§ 24-2. Issuance, renewal and revocation of licenses.

(a)

Conflicts with other provisions. To the extent that the general provisions of this section conflict with other specific provisions of this Code or other village ordinances, the general provisions of this section shall not apply to the activity covered by such other specific provisions, and such other provisions shall be given full force and effect.

(b)

Application. An application for a license required by this Code or any other ordinance of the village shall be made in writing under oath to the village on a form prescribed by the Finance Director. Each application shall contain the following information and such other information as may be required to determine whether the license should be granted:

(1)

The name and residential address of the applicant, who shall be the principal owner in the case of a non-corporate entity or the president in the case of a corporate entity.

(2)

The addresses of the permanent places of business within the village covered by the application, or, if there are no permanent places within the village, the address of the permanent place or location most closely involved with the business or activity covered by the application.

(3)

A description of the business or activity for which the license is requested.

(4)

The period of time for which the license is requested.

(5)

Any information required by the Finance Director to determine the appropriate fee for the license, including the gross floor area of the business.

(c)

Forms. Forms for all licenses, and all applications therefor, may be prepared and kept on file by the Finance Director.

(d)

Investigations and inspections. An applicant for a license or the holder of a license shall permit the village to conduct appropriate investigations and inspections to determine the applicant's eligibility for the license and the holder's compliance with the requirements of the license. Such inspections may include inspections of any building or premises where the licensed business or activity is conducted or proposed to be conducted. Such investigations or inspections may be conducted by the official specified in this Code or other village ordinances, or by that official's designated representative. Whenever the analysis of any commodity or material used in a business or activity covered by a license, including, but not limited to, food or beverages, is reasonably necessary to secure compliance with this Code or other village ordinances, or to detect violation thereof, the holder of the license shall upon request promptly provide sufficient samples of the material or commodity to an authorized representative of the village to allow analysis thereof.

(e)

Issuance of license. The Finance Director shall issue the license pursuant to the application if the application is in proper form, the license fee is paid in advance, and any investigation or inspection shows that the conduct of the business or activity would not violate this Code or other village ordinances. The Finance Director may also issue a conditional license when an investigation or inspection discloses a condition which must be corrected, when the applicant has provided satisfactory assurance that the condition will be corrected within a reasonable time, and the conduct of the business or activity pending the correction of the condition will not endanger the public health, safety or welfare. The Finance Director may, in the exercise of the Finance Director's discretion, permit the Director of Community Development to perform any of the foregoing functions in relation to the issuance of business licenses to contractors.

(f)

Term of license. All licenses shall be effective for a calendar year.

(g)

Notice of expiration. The Finance Director shall give the holder of a license a notice of expiration at least 30 days prior to the end of the calendar year. However, a failure to give notice, or the failure of the holder to receive it, does not excuse the holder from obtaining a new license and shall not be a defense to a citation for operating without a license.

(h)

Duty to notify Finance Director of changes. The applicant or holder of a license shall have a duty to notify the Finance Director of any changes in the information contained in an application which is pending or which was the basis for the issuance of a license.

(i)

Transfer. No license shall be assigned or transferred, nor shall any license authorize any person other than the applicant to conduct business under such license.

(j)

Suspension and revocation. In addition to any other penalty which may be authorized by this Code or other village ordinances, the Village Manager may suspend or revoke any license issued pursuant to this chapter if the holder refuses to allow a required inspection or jeopardizes public health, safety or welfare by violating this Code, other village ordinances, or state or federal laws or regulations which apply to the licensed business or activity. The procedure for suspension or revocation of any license issued pursuant to this chapter shall be as follows:

(1)

Notice of hearing on suspension or revocation of license. Except as provided in subsection (j)(2) of this section, prior to the revocation or suspension of a license, the licensee be afforded a public hearing before the Village Manager, and shall be served with a written notice stating the nature of the violations alleged and the date, time and place of a public hearing at which the Village Manager will receive evidence concerning the alleged violation. Notice of the hearing shall be hand-delivered to the licensee's place of business and shall be sent by certified mail, postage prepaid, to the address of the applicant for the license as stated on the license application, and service shall be deemed complete at the time the notice is deposited in the mail. The hearing date shall be set no sooner than five days after the date of service without the agreement of the licensee.

(2)

Summary suspension pending expedited hearing. Where the Corporation Counsel or the Chief of Police, or their respective designees, present to the Village Manager sufficient evidence demonstrating probable cause to believe that the licensee has violated the provisions of this Code or of the laws of the United States or the State, and that said violation will immediately threaten the public health, safety or welfare, the Village Manager may, upon the issuance of a written order stating the reason for such conclusion and without prior notice or hearing, order the licensed premises closed and the license summarily suspended pending a public hearing and determination on suspension or revocation. Said hearing shall be commenced not more than seven days following entry of such an order, unless the licensee shall agree to a longer period of time. Upon entry of an order of summary suspension, the licensee shall be served with a copy of the order and notice of violation and hearing in the manner provided in subsection (j)(1) of this section.

(3)

Hearing on suspension or revocation. All public hearings conducted by the Village Manager incident to the revocation or suspension of any license issued pursuant to this chapter shall be hearings of record. Any order of suspension or revocation shall be based on written findings of fact, and such findings shall be supported by substantial evidence in the light of the whole record. An order of suspension or revocation shall be served on the licensee in the manner provided in subsection (j)(1) of this section. The failure of the licensee to appear at the hearing shall be deemed a waiver of the licensee's right to present evidence in denial of the complaint of violation or in mitigation of such punishment as may be imposed, and the Village Manager may proceed to make a determination on the complaint in the licensee's absence. The decision of the Village Manager shall be final, unless timely appealed in the manner provided in subsection (j)(4) of this section.

(4)

Appeal to the Village Board of Trustees. A licensee may appeal the action of the Village Manager suspending or revoking a license to the Village President and Board of Trustees. Said appeal shall be perfected by written notice given to the President within 30 days from the date when notice of suspension or revocation was issued. Said notice shall describe the order appealed from and state the reasons why the order should be overturned or modified. The review of the Village Manager's order shall be on the record made before the Village Manager, and no new evidence shall be accepted by the Village Board. The Village Board may hear and determine the appeal during the course of a regular or special meeting, and may permit the parties to make written or oral arguments on the record, as it shall determine. The decision of the Village Board shall be final.

(k)

Posting. The license or a copy thereof shall be conspicuously posted at all times at the addresses set forth on the application pursuant to subsection (b)(2) of this section.

(Code 1993, § 5-1.2; Ord. No. 94-0-5, 3-13-1994; Ord. No. 97-O-9, 2-25-1997; Ord. No. 2002-O-100, 12-10-2002)