§ 5.28.220. Additional penalties—Cessation of business—Suspension of license.

A.

In addition to the penalties provided in Sections 5.28.190 and 5.28.200, whenever the conduct or operation of any business, occupation, activity or establishment, licensed or required to be licensed under Article I of this chapter, results in the exhibition or attempted exhibition of a motion picture without a permit as required in Article II of this chapter, the village president and the board of trustees shall be authorized to summarily order the cessation of business and the closing of the premises until a permit is obtained, and the suspension of the license for a period not to exceed ten days.

B.

Within eight days after a license is suspended, the village president and board of trustees shall call a hearing for the purpose of determining whether or not the license should be revoked.

C.

In addition to the emergency summary suspension provided above, licenses issued under this chapter may be revoked by the village president and the board of trustees after notice and hearing as provided in subsections D and E of this section for any of the following causes:

1.

Any fraud, misrepresentation or false statement contained in the application for a license or permit required under Articles I and II of this chapter.

2.

Any violation by the licensee or permittee of provisions of this chapter relating to the license or permit, the subject matter of the license or permit, or the premises occupied.

3.

Conviction of the licensee or permittee of any felony or of a misdemeanor where such a conviction indicates the inability to operate a safe, honest and legitimate business operation within the village.

4.

Failure of the licensee or permittee to pay any fine or penalty owing to the village.

5.

Possession of stolen property.

6.

A finding by a state or federal agency that the licensee or permittee has engaged in deceptive trade or other similar practices.

Revocation of a license, if ordered, shall not preclude prosecution and imposition of any other penalties provided for in this or any other applicable ordinance of the village.

D.

Notice of the hearing for 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 or permittee at his last known address at least five days prior to the date set for the hearing. Service may also be had by personal delivery, in which case a statement under oath by the persons making such delivery shall be presented at the hearing. Attendance at the hearing by the licensee without objection shall be a waiver of any defect in notice. If the licensee shall request a continuance in the date of the hearing, the ten-day suspension shall be in effect until two days after the final hearing date.

E.

At the hearing, the village attorney shall present the complaint and shall represent the village. The licensee or permittee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. The village president shall preside and the president and the board of trustees shall render the decision.

(Ord. 1976-9 Part D § 3, 1976)