The village president, as local liquor control commissioner, may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of the liquor control act of 1934 1 incorporated in this chapter as section 3-3-1-5/1-2, 3-3-1-5/1-3, 3-3-1-5/1-3.01 through 5/1-3.36 inclusive, 3-3-1-5/2-1, 3-3-1-5/4-1 through 5/4-7 inclusive, 3-3-1-5/5-1, 3-3-1-5/5-2, 3-3-1-5/6-1 through 5/6-5 inclusive, 3-3-1-5/6-10 through 5/6-35 inclusive, 3-3-1-5/7-1 through 5/7-7 inclusive, 3-3-1-5/7-9 through 5/7-14 inclusive, 3-3-1-5/8-14, 3-3-1-5/10-1 through 5/10-10 inclusive; the video gaming act 1 incorporated in this chapter as section 3-3-1-40/1 through 3-3-1-40/85; the rules of the Illinois gaming board2 incorporated in this chapter as section 3-3-1-1800.110 through 3-3-1-1800.1110 inclusive; and/or violated sections 3-3-3, 3-3-16, 3-3-17, 3-3-18, 3-3-19 of this chapter, or chapter 31 of this title; or if he determines the licensee has failed to conduct the business at the licensed premises in the manner consistent with the statement and representations made on the licensee's application for a liquor license; or if he determines the licensee has permitted the business on the licensed premises to be conducted in a manner inconsistent with the representations in the licensee's application for a liquor license; or if he determines the licensee has permitted any violation of any state video gaming laws, rules or regulations; or the violation of any federal law, other state law or ordinances of the village. No such license shall be revoked or suspended for more than thirty (30) days 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 opportunity to appear and defend. The local liquor control commissioner may also levy a fine only or a fine in addition to a suspension not to exceed one thousand dollars ($1,000.00) for a 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; 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 a licensee during the period of his, her or its license. Proceeds of such fines shall be paid into the general corporate fund of the village.
If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will in any way threaten the welfare of the village, 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 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.
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 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, and shall serve a copy of such order within the five (5) days upon the licensee. The licensee shall have the privilege, within a period of twenty (20) days after the receipt of such order of fine, suspension or revocation, of appealing the order to the Illinois liquor control commission and upon the filing of such an appeal by the licensee, the Illinois liquor control commission shall determine the appeal upon the certified record of proceedings of the local liquor control commissioner in accordance with state law. (Ord. 2013-80, 10-15-2013)
Notes
| 1 | 1. 235 ILCS 5/1-1 et seq. (as amended). |
| 1 | 1. 230 ILCS 40/1 et seq. (as amended). |