(A) The Commissioner may revoke or suspend any license issued by him or her if the Commissioner determines that the licensee has violated any of the provisions of the Illinois Liquor Control Act, this subchapter, or any other ordinance or resolution whatsoever enacted by the City Council, or any applicable rule or regulation established by the Commissioner or the State Commission which is not inconsistent with law.
(B) Upon any suspension or revocation of the state liquor license issued to any licensee, the local liquor license held by such licensee shall be automatically suspended or revoked accordingly.
(C) In addition to any suspension, the Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for a first violation within a 12 month period, $1,500 for a second violation within a 12 month period, and $2,500 for a third or subsequent violation within a 12 month period. Each day on which a violation continues shall constitute a separate violation. Not more than $15,000 in fines under this section may be imposed against any licensee during the period of his or her license. Proceeds from such fines shall be paid into the General Corporate Fund of the city.
(D) No such license shall be so revoked or suspended, and no licensee shall be fined, except after a public hearing by the Commissioner with a three day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the licensee fails to appear and defend after receiving written notice, a default order may be entered against such licensee, and the Commissioner may impose such penalties as may be deemed appropriate.
(E) Notwithstanding the provisions of divisions (A) through (D) of this section, if the Commissioner or his designee 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 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 or businesses on the licensed premises such order shall not be applicable to such other business or business.
(F) The Commissioner shall, within five days after any hearing required by this section, if he or she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension or that the license has been revoked, and shall serve a copy of such order within the 5 days upon the licensee.
(G) Whenever any license hereunder has been revoked as provided for in this section, the licensee shall incur a forfeiture of all monies that have been paid for said license.
(H) When any license shall have been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the retail sale of alcoholic liquor in the city, or for selling alcoholic liquor in the premises described in the revoked license unless the revocation order has been vacated, or unless the revocation order was entered as to the licensee only.
(I) Nothing in division (H) shall prohibit the issuance of 'a retail license authorizing the sale of alcoholic liquor incidental to 'a restaurant, in the discretion of the Commissioner, if: (1) the primary business of the restaurant consists of the sale of food, where the sale of liquor is incidental to the sale of food and the applicant is a completely new owner of the restaurant, (2) the immediately prior owner or operator of the premises where the restaurant is located operated the premises as a restaurant and held a valid retail license authorizing the sale of alcoholic liquor at the restaurant for at least part of the 24 months before the change of ownership, and (3) the restaurant is located 75 or more feet from a school, as measured form the nearest part of the school building to the nearest part of the restaurant building, and not to property boundaries.
(Ord. 02-44, passed 11-26-02)