A. Right To Appeal: Any applicant aggrieved by the refusal of the village to issue a license or permit or by the revocation or suspension of a license or permit shall have the right to appeal the village decision to the liquor commission. Such appeal shall be requested by submitting a written request to the mayor within five (5) days of the action of the commissioner which is appealed and shall state the action that was taken and the reason the appeal is being requested.
B. Liquor Commission: The liquor commission shall consider the appeal within thirty (30) days after notice from the commissioner at which time the applicant shall be entitled to present his appeal orally or in writing. The liquor commission shall act on the appeal within seven (7) days of the hearing and shall either uphold the action of the commissioner or shall direct the issuance of a license or permit which the village has denied or the reissuance of a license or permit which the village had revoked. An official record shall be utilized and kept for hearings on appeal. In any case where a licensee appeals to the liquor commission from an order or action of the commissioner having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the liquor commission and the expiration of the time allowed for an application for rehearing.
C. Appeal: Except as provided in this section, any order or action of the commissioner levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license may, within twenty (20) days after notice of such order or action, be appealed by any resident of the village to the state liquor commission. In any case where a licensee appeals to the state liquor commission from an order or action of the commissioner having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the state liquor commission and the expiration of the time allowed for an application for rehearing.
If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application or, if the rehearing is granted, until the decision on rehearing.
In any case in which a licensee appeals to the state liquor commission a suspension or revocation by a commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the commissioner's action has been issued by the state liquor commission and shall cease all activity otherwise authorized by the license.
The state liquor commission shall expedite, to the greatest extent possible, its consideration of any appeal that is an appeal of the second or subsequent suspension or revocation within the past twelve (12) month period. The appeal shall be limited to a review of the official record of the proceedings of the commissioner and village board of trustees if the village has adopted a resolution requiring that such review be on the record. If such resolution is adopted, a certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the commissioner within five (5) days after notice of the filing of such appeal, if the appellant licensee pays for the cost of the transcript. The state liquor commission shall review the propriety of the order or action of the local liquor control commissioner and shall consider the following questions:
1. Whether the commissioner has proceeded in the manner provided by law; and
2. Whether the order is supported by the findings; and
3. Whether the findings are supported by substantial evidence in the light of the whole record.
The only evidence which may be considered in the review, shall be the evidence found in the certified official record of the proceedings of the local liquor control commissioner. No new or additional evidence shall be admitted or considered. The state liquor commission shall render a decision affirming, reversing or modifying the order or action reviewed within thirty (30) days after the appeal was heard. (Ord. 2011-06, 2-22-2011)