§ 216-21. Noncompliance; closing of premises; hearings.

A. 

When a violation of this Article has been determined by the persons responsible for enforcement of the same, on the grounds of failure of compliance with its terms, a notice shall be sent by certified mail to the licensee at the address of the licensed premises requiring compliance within five days. Notice shall set forth the requirements for compliance, and a copy of such shall be filed with the Borough Clerk.

B. 

Failure of the licensee to respond to the notice within the five-day period shall constitute grounds for revocation of the license. Upon revocation of the license, the Police Department shall post a sign in public view declaring the premises closed for failure to comply with this article.

C. 

When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the Chief of Police or Swimming Pool Inspector shall have the authority to summarily order the cessation of business and close the premises or suspend or revoke the license. A sign shall be posted on the licensed premises as set forth in Subsection B of this section.

D. 

Upon written request by the licensee, his agent or employee, before expiration of the five-day notice or within 10 days of action taken pursuant to Subsection C above, the Mayor shall order a hearing before the Borough Council. Notice of such hearing shall be given to the licensee.

E. 

Upon termination of the hearing, the Borough Council shall render its decision by resolution and may suspend or revoke the license or take such other action as shall be in the interest of the public's health, welfare and safety.

F. 

No revocation or suspension of the license shall bar or prevent criminal prosecution for each and every violation of this article. No fee paid under this article shall be returnable in whole or part as the result of any suspension or revocation.