Loading...
2011-0408- 3 -20 =14 Ll ORDINANCE NO. 2011- 40 0 AN ORDINANCE AMENDING CHAPTER 1. 12, SUSPENSION AND REVOCATION OF LICENSES AND PERMITS, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, pursuant to its home rule authority, as follows: Section 1. Sections 1.12.020 and 1.12.030 of the Village of Buffalo Grove Municipal Code are hereby amended to read as follows: 1.12.020- Suspension. A. When the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, 1. shall constitute a nuisance or a clear and present danger to the public health, safety or general welfare, or 2. where the holder of any license or permit shall have refused to allow an inspection of the license or permit holder's premises, or 3. where the holder of any license or permit has refused a sample of the license or permit holder's goods for testing, or 4. where there has been a violation of the licensing provisions, or 5. where there has been a violation of the zoning regulations or management and safety plan pertaining to the premises, then the Village Manager, or designated representative, shall have the authority to summarily order the cessation of business and the closing of the premises and the suspension of the license or permit for a period not exceeding ten days. B. Within five days after1he Village Manager has so acted, the Village Manager or designated representative shall call a hearing for the purpose of determining whether or not the license should be revoked. 1.12.030- Revocation. A. Licenses and permits issued by the Village may be revoked by the Village President after notice and hearing as provided in this Chapter for any of the following causes: 1 ® 0 1. Any fraud, misrepresentation, or false statement contained in the application for the license; 2. Any violation by the licensee of the provisions relating to the license, the subject matter of the license, or to the premises occupied; 3. Conviction of the licensee of any felony or of a misdemeanor when such conviction indicates an inability to operate a safe, hones or legitimate business operation; 4. Failure of the licensee to pay any fine or penalty owing to the Village. 5. Failure of the licensee to pay any amount owing to the Village, other than a fine or a penalty, within one hundred and twenty days of its due date. 6. Refusal to permit inspection or investigation or, take sample or interference with an authorized Village officer or employee while in making inspection or investigations; 7. When the conduct of the business constitutes a nuisance or a clear and present danger to the public health, safety or general welfare; 8. Any violation of the zoning regulations or management and safety plan pertaining to the premises; or 9. For other good and sufficient cause. B. Any revocation shall not preclude prosecution and imposition of any other penalties for the violation of other Village ordinances. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 0 — None PASSED: August 8, 2011 APPROVED: August 8, 2011: ATTEST: illage Clerk 2 I I STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on August 6, 2011, the Corporate Authorities of the Village passed and approved Ordinance No. 2011 -40, AN ORDINANCE AMENDING CHAPTER 1.12, SUSPENSION AND REVOCATION OF LICENSES AND PERMITS OF THE BUFFALO GROVE MUNICIPAL CODE was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on August 7, 2011 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk: Dated at Buffalo Grove, Illinois, this 7th` day of August, 2011. V' ge Clerk By s. 8 -3 -2011 ORDINANCE NO. 2011- 40 AN ORDINANCE AMENDING CHAPTER 1. 12, SUSPENSION AND REVOCATION OF LICENSES AND PERMITS, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, pursuant to its home rule authority, as follows: Section 1. Sections 1. 12.020 and 1. 12.030 of the Village of Buffalo Grove Municipal Code are hereby amended to read as follows: 1.12.020- Suspension. A. When the conduct or operation of any business, occupation, activity or establishment, whether licensed or unlicensed, 1. shall constitute a nuisance or a clear and present danger to the public health, safety or general welfare, or 2. where the holder of any license or permit shall have refused to allow an inspection of the license or permit holder's premises, or 3. where the holder of any license or permit has refused a sample of the license or permit holder's goods for testing, or 4. where there has been a violation of the licensing provisions, or 5. where there has been a violation of the zoning regulations or management and safety plan pertaining to the premises, then the Village Manager, or designated representative, shall have the authority to summarily order the cessation of business and the closing of the premises and the suspension of the license or permit for a period not exceeding ten days. B. Within five days after the Village Manager has so acted, the Village Manager or designated representative shall call a hearing for the purpose of determining whether or not the license should be revoked. 1.12.030- Revocation. A. Licenses and permits issued by the Village may be revoked by the Village President after notice and hearing as provided in this Chapter for any of the following. causes: I . Any fraud, misrepresentation, or false statement contained in the application for the license; 2. Any violation by the licensee of the provisions relating to the license, the subject matter of the license, or to the premises occupied; 3. Conviction of the licensee of any felony or of a misdemeanor when such conviction indicates an inability to operate a safe, hones or legitimate business operation; 4. Failure of the licensee to pay any fine or penalty owing to the Village. 5. Failure of the licensee to pay any amount owing to the Village, other than a fine or a penalty, within one hundred and twenty days of its due date. 6. Refusal to permit inspection or investigation or, take sample or interference with an authorized Village officer or employee while in making inspection or investigations; 7. When the conduct of the business constitutes a nuisance or a clear and present danger to the public health, safety or general welfare; 8. Any violation of the zoning regulations or management and safety plan pertaining to the premises; or 9. For other good and sufficient cause. B. Any revocation shall not preclude prosecution and imposition of any other penalties for the violation of other Village ordinances. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS:. 0 — None ABSENT: 0 — None PASSED: August 8, 2011 APPROVED: August 8, 2011: ATTEST: Village Clerk 01