The Liquor Commissioner may revoke or suspend any license issued by him or her if he or she determines that the licensee has violated any of the provisions of the state’s Liquor Control Act being 235 ILCS 5/1-1 et seq., any valid ordinance adopted by the municipality, any applicable rule or regulation established by the Liquor Commissioner or the State Commission which is not inconsistent with law.
(A) Fine as opposed to suspension or revocation. In addition to the suspension, the Local Liquor Control Commissioner in any county or municipality may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for a first violation within a 12-month period, $1,500 for a second violation within a 12-month period, and $2,500 for a third or subsequent violation within a 12-month period. Each day on which a violation continues shall constitute a separate violation. Not more than $15,000 in fines under this section may be imposed against any licensee during the period of his or her license. Proceeds from such fines shall be paid into the General Corporate Fund of the municipal treasury.
(B) Notice. 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-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 Liquor Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Liquor Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he or she 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 days, giving the licensee an 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.
(C) Hearing. The Liquor Commissioner shall, within five days after such hearing, if he or she determines, after such hearing, that the license should be revoked or suspended, state the reason or reasons for such determination in a written order of revocation or suspension and shall serve a copy of such order within the five days upon the license. The findings of the Commissioner shall be predicted upon competent evidence.
(Prior Code, § 21-4-10)
Statutory reference:
Related provisions, see Pub. Act No. 89-0063 and 235 ILCS 5/7-5