1. The local liquor control commission, as created by this chapter, shall have the following powers, functions and duties with respect to licenses granted under this chapter:
a. In addition to and not limited by the specific penalties set out for violations of specific provisions of this chapter, the local liquor control commission may suspend for not more than thirty (30) days or revoke any liquor license issued under this chapter for a violation of any state law pertaining to the sale of alcoholic liquors by any licensee, his agent, servant or employee.
b. To suspend or revoke any local liquor license if the licensee makes any false statement or misrepresentation in the application for a license.
c. To enter or authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or any rules or regulations adopted by him or by the state commission have been or are being violated and, at such time, to examine said premises of said licensee in connection therewith.
d. To notify the secretary of state where a club incorporated under the general not for profit corporation act or a foreign corporation functioning as a club in this state under a certificate of authority issued under that act has violated this chapter by selling or offering for sale at retail alcoholic liquors without a retailer's license.
e. To receive complaints from any citizen within his jurisdiction that any of the provisions of the state liquor control act of 1934 or any rules or regulations of this chapter have been or are being violated and to act upon such complaints in the manner hereinafter provided.
2. The local liquor control commission shall also have the power to levy fines in accordance with subsection H2 of this section. (Ord. 442, 6-2-1999)
3. The local liquor control commission also has the duty to notify the secretary of state of any convictions or dispositions of court supervision for a violation of subsection 4-2-21B of this chapter. (2012 Code)
1. Any five (5) residents of the village shall have the right to file a complaint with the local liquor control commission stating that any retailer licensee subject to the jurisdiction of the local commission has been or is violating the provisions of this chapter or of any of the statutes of this state enacted with reference to the control of liquor. Such complaint shall be made in writing and shall be signed and sworn to by the parties complaining.
2. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which such belief is based. If the local liquor control commission is satisfied that the complaint substantially charges a violation, and that from the facts alleged there is reasonable cause for such belief, the commission shall set the matter for hearing, and shall serve notice upon the licensee of the time and place of such hearing and of the particular charges in the complaint.
C. Permitting Violations 3 : If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person, shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, said owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment.
D. Liability For Acts Of Agent Or Employee 4 : Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally.
E. Revocation Of License:
1. Revocation After Conviction 5 : Whenever any licensee shall be convicted of any violation of this chapter, the license of said licensee may, in the discretion of the president and with the approval of the board of trustees, be revoked and forfeited, and all fees paid thereon shall be forfeited, and it shall thereafter be unlawful and shall constitute a further violation of this chapter for said licensee to continue to operate under such a license.
2. Revocation When Employee Convicted 6 : Whenever any officer, director, manager, or other employee in a position of authority of any licensee under this chapter shall be convicted of any violation of this chapter while engaged in the course of his employment or while upon the premises described by the license, the license shall be revoked and the fees paid thereon forfeited, both as to the holder of the license and as to the premises, as if said licensee had himself been convicted. (Ord. 442, 6-2-1999)
F. Term Of Revocation 7 : When any license has been revoked for any cause, no license shall be granted to the same licensee for a period of one year thereafter for the conduct of the business of selling alcoholic liquor in the premises described in the revoked license unless the revocation order has been vacated or unless the revocation order was entered as to the licensee only. Nothing in this subsection shall prohibit the issuance of a retail license authorizing the sale of alcoholic liquor incidental to a restaurant if: 1) the primary business of the restaurant consists of the sale of food where the sale of liquor is incidental to the sale of food, and the applicant is a completely new owner of the restaurant; 2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the twenty four (24) months before the change of ownership; and 3) the restaurant is located seventy five feet (75') or more from a school. (Ord. 442, 6-2-1999; amd. 2012 Code)
G. Abatement Of Place Used In Violation 8 : Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance and shall be abated as provided by the laws of this state for the abatement of public nuisances.
1. Authority: The local liquor control commission may revoke or suspend any license issued thereby if it determines that the licensee has violated any of the provisions of the Illinois liquor control act of 1934, or of any valid ordinance enacted by the board of trustees, or any applicable rule or regulation established by the local liquor control commission or the state commission which is not inconsistent with law. (Ord. 442, 6-2-1999)
2. Fine In Addition To Suspension: In addition to suspension, the local liquor control commission may levy a fine on the licensee for such violations. The fine imposed shall not exceed seven hundred fifty dollars ($750.00) for each violation. Each day on which a violation continues shall constitute a separate violation. No more than ten thousand dollars ($10,000.00) 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 of the municipal treasury, as the case may be. (Ord. 442, 6-2-1999; amd. 2012 Code)
3. Notice Of Revocation, Suspension And Fine; Hearing: 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 commission 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 commission shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the local liquor control commission has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, it 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 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.
4. Decision And Findings: The local liquor control commission shall, within five (5) days after any hearing under this subsection, if it 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 state 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 findings of the local liquor control commission shall be predicated upon competent evidence.
1. a. Except as provided in this subsection I1, any order or action of the local liquor control commission 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 resident of the village or any person interested, to the state commission.
b. In any case where a licensee appeals to the state commission from an order or action of the local liquor control commission having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the state commission and the expiration of the time allowed for an application for rehearing. If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application or, if the rehearing is granted, until the decision on rehearing.
2. In any case in which a licensee appeals to the state commission a suspension or revocation by the local liquor control commission that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the local liquor control commission's action has been issued by the state commission and shall cease all activity otherwise authorized by the license. The state commission shall expedite, to the greatest extent possible, its consideration of any appeal that is an appeal of a second or subsequent suspension or revocation within the past twelve (12) month period.
3. Any appeal of the decision and findings of the local liquor control commission in subsection I1 of this section shall be limited to a review of the official record of the proceedings of the local liquor control commission. The official record shall be a "certified official record" of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter. A copy of this record shall be filed by the local liquor control commission within five (5) days after notice of the filing of such appeal under subsections I1 and/or I2 of this section is received by the village from the state commission. The appellant/licensee shall pay for the cost of the transcript. If the appellant/licensee refuses to pay for the cost of the preparation of the official record, the local liquor control commission is not obligated to file the record with the state commission. (Ord. 442, 6-2-1999)
Notes
| 1 | 2. 235 ILCS 5/4-4. |
| 2 | 1. 235 ILCS 5/7-7. |
| 3 | 2. 235 ILCS 5/10-2. |
| 4 | 3. 235 ILCS 5/10-3. |
| 5 | 1. 235 ILCS 5/10-4. |
| 6 | 2. 235 ILCS 5/10-5. |
| 7 | 3. 235 ILCS 5/7-13. |
| 8 | 4. 235 ILCS 5/10-7. |
| 9 | 1. 235 ILCS 5/7-5. |
| 10 | 1. 235 ILCS 5/7-9. |