For purposes of administrating and enforcing the provisions of this chapter and proposing amendments thereto to the board of trustees, the local liquor control commissioner may in his discretion hold public hearings at any time within the village concerning any matters embraced or which may be embraced within this chapter.
A. Public Hearings For License Suspension, Revocation Or Fines Against The Licensee: Except as otherwise provided for a class F catering license for a specifically identified event, a liquor license may be revoked or suspended, a fine imposed or a reprimand issued by the local liquor control commissioner only after a public hearing as follows:
1. No license shall be revoked or suspended, nor shall a fine be imposed or a reprimand issued except after a public hearing with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. It shall be deemed sufficient notice if the notice is sent by regular mail to the licensee's resident agent. A public hearing may be held by the local liquor control commissioner or by a hearing officer appointed by the local liquor control commissioner. If a hearing officer is used, the hearing officer shall present a written report and recommendation to the local liquor control commissioner within five (5) days after the public hearing.
2. Hearing procedures:
a. The licensee shall at all times be afforded due process including the right to subpoena witnesses in his own behalf, the right to hear witnesses and evidence given against him, the right to counsel, the right to cross examination, and the right to demand a written specification of the charges against him in advance of the hearing.
b. Witnesses shall be sworn and in all other respects the hearing shall be informal and strict rules of evidence shall not apply including rules prohibiting hearsay.
c. A certified court reporter shall be at the public hearing, take the complete record of all evidence, testimony and comments and upon notification by the local liquor control commissioner, prepare a certified official record of the proceedings suitable for filing with the state liquor control commission. All reviews of the local liquor control commissioner shall be "on the record" so that the state liquor control commission scope of review is limited to the following three (3) questions: 1) whether the local liquor control commissioner has proceeded in the manner provided by law; 2) whether the order is supported by the findings; and 3) whether the findings are supported by substantial evidence in light of the whole record. The cost in taking and preparing the certified official record of the proceedings shall be shared equally between the local liquor control commissioner and the licensee with payment of the licensee's share to be made at or before the time the local liquor control commissioner requests preparation of the certified official record of the proceedings.
3. No person shall make a false statement in any public hearing before the local liquor control commissioner or the hearing officer.
B. Reprimands, Fines, Suspensions Or Revocation: Within five (5) days after a public hearing has concluded, the local liquor control commissioner shall enter an order imposing a suspension, fine, revocation or reprimand against the licensee and state the reason or reasons for such determination and the amount of the fine, the period of suspension, the terms of the reprimand or that the license has been revoked and shall serve a copy of such order within five (5) days upon the licensee.
1. If a reprimand is imposed a copy of the reprimand shall be made a part of the liquor licensee's file with the village and be preserved by the village clerk. The reprimand may impose such conditions and restrictions on the licensee to prevent a similar violation by the licensee in the future.
2. Any fine imposed against a licensee shall not exceed one thousand dollars ($1,000.00) for a 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 in which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines may be imposed against any licensee during the period of his license. Fines shall be payable in the manner indicated in the order and failure to pay any fine as ordered may result in the license being summarily suspended or revoked by the liquor commissioner. Any fine not paid, may be collected in any manner as provided by law for a debt due to the municipality. It may also constitute a violation of this chapter.
3. Any suspension of a liquor license shall not exceed thirty (30) days.
4. An order revoking a license shall take effect from the entry of the order and the licensee shall immediately upon notice surrender the liquor license to the village, unless the licensee appeals the decision to the state liquor control commission.
5. In making the determination to reprimand, fine, suspend or revoke or in determining the amount of a fine imposed or the length of a suspension imposed, the local liquor control commissioner may consider any of the following:
a. The nature of the violation;
b. The record of the licensee with regard to violations;
c. Past action of the commissioner in comparable situations; and
d. The factual situation and circumstances surrounding the violation.
C. The Effect Of Revocation: When any license shall have been revoked for cause no license shall be granted to any person for the period of one year thereafter for the sale of alcoholic liquor from the premises described in the revoked license, unless the revocation order has been vacated or unless the revocation order was entered as to the licensee only.
D. Appeal To State Liquor Commission: The licensee after notice of the order imposed by the local liquor control commissioner shall have the right, according to law, within a twenty (20) day period after receipt of such order to appeal the order to the state liquor control commission. If the licensee files an appeal with the state liquor control commission and has no prior suspension or revocation, the licensee may continue to operate until the state liquor control commission has ruled on the licensee's appeal of the commissioner's order. If the licensee has a prior suspension or revocation within the proceeding twelve (12) month period, the licensee shall cease the sale of alcoholic liquor from the licensed premises pending the appeal. (Ord. 1292, 11-1-2016)