(A) the Local Liquor Control Commissioner may suspend or revoke any license/permit for any violation of any provision of this chapter, or for any violation of state law pertaining to the sale of alcoholic liquor. Upon due investigation of any claim of violation, the Village Mayor, upon his or her motion or upon the motion of any five residents of the village, shall have the right to file a complaint with the Local Liquor Control Commissioner stating a licensee within the village has been or is violating the provisions of the Liquor Control Act, provisions of Village Code, or the rules or regulations of the Local Liquor Control Commissioner. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts upon which that belief is based. If the Local Liquor Control Commissioner is satisfied the complaint substantially charges a violation and from the facts alleged there is reasonable cause for such belief, he or she shall, within 30 days of receipt of the complaint, set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint. If the Local Liquor Control Commissioner is not satisfied there is a reasonable basis for the complaint, he or she shall respond to the residents in writing explaining why a hearing is not necessary.
(B) Notice, hearing and order. Except as provided in § 110.02(B)(7) of this chapter, no liquor license/permit shall be revoked or suspended except after a public hearing before the Local Liquor Control Commissioner. The Local Liquor Control Commissioner shall give written notice to the licensee not less than three days prior to the hearing, affording the licensee an opportunity to appear and defend or otherwise answer. If after a hearing on any alleged violation the Local Liquor Control Commissioner finds there is any violation of village ordinances or statutes of the state, or that there was any other activity or omission of the licensee for which a penalty should be imposed, the Local Liquor Control Commissioner may fine the licensee and/or suspend or revoke his or her license. The Local Liquor Control Commissioner shall, within five days after such hearing, make a determination regarding suspension, revocation and/or the issuance of a fine to the licensee. If the Local Liquor Control Commissioner determines the license/permit should be revoked or suspended, he or she shall state the reason(s) 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 licensee. If the Local Liquor Control Commissioner decides to suspend the license/permit, the term of suspension shall not be less than one day nor more than 30 days. If in addition to or in lieu of a license suspension or revocation, the Local Liquor Control Commissioner imposes a fine upon the licensee, the amount of the fine shall not be less than $50 or more than $1,000. However, any failure of a licensee to fulfill an affirmative duty set forth in this chapter shall subject the licensee to a mandatory minimum penalty of $100. If the Local Liquor Control Commissioner finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for a hearing before the Local Liquor Control Commission, including but not limited to court reporter fees, witness fees, attorneys' fees and any other fees incurred by the village. This shall be in addition to any other penalties assessed against the licensee. Failure to pay such costs within 30 days of notification is a violation of this section. The remedies afforded hereunder are not exclusive, and any such sums assessed hereunder may be collected as any other debt.
(C) All proceedings before the Local Liquor Control Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter.
(Ord. 2023-05, passed 8-8-2023)