(A) Owner of premises permitting violation. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of the premises, or the agent of the owner or person shall knowingly permit the licensee to use the licensed premises in violation of the terms of this code, the owner, agent or other person shall be deemed guilty of a violation of this code to the same extent as the licensee and be subject to the same punishment.
(2001 Code, § 21-4-1)
(B) Acts of agent or employee; liability; knowledge. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this code by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done or omitted by him or her personally.
(2001 Code, § 21-4-2)
(C) Revocation of license after conviction. Whenever any licensee shall be convicted of any violation of this code, the license of the licensee may, in the discretion of the Mayor, be revoked and forfeited and all fees paid thereon shall be forfeited, and it shall thereafter be unlawful and shall constitute a further violation of this code for the licensee to continue to operate under the license.
(2001 Code, § 21-4-3)
(D) Revocation of license when employee convicted. Whenever any officer, director, manager or other employee in a position of authority of any licensee under this code shall be convicted of any violation of this code while engaged in the course of his or her employment or while upon the premises described by the license, the license shall be revoked and the fees paid thereon forfeited, both as to the holder of the license and as to the premises, as if the licensee had himself or herself been convicted.
(2001 Code, § 21-4-4)
(E) Misbranding. Any person who shall knowingly possess, sell or in any way dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of the alcoholic liquor, or who shall cause any such act to be done, shall forfeit the alcoholic liquor and the packages and containers to the state and shall be subject to the punishment and penalties provided for violation of this code.
(2001 Code, § 21-4-5)
(F) Abatement of place used in violation. Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this code, is hereby declared to be a public nuisance and shall be abated as provided by the laws of this state for the abatement of public nuisances.
(2001 Code, § 21-4-6)
(G) Use of premises for one year after revocation. When any license has been revoked for any cause, no license shall be granted for the same premises for a period of one year thereafter.
(2001 Code, § 21-4-7)
(H) Revocation of licenses. The Local Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses granted under this code:
(1) In addition to and not limited by the specific penalties set out for violations of specific articles of this code, the Local Liquor Control Commissioner may suspend for 30 days or revoke any liquor license issued under this code for violation of any state law pertaining to the sale of alcoholic liquors by any licensee, his or her agent, servant or employee;
(2) To suspend or revoke any liquor license if the licensee makes any false statement or misrepresentation in the application for a license;
(3) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this code or any rules or regulations adopted by him or her or by the State Commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
(4) To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act or a foreign corporation functioning as a club in this state under a certificate of authority issued under that Act has violated this code by selling or offering for sale at retail alcoholic liquors without a retailer's license;
(5) To receive complaint from any citizen within his or her jurisdiction that any of the provisions of this Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon the complaints in the manner hereinafter provided; and
(6) The Local Liquor Control Commissioner shall also have the power to levy fines in accordance with § 111.99 below.
(2001 Code, § 21-4-8)
(I) Complaint by residents.
(1) Any one resident of the municipality shall have the right to file a complaint with the Liquor Commissioner, stating that a licensee under this code has been or is violating the provisions of this code or any amendments hereto, or of any of the statutes of this state, enacted with reference to the control of liquor. The complaint shall be made in writing and shall be signed and sworn to by the parties complaining.
(2) The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which the belief is based. If the Liquor Commissioner is satisfied that the complaint substantially charges a violation, and that from the facts alleged, there is reasonable cause for the belief, he or she shall set the matter for hearing, and shall serve notice upon the licensee of the time and place of the hearing and of the particular charges in the complaint.
(2001 Code, § 21-4-9)
(J) Appeals from order of Liquor Commissioner.
(1) Except as provided in this section, any order or action of a Local Liquor Control Commissioner levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than 30 days to grant a hearing upon a complaint to revoke or suspend a license may, within 20 days after notice of the order or action, be appealed by any resident of the municipality under the jurisdiction of the Liquor Commissioner or any person interested, to the State Commission.
(2) In any case where a licensee appeals to the State Commission from an order or action of the Liquor Commissioner having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the State 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 rehearing.
(2001 Code, § 21-4-11)
(K) Subsequent violations in a year.
(1) In any case in which a licensee appeals to the State Commission a suspension or revocation by a Local Liquor Control Commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding 12-month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the Liquor Commissioner's action has been issued by the State Commission and shall cease all activity otherwise authorized by the license.
(2) The State Commission shall expedite, to the greatest extent possible, its consideration of any appeal that is an appeal of a second or subsequent suspension or revocation within the past 12-month period.
(2001 Code, § 21-4-12)
(L) Appeal limitations for subsequent violation. Any appeal of the decision and findings of the Liquor Commissioner in division (K) above shall be limited to a review of the official record of the proceedings of the Liquor Commissioner. The official record shall be a "certified official record" of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter. A copy of this record shall be filed by the Liquor Commissioner within five days after notice of the filing of the appeal is received by the municipality from State Commission:
(1) If the appellant pays for the cost of the transcript, the State Commission shall review the propriety of the order or action of the Liquor Control Commissioner and shall consider the following questions:
(a) Whether the Liquor Commissioner has proceeded in a manner provided by law;
(b) Whether the order is supported by the findings;
(c) Whether the findings are supported by substantial evidence in light of the record.
(2) The only evidence which may be considered in the review shall be the evidence found in the certified official record of the proceeding of the Liquor Commissioner. No new or additional evidence shall be admitted or considered. The State Commissioner shall render a decision affirming, reversing or modifying the order or action review within 30 days after the appeal was heard.
(2001 Code, § 21-4-13) Penalty, see § 111.99
Statutory reference:
Similar provisions, see ILCS Ch. 235, Act 5, §§ 4-4, 7-5, 7-7, 7-9, 7-13, and 10-2 through 10-7