(A) Upon a determination of a violation as provided in § 110.30, the Local Liquor Control Commissioner may impose a fine on a licensee as follows:
(1) A fine not to exceed $1,000 for a first violation within a 12-month period;
(2) A fine not to exceed $1,500 for a second violation within a 12-month period;
(3) A fine not to exceed $2,500 for a third violation within a 12-month period.
(B) (1) A fine may be imposed in addition to a suspension; or
(2) Upon a determination of violation as provided in § 110.30, the Local Liquor Control Commissioner may suspend any license issued by him or her for a period not to exceed 30 days; or
(3) Upon a determination of a violation as provided in § 110.30, the Local Liquor Control Commissioner may revoke any license issued by him or her. No licensee who has had a local liquor licensed revoked shall be eligible to renew its license or receive a new license for a period of one year following revocation or following an appeal in which the revocation is upheld, whichever occurs later.
(C) No licensee shall be fined and no license shall be revoked or suspended except after a public hearing by the Local Liquor Control Commissioner with a three-day written notice to the licensee affording the licensee the opportunity to appear and defend.
(D) The Local Liquor Control Commissioner shall within five days after such hearing render a written decision and order and shall, if he or she determines to impose a fine, suspension, or revocation, state the reason or reasons for such determination; the amount of the fine; the period of suspension; or that the license has been revoked. A copy of the written decision and order shall be served on the licensee within five days after it is rendered.
(E) A licensee may appeal any order of the Local Liquor Control Commissioner imposing a fine, imposing a suspension, revoking a local liquor license, or refusing to grant such a license, within 20 days of receipt or notice of such order, to the State Liquor Control Commission.
(F) Any appeal from a written decision and order or any action of the Local Liquor Control Commission shall be limited to a review of the official record of proceedings before the Local Liquor Control Commissioner (on the record appeal).
(G) The cost of all hearings and appeals shall be borne by the licensee. Costs shall include attorneys fees, court reporting fees, transcription costs, copying and reproduction costs, witness fees, filing fees, mailing or transmittal fees, and process serving fees.
(H) In the event of an appeal from the decision and order of the Local Liquor Control Commissioner, a certified record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the Local Liquor Control Commissioner within five days after the notice of filing of such appeal, provided the appellant pays for the cost of the transcript.
(Ord. 2020-02, passed 1-27-2020)