The commissioner may revoke or suspend any license and impose a fine, if he/she determines that the licensee has violated any of the provisions of this code or state or federal law, including the smoke free Illinois act, 410 Illinois Compiled Statutes 82/1 et seq., and/or subsection 3-3-15(C) of this chapter, or any other ordinances or resolutions of the city or any applicable rules or regulations established by the Illinois liquor control commission. No license may be suspended or revoked and no fines levied except after a public hearing with a three (3) day written notice to the licensee. Monetary fines may be imposed for each violation; each day on which a violation continues shall constitute a separate violation. Proceeds from such fines shall be paid into the city's general corporate fund. (Ord. 0-52-07, 12-17-2007, eff. 1-1-2008)
(A) If the commissioner has a reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the city, he 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 the licensee is engaged in the conduct of another business on the licensed premises such order shall not be applicable to such other business.
(B) Upon complaint being made of violation of this chapter or the Illinois statutes or the rules and regulations promulgated thereunder, the commissioner shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and the particular charge.
(C) Notice of such hearing shall be served by registered or certified mail, prepaid, return receipt requested, or by leaving a copy of said notice with the licensee or with a person at the said licensed place of business at least three (3) days prior to the hearing. The notice shall also include a copy of this section.
(D) All evidence received at the hearing shall be reduced to writing and an official record of the proceedings shall be maintained. Within five (5) days of the conclusion of the hearing, the commissioner shall determine if the license should be revoked or suspended or that the licensee should be fined, and state the reasons for such determination in a written order, and either the amount of the fine, the period of suspension or that the license has been revoked, and shall serve a copy of the order within five (5) days upon the licensee.
(E) Pursuant to 235 Illinois Compiled Statutes 5/7-9, any appeal from a decision of the Commissioner to the State Commission shall be limited to a review of the official proceedings of the Commissioner. A certified copy of the record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the Commissioner within five (5) days after notice of the filing of such an appeal, if the appellant licensee pays the cost of the transcript.
(F) When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one (1) year thereafter for the conduct of selling alcoholic liquor in the premises described in such revoked license. (Ord. 0-39-94, 9-19-1994)