(A) Revocation or suspension of local license; notice and hearing. 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 Liquor Act, any valid ordinance adopted by the municipality, or any applicable rule or regulation established by the Liquor Commissioner or the State Commission which is not inconsistent with law.
(1) Revocation and suspension: 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.
(2) 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)
(B) Appeals from order of Liquor Commissioner.
(1) Except as provided in this section, any order or action of a Local Liquor Control Commissioner 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 30 days) to grant a hearing upon a complaint to revoke or suspend a license may, within 20 days after notice of such order or action, be appealed by any resident of the municipality under the jurisdiction of the Liquor Commissioner or any person interested to the State Commission.
(2) In any case where a licensee appeals to the State Commission from an order or action of the Liquor Commissioner 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.
(Prior Code, § 21-4-11)
Statutory reference:
Related provisions, see 235 ILCS 5/7-5 and 235 ILCS 5/7-9