A. Hearings:
1. Except in the case of any emergency closing as provided in section 2-1-27 of this chapter, a licensee shall be entitled to a hearing before the local liquor control commissioner before a licensed business is closed, or a license is revoked or suspended, or a transfer or renewal denied for cause. But in any case, the licensee shall receive a copy of the order of the commissioner which shall give reasons for any action taken by the commissioner. No hearing may convene, over the objection of the licensee, with less than three (3) days' written notice of such hearing.
2. At any hearing, irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this state shall be followed. However, evidence not admissible under such rules of evidence may be admitted if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced, any part of the evidence may be received in written form. Subject to the evidentiary requirement of this section, a party may conduct cross examination required for a full and fair disclosure of the facts. (Ord. 06-87, 11-2-1987)
B. Findings Of Fact And Order: Within five (5) working days following a hearing, the local liquor control commissioner shall receive findings of fact and recommendations from the state liquor commission and issue and serve an order. Failure to meet this schedule shall not constitute a jurisdictional defect, and an order may be issued by the commissioner within any reasonable time. (Ord. 06-87, 11-2-1987; amd. 2017 Code)
C. Costs:
1. In the event that the local liquor control commissioner shall find a licensee guilty of violating any provision of this chapter, he may order the licensee to pay to the city any one or more of the following:
a. A fine not to exceed one hundred dollars ($100.00) for each violation;
b. Reasonable attorney fees incurred by the city and/or the local liquor control commissioner; and
c. Reasonable costs, including court reporter fees, incurred at the hearing.
2. The aforesaid remedies shall be in addition to all other remedies and penalties available to the city or the local liquor control commissioner, both at law or in equity and not in lieu thereof.
3. Any penalties, costs or fees assessed under this section shall be payable upon the order of the commissioner unless notice of appeal has been filed by the licensee, in which case, payment is stayed until the final decision of the Illinois liquor control commission.
D. Appeal: Whenever any order or action of the local liquor control commissioner granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license is appealed to the state liquor control commission, the appeal shall be limited to a review of the official record of the proceedings of the local liquor control commissioner.
E Places Used In Violation; Nuisance Declared And Abated: Every lot, parcel or tract of land, and every building, structure, establishment or place whatsoever, together with all furniture, fixtures, and ornaments located thereon, wherein there shall be conducted any unlawful distribution or 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 chapter, or a place used for purposes of lewdness, assignation, or prostitution, or premises which is detrimental to the peace and well being of the neighborhood, is hereby declared to be a public nuisance and shall be abated and may be enjoined as provided by the laws of this state for the abatement of public nuisances. (Ord. 06-87, 11-2-1987)