A. Summary Suspension Of License: When the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, constitutes a nuisance in fact and a clear and present danger to the public health, safety or general welfare, or when the holder of any license has refused to allow an inspection of his premises or has refused to furnish a sample of his goods for testing, the president may summarily order the cessation of business and the closing of the premises until the danger no longer exists.
B. Hearing Upon Suspension: Within eight (8) days after a license or permit is suspended, the president shall call a hearing before the corporate authorities for the purpose of determining whether or not the license or permit should be revoked. (Ord. 94-41, 11-1-1994)
C. Causes For Revocation:
1. Licenses issued by the municipality, unless otherwise provided, may be revoked by the corporate authorities 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. Any violation by the licensee of provisions of this code or other ordinances of the municipality relating to the license or permit, the subject matter of the license or permit or the premises occupied.
c. Any violation by the licensee of any county, state, or federal law, rule or regulation relating to the license or permit, the subject matter of the license or permit, or the premises occupied.
d. Conviction of the licensee of any felony or of a misdemeanor where such conviction indicates his inability to operate a safe, honest and legitimate business operation within the village.
e. Failure of the licensee to pay any fine, penalty or charge owed to the village.
f. Refusal to permit an inspection or sampling or any interference with a duly authorized officer or employee of the municipality or other law enforcement or regulatory agency while in the reasonable performance of his duties in making such inspections, as provided in section 3-1-13 of this chapter. (Ord. 2014-21, 3-19-2014)
2. Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable provisions of this code or other ordinance or the municipality.
D. Hearing Upon Revocation; Decisions:
1. Notice of the hearing for revocation of a license or permit 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 sent by certified mail (return receipt requested) to the licensee at his last known address, at least five (5) days prior to the date set for the hearing. If the licensee shall request a continuance in the date of the hearing, the ten (10) day suspension shall be in effect until two (2) days after the final hearing date.
2. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses. The president shall preside. (Ord. 94-41, 11-1-1994)
3. A stenographic or electronic record of the hearing shall be kept. The licensee shall pay the cost of attendance fees of the reporter and the cost of the transcript if a transcript is ordered by the licensee. The municipality shall pay the cost of any transcript it orders. (Ord. 2014-21, 3-19-2014)
4. Within a reasonable time after the conclusion of the hearing, but not later than thirty (30) days after such conclusion, the president and board of trustees shall file a written decision summarizing the evidence and stating the reasons for their decision.
5. The decision of the president and board of trustees on such appeal shall be final. (Ord. 94-41, 11-1-1994)