A. Suspension Or Revocation: The mayor may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of the Illinois liquor control act or of any valid ordinance or resolution enacted by the city of Alton or any applicable rule or regulations established by the local liquor commissioner of the city of Alton or the state commission which is not inconsistent with law.
B. Fines: In addition to a suspension, the mayor may levy a fine on the licensee for such violations as are established. The fine imposed shall not exceed one thousand dollars ($1,000.00) for the first violation within a twelve (12) month period; one thousand five hundred dollars ($1,500.00) for a second violation within a twelve (12) month period; and two thousand five hundred dollars ($2,500.00) for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines under this section may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund of the city of Alton.
C. Hearing: No such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the mayor with not less than a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the mayor shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the mayor has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
D. Decision: The mayor shall, within five (5) business days after such hearing, if he determines after such hearing that the license should be suspended or revoked or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked shall be clearly set forth, and the mayor shall cause to be served a copy of such order within the five (5) days upon the licensee or the licensee's employee or agent found upon the premises of the license.
E. Appeal: The licensee, after the receipt of such order of fine, suspension or revocation, shall have the privilege within a period of twenty (20) days after the receipt of notice of such order of fine, suspension or revocation, of appealing the order to the state liquor control commission for a decision sustaining, reversing or modifying the order of the mayor. In any case where a licensee appeals to the state liquor control commission from an order or action of the mayor having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee may resume the operation of the licensed business pending the decision of the state liquor control commission and the expiration of the time allowed for an application for rehearing. If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application, or, if the rehearing is granted, until the decision on the rehearing. In any case in which a licensee appeals to the state liquor license commission, a suspension or revocation by the mayor that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the licensee shall consider the suspension or revocation to be in effect as ordered by the mayor until a reversal of the mayor's action has been issued by the state liquor control commission and the licensee shall cease all activity otherwise authorized by the license from the city of Alton. The appeal to the state liquor control commission shall be limited to a review of the official record of the proceedings before the mayor. A certified official record of the proceedings taken before the mayor shall be prepared by a certified court reporter or certified shorthand reporter and shall be filed by the local liquor control commissioner within five (5) days after notice of the filing of such an appeal, if the appellant licensee pays for the cost of the transcript, or within two (2) days following receipt of the transcript from the certified court reporter or certified shorthand reporter if not received from the certified court reporter or certified shorthand reporter within five (5) days of the notice of the filing of such appeal.
F. Appellate Procedure: The rules and procedures to be followed in the event of an appeal to the state liquor control commission of an order of the mayor of the city of Alton shall be in accordance with the rules, regulations and procedures of the state of Illinois liquor control commission and the statutes of the state of Illinois. (Ord. 7090, 8-13-2008)