(A) Any license issued by the Local Liquor Control Commission may be revoked or suspended, and any licensee may be fined, if the Local Liquor Control Commission determines that the licensee has violated any of the following provisions:
(1) The licensee has violated any of the provisions of this chapter, any state law pertaining to the sale of alcoholic liquor, or any applicable rules or regulations established by the Local Liquor Control Commission or the State Commission;
(2) The licensee has violated any law of the state, any ordinances of the county or any ordinance of the City of Markham, which violation occurred as part of the operation of the licensee's business or upon the licensed premises or adjacent premises; and
(3) The licensee is more than 45 days delinquent on the payment of any debt to the city.
(B) No such license shall be so revoked or suspended, and no licensee shall be fined, except after a public hearing by the Liquor Control Commission in the manner hereinafter provided.
(C) License revocation and suspension hearings provided for hereunder shall be conducted by the Local Liquor Control Commissioner. All such hearings shall be held after not less than a three-day written notice to the licensee, served either personally, by posting on the premises, or by electronic or U.S. Mail, affording the licensee an opportunity to appear and defend.
(D) A court reporter shall be present at all hearings and shall record all proceedings. The cost of any copies of the record as transcribed by the court reporter which are desired by a party to the proceedings shall be paid for by that party.
(E) If the Liquor Control Commission has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, they may, upon the issuance of a written order stating the reason for such conclusions and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period. If such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to other business or businesses. However, this does not prohibit the issuance of a closure order pertaining to that conduct of the portion of the business unrelated to liquor sales where warranted and permitted by law.
(F) Upon the conclusion of any hearing, the Local Liquor Control Commission shall issue written findings and an order with respect to the evidence presented at the hearing. A copy of said findings and order shall be sent within five days of the termination of the hearing:
(1) By registered or certified mail to the licensee;
(2) Personally served upon the licensee; or
(3) If the licensee is represented by legal counsel, service may be to the licensee's legal counsel via electronic mail. If the Local Liquor Control Commissioner determines that the licensee is guilty of any violation charged, the order shall state the penalty to be imposed upon the licensee.
(Ord. 18-O-2200, passed 5-2-2018; Ord. 19-O-2245, passed 12-18-2019)