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HomeMy WebLinkAboutORDINANCE - 3151 - 12/11/2007 - MASSAGE EST/REVOCATION/SUSPENSION OF IICENSEORDINANCE NO. 3151 AN ORDINANCE AMENDING CHAPTER 21 MASSAGE ESTABLISHMENTS OF TITLE 3 OF THE ELK GROVE VILLAGE CODE BY AMENDING PROVISIONS WITH RESPECT TO THE LICENSE -REVIEW COMMISSION AND PROCEDURES FOR THE REVOCATION OR SUSPENSION OF THE LICENSE WHEREAS, the Village, pursuant to Ordinance 2662 duly passed and approved on September 22, 1998, established regulations for the licensing of massage establishments; and WHEREAS, certain of the provisions established by said Ordinance, including the License Review Committee and the procedures for the suspending and revoking of the license have been deemed inconsistent with more recently adopted Ordinances concerning similar matters of enforcement; and WHEREAS, at the recommendation of the Village Attorney, the Mayor and Board of Trustees find and believe that it is in the best interest of the Village to maintain a degree of consistency in enforcement matters and amend the licensing provisions of Chapter 1 of Title 3 of the Municipal Code accordingly. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Section 3-21-1 Definitions of Chapter 21 Massagc Establishments of Title 3 of the Elk Grove Village Code as it pertains to the License Review Committee be and the same is hereby amended to read as follows: License Review Commission The License Review Commission shall consist of the Mayor as the License Review Commissioner and two (2) Trustees appointed by the Mayor as sub -commission members. It shall be the duty of the sub- commission members to assist the Commissioner in the exercise of the powers and the performance of the duties of the Commissioner. Final authority for decisions concerning the license shall remain exclusively with the License Review Commissioner. Section 2: That Section 3-21-6 Revocation or Suspension of License be and the same is hereby amended to read as follows: 3-21-6 Revocation or Suspension of License Any license for a massage establishment may be suspended by the Village Manager for up to thirty (30) days where the licensee has violated any of the provisions of this Chapter or if any employee of the licensed establishment is engaged in conduct at the establishment which violates any provision of this Chapter or any applicable State law. Such license may also be suspended where any applicant has made a false statement on an application for a license under this Chapter or in any case where the licensee refused to permit any duly authorized police officer or inspector of the Village to inspect the premises or the operations therein. Such license may also be suspended by the Village Manager, upon the recommendation of the health officer, that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene. The Manager may include in his Order of Suspension a request that a hearing be held before the License Review Commissioner for the purpose of considering the revocation of the license. Should the Notice of Suspension include a Request for Revocation, a hearing date before the Commission shall be set by the Commissioner, which hearing shall be held no later than thirty (30) days from the date of the Notice of Suspension. The license holder may request a hearing, in writing, before the License Review Commission to appeal any Order of Suspension. Upon receipt by the Commission of a request for a hearing, the Order of Suspension shall be stayed. The License Review Commission shall conduct the requested hearing and hear all relevant evidence relating to the Notice of Suspension and/or Request for Revocation. The License Review Commissioner shall render a written decision within five (5) days rescinding the suspension, affirming the suspension, revoking the license or such other Findings and Order as the Commissioner deems appropriate including a'reduction or increase in the amount of days suspended and an assessment of fees. Section 3: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 4: That this Ordinance shall be in full force and effect immediately upon its passage, approval and publication in pamphlet form. VOTE: NAYS: 6 NAYS: 0 ABSENT: 0 PASSED this 11`h day of December 2007. APPROVED this 111h day of December 2007. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk C r i:nais rmmis;ior.do, .