(A) Powers of the Liquor Control Commissioner. The Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses granted under this chapter.
(1) In addition to, and not limited by, the specific penalties set out for violations of specific sections of this chapter, the Liquor Control Commissioner may suspend for up 30 days or revoke any liquor license issued under this chapter for any violation of state law pertaining to the sale of alcoholic liquors by any licensee, his or her agent, servant or employee.
(2) The Liquor Control Commissioner may suspend or revoke any liquor license if the licensee makes any false statement or misrepresentation in the application for a license.
(3) The Liquor Control Commissioner may enter, or authorize any law enforcing officer to enter, at any time, upon any premises licensed to determine whether any of the provisions of this chapter or the laws of the state pertaining to the sale of alcoholic liquor have been or are being violated at such time to examine the premises of the licensee in connection therewith.
(B) Complaint by residents. Any five residents of the county shall have the right to file a complaint with the Liquor Control Commissioner stating that any licensee under this chapter has been or is violating the provisions of this chapter, or any amendments hereto, or of any of the statutes of the state, enacted with reference to the control of liquor. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining.
(C) Revocation or suspension of local license; notice; hearing.
(1) The Liquor Control 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 Control Act or if any valid ordinance or resolution enacted by the County Board, or any applicable rule or regulation established by the County Liquor Control Commissioner, which is not inconsistent with law. However, no such license shall be so revoked or suspended, except after a public hearing by the Liquor Control Commissioner with a three days’ written notice to the licensee, affording the licensee an opportunity to appear and defend.
(2) The service of such notice may be made by leaving a copy of such notice at the place of business of such licensee with some person over the age of 15 years and informing such person of the contents of such notice. The return of the Sheriff as to the manner of service shall be sufficient.
(3) On the day set for hearing, if such licensee does not appear at the time and place designated in such notice, the Liquor Control Commissioner may proceed to hear said case the same as if said licensee were present and to render a decision on the merits of the case.
(4) The Liquor Control 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 licensee. The findings of the Liquor Control Commissioner shall be predicated upon competent evidence.
(D) Appeals from order of Liquor Control Commissioner. Except as provided in this section, any order or action of a Liquor Control Commissioner 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 be appealed by any person in interest to the State Commission, in which event the matter of such order of action of such Liquor Control Commissioner shall be tried de novo by the State Commission as expeditiously as circumstances permit.
(E) Revocation of license after conviction. Whenever any licensee shall be convicted of any violation of this chapter, the licenses of said licensee may, in the discretion of the Liquor Control Commissioner, be revoked and forfeited and all fees paid thereon shall be forfeited and it shall thereafter be unlawful and shall constitute a further violation of this chapter for said licensee to continue to operate under said license.
(F) Revocation of license when employee convicted. Whenever any officer, director, manager or other employee in a position of authority of any licensee under the chapter shall be convicted of any violation of this chapter while engaged in the course of his or her employment or while upon the premises described by said license, said license may be revoked and the fees paid thereon forfeited both as to the holder of said license and as to said premises if said licensee had himself or herself been convicted.
(Ord. 1995-4, passed 9-19-1995) Penalty, see § 111.999