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(A) If the Liquor Commissioner finds that an applicant is not suitable for licensure, the Liquor Commissioner shall issue the applicant a notice of denial.
(B) The Liquor Commissioner shall serve notice on the applicant by personal service or U.S. certified mail and U.S. mail to the last known address of the applicant. Service shall be deemed to be complete four days after mailing.
(C) Should an applicant wish to contest the action the Liquor Commissioner has taken regarding his or her application, the applicant must submit a request for hearing to the Liquor Commissioner. A request for hearing must be made within ten days after receipt of notice of denial from the Liquor Commissioner. A request shall be deemed filed on the date on which it is postmarked. If a request for hearing is not filed within ten days after the receipt of notice from the Liquor Commissioner, then the notice of denial becomes the final order of the Liquor Commissioner denying the applicant's license application.
(D) All requests for hearing shall be in writing and shall include an original and one copy. The request shall contain the following:
(1) The name, current address and current telephone number of the applicant;
(2) Detailed reasons why and the facts upon which the applicant will rely to show that the applicant is suitable for licensure, including specific responses to any facts enumerated in the Illinois Gaming Board's notice of denial;
(3) The signature of the applicant.
(4) A verification of the request for hearing in the following form: The undersigned certifies that the statements set forth in this request are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true.
(5) The request must be notarized.
(1) The burden of proof is at all times on the applicant. The applicant shall have the affirmative responsibility of establishing by clear and convincing evidence that the applicant is suitable for licensing.
(2) All testimony shall be given under oath or affirmation.
(3) All testimony and oral proceedings shall be recorded stenographically or by such other means as to adequately ensure the preservation of such testimony or oral proceedings and shall be transcribed on request of any party. The stenographer or such other means as to adequately ensure the preservation of such testimony or oral proceedings shall be arranged by the village. The cost of the stenographer or such other means as to adequately ensure the preservation of such testimony or oral proceedings shall be paid by the applicant. The transcript shall be paid for by the requesting party.
(4) The Liquor Control Commissioner shall, within five business days after such hearing, render a written order including written findings of fact and conclusions of law on which the Liquor Commissioner's decision is based.
(5) Copies of the Liquor Commissioner's final order shall be served on the applicant by personal delivery, certified mail or overnight express mail to applicant's last known address.
(6) The Liquor Commissioner's final order shall become effective upon personal delivery to the applicant or upon posting by certified or overnight express mail to applicant's last known address.
(F) Sanctions and penalties.
(1) The Liquor Commissioner may impose sanctions and penalties if the Liquor Commissioner finds that a party has acted in bad faith, for the purpose of delay, or has otherwise abused the hearing process. Sanctions and penalties include, but are not limited to, default judgment or directed finding on one or more issues.
(2) If an applicant fails to testify on his or her own behalf with respect to any question propounded to him or her, the Liquor Commissioner may infer that such testimony or answer would have been adverse to the petitioner's case.
(3) Failure of an applicant to appear at a hearing or scheduled proceeding shall constitute an admission of all matters and facts contained in the notice of denial. In such cases the Liquor Commissioner may take action based upon that admission or upon any other evidence, including affidavits, without any further notice to the applicant.
(Ord. 2020-09-29, passed 9-21-2020)