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A. Penalty: Any person violating any provision of this chapter may be fined not less than twenty five dollars ($25.00) nor more than 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. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Not more than fifteen thousand dollars ($15,000.00) in fines under this section may be imposed against any licensee during the period of its license. In addition to any other penalty, a licensee convicted of violating any provision of this chapter may be subject to having its license revoked, suspended or not renewed by the Commissioner.
Any licensee determined by the Village President to have violated any of the provisions of this chapter shall pay to the Village the costs of the hearing before the Village President on such violation. The Village President shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the Village or such lesser sum as the Village President may allow.
B. Revocation Or Suspension Of Local License; Notice And Hearing:
1. The Commissioner may revoke or suspend any license issued if the Commissioner determines that the licensee has violated any of the provisions of this chapter or any State law pertaining to the sale of alcohol. However, no such license shall be so revoked or suspended except after a public hearing by the Commissioner with at least three (3) days' prior written notice to the licensee, as provided in subsection C of this section, affording the licensee an opportunity to appear and defend. If the licensee fails to appear for such public hearing after receiving notice as provided in said subsection C of this section, a default judgment may be entered and the Commissioner may revoke or suspend the license. If the Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the Commissioner may, upon the issuance of a written order stating the reason for such conclusion, and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period; except, that if such licensee shall also be engaged in the conduct of another business on the licensed premises, such order shall not be applicable to such other business.
2. The Commissioner shall, as promptly as practicable, after such hearing, if the Commissioner determines after such hearing that the license should be revoked or suspended, state the reasons for such determination in a written order of revocation or suspension and shall serve copy of such order upon the licensee.
C. Method Of Notice: All notices herein required shall be in writing. The notice will be effective upon service by delivery of the notice personally to any agent of the licensee on the licensed premises and by mailing the notice by certified mail, return receipt requested, to the owner, if the licensee is an individual, to a partner, if the licensee is a partnership, or to the registered agent of the licensee, if the licensee is a corporation.
D. Appeal: In the event of an appeal from an order or action of the Local Liquor Control Commissioner to the State Liquor Commissioner, the appeal shall be limited to a review of the official records of the proceedings of the Commissioner. (Ord. G-570, 5-14-1996; Ord. G-603, 11-11-1997; Ord. G-636, 6-22-1999; Ord. G-670, 2-13-2001)