Skip to code content (skip section selection)
A. Duties; Chief Of Police: It shall be the duty of the chief of police to report to the local liquor control commissioner the following occurrences:
1. Receipt by the chief of police of a report by a law enforcement officer or town official of a violation by a licensee of any law or ordinance pertaining to the sale of alcoholic liquor; or
2. A conviction of a licensee by a court of law of violation of any ordinance or law pertaining to the sale of alcoholic liquor.
B. Notice; Order; Penalty:
1. a. Notice Of Violation: Upon receipt of any report or notice, including a report referenced in division A. of this section, of any violation by the license holder or his agents of any town ordinance or state or federal statute, regulation or order relating to the conduct of such business or occupation, the local liquor control commissioner may issue notice to the holder of the license so charged or convicted to appear before the commissioner to show cause why he should not be fined or why his license should not be revoked or suspended. No such license shall be so revoked or suspended, and no license shall be fined except after a public hearing before the local liquor control commissioner, with a three (3) day written notice to the licensee, affording the licensee an opportunity to appear and defend. Further, in the event that the local liquor control commissioner shall find a licensee guilty of violating any provision of this chapter, he/she may order the licensee to pay to the town reasonable attorney fees incurred by the town, the chief of police, and the local liquor control commissioner and other reasonable costs, including, but not limited to, the costs of court reporter fees and witness fees incurred by reason of the hearing.
b. The local liquor control commissioner shall within five (5) days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order of revocation or suspension and serve a copy of such order within the five (5) days upon the licensee.
2. Penalties For Violations:
a. Following the hearing, the local liquor control commissioner may, if he finds cause, order the license suspended or revoked.
b. In addition to or in lieu of suspension, the local liquor control commissioner may levy a fine on the licensee. The fine imposed shall not be less than one hundred fifty dollars ($150.00) nor 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 may be imposed against any licensee during the period of his license. Upon a final judgment and determination other than not guilty in any hearing by the local liquor control commissioner, the local liquor control commissioner shall require, in addition to a fine, if any, the payment by the licensee of all fees and costs for all hearing sessions concerning the matter. Fees and costs shall include the cost for attendance and transcriptions of the court reporter, fees for the local liquor control commissioner and his or her assistants, fees of the town attorney incurred in connection with the case, and fees of the attorney representing the local liquor control commissioner at the hearing(s). Any fine or cost imposed upon a licensee pursuant to this section shall be a debt owed by the licensee to the town and shall be collectible as such.
C. Closure Of Premises; Liquor Control Commissioner: In addition to the powers set forth in division B. of this section, the local liquor control commissioner may, at his discretion, order, upon the issuance of a written order, the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, 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. If such licensee shall also be engaged in the conduct of another business or businesses on the licensee's premises, such order shall not be applicable to such other business or businesses.
D. Notice Of Appeal: In the event of any appeal from an order or action of the local liquor control commissioner, the appeal to the Illinois state liquor control commission shall be limited to a review of the official record of the proceedings before said local liquor control commissioner. In such event, the local liquor control commissioner shall file with the Illinois state liquor control commission the certified official record of the proceedings within five (5) days after notice of the filing of such an appeal. The appellant shall bear the cost of the official transcript. The state commission shall review the propriety of the order or action of the local liquor control commissioner based on the certified official record.
E. Suspension Ordered; Display Of Sign:
1. At all times during the term of a suspension ordered by the local liquor commissioner, the licensee shall display a sign no less than four (4) square feet containing the following information:
No alcoholic liquor will be sold at
this location from (date) to (date),
due to the suspension of liquor license.
By order of the Town of Cortland Local
Liquor Control Commissioner.
2. The sign shall be located in plain view of any person immediately upon entering the licensed premises and shall be clearly legible by such a person.
F. When any license shall have been revoked for any cause, no local liquor license shall be granted to any person for the period of one (1) 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 was entered as to the licensee only and the new licensee is not in any way related to the revoked license.
G. Review of the decisions of the local liquor control commissioner shall be as provided for in section 7-9 of the Illinois liquor control act.
(Ord. 2007-15, 4-23-2007, eff. 5-4-2007; amd. Ord. 2019-16, 8-26-2019, eff. 9-13-2019)