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HomeMy WebLinkAboutOrd 4188 05/15/1990 ORDINANCE NO. 4188 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 10 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 15th day of May .., 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of May , 1990. EH/CAF 4/11/90 4/26/90 ORDINANCE NO. A1RR AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER l0 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article IV entitled "Revocation or Denial" of Chapter 10 of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Article IV of Chapter 10 shall be and read as follows: " ARTICLE IV REVOCATION OR DENIAL Sec. 10.401. Procedure Sec. 10.402. Notice of Action Against License, Procedure For Hearing Sec. 10.403. Appeal Procedure Sec. ~0.401. Procedure. Any such license contemplated or issued under Article I of this Chapter may be suspended up to sixty (60) days or revoked by the Village Manager, or an application for issuance of renewal of such license may be refused by the Village Clerk, if either determines: A. That the application of the applicant or license holder contains any false, fraudulent or misleading material statement; or B. That the applicant or license holder has made any false, fraudulent or misleading material statement, or has been convicted of perpetrating a fraud upon any person, whether or not such fraud was perpetrated in the course of conducting any business in the Village, or that the applicant or license holder has committed a felony; or C. That the applicant or license holder has conducted any activities directly related to his business in the Village in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. D. That the applicant or license holder has suffered a revocation or refusal to issue or renew such license by any state, municipality or licensing authority. Sec. 10.402. Notice of Action Against License, Procedure for Hearing. A. Notification. The applicant or licensee shall be notified of a determination to revoke or refuse issuance or renewal of a license by the Village Manager. This notice shall inform the applicant of the right to request a hearing before the Village Manager regarding the proposed action. Chapter 10 Page 2 of 3 Additionally, the notice shall contain the reasons for the revocation, suspension or refusal to issue or renew. Such notice shall be personally served or mailed, postage prepaid, to the applicant or license holder, as the case may be, at his last known address and shall provide such applicant with the right to request a hearing before the Village Manager involved within eight (8) days following the date such notice was personally delivered or placed in the mail. If no such request for a hearing is received the Village Manager's determination shall become final. B. Setting of Hearing. The Village Manager shall set a place and date for the hearing and shall notify the applicant or license holder of said place and date of said hearing. The initial date for hearing shall be no more than twenty-one (21) days after the written request for a hearing is made. C. Right to Counsel. The applicant or license holder shall have the right to be represented at such hearing by legal counsel. D. Decision of Village Manager. At the conclusion of the hearing, the Village Manager shall issue a written decision and findings of fact and shall mail same to the applicant or license holder. The decision and findings of fact shall be mailed within five (5) days following the conclusion of the hearing or the receipt of any transcript thereof, whichever is the latest to occur. Sec. 10.403. Appeal Procedure. Any applicant or license holder aggrieved by the action of the Village Manager in refusing to issue any license subject to this Article or in suspending or revoking any license already~ issued shall have the right to appeal to the President and Board of Trustees of the Village. A. Such appeal shall be made to the Village Board, or designated person, within seven (7) days after the notice of said decision of the Village Manager has been mailed. The appeal shall contain a written statement setting forth the grounds for appeal. No applicant or license holder may appeal to the Village Board unless a timely request for a hearing before the Village Manager, as set forth in Sec. 10.402, has been made by said applicant or license holder. B. The President and Board of Trustees of the Village shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the manner provided in Section 10.402. C. The appellant shall have the right to be represented at such hearing by legal counsel. D. The decision and Order of the President and Board of Trustees of the Village following such appeal shall be final and conclusive. E. No license shall be revoked: 1. During the pendency of an appeals before the President and Board of Trustees of the Village, nor hapter 10 Page 3 of 3 2. While litigation is pending in any court challenging the decision of the President and Board of Trustees, nor 3. While any appeal is pending from any court's action, overriding or reversing the Board's action, nor 4. During the time within which such appeals from a court's action can lawfully be taken. " SECTION TWO: That all Ordinances and Resolutions or parts thereof which are in conflict with the provision of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 15th day of May , 1990. Gerald L. ~arle~ Village President ATTEST: Carol A. Fields Village Clerk