A. Suspension Or Revocation Of License: The Local Liquor Control Commissioner may, in accordance with the Liquor Control Act 1 , revoke or suspend any license issued under the provisions of this chapter if he determines that the licensee has violated any of the provisions of the Liquor Control Act, this chapter or any other ordinance or resolution enacted by the Corporate Authorities of the Village, or any applicable rules or regulations established by the Local Liquor Control Commissioner or the Illinois Liquor Control Commission, or any State and/or Federal Statute which is not inconsistent with this chapter.
B. Fine In Lieu Of Suspension Or Revocation: In lieu of suspension or revocation of a local license, the Local Liquor Control Commissioner may instead levy a fine on the licensee. The fine imposed shall not exceed one thousand dollars ($1,000.00) for each violation. Each day on which a violation continues shall constitute a separate violation. Not more than ten thousand dollars ($10,000.00) in fines may be imposed against any licensee during any license year.
C. Immediate Closure Of Business: If the Local Liquor Control Commissioner 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 reasons or 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 the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to such other business.
D. Public Hearing: No such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the Local Liquor Control Commissioner with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend the charges contained in such notice. The three (3) day notice provisions shall begin the day following delivery by certified or registered mail or by personal service.
E. Decisions: The Local Liquor Control Commissioner shall, within five (5) days after such hearing, if he determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason 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 and serve a copy of such order within the five (5) days upon the licensee.
Review of the decisions of the local liquor control commissioner shall be as provided for in 235 Illinois Compiled Statutes 5/7-14 for home rule municipalities and shall be limited to a review of the official record of the local liquor control commissioner.
F. Costs:
1. Costs Of Hearing: Any licensee determined by the local liquor control commissioner to have violated any of the provisions of the liquor control act, or any ordinance or resolution of the village, or any rule or regulation established by the local liquor control commissioner, or the Illinois liquor control commission, shall pay to the village the costs of the hearing before the local liquor control commissioner on such violation. The local liquor control commissioner shall determine the costs incurred by the village for said hearing, including, but not limited to: court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the local liquor control commissioner may allow.
2. Payment: The licensee shall pay said costs to the village within thirty (30) days of notification of the costs by the local liquor control commissioner. Failure to pay said costs within thirty (30) days of notification is a violation of this section and may be cause for license suspension or revocation, or the levy of a fine.
3. Appeal: In the event of an appeal to the Illinois liquor control commission, and in cases where the appeal is taken pursuant to the administrative review act 2 , payment is due forty (40) days after the entry of an order finally affirming the determination of the local liquor control commissioner.
G. Effect Of License Revocation: When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of one year thereafter for the conduct of the business of selling alcoholic liquor at retail in the premises described in such revoked license. (1998 Code)
Notes
| 1 | 1. 235 ILCS. |
| 2 | 1. 735 ILCS 5/3-1-1 et seq. |