A. Maintenance Of Order:
1. Each licensee shall maintain a peaceful and orderly business premises. This shall be accomplished by establishing and maintaining the optimum precautions and actions that are practical to deter and prevent fighting. This is referred to as the "maintenance of order standard". The duty to prevent fighting shall be applicable both to precautionary and training matters and to the steps taken once a fight is in imminent danger of breaking out or a fight occurs. If a fight does occur, the local liquor control commissioner shall have the right to conduct a hearing to consider the circumstances surrounding the fight and to determine the extent to which the licensee failed to adhere to the "maintenance of order standard". At such a hearing, the local liquor control commissioner may consider the following matters, among others:
a. Prior incidents of reported or unreported fighting.
b. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the licensed premises.
c. Whether any participant was served by the licensee after the participant's intoxication should have been evident to the licensee.
d. Whether any participant was intoxicated and whether the licensee had an opportunity to effect that person's removal from the premises.
e. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent.
f. The actions of the licensee in reacting to the fight.
g. The extent and type of training given to the licensee's employees in such matters as recognizing intoxication, overserving and prevention of altercations.
h. Whether minors were involved in the fighting.
i. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight.
2. Considering all of the circumstances brought into evidence at the hearing, the local liquor control commissioner shall make a determination of whether the licensee violated the "maintenance of order standard". If it is determined that a violation occurred, the local liquor control commissioner may impose any penalty set forth in section 2-3-21 of this chapter, up to and including license revocation. (Ord. 1006, 11-4-2008)
B. Responsible For Proper Operation: The licensee, and his or its agents, officers and employees, shall at all times be personally responsible for the proper operation of the business including compliance with the provisions of this chapter and the observation of all laws and regulations applicable thereto. (Ord. 459, 12-21-1977)
C. Leaving Premises With Open Container Prohibited: No person shall leave a licensed premises with an open container of any alcoholic liquor. Any person removing an open container of any alcoholic liquor from a licensed premises shall be fined not less than one hundred dollars ($100.00). (Ord. 938, 2-6-2007)
D. Reporting Of Violations:
1. The licensee, or his agent or employee on the licensed premises, shall immediately notify the village police department when the licensee or his agent or employee on the licensed premises knows or in the exercise of ordinary judgment should know that a violation of federal, state, or local law or ordinance, including, but not limited to, disorderly conduct, battery, assault, fighting, indecent exposure, criminal damage to property, or unlawful loitering, is occurring or imminent or at such time when the licensee or his agent or employee on the licensed premises becomes aware of said violation, which involves any patron or conduct involving the business, upon the licensed premises, the accessory premises (including, but not limited to, the parking lot of the licensed premises), or public property adjacent to the licensed or accessory premises. For purposes of this subsection the word "immediate" shall refer to concurrently at such time when said violation of federal, state, or local law, or ordinance is imminent, occurring or at such time when the licensee or his agent or employee on the licensed premises becomes aware of said violation. The licensee shall cooperate with any law enforcement agency in the investigation and prosecution of such violation. In addition, within forty eight (48) hours, the licensee shall also file with the local liquor control commissioner a report on a form provided by the village containing the following information:
a. The number of the persons involved in the violation.
b. The approximate amount of alcohol consumed at the licensed premises by each person involved in the violation.
c. What action, if any, was taken by the licensee to prevent the violation.
d. What action, if any, was taken by the licensee subsequent to the start of the violation.
e. The licensee's opinion as to why the violation occurred.
2. Failure by the licensee to give immediate notification to the police department of a violation or failure to file a report as required in subsection D1 of this section shall subject the licensee to a fine of not less than one hundred dollars ($100.00) for a first offense, and for subsequent offenses a fine of not less than two hundred dollars ($200.00) and a possible suspension or revocation of the licensee's liquor license. (Ord. 1006, 11-4-2008)