(A) Suspension, revocation, fines. Licenses shall be deemed a personal privilege that may be suspended for a period of no more than 30 consecutive days or revoked or for which a fine no less than $100 nor greater than $10,000 may be imposed in the event a licensee violates any state or federal statute, rule or regulation, or city ordinance concerning the sale or service of alcohol and/or the display, operation and allowing the playing of any VGT on the licensee’s premises. Each day that a violation is found to exist shall constitute a distinct and separate violation for which a fine may be imposed.
(B) Penalty proceedings. In the event that there is probable cause to believe that a licensee is in violation of the Liquor Act, Gaming Act or this chapter, the liquor commissioner shall give the licensee a written notice of such violation and a date when a public hearing shall be convened which affords the licensee with an opportunity to be heard regarding the alleged violation.
(1) If the liquor commissioner is considering a suspension or revocation of a licensee’s license, the liquor commissioner shall conduct such hearing within 14 calendar days after delivery of such notice.
(2) If the liquor commissioner is considering imposing a fine only, such hearing shall be conducted within 21 calendar days of the date of such notice.
(3) All notices shall be hand delivered to the licensee’s premises on a day when the said establishment is open for business. Delivery of such notice to the licensee, manager or an employee of the licensee shall be deemed proper service of the notice.
(4) The Illinois Supreme Court Rules of Evidence (Ill. Sup. Ct. Rules of Evidence Rule 101 et seq.) shall not be strictly applied at the hearing. Evidence shall be admitted at such public hearing if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(5) Upon the conclusion of the hearing, the liquor commissioner shall make a final determination concerning whether the licensee is found to have violated any state or federal statute or city ordinance.
(6) The liquor commissioner shall prepare a written order stating the reasons for the determination and the penalty to be imposed, if any.
(7) Upon finding that the licensee violated a state or federal statute or a city ordinance, the liquor commissioner shall be authorized to suspend or revoke a licensee’s license or impose a fine.
(a) If the liquor commissioner determines that the licensee’s license should be suspended, the liquor commissioner’s order shall provide that the suspension shall commence upon service of the liquor commissioner’s order on the licensee and that the suspension shall terminate at 11:59:59 p.m. central time on a date provided in the order.
(b) If the liquor commissioner determines that a licensee’s license should be revoked, the revocation shall commence at the time and date when the liquor commissioner’s order is served on the licensee.
(c) If the liquor commissioner determines to fine the licensee, the following shall apply.
1. For each offense of any section, except as provided hereinafter, the fine shall be no less than $100 nor more than $10,000.
2. For each offense of § 96.29(A) (sale or gift to or purchase for a minor), § 96.29(B) (misrepresentation of age), § 96.35(B) (possession on public property), § 96.29(A) (minor’s purchase, possession or consumption), § 96.29(A) (minor’s consumption), § 96.29(A) (possession in motor vehicle), the fine shall be no less than $250 nor more than $1,000.
3. Each day that a violation has been found to exist shall constitute a distinct and separate violation that is subject to a fine. The imposition of a per-day fine shall be within the liquor commissioner’s discretion.
4. In addition to any fine imposed hereunder, the offender shall be ordered to pay all costs and fees incurred by the city in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding pursuant to Chapter 42 or circuit court proceeding, and reasonable attorney’s fees.
(8) The liquor commissioner’s order shall be hand delivered to the licensee’s premises on a day when the licensee is or would be expected to be open for business and service on the licensee or the licensee’s manager or employee shall constitute proper service of the order on the licensee.
(9) It shall be an affirmative defense to a charge of possession of alcohol upon a public right-of-way, other than a street for vehicular travel, that the said public right of way is immediately adjacent to and the parcel of real estate that is improved with the defendant’s principal residence. The address indicated on the defendant’s current driver’s license or voter’s registration card shall be presumed to be the principal residence of the person to whom such document was issued.
(C) Changing classes of license. The liquor commissioner shall have the authority to change the class of license if the liquor commissioner or the deputy liquor commissioner determines that the basis or reason for issuing a particular license has changed and that another class of license is more appropriate given the nature of the licensee’s then current business operations. In the case of a change of license, the licensee shall pay the increased difference between the licensee’s current license and the new license. Under no circumstance shall the city refund the difference in fees if the new license has a higher fee than the license it is replacing.
(D) Acts of employees. For purposes of this chapter, any act of any employee of a licensee that in any way violates this chapter also shall be deemed the act of the licensee.
(E) State agency cancellation, revocation or suspension of licenses. If the Illinois Liquor Control Commission cancels, revokes or suspends any license issued to a person who has a city-issued license and rider, if any, the city-issued license and rider shall be deemed automatically cancelled, revoked or suspended, consistent with the Illinois Liquor Control Commission’s action. If the Illinois Gaming Board cancels, revokes or suspends any licensee’s authority to display, operate and allow the public to play one or more VGTs on the licensee’s premises, but where the Illinois Liquor Control Commission has taken no adverse action against the licensee’s state authority to sell or serve alcohol for on-premises consumption, the licensee shall be permitted to continue selling or serving alcohol for on-premises consumption consistent with that licensee’s class of city-issued license. Notwithstanding the immediate foregoing, if the Illinois Gaming Board cancels, revokes or suspends a Class VGH licensee’s authority to display, operate and allowance of the public to play the licensee’s one or more VGTs, the action of the Illinois Gaming Board also shall be deemed to automatically cancel, revoke or suspend the Class VGH licensee’s authority to sell or serve alcohol on the said licensee’s premises. If the holder of a cancelled, revoked or suspended Class VGH license wishes to sell or serve alcohol for on-premises consumption, the holder of the Class VGH license must apply for a Class A license pending availability of any such license.
(Ord. 9470, passed 3-5-24)