A. Suspension Or Revocation Procedures; Fines Established:
1. The local liquor control commissioner may, in accordance with the liquor control act 1 , revoke or suspend any license issued under the provisions of this chapter, if he/she determines that the licensee has violated any of the provisions of the liquor control act, this chapter or any other ordinance or resolution enacted by the corporate authorities of the village, or any applicable rules or regulations established by the local liquor control commissioner or the Illinois liquor control commission, or any state and/or federal statute which is not inconsistent with the law. In addition to a suspension, the local liquor control commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed one thousand dollars ($1,000.00) for the first violation within a twelve (12) month period, one thousand five hundred dollars ($1,500.00) for a second violation within a twelve (12) month period, and two thousand five hundred dollars ($2,500.00) for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines under this subsection may be imposed against any licensee during the period of the license. However, no such license shall be revoked or suspended nor shall any licensee be fined except after a public hearing by the local liquor control commissioner after a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend the charges contained in such notice. The three (3) day notice provision shall begin the day following delivery of a notice of hearing to the licensee, by certified or registered mail or by personal service. Any fine imposed against a licensee pursuant to this chapter shall constitute a debt due and owing the village and shall be paid to the village within thirty (30) days after issuance of a written order levying a fine. Failure on the part of a licensee to pay any fine within thirty (30) days shall subject the licensee to further sanctions as herein provided. (Ord. 2007-124, 12-6-2007; amd. 2011 Code)
2. If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he/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 (7) days, giving the licensee an opportunity to be heard during that period; except, that if the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to such other business. (Ord. 2007-124, 12-6-2007)
3. The local liquor control commissioner shall, within five (5) days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reasons for such determination in a written order of revocation, suspension or fine and serve a copy of such order within five (5) days upon the licensee. (Ord. 2007-124, 12-6-2007; amd. 2011 Code)
4. 235 Illinois Compiled Statutes 5/7-7, 5/7-9, 5/7-12 and 5/7-13 are incorporated herein by reference and made a part of this chapter. Review of decisions of the local liquor control commissioner shall be limited to a review of the official record of the proceedings of the local liquor control commissioner, as provided in 235 Illinois Compiled Statutes 5/7-9.
5. Any licensee fined pursuant to the provisions of this subsection and who fails to pay the fine within the period ordered by the local liquor control commissioner, shall be subject to additional fines and penalties as provided by this chapter.
B. Revocation Upon Conviction Of Violation: Whenever any licensee shall have been convicted by any court of a violation of any of the provisions of the liquor control act, or of this chapter, or of any other ordinance of the village controlling or regulating the sale of alcoholic liquors, the licensee shall, in addition to all other penalties for such offense, incur a forfeiture of any local retail dealer's license issued pursuant to this chapter and all monies that may have been paid therefor.
C. Use Of Premises After Revocation: When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the retail sale of alcoholic liquor in the premises described in the revoked license unless the revocation order has been vacated or unless the revocation order was entered as to the revoked licensee only. (Ord. 2007-124, 12-6-2007)
Notes
| 1 | 1. 235 ILCS 5/1-1 et seq. |