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HomeMy WebLinkAboutOrd 3905 03/01/1988ORDINANCE NO. 3905 AN ORDINANCE TO AMEND ARTICLE X ENTITLED "FOOD AND BEVERAGE TAX" OF CHAPTER 8 OF THE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 1st DAY OF March , 1988. Published in pamphlet form by authority of the corporate authorlties of the Village of Mount Prospect, Illinois, the 2nd day of March , 1988. ORDINANCE NO. 3gO~ AN ORDINANCE TO AMEND ARTICLE X ENTITLED "FOOD AND BEVERAGE TAX" OF CHAPTER 8 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Artzcle X entztled "Food and Beverage Tax" of Chapter 8 of the Vzllage Code of Mount Prospect, Illznozs, zs hereby amended as follows: (A) By amending Sectzon 8.10.8 to read as follows: ENFORCEMENT Lzcenae Suspenszon, Revocatzon. Payment and collectzon of sazd tax and any late payment penalty may be enforced by actzon zn any court of competent jur~sdzctzon and fazlure to collect, account for and pay over sa~d tax and any payment penalty shall be cause for suspension or revocatzon of any V~llage lzcense zssued for such Prepared Food Faczl~ty or Alcoholzc Lzquor Faczlzty applicable to the premzses thereof, all ~n add~tzon to any other penaltzes zn thzs ordznance. Such suspenszon and revocation shall take place as follows: The V~llage Manager or hzs deszgnate shall not~fy the lzcensee zn wrztzng that zf all vzolatzons of these provzszons are not cured wzthzn 72 hours, that such lzeense shall be suspended for a perzod of 30 days or untzl all vzolatzona are cured, whzcheve~ comes fzrst. If ail vzolat~ons are not cured w~thzn the ~0 day tzme perzod, the lzcense shall be automatzcally revoked and may be reznstated only upon all vzolatzons bezng cured and upon the applzcant proceedzng as zf a new lzcense were bezng sought. The lzcensee shall have seventy-two hours from the tzme 6f the recezpt of the aforesazd notzce to appeal thzs suspenszon. In ~e case of a lzcensee possesazng a buszness lzcense for prepared food only, sazd appeal shall be to the Vzllage Manager. In the case of a lzcensee holdzng a lzquor lzcense, sazd appeal shall be to the local Lzquor Control Commzsszoner. A hearzng shall be had on the appeal wzthzn 10 days of the fzlzng of the request for appeal. The only zssue to be determzned by the off~czal hearzng the appeal zs whether or not vzolatzons of these provzszons have occurred. If the offzczal hearzng the appeal zs convznced by a preponderance of the evzdence that a vzolatzon has occurred, then the suapenszon and revocatzon portzons of thzs enforcement sectzon shall be mandatory. No stays may be zssued pendzng an appeal and no extenszons of tzme may be granted as a result on an appeal. B) By amending Section 8.10.9 to read as follows: PENALTY Any person found guilty of operaLzng a Prepared Food Facility or an Alcoholic Liquor Facility within the Village after being given notice of an order of suspension or revocation, shall pay mandatory fine of not less than $200 per day. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in accordance with law. PASSED and APPROVED this 1st day of March , 1988. AYES: Farley, Floros, Van Geem, Krause NAYS: Wattenbe rg ABSENT: Arthur, Murauskis V::~- lage President ATTEST; Village Clerk -2-