A. Compliance required: All licensees and permitees shall comply with all applicable laws, ordinances, rules and regulations of the Village, and no business, occupation, or activity, whether licensed or not, shall be so conducted or operated as to amount to a nuisance. The Village Administrator or his designee shall cause periodic inspections to be made of licensees and permitees to maintain proper compliance with all applicable laws, ordinances, rules, and regulations, and to protect the general health, safety, and welfare of the public. Whenever inspections of the premises used for the operation of a licensed business, occupation or activity are reasonably necessary to secure compliance with any ordinance or to detect violations thereof, or to protect the general welfare of the public, it shall be the duty of the licensee, permitee, or person in charge of the subject premises to admit and assist any officer or employee of the Village who is authorized or directed to investigate the premises.
B. Suspension of Business Operation: When the conduct or operation of any business or establishment, whether or not licensed, shall constitute a nuisance in fact and 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, the closing of the premises and the suspension of any license or permit for a period not to exceed ten (10) days.
Within eight (8) days after he/she has so acted, the Village Administrator shall call a hearing for the purpose of determining whether the license or permit should be revoked or suspended.
C. License suspension: The Village Administrator or his designee may suspend or revoke any license or permit issued under this chapter if:
1. The licensee fails to meet or maintain the qualifications required of an applicant for the license;
2. The licensee violates any provision of this chapter or any other ordinance of the Village applicable to the premises of the licensee or his business, profession or activity;
3. The licensee obtained the license by fraud, misrepresentation or omission of a material fact;
4. The licensee's activities create a danger to the public health, safety or welfare;
5. The licensee violates a condition of the license;
6. The licensee violates a statute, regulation or other law of the state, the United States of America or other governmental body or agency with jurisdiction over the licensee or his premises, business, profession or activity;
7. The licensee fails to obtain or maintain a license, permit or certification required by the village or other governmental body or agency having jurisdiction over the licensee or his premises, business, profession or activity;
8. One or more of the licensee's activities constitute a public nuisance;
9. The licensee employs a person (a "revoked licensee") who has had his license, or the license of a corporation, partnership, or similar entity in which he has an ownership interest, suspended, revoked or not renewed under this article; or
10. The licensee, in the case where the licensee is a corporation, partnership or similar entity, becomes owned, in whole or in part, by a revoked licensee or an owner or principal of a revoked licensee.
D. License suspension notice; hearing on revocation:
1. If the Village administrator or his designee finds one of the grounds set forth in subsection (C) of this section exists, he shall give written notice to the licensee or person in control of the business, profession or activity within the Village, by personal service or certified mail, that the license is suspended, pending a hearing before the board of trustees for the purpose of determining whether the license should be revoked. The notice shall state the time and place at which the hearing is to be held, which shall be at a regular or special board of trustees meeting within thirty (30) days from the date of service of the notice. The notice shall contain a brief statement of the reasons for the suspension and proposed revocation.
2. At the license revocation hearing, the licensee may appear and submit evidence in defense or mitigation of the violation specified in the notice. At such hearing, all parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The board of trustees shall determine and rule upon all issues of evidence and procedure at the hearing, and shall, by a majority vote of members present, render a written decision based upon findings of fact and applicable law. The written decision shall be served upon all parties.
E. Standards for revocation or lesser sanctions:
1. If persuaded that the licensee has violated or failed to comply with one or more of the standards or requirements set forth in subsection b. of this section, the board of trustees shall determine whether to revoke the license or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one (1) or more of the following factors:
a. Whether the misconduct was egregious;
b. Whether substantial harm resulted;
c. Whether the violation was intentional;
d. Whether there is a history of prior violations of the same or other requirements;
e. Whether the violation was voluntarily disclosed or admitted;
f. Whether the violation was expeditiously cured;
g. Whether the licensee has paid all fines assessed; and
h. Whether it would be in the public interest to impose some penalty or sanction less than revocation.
2. Lesser sanctions which may be imposed by the Board of Trustees shall include, but are not limited to:
a. Suspension of the license for a period of time;
b. Imposition of a fine in addition to any other fine for which the licensee may be liable under other sections of this chapter; and
c. Imposition of conditions and/or limitations upon the license.
3. If a fine is imposed, the Board of Trustees may include an assessment of the reasonable attorneys' fees incurred by the village in enforcing this section and conducting the license revocation hearing.
4. No person who has had a license suspended, revoked or not renewed under this article shall be granted any other license under this chapter during the period of suspension, revocation or nonrenewal either in the licensee's own name, as a principal in another business or entity, or in the name of a corporation, limited liability company or other entity which has ownership or another interest in common with the revoked licensee. For the purposes of this section, the term "another interest in common with the revoked licensee" shall include situations where the revoked licensee or one of its owners or principals is employed by the prospective licensee. No person whose license is revoked is entitled to a refund of any part of the license fee paid for the revoked or suspended license.
F. Revocation not exclusive remedy: Nothing in this section shall be deemed to prevent the Village Administrator or his designee or applicable Village Inspector from imposing other penalties authorized by this chapter or other village ordinance, including the imposition of a fine or filing a complaint in the circuit court of the county for a violation of this chapter or other village ordinance. (1976 Code § 9-11; amd. Ord. 2023-23, 7-20-2023)