(A) Suspension of Business Operations:
1. When the conduct or operation of any hotel or motel, whether licensed or unlicensed, shall constitute a nuisance in fact or a clear and present danger to the public health, safety, or general welfare, the Village Administrator shall be authorized to summarily order the cessation of business and the closing of the premises for a period not to exceed ten (10) days; and
2. Within eight (8) days after a license is suspended, the Village Administrator shall convene a hearing as provided in Subsection D of this Section for the purpose of determining whether or not the license or permit should be revoked or further suspended.
(B) Revocation of License:
1. Hotel and motel licenses issued by the Village may be suspended for up to thirty (30) days or revoked by the Village Administrator after notice and hearing as provided in subsection D of this section for any of the following causes:
a. Any fraud, misrepresentation, or false statement contained in the application for the license;
b. Failure by the applicant to comply with any provision of this Code or any Statutes of the State relating to the business, occupation, or activity of the license;
c. Conviction of the applicant of any felony or of a misdemeanor where such conviction indicates their inability to operate a safe, honest, and legitimate business separation within the Village;
d. Failure of the licensee or permittee to pay, after notice, any judgment, fine, penalty, tax or other indebtedness or charge due and owing to the Village.
e. Any deceptive trade practices as defined by State or Federal law or regulation and shall comply with all applicable laws and regulations regarding consumer protection and deceptive trade practices;
f. Failure to comply with all Village Zoning, Building, Fire and Health Codes, and ordinances, as well as all other application Village codes, ordinances, rules, and regulations and failure to maintain the premises in good repair, free of litter and debris and in a safe condition for employees, customers and other persons present therein or thereon; and
g. Refusal to permit an inspection or any interference with a duly authorized Village officer or employee while in the reasonable performance of his duties in making such inspections.
(C) Prosecution and Other Penalties: Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties as provided for the violation of other provisions of this chapter, other ordinances of the Village or state law. No person whose license has been revoked shall be eligible for a new license during the period for which the original license was originally issued.
(D) Hearing Procedures:
1. Notice:
a. Notice of a hearing shall set forth, specifically, the grounds of the complaint and the time and place of the hearing;
b. Such notice shall be served by certified mail (return receipt requested) to the licensee at his last known residence or business address, at least five (5) days prior to the date set for the hearing or personally served on the licensee at least three (3) days prior to the date set for the hearing;
c. If the licensee shall request a continuance in the date of the hearing, any suspension in effect shall be continued until the continued hearing date; and
d. All pleadings, motions, notices, and orders shall be filed with the Village Clerk.
2. Procedural Rules:
a. Prior to the beginning of any hearing, the Village Administrator may adopt additional procedural rules as may be necessary for that hearing;
b. At that hearing, the licensee shall be permitted counsel and shall have the right to respond, present evidence, and cross examine witnesses;
c. All proceedings shall be stenographically or electronically recorded;
d. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the circuit courts of the state shall not apply. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record;
e. No discovery procedure shall be used prior to a hearing except by leave of the Village Manager who shall supervise all of any part of any discovery procedures;
f. The standard for proof of hearings shall be by the preponderance of the evidence; and
g. The Village Administrator shall preside and render the decision within a reasonable time after the conclusion of the hearing, but not later than fourteen (14) days after the conclusion of the hearing. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
3. Hearing Costs:
a. Any hotel or motel licensee whose license is suspended or revoked, or a hotel or motel business that operates without a license, shall pay to the Village the costs of the hearing before the Village Administrator. The Village Administrator shall determine the costs incurred by the Village for said hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing the mailing notices and orders, and all other miscellaneous expenses incurred by the Village or such lesser sum as the Village Manager may allow; and
b. The licensee shall pay said costs to the village within thirty (30) days of notification of the costs by the Village Administrator. Failure to pay said costs within thirty (30) days of notification is a violation of this section and may be cause of license suspension or revocation, or the levy of a fine.
(E) Any licensee aggrieved by the decision of the Village Administrator may, within fourteen (14) days of service of the Village Administrator’s decision, appeal such adverse decision to the Village Board of Trustees. The Village Board of Trustees shall, by a majority vote of the trustees sustain or reverse the decision of the Village Administrator. The decision of the Village Board of Trustees shall be final. (Ord. 21-O-46, 9-27-2021)