4-4-280 License revocation.

   (a)   The Commissioner shall have the power to fine a licensee and/or to suspend or revoke any license for good and sufficient cause or if the issuing department determines that the licensee or its employee or agent has violated any provision of this Code or any rule promulgated thereunder or any applicable state or federal law. Provided, however, that no license shall be suspended or revoked unless the licensee is first given five calendar days' written notice of a public hearing, which shall provide the licensee with an opportunity to appear and defend. Such public hearing shall be held before a hearing officer, who shall report the findings to the Commissioner.

   The Commissioner shall have the right to examine the books and records of any licensee upon whom notice of a public hearing has been served.

   If, after such hearing, the Commissioner imposes a fine and/or suspends or revokes the applicable license, the Commissioner shall, within 60 calendar days after the hearing is completed: (1) state the reason(s) for such determination in a written order; (2) serve a copy of such order upon the licensee; and (3) post a notice or sign on the licensed premises indicating that the business has been closed, if applicable. No person shall remove any notice or sign indicating that a business has been closed by official order until such time, if any, that a business reopens in compliance with the provisions of this Code.

   If the Commissioner determines that a fine is an appropriate penalty, the amount of the fine shall not exceed the fine imposed in the chapter creating the subject license. If no fine is specified in that chapter, the fines specified in this chapter shall apply.

   (b)   For purposes of this Title 4 or any rule promulgated under any chapter of this Title 4: If the term "shall" is used in connection with any time frame for completion by the Commissioner of any required process, such term shall be construed as merely directory rather than mandatory, and the Commissioner's failure to complete such required process within the stipulated time frame shall not result in any loss of jurisdiction by the Commissioner.

   (c)   In the event the Mayor designates a local liquor control commissioner, said local liquor control commissioner shall exercise the power of the Commissioner as set forth in subsections (a) and (b) of this section with respect to liquor licenses.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 2)

4-4-281 License and registration rescission.

   The commissioner shall have the power to rescind any license or registration erroneously issued by the department. To rescind a license or registration, the commissioner shall: (l) send notice by first class mail to the licensee or registrant, as applicable, identifying the basis for the proposed rescission; (2) set forth a date and time, which shall be no sooner than ten calendar days after notice is mailed, for the licensee or registrant to appear before the commissioner to contest the proposed rescission; and (3) inform the licensee or registrant that such licensee or registrant is entitled at such hearing to present evidence in opposition to the proposed rescission. Following the hearing, the commissioner shall affirm or reverse the decision to rescind the license. If the licensee or registrant fails to appear at such hearing, the license or registration, as applicable, shall be deemed to be rescinded. The commissioner's decision, which shall be in writing, shall be mailed to the licensee at least five days before the effective date of the rescission. The commissioner's decision shall be final and may be appealed as provided by law.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 6-22-16, p. 27712, § 3)

4-4-282 License suspension or revocation – Illegal activities on premises.

   The license of any person may be suspended or revoked pursuant to Section 4-4-280 if the Commissioner determines that the person or such person's agent or employee has violated the provisions of Section 8-4-090 on any premises for which the license was issued.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 3)

4-4-283 Closure due to dangerous or hazardous conditions – Effect on license or application.

   Whenever any authorized officer issues an order pursuant to Section 14A-3-305 of this Code to vacate and close any building, structure, premises or portion thereof used to conduct any activity requiring a license under this Code, all such activity within such closed portion of the building, structure, premises or portion thereof shall cease immediately.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 15)

4-4-285 Public safety threat – Summary closure – When authorized.

   (a)   Definitions. As used in this section:

   "Acceptable nuisance abatement plan" or "nuisance abatement plan" means any conduct, action, step or acceptance of conditions that is reasonably calculated to prevent the reoccurrence of a public safety threat under this section, as agreed to by the licensee/owner and approved by the Commissioner in consultation with the Superintendent.

   "Appropriate means to effect the summary closure" or "means of closure" means a police order, sign, lock or other barrier or device intended to seal, secure, close or otherwise render an establishment or any part thereof inaccessible to persons.

   "Establishment" means any premises or place of business licensed or required to be licensed by law. The term "establishment" includes adjacent property. As used in this definition, "adjacent property" means (1) any public way located next to an establishment, if such public way is used by the licensee/owner, patrons or employees of the establishment; or (2) any private property that is located next to an establishment, if such private property is owned, leased, rented or used by the licensee/owner; or (3) any private property separated from an establishment by a public way and located next to such public way, if such private property is owned, leased, rented or used by the licensee/owner.

   "Establishment's operating hours" means any time while the establishment is open for business or within one hour or less of the time the establishment is opened or closed for business.

   "Licensee/owner" means the licensee of an establishment licensed under this Code. If an establishment is not licensed under this Code, "licensee/owner" means the owner of record of the building or premises in or on which the establishment is operating.

   "Public safety threat" means the occurrence of all of the following: (1) a violent offense occurs at an establishment during the establishment's operating hours, and (2) the violent offense involves acts of the licensee/owner, or its employees, agents or patrons, or otherwise involves circumstances having a nexus to the operation of the establishment, and (3) the superintendent reasonably determines, based on data or information in the superintendent's possession, that continued operation of the establishment presents a danger to the public.

   "Summary closure" or "summarily closed" means the immediate cessation of all business activities at an establishment and closure of the establishment.

   "Superintendent" means the superintendent of police or the superintendent's designee.

   "Violent offense" means the illegal discharge of a firearm; the killing of a human being by another; aggravated assault or aggravated battery; criminal sexual assault; or any other conduct that causes a person to suffer unconsciousness, severe bruising, severe bleeding, disability or disfigurement.

   (b)   Unlawful act – Public nuisance. It shall be unlawful for any person to operate any establishment in a manner that presents a public safety threat. For purposes of this section, a public safety threat is hereby declared to be a public nuisance subject to abatement under this section. If a public safety threat occurs at an establishment, a rebuttable presumption shall exist, for a period of six months after the date on which the public safety threat occurred, that continued operation of the establishment presents a danger to the public.

   (c)   Summary closure order – Lifting of summary closure order – When authorized. If the Superintendent determines that an establishment presents a public safety threat, the Superintendent may abate the threat by ordering the summary closure of the establishment. Except as otherwise provided in this subsection (c), such order shall remain in effect for an aggregate period of six months as measured from the date on which the public safety threat occurred. Provided, however, that any summary closure order issued by the Superintendent shall be lifted by the Commissioner, and the establishment shall be allowed to reopen, if (1) it is determined at a probable cause hearing or nuisance abatement hearing that a public safety threat did not occur, or (2) it is determined at a nuisance abatement hearing that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan. Provided further, that no summary closure order shall be lifted by the Commissioner if the establishment is not properly licensed as required by law.

   (d)   Notice of summary closure – required. Upon ordering the summary closure of an establishment, the Superintendent shall cause a dated notice to be posted in a prominent place on the establishment informing the licensee/owner of the following facts: (1) the Superintendent has issued an order requiring the immediate cessation of all business activities at, and closure of, the establishment; (2) the reason(s) for the summary closure; (3) the licensee/owner's right to request in writing, within three business days after notice is posted, a probable cause hearing before the Commissioner to determine whether a public safety threat occurred; (4) if requested in writing, a probable cause hearing shall be commenced within three business days of receipt of such request; (5) the licensee/owner's right, at any time during the period of closure, to seek to resume business activities at the establishment, by requesting, in writing, a nuisance abatement hearing before the Commissioner to contest whether a public safety threat occurred or to rebut the Superintendent's determination that continued operation of the establishment presents a danger to the public; (6) if requested in writing, a nuisance abatement hearing shall be commenced by the Commissioner within five business days of receipt of such request; (7) the name of the person and the address to which a written request for each hearing should be directed; (8) the consequences of not requesting a hearing; and (9) the owner's potential liability for three times the cost or expense incurred by the City in abating a public safety threat under this section.

   If a person apparently in control of the establishment is present at the time the notice is posted at the establishment, a copy of such notice shall be personally served on such person at that time. In addition, a copy of such notice shall be mailed, by first class mail, to the licensee/owner. If the establishment identified in the notice is licensed under this Code, such copy shall be mailed to the licensee or, if applicable, to the registered agent or other officer of the licensee, at the licensee's business address and, if available, at the licensee's home address. If the establishment identified in the notice is not licensed under this Code, such copy shall be mailed to the owner of record as listed with the recorder of deeds, and to the taxpayer of record, of the building or premises in or on which the establishment is operating. At the time the establishment is summarily closed, the Superintendent shall also post a sign at the establishment notifying the public of the penalty which shall attach, as set forth in subsections (m) and (n), if the summary closure order is violated or if any posted notice or means used to effect the closure is removed without authorization.

   (e)   Probable cause hearing. Within three business days after notice is posted under subsection (d), the licensee/owner of the establishment may request a probable cause hearing before the Commissioner to determine whether a public safety threat occurred at such establishment. Such request shall be in writing. Within three business days of receipt of a written request for a probable cause hearing, the Commissioner shall commence such hearing to determine whether a public safety threat occurred. The decision and order of the Commissioner shall be announced no later than two business days after the probable cause hearing is completed. If, after a probable cause hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did occur, the Commissioner shall enter an order authorizing continued closure of the establishment during the interim period prior to expiration of the aggregate six month period. If, after the probable cause hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did not occur, the Commissioner shall enter an order lifting the summary closure order and business operations at the establishment shall be allowed to resume during the interim period prior to expiration of the aggregate six month period. If, after notice is given to the licensee/owner in accordance with subsection (d), the licensee/owner fails to request a probable cause hearing in a timely manner, or requests a probable cause hearing but fails to appear at the hearing, the Commissioner shall enter a default order in favor of the City authorizing continued closure of the establishment during the interim period prior to expiration of the aggregate six month period. Upon entry of any order under this subsection, the Commissioner shall so notify the Superintendent, who shall take appropriate steps to effect the Commissioner's order without delay.

   (f)   Nuisance abatement hearing. At any time during the interim period prior to expiration of the aggregate six month period, the licensee/owner may seek to have the summary closure order lifted by the Commissioner by: (1) requesting, in writing, a nuisance abatement hearing under this subsection, and (2) showing, at such hearing, that there is reasonable cause to believe that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan. At such hearing, the licensee/owner may also contest whether a public safety threat occurred at the establishment unless it was previously determined at a probable cause hearing that such public safety threat did occur.

   Within five business days of receipt of a written request for a nuisance abatement hearing, the Commissioner shall commence such hearing. The decision and order of the Commissioner shall be announced no later than three business days after the nuisance abatement hearing is completed. If, after the nuisance abatement hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did occur and that continued operation of the establishment presents a danger to the public, the Commissioner shall enter an order authorizing continued closure of the establishment during the interim period prior to expiration of the aggregate six month period. If, after the nuisance abatement hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did not occur or that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan, the Commissioner shall enter an order lifting the summary closure order, in which case the establishment shall be allowed to reopen prior to expiration of the aggregate six month period.

   If, at any time after an acceptable nuisance abatement plan is implemented at the establishment governed by such plan, the licensee/owner fails to comply with the plan or any part thereof or another violent offense occurs at the establishment, the Superintendent may reinstate the summary closure order in accordance with the notice and hearing requirements of this section. In such case, the establishment shall remain closed for an additional aggregate period of six months, as measured from the date that the City acquired knowledge of the licensee's noncompliance with the nuisance abatement plan or any part thereof or from the date of the occurrence of another violent offense, as applicable, unless: (i) it is determined at a probable cause hearing or nuisance abatement hearing that the licensee/owner was in full compliance with the nuisance abatement plan and all parts thereof or that another violent offense did not occur at the establishment, as applicable; or (ii) it is determined at a nuisance abatement hearing that continued operation of the establishment does not present a danger to the public, as may be evidenced by the submission of a modified nuisance abatement plan, approved by the Commissioner and implemented by the owner/license, containing new or additional reasonable and warranted measures capable of abating a nuisance under this section.

   (g)   Evidentiary standard. At any hearing conducted under this section, any evidence on which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the Commissioner may rely upon written official reports, affidavits and other business records submitted by police officers or other authorized City officials or City employees to determine whether a public safety threat occurred. Provided, however, that only evidence reasonably necessary to demonstrate the existence or absence of elements which must be considered when determining whether a public safety threat occurred shall be heard.

   (h)   Cost recovery authorized. An amount equal to three times the cost or expense incurred by the city in abating a public safety threat under this section may be recovered by the city in an appropriate action instituted by the Corporation Counsel.

   (i)   Right of review. Any order of the Commissioner issued under this section may be appealed to a court of competent jurisdiction or as otherwise provided by law.

   (j)   Stay pending review. No summary closure order issued by the Superintendent under subsection (c), or order of closure issued by the Commissioner under subsections (e) or (f), shall be considered to a be a suspension or revocation of a liquor license subject to review by the License Appeal Commission under the Liquor Control Act of 1934. Nor shall any such order be subject to the automatic stay provision set forth in Section 7-9 of the Liquor Control Act of 1934.

   (k)   Construction of section. Nothing in this section shall be construed to: (1) prohibit the Commissioner from taking disciplinary action under Section 4-4-280 or any other applicable section of this Code against a licensee for any violation of this section or of this Code; or (2) effect the status of any ongoing City prosecution or other action involving such licensee or establishment, including, but not limited to, any ongoing license suspension or revocation hearing under this Code; or (3) prevent the Superintendent from closing any establishment for purposes of conducting an investigation of a crime scene or for any other reason authorized by law; or (4) prevent the arrest and prosecution of any person, pursuant to Section 4-4-010 or other applicable section of this Code, for operating a business or occupation without a license; or (5) prevent the arrest and prosecution of any person, pursuant to Section 4-4-015 or other applicable section of this Code, for operating a business or occupation in violation of any closure order; or (6) constitute an act of possession, ownership or control by the City over the closed premises; or (7) deny common law right to anyone to abate a nuisance.

   (l)   Manner of enforcement. The Superintendent is authorized to use appropriate means to effect the summary closure of an establishment. The summary closure authorized by this section shall not be executed in a manner that prevents legally required ingress to or egress from the residential occupancy portion of a building. Access to the closed establishment by the licensee/owner and other persons able to prove an interest in the establishment may be permitted for the purposes of maintaining the establishment in safe and code-compliant condition, correcting code violations, removing items from the closed establishment and any other purpose authorized in accordance with rules and regulations promulgated by the Superintendent. Entry to the closed establishment by government inspectors and investigators acting within the scope of their employment shall be permitted. No means used to close an establishment pursuant to this section shall be removed by the Superintendent unless the Commissioner or a court of competent jurisdiction orders the removal of such means. For purposes of this section, any period of time during which the means used to close an establishment are temporarily removed pursuant to a court order shall not be included in the calculation of the required closure period.

   (m)   Prohibition on conducting business. It shall be unlawful for any person to conduct any business activity at, or to knowingly frequent, any establishment that has been summarily closed pursuant to this section. In addition to any other penalty provided by law, any person who violates this subsection shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense, or incarcerated for a term of not less than three days nor more than six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.

   (n)   Prohibition on tampering with means of closure. Except as authorized pursuant to subsection (1), it shall be unlawful for any person to damage, tamper with, destroy or remove, or to cause to be damaged, tampered with, destroyed or removed, any means of closure used to summarily close an establishment pursuant to subsection (1) or any notice of summary closure or closure sign affixed at such establishment pursuant to subsection (d).

   In addition to any other penalty provided by law, any person who violates this subsection shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense, or incarcerated for a term of not less than three days nor more than six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.

   (o)   Failure to comply with approved nuisance abatement plan. It shall be unlawful for any person to fail to comply with any nuisance abatement plan or part thereof approved or subsequently modified under subsection (f). In addition to any other penalty provided by law, which may include license suspension or revocation, any person who violates this subsection shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 5-6-15, p. 108476, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 4)

4-4-289 Effect of revocation.

   (a)   Except as provided in subsection (e) of this section, any person whose license is revoked shall be ineligible for the issuance of any new license for the same business activity or its equivalent pursuant to Title 4 for a period of one year following the date that the revocation became effective.

   (b)   Except as provided in subsection (e) of this section, any person who has a substantial ownership or controlling interest in an entity whose license is revoked shall be ineligible for the issuance of any new license for the same business activity or its equivalent pursuant to this Title 4 for a period of one year following the date that the revocation became effective. This ineligibility shall also apply to the issuance of a new license for the same business activity to any other entity in which the disqualified person has a substantial ownership or controlling interest. As used in this section, "substantial ownership or controlling interest" means: (1) ownership of 25% or more of the entity, or, if the entity is a corporation, ownership of 25% or more voting shares of stock; or (2) holding a position as a principal officer or serving on the board of directors or as a manager of the entity.

   (c)   The parent, child, sibling, spouse or domestic partner of a person who is ineligible for the issuance of a license under subsection (a) or (b) of this section shall, during that period of ineligibility, be ineligible for the issuance of a new license under Title 4 for the same business activity or its equivalent at the same location as the licensed premises that were subject to the revocation causing the ineligibility under subsection (a) or (b).

   (d)   Whenever the licenses of a licensee holding multiple licenses for the same premises are revoked, the effects of such revocation under subsections (a), (b) and (c) shall apply to each revoked license.

   (e)   If any provision of Title 4 imposes a longer period of ineligibility for the issuance of any license, such longer period shall apply.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-290 Enforcement of license ordinances.

   It shall be the duty of the commissioner to examine or to cause to be examined all persons, books and records and places of business subject to license for the purpose of ascertaining whether such license(s) have been procured or whether the eligibility or other applicable requirements for licenses have been met. In case of the neglect or refusal of any person to procure a license as required by this Code, the commissioner shall have the authority, and it shall be the commissioner's duty, to take such action as the commissioner deems necessary to enforce said license requirement.

   The commissioner and all investigators and employees designated by the commissioner shall have full police powers to enforce the provisions of this chapter; and shall have the right to arrest or to cause to be arrested any person who violates any of the provisions of this Code; and shall have the right-of- entry, at reasonable times, to any place of business for which a license is required under this Code for the purpose of ascertaining compliance with the provisions of this Code.

   It shall be the duty of the head of the department or board charged with the enforcement of any regulatory provision of this Code to take such action as shall be necessary to compel compliance with said regulatory provision. Such department head or board shall call upon the department of police for aid in the enforcement of any regulatory provision of this Code, the enforcement of which is placed upon such department head or board, and it shall be the duty of the superintendent of police, when called upon by said department head or board, to perform such duties as may be required to enforce said regulatory provision.

   The superintendent of police and members of the police department shall also have (1) the authority to enforce the provisions of this Code pertaining to licensing; and (2) to examine all persons, books and records, or places of any business subject to licensing under this Code; and (3) the right-of-entry, at reasonable times, to any place of business for which a license is required under this Code for the purpose of ascertaining compliance with the applicable provisions of this Code.

   For purposes of this section, the term "at reasonable times" means (i) during normal business hours; (ii) during the hours of operation of the business; (iii) any time the business is found to be operating; or (iv) any time when a customer is in the business, including before or after the hours of operation of such business.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-295 Unlawful interference with enforcement.

   It shall be unlawful for any licensee to knowingly obstruct the commissioner or any department investigator in the performance of his or her respective duties, or to knowingly interfere with or impede the commissioner or any department investigator in enforcing the provisions of Title 4. Any person who violates this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00, or imprisonment for a term not to exceed six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and in the Illinois Code of Criminal Procedure, or both, for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-299 Trademark violations.

   All business licenses of a licensee under Title 4 shall be revoked if the licensee knowingly sells, offers for sale, exposes for sale, or acquires for purpose of sale, any item that (1) bears a false or counterfeit trademark, or (2) bears a genuine trademark that has been attached to the item without permission of the rightful holder of the trademark.

(Added Coun. J. 5-9-12, p. 27485, § 14)