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HomeMy WebLinkAboutRes 37-01 06/19/2001 RESOLUTION NO. 37-01 RESOLUTION ADOPTING DECISION ON APPEAL SUSTAINING THE REVOCATION OF LICENSE #17077 AND AUTHORIZING THE MAYOR TO SIGN SUCH DECISION ON APPEAL Preamble The Mayor and Board of Trustees of the Village of Mount Prospect have reviewed the document entitled "Decision on Appeal" with respect to business license #17077. The Decision on Appeal was prepared after careful consideration of all evidence and arguments of counsel. BE IT THEREFORE RESOLVED by the Mayor and Board of Trustees of the Village of Mount Prospect, acting in the exercise of their home rule powers: SECTION 1: The document entitled "Decision on Appeal" regarding license #17077 is hereby adopted as the determination of the Mayor and Board of Trustees. SECTION 2: The Mayor is hereby authorized to execute the Decision on Appeal and cause it to be served on the Licensee. SECTION 3: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. ADOPTED this ]-9 th day of June, 2001, pursuant to a roll call vote as follows: AYES: Hoefert, Lohrstorfer, Skowron~ Wilks NAYS: None ABSENT: Zadel APPROVED by this 1.9th day of June, 2001._ c-~'G'~rald L. Farley, ~i~ge President ~ ATTEST: Ver'ma Lowe, Village Clerk ON APPEAL TO THE MAYOR AND BOARD OF TRUSTEES OF THE DECISION OF THE LOCAL HEARING OFFICER VILLAGE OF MOUNT PROSPECT, ILLINOIS In the Matter of ) ) Elmhurst Accupressure ) Business License No. '1840 Elmhurst Road ) '17077 Mount Prospect, IL 60056 ) ) James Inse Lee ) Owner/Licensee ) DECISION ON APPEAL This matter came before the Village of Mount Prospect Mayor and Board of Trustees on appeal by the Licensee of the decision of the Village Local Hearing Officer to revoke the Licensee's Village of Mount Prospect business license number 17077. The Mayor and Board of Trustees have carefully reviewed the transcript of the hearing before the Local Hearing Officer and have heard and carefully considered among themselves the arguments of counsel for both the Local Hearing Officer and the Licensee. Pursuant to that consideration the Mayor and Board of Trustees find as follows: 1. The Mayor and Board of Trustees of the Village of Mount Prospect have appellate jurisdiction over this matter. 2. The Local Hearing Officer proceeded in a lawful manner. 3. Both the Village and the Licensee have proceeded in a timely manner with respect to all notices, hearings, petitions and requests. 4. The Licensee was duly represented by competent counsel. 5. The findings and decision of the Local Hearing Officer were not against the manifest weight of the evidence. 6. The findings and decision of the Local Hearing Officer were cleady supported by the evidence brought forward at the hearing and are consistent with the law of the State of Illinois and the Village of Mount Prospect. 7. All of the findings and decision of the Local Hearing Officer are approved and adopted by this Mayor and Board of Trustees and are made a part of this Decision on Appeal. 8. In addition to the foregoing, the Mayor and Board of Trustees find, based on their review of the record, as follows: A. Pursuant to Section 23.612, Maintaining Public Nuisance: Any building or dwelling used in the commission of offenses prohibited by 720 ILCS 5/11-14 of the Illinois Criminal Code (prostitution) ... is a public nuisance. B. Pursuant to Section 11.3401, Nuisances: No business, occupation or activity, whether licensed under this Code or not, shall be conducted or operated so as to constitute a nuisance or so as to amount to a nuisance in fact. C. An act of prostitution on any licensed premises, standing alone, is sufficient cause for revocation of the business license. D. The keeping of a place of prostitution, standing alone, is sufficient cause for revocation of this business license. E. Maintaining a nuisance in the form of prostitution, standing alone, is sufficient cause for revocation of this business license. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the appeal requesting reversal of the decision of the Local Hearing Officer by Elmhurst Accupressure License #17077 is denied, the license revocation is upheld and the business shall be closed no later than June 20, 2001 at 4:00 p.m. DATED: ~ zo ~, 2001 MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT Gerald L. Farley, May. et' 3