(A) Owner of premises permitting violations. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person shall knowingly permit the licensee to use said licensed premises in violation of the terms of this chapter, said owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment.
(B) Acts of agent or employee; liability; knowledge. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him or her personally.
(C) Revocation of license after conviction. Whenever any licensee shall be convicted of any violation of this chapter, the license of said licensee may, in the discretion of the Mayor, 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 such license.
(D) Revocation of license when employee convicted. Whenever any officer, director, manager or other employee in a position of authority of any licensee under this 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 the license, the license shall be revoked and the fees paid therefrom forfeited, both as to the holder of the license and as to the premises, as if said licensee had himself or herself been convicted.
(E) Misbranding. Any person who shall knowingly possess, sell or in any way dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of the alcoholic liquor, or who shall cause any such act to be done, shall forfeit the alcoholic liquor and the packages and containers to the state and shall be subject to the punishment and penalties provided for violation of this chapter.
(F) Abatement of place used in violation. Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance and shall be abated as provided by the laws of the state for the abatement of public nuisances.
(G) Revocation of licenses. The Local 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 Local Liquor Control Commissioner may suspend for 30 days or revoke any liquor license issued under this chapter for any state law pertaining to the sale of alcoholic liquors by any licensee or his or her agent, servant or employee.
(2) The Local 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 Local 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.
(4) Complaint by residents.
(a) Any resident of the municipality shall have the right to file a complaint with the Local 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 made in writing and shall be signed and sworn to by the parties complaining.
(b) The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which such belief is based. If the Local Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and that, from the facts alleged, there is reasonable cause for such belief, he or she shall set the matter for hearing, and shall serve notice upon the licensee of the time and place of such hearing and of the particular charges in the complaint.
(c) Notwithstanding the foregoing, in the event the holder of a city issued liquor license is also the holder of a city-issued tobacco license and said tobacco license is revoked for any reason whatsoever, then said holder’s liquor license shall be summarily revoked by the city.
(H) Fines. Any local Liquor Commissioner may impose a fine upon, or fine and suspend, a licensee. Any fine imposed shall not exceed $1,000 per violation, nor more than $15,000 maximum in total fines, against any licensee during the period of the license.
(Ord. 2810, passed 1-13-2009; Ord. 2999, passed 1-8-2013) Penalty, see § 118.99
Statutory reference:
Related provisions, see 235 ILCS 5/4-4 and 235 ILCS 5/10-2 through 5/10-7