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'
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