No license, permit or certificate shall be granted until the application procedures and investigation required by this chapter are completed. Any application for a license or permit may be denied or an existing license or permit may be suspended or revoked in accordance with this section for the violation by the applicant, licensee, or permittee of any ordinance provision, law or regulation relating, directly or indirectly, to the license or permit, the subject of the license or permit, or the premises occupied. The denial, suspension, or revocation may be in addition to any fine imposed and shall be in accordance with the procedures set forth below. However, in any situation where the public health, safety, morals, or welfare is immediately threatened by the continued operation of any business, the Village Licensing Committee shall be and is hereby authorized to order the immediate cessation of business and/or the closing of the premises, and the immediate suspension of any business regulation certificate, license, or permit for a period not to exceed 21 days pending the hearing required below. If the Licensing Committee finds any cause listed in division (E) below, it shall recommend to the Board of Trustees the denial, suspension, or revocation of the license or permit pending the hearing required below.
(A) The Licensing Committee is hereby authorized to deny a license or permit application, and to revoke or suspend any license or permit, pursuant to the procedures set forth in this chapter. The Licensing Committee is further authorized to appoint a hearing officer to conduct any hearing required by this section.
(B) Notice of denial, suspension, or revocation.
(1) Within three days after the Licensing Committee has denied a license or permit, the Committee Chairperson shall notify, by mail, the applicant of the action taken by the Licensing Committee. Such notice is deemed received by the applicant, licensee, or permittee two days after mailing. If the applicant desires a hearing on the denial, he must then notify the Village President by certified or registered mail, return receipt requested, within seven days of the mailing of the notice sent by the Chairperson of the Licensing Committee.
(2) Whenever the Licensing Committee receives a request for suspension or revocation of a license or permit, the licensee or permittee shall be notified, by mail, by the Chairperson. Such notice shall be deemed received by the applicant, licensee, or permittee two days after mailing. Such notice shall indicate the alleged basis for the suspension and/or revocation and the date, time, and place where the Licensing Committee or a hearing officer appointed by the Licensing Committee will hold a hearing thereon. The Committee or the hearing officer will hear the request for suspension or revocation and render a written recommendation to the Board of Trustees at their next meeting after the conclusion of the hearing.
(C) Hearing. Within ten days after the Village President has received a proper request for a hearing on the denial of a license, certificate or permit, the Committee Chairperson shall call a hearing for the purpose of determining whether or not the business regulation certificate, license or permit should be denied. Within 10 days after the License Committee receives a request for the suspension and/or revocation of a license, certificate or permit, the Committee Chairperson shall call a hearing on such suspension and/or revocation. Any such hearing shall be started no earlier than five days, nor later than 14 days, after the call has been made.
(D) Notice of hearing. Notice of the hearing for denial, suspension, or revocation of a license, business regulation, certificate or permit shall be given to the applicant, licensee, or permittee, in writing, setting forth specifically the grounds of the complaint and the time, date, and place of the hearing pursuant to division (B) above. The notice shall be sent to the applicant, certificate holder, or permittee at his last known address or at the address indicated on the latest application for a business license or permit.
(E) Hearing procedures. The hearing may be convened by the Licensing Committee, or by a hearing officer appointed by the Licensing Committee. At the hearing, the Village Attorney shall present the complaint and evidence and shall represent the village. The applicant, certificate or license holder, or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The hearing may be continued from time to time for good cause shown. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Licensing Committee or the hearing officer appointed by the Licensing Committee shall evaluate the evidence and present its written recommendation to the Board of Trustees at the next meeting of the Board of Trustees after the conclusion of the hearing. The Board of Trustees and the President shall take final action on the License Committee's or the hearing officer's recommendation.
(F) Causes for denial, suspension, or revocation. Business regulation certificates, licenses and permits issued under the ordinances of the village, unless otherwise provided, may be denied, suspended, or revoked for any of the following causes:
(1) Any fraud, misrepresentation, or false statement contained in the application for the license, certificate or permit, or the display of a fraudulently altered license, certificate or permit, or the misuse of any license, certificate or permit;
(2) Any violation by the license or certificate holder or permittee of ordinance provisions or laws relating directly or indirectly to the license, certificate or permit, the subject matter of the license, certificate or permit, or the business occupied;
(3) Conviction of the licensee, certificate holder or permittee of any felony or of a misdemeanor involving moral turpitude;
(4) Failure of the licensee, certificate holder or permittee to pay any fee, fine or penalty owing to the village;
(5) Refusal to permit an inspection or sampling by the village, or any interference with a duly authorized village officer or employee while in the performance of his duties in making such inspection, as provided in § 110.09 of this chapter;
(6) Denial, suspension, or revocation by any other municipality or by the state or any regulatory body of the state of a comparable license or permit;
(7) Failure to comply with BOCA and the Village Building Safety Codes; or
(8) Excessive consumer complaints regarding the business or the owners or managers of the business or a related business.
(G) Reapplication for license or permit. If an application for a license or permit has been denied, or a license or permit has been revoked, the applicant or holder may not seek another license or permit from the village earlier than 12 months after the final denial or revocation.
(H) Suspension. A license or permit that has been suspended may be reinstated by the village upon proper request by the licensee or permittee, if the terms and conditions established by the Board of Trustees for such reinstatement are met. Upon request to the village by certified or registered mail, return receipt requested, by the applicant, licensee, or permittee, a meeting of the License Committee will be held within 10 days to consider the request of the applicant, licensee, or permittee. The Village Attorney may present information against or in support of such request at the hearing. The License Committee will present its recommendation to the Board of Trustees at the next meeting of the Trustees. The Board of Trustees and the President shall take final action on the License Committee's recommendation.
(Ord. 88-0-008, passed 1-26-88; Am. Ord. 95-0-023, passed 5-22-95; Am. Ord. 2008-O-003, passed 2-19-08)