(A) The following parties shall have the right to file a complaint with the Commissioner stating that a liquor licensee has been or is violating any rules and regulations of the State Liquor Control Commission, any state statute regarding alcoholic liquor, or any provisions of this chapter:
(1) The State’s Attorney’s office;
(2) The Sheriff’s Department;
(3) Any law enforcement official; or
(4) Any resident of this county residing within the territory of the county outside the corporate limits of any incorporated city, town or village.
(B) The complaint shall be in writing in the form prescribed by the Commissioner and shall be signed and sworn to by the person making the complaint. The complaint shall state the provisions believed to have been violated and the facts in detail upon which this belief is based.
(C) If the Commissioner is satisfied that the complaint substantially charges a violation and that the alleged facts provide reasonable cause for such belief, then the Commissioner 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 charge(s) in the complaint.
(D) A presumption of a violation of the provisions of this chapter is created where evidence that the licensee has been found guilty of violating any of the following is presented:
(1) A state law in the conduct of a licensed business;
(2) A state law upon the premises; or
(3) Any provision of this chapter.
(E) Prima facie evidence of a violation of the provisions of this chapter is provided by evidence that any person other than the licensee has been found guilty of violating any of the following:
(1) A state law upon the premises; or
(2) Any provision of this chapter.
(F) Proof of a violation of any provision of this chapter by a clear preponderance of the evidence shall be sufficient cause for suspension or revocation of any license issued under this chapter, irrespective of whether or not a conviction has been obtained in any court.
(G) In all prosecutions under this chapter, it shall be sufficient to state that the act complained of took place in a territory where such sales were prohibited. It shall not be necessary to state or set forth facts alleging any of the following:
(1) The name(s) of any person to whom alcoholic liquor was sold;
(2) The kind of alcoholic liquor sold;
(3) A description of the premises where sold; and
(4) Knowledge of the principal (licensee) of acts committed by any agent or employee.
(1993 Code, § 70.54) (Ord. 93-09, passed 12-15-1993)
Statutory reference:
Act of agent or employee; liability of licensee, see 235 ILCS 5/10-3
Owner of premises permitting violation, see 235 ILCS 5/10-2