A. Notice. With the exception of emergency closures as set forth by this chapter. Before a licensee may have his or her license suspended or revoked, or before a fine may be levied against the licensee, the Liquor Control Commission shall give the licensee written notice of the violation at least three (3) days prior to the hearing on the violation. Such written notice shall be deemed served by mailing a notice of the violation, including the date and time of the hearing, to the licensee via pre-paid United States mail to the address listed by the licensee on his or her application for a Retail Liquor Dealer's License.
B. Hearing. A hearing shall be conducted at a time and place directed by the Liquor Control Commission. The Liquor Control Commissioner may appoint a hearing officer to take testimony at the hearing. The licensee shall have the opportunity to appear and defend and to cross-examine all witnesses and to present testimony in his or her own defense. Such hearing shall be informal in nature and the rules of evidence as followed by the Courts of Illinois shall not be applicable. All such hearings shall be open to the public and the testimony shall be transcribed by a certified short hand reporter.
C. Disposition. The Liquor Control Commissioner shall, if they determine after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason or reasons for such detennination in a written order, and indicate either the amount of the fine and when it must be paid, the period of suspension, or that the license has been revoked. The Liquor Control Commissioner shall serve a copy of such order within five (5) days after the hearing upon the licensee. In making, his or her determination to reprimand, fine, or suspend or revoke, or in determining the amount of a fine imposed or the length of a suspension imposed, the Liquor Commissioner may consider any of the following: 1) the nature of the violation;_2) past violations of the Licensee occurring within the immediately preceding three (3) year period; 3) past action of the Liquor Commissioner in comparable situations; 4) the factual situation and circumstances surrounding the violation as presented at the public hearing; and 5) such other information as the Liquor Commissioner shall deem relevant.
D. Licensee's Right to Appeal Decision of Liquor Control Commission. A licensee shall have the right to appeal a decision of the Liquor Control Commission, by filing an appeal with the Illinois Liquor Control Commission within twenty (20) days after receipt of the Liquor Control Commission's order. The appeal shall be limited to a review of the official record of the proceedings of the Liquor Control Commission and the transcript of the testimony given at the hearing. If an appeal is filed, the Liquor Control Commissioner shall file a certified copy of the official record of the proceedings with the Illinois Liquor Control Commission after the appellant licensee pays the cost of the preparation of the official record.
E. Agreed Violation Process. Agreed Violation Process: ln cases where: 1) the Liquor Commissioner and the Licensee agree and stipulate to the facts of a given violation, and agree that a violation has occurred; 2) the Liquor Commissioner and the Licensee agree that use of the Agreed Violation Process is appropriate, and are willing to execute a stipulation, settlement and waiver agreement so indicating; 3) the violation(s) in question are not sever, and do not evidence a pattern of repeat violations by a Licensee; and 4) the Licensee is willing to accept the penalties recommended by the Liquor Commissioner and waive the right to a hearing, to avoid the cost and expense thereof, the Liquor Commissioner and Licensee may elect to utilize a written agreement to resolve a proposed violation. Such agreement shall waive the Licensee’s a right to a hearing and shall impose a mutually acceptable fine and/or suspension or revocation of a license, and such other terms as the Liquor Commissioner and Licensee shall agree upon. Either party shall be free to reject the Agreed Violation Process and proceed to a formal hearing. The period of time when the parties are investigating the potential use of the Agreed Violation Process shall toll any Liquor Commissioner timelines for initiating a hearing or filing charges against the Licensee. (Ord. 14-007, 4-8-2014)