A. Authority To Revoke, Suspend Or Fine: The local liquor control commissioner may revoke or suspend for not more than thirty (30) days any license issued by him, and in addition may fine any licensee, if he determines that the licensee has violated any of the provisions of the liquor control act, any valid ordinance or resolution enacted by the Corporate Authorities or any applicable rule or regulation established by the local liquor control commissioner. The fine imposed shall not 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, and 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 subsection may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund.
B. Hearing: However, no such license shall be so revoked or suspended 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 an opportunity to appear and defend. All such hearings shall be open to the public, and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, 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 an opportunity to be heard during that period; except, that if the 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.
C. Local Liquor Control Commissioner Determination: 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.
D. Appeals To State Commission: The licensee, after the receipt of such order of suspension or revocation, shall have the privilege, within a period of twenty (20) days after the receipt of such order of suspension or revocation, of appealing the order to the state commission for a decision sustaining, reversing or modifying the order of the local liquor control commissioner. If the state commission affirms the local commissioner's order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued until the local commissioner's order is terminated by its own provisions or reversed upon rehearing or by the courts. (2016 Code; amd. Ord. O-19-14, 8-20-2019; amd. Ord. O-20-10, 6-2-2020; Ord. O-21-02, 4-8-2021)