.
(3) The provisional license shall allow the aggrieved party to continue operation of the adult business or to continue employment as an adult business employee, as the case may be, and will expire upon the court’s entry of a judgment on the aggrieved party’s action to appeal, challenge, restrain or otherwise enjoin the village’s enforcement.
(Prior Code, § 20-1614) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)