Any person aggrieved by the decision of the Mayor in regard to the denial of an application for a business license, as provided in this chapter, or the Mayor in connection with the suspension or revocation of a license, or the closing of an establishment dangerous to the public, as provided in this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within 10 days after the notice of a denial of an application or a revocation of a license, a written statement under oath setting forth specifically the grounds for appeal. The City Council shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant or licensee in the same manner as provided in § 142-5.5 hereof. The decision of the City Council on such appeal shall be by a vote of a majority of the City Council then holding office and shall be final.
A. 
It shall be the duty of any person conducting a licensed business in the City to keep his license displayed at all times in a prominent place on the premises, machine, or vehicle used for such business.
B. 
No person shall destroy, obliterate, take, remove, or carry away without the consent of the owner any license, certificate, plate, or sticker that has been issued by the City, except when such license, certificate, plate, or sticker has been discontinued or the licensed premises have been abandoned. Nothing herein shall prevent the Mayor or his or her duly authorized representative from removing any license, certificate, plate, or sticker from the possession of a former licensee, his premises, any vehicle, or any machine when said license has been revoked under the provisions of this chapter.[1]
[1]
Editor's Note: Original Section 5.04.230 of the 1997 Code, Business Vehicles, which immediately followed this section, was repealed by Ord. No. 3455.
The building and premises used in any business licensed hereunder shall comply with all City zoning, building, fire and health codes, and ordinances, as well as all other applicable City codes, ordinances, rules, and regulations and shall be maintained in good repair, free of litter and debris and kept in a safe condition for employees, customers and other persons present therein or thereon. In addition, any business licensed hereunder shall comply with all statutes of the State of Illinois. No gambling, raffle, lottery, or chance gift distribution of money or articles of value shall be permitted on any premises wherein a business is licensed hereunder.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Mayor, the City Clerk, the City Zoning Administrator, the City Building Official, and the City Fire Chief and the City Police Chief shall take all necessary and appropriate action to compel compliance with the regulatory provisions of this chapter. All municipal employees duly authorized and acting as license inspectors shall be conservators of the peace with police powers for the purpose of enforcing the provisions of this chapter and other City ordinances relating to the licensing of businesses and occupations and their regulations.
A. 
Suspension of business operation. When the conduct or operation of any business shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, the Mayor shall be authorized to summarily order the cessation of business, the closing of the premises and the suspension of any license for a period not to exceed 10 days. Within eight days after he or she has so acted, the Mayor shall call for a hearing for the purpose of determining whether or not the license should be suspended for an additional period of time or revoked.
B. 
Revocation of license.
(1) 
Licenses issued under the ordinances of the City, unless otherwise provided, may be suspended for up to 30 days or revoked by the Mayor after notice and hearing as provided below 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 ordinance provisions relating to the license, the subject matter of the license, or the premises occupied;
(c) 
Conviction of the licensee of any felony or of a misdemeanor when such conviction indicates his inability to operate a safe, honest, or legitimate business operation within the City;
(d) 
Failure of the licensee to pay any fine or penalty owing to the City;
(e) 
Refusal to permit an inspection or sampling, or any interference with a duly authorized City officer or employee while in the performance of his duties in making such inspections, as provided in this chapter; or
(f) 
Any other violation of any City ordinances, resolutions, or regulations.
(2) 
Such suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances of the City.
C. 
Hearing. Notice of the hearing for suspension or revocation of a license 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 days prior to the date set for the hearing.
(1) 
At the hearing, the City Attorney shall present the complaint and shall represent the City. The licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. A stenographic or electronically recorded record of the hearing shall be kept. The Mayor shall preside and shall render the decision within a reasonable time after the conclusion of the hearing, but not later than 30 days after such conclusion. The decision shall be in writing and shall summarize the evidence and state the reasons for the decision.
(2) 
Any licensee whose license is suspended or revoked shall pay to the City the costs of the hearing before the Mayor. The Mayor shall determine the costs incurred by the City for said hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the City or such lesser sum as the Mayor may allow.
(3) 
The licensee shall pay said costs to the City with 30 days of notification of the costs by the Mayor. Failure to pay said costs within 30 days of notification is a violation of this section and may be cause for license suspension or revocation, or the levy of a fine.
A. 
In addition to the suspension and revocation provisions above, any person, firm, or corporation convicted of violating any provisions of this chapter shall be subject to a fine of not less than $100 and not more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Amended 4-20-2015 by Ord. No. 3180]
B. 
Whenever a person, firm, or corporation violates any of the provisions of this chapter, the City may cause appropriate legal actions and proceedings, in law or in equity, to be instituted and maintained to enforce compliance herewith, including an action for injunctive relief in a court of competent jurisdiction.