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A. Upon application being filed with the city clerk, and upon payment of an investigation fee in the amount as now or hereafter may be required by this chapter, the local liquor control commissioner may issue a license to the purchaser of an established licensed business as a going concern. In case the business sold, or proposed to be sold, has in fact no goodwill or other value as a going concern, in addition to the value of its physical assets, such application shall be rejected. Any such sale shall include all furniture, fixtures, and equipment used in such business or on such premises or place of business for sale, offering for sale or dispensing of alcoholic liquor.
B. Such application must be for exactly the same class of license as that held by the seller, and such application shall be only for the same location as the previously licensed business.
C. Any such purchaser shall make application for the issuance of a new license thereto, and in such application, he shall state the actual facts in respect to his purchase of such business. Such application must be accompanied by a letter, signed and notarized by the current licensee, evidencing his intent to relinquish his license, should the applicant's request for a license be granted. The applicant shall also complete an application blank and furnish the information and make the statements required of any other licensee under this chapter.
D. Such application shall be investigated and approved or rejected as in the case of applications for an original license, and if approved, a license shall be issued to such purchaser, and the license of the prior licensee terminated upon payment to the city clerk of the license fee then due. Such license fee, if received after commencement of any semiannual period, shall be prorated to include the month in which said license is issued.
E. Upon prior application after approval of the transfer of the license and payment of the license fee by the purchaser of said established business, the holder of an expiring license may make application, within sixty (60) days of the issuance of the new license, for refund of that portion of the annual or semiannual license fee paid. No refund shall be paid for the month within which the new license is issued, nor shall any refund be made of more than nine (9) months in any annual period or for more than three (3) months in any semiannual period. (Ord. 06-87, 11-2-1987)
The following fees will accompany applications authorized by this chapter:
A. Nonrefundable fees:
1. Original application: Fifty dollars ($50.00).
2. Renewal application: Fifteen dollars ($15.00). (Ord. 06-87, 11-2-1987)
B. Application for license: Five hundred forty dollars ($540.00).
C. Annual renewal of license: Five hundred forty dollars ($540.00).
D. Application for change of location: Forty dollars ($40.00).
E. Background investigation of a manager or new partner: One hundred fifty dollars ($150.00).
F. Transfer of licensed business from one form of ownership to another or new partner (if no background investigation needed): Forty dollars ($40.00).
G. Late payment: Fifty dollars ($50.00).
H. Duplicate license certificate: Fifteen dollars ($15.00).
I. Each pool table/coin/bill operated amusement machine: Fifty dollars ($50.00). (Ord. 01-2002, 4-8-2002)
J. Beer garden license: Twenty five dollars ($25.00). (Ord. 02-2012, 3-12-2012)
K. Administrative fee: Fifty dollars ($50.00). (Ord. 06-87, 11-2-1987)
In all cases where, in the opinion of the mayor, or if the mayor is unavailable, the acting mayor, the public peace or the safety of any person is likely to be endangered by the keeping open of such places where intoxicating liquor is sold at retail or dispensed, it shall be lawful for the mayor or acting mayor, without a hearing, to close such place or places. Such closing shall be by proclamation under the seal of the city. Such proclamation shall state the reasons for such closing, commanding and enjoining any or all persons so licensed by the city, and their servants and agents, to neither sell, give away, nor suffer to be consumed any alcoholic liquors in or about their premises during the time mentioned in said proclamation or order. In any event, no such emergency order shall be valid beyond seven (7) days without a hearing granted to any affected licensee. The chief of police may order, at his discretion, a licensed premises to be closed without hearing for a period of twenty four (24) hours if the premises constitutes a crime scene and such closing could prevent the loss or destruction of evidence and facilitate a police investigation, or if the premises was the scene of a violent disturbance involving injury or threat to citizens or the use of firearms. Such closing and the reasons therefor will be documented by the chief of police and a report submitted to the mayor. (Ord. 06-87, 11-2-1987)
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)
In all prosecutions or commission hearings held under this chapter, it shall not be necessary to show the knowledge of the principal to hold him responsible for the acts of any agent or servant. Every act or omission of any nature constituting a violation of any of the provisions of this chapter by an officer, director, manager, agent or employee of any licensee shall be deemed and held to be the act of the licensee, and said licensee shall be punishable in the same manner as if such acts or omissions had been done or omitted by him personally. In all cases, persons to whom intoxicating liquors shall be sold in violation of the provisions of this chapter shall be competent witnesses. (Ord. 06-87, 11-2-1987)
Unless specifically provided elsewhere in this chapter, any person, firm or corporation violating any provision of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues or for each separate violation occurring on the same day. This penalty is in addition to, not in lieu of, any administrative action taken by the local liquor control commissioner. (Ord. 06-87, 11-2-1987; amd. 2017 Code)