A. Authority To Suspend Or Revoke License Or Impose A Fine: The commissioner, after conducting an administrative hearing, may revoke or suspend any license issued by him or impose a fine upon a licensee if he determines cause exists for such action by a preponderance of the evidence.
B. Complaints: Any resident(s) of the village may file a complaint with the chief of police stating any licensee has been or is violating the provisions of this chapter. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the chief of police is satisfied the complaint substantially charges a violation, he shall conduct an investigation. If, after conducting an investigation, the chief of police has reason to believe a violation did occur, he shall refer the matter to the commissioner who shall conduct a hearing to determine whether action should be taken against the licensee in accordance with this section.
C. Hearings And Rehearings: The following procedures shall apply to all hearings and rehearings for the suspension or revocation of licenses, or impositions of fines by the commissioner, or to review an order for an emergency closing, or a denial of a request for the issuance, transfer or renewal of a license:
1. All hearings shall be open to the public.
2. Except for hearings related to emergency closures, all licensees and persons charged with a violation pursuant to this chapter shall be given at least a three (3) day written notice of the proceeding affording the licensee or such person an opportunity to appear and defend. This notice provision may be waived by the licensee or other person so charged.
3. Notice of the hearing may be served by personal delivery to the person so charged, or the licensee or his manager, by certified mail to the known address of the licensee or person charged or to the licensee by posting on the licensed premises.
4. A certified official record of the proceedings shall be taken by a certified court reporter.
5. Irrelevant, immaterial, or unduly repetitious evidence may be excluded.
6. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be generally followed. However, evidence not admissible under such rules of evidence may be admitted if it is deemed reasonably reliable by the commissioner.
7. The commissioner shall reduce his findings to writing.
8. The commissioner shall, within five (5) days after such hearing, if he determines after such hearing the license should be revoked or suspended or 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 the license has been revoked, and shall serve a copy of such order within the five (5) days upon the licensee by regular mail to the licensee's or person's last known address, or to the licensed premises. Failure to follow this provision shall not constitute a jurisdictional defect and shall not impair the legal effect of or enforcement of an order issued by the commissioner within any reasonable time after the hearing.
9. In the event the liquor control commissioner shall find a person or a licensee guilty of violating any provision of this chapter, he may:
a. Levy a fine on the person or licensee for such violation. The fine imposed shall be in accordance with this code. 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 any licensee during any annual period of his license. Proceeds from such fines shall be paid into the general corporate fund.
b. In addition to any fine, order the suspension of any license for up to thirty (30) days. During any period of suspension, the licensee shall remove all alcoholic liquor from the premises or, with the written consent of the commissioner, conceal said alcoholic liquor from public view. The licensee shall also prominently display a sign provided by the commissioner which shall advise the public that the sale of alcohol is prohibited during the period of suspension.
c. In addition to any fine, order the revocation of the license. Unless specified otherwise, a revocation shall be entered as to the licensee only and not to the licensed premises.
d. In addition to or in lieu of any fine, suspension, or revocation, order the licensee to successfully complete an alcohol sales and service training program.
e. In addition to any fine, suspension, or revocation, order the licensee to pay reasonable attorney fees incurred by the village.
f. In addition to any fine, suspension, or revocation, order the licensee to pay reasonable costs incurred at the hearing, including court reporter fees and police personnel and inspector fees.
D. Provisions And Sanctions Are Additional: The aforesaid proceedings and sanctions imposed by the commissioner are not exclusive and shall be in addition to all other rights of prosecution, actions or remedies available to the village, state commission and the state.
E. Appeals To State: Any order or action of the 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 thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license may, within twenty (20) days after notice of such order or action, be appealed by any interested person or resident of the village to the state liquor commission subject to the following:
1. Except as provided in subsection E3 of this section, in any case where a licensee timely appeals to the state liquor commission from an order or action of the commissioner having the effect of suspending or revoking a license, or denying a renewal application, the licensee may continue the operation of the licensed business pending the decision of the state liquor commission and the expiration of the time allowed for an application for rehearing.
2. Except as provided in subsection E3 of this section, if an application for rehearing is filed, the licensee may continue the operation of the licensed business until the decision on rehearing.
3. In any case in which a licensee applies for a rehearing, or appeals to the state liquor commission on a suspension or revocation by the commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the provisions of subsections E1 and E2 of this section shall not apply, and the appeal or rehearing shall not stay the order of the commissioner. During the period of suspension or revocation or until the state liquor commission overturns the order of the commissioner and all rehearings have concluded, or if none, upon the expiration of the time allowed for an application for rehearing, the licensee shall remove all alcoholic liquor from the premises or, with the written consent of the commissioner, conceal said alcoholic liquor from public view. During said period, the licensee shall also prominently display a sign provided by the commissioner which shall advise the public that the sale of alcohol is prohibited.
An appeal of any decision of the commissioner shall be limited to a review of the official record of the proceedings.
4. A certified official record of the proceedings taken and prepared by a certified court reporter shall be filed by the commissioner within five (5) days after notice of the filing of such appeal, provided the appellant licensee pays for the cost of the transcript.
5. The state liquor commission shall review the propriety of the order or action of the commissioner subject only to consideration of the following questions:
a. Whether the commissioner has proceeded in a lawful manner.
b. Whether the order is supported by the findings.
c. Whether the findings are supported by substantial evidence in light of the whole record.
6. The only evidence which may be considered in the review shall be the evidence found in the certified official record of the proceedings of the commissioner. No new or additional evidence shall be admitted or considered. (Ord. 13-22, 6-4-2013)