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
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