(A) The Local Liquor Control Commissioner shall have the right to proceed by complaint and notice of hearing to require any licensee or manager under this Chapter to appear at a time and place specified in said notice to show cause why the license issued under this subchapter to said licensee by the Local Liquor Control Commissioner should not be suspended or revoked for violations of the provisions of this subchapter, rules or regulations adopted pursuant thereto or other applicable law.
(B) All such original proceedings shall be instituted by complaint in writing, shall state the particular provision, rule or regulation alleged to be violated and a general statement of the facts upon which such allegation is based and shall be signed by the Liquor Control Commissioner.
(C) The licensee against whom complaint has been filed shall be entitled to be served with a copy of the complaint and shall be given notice of the time and place set for the hearing of said complaint.
(D) Said complaint and notice of hearing shall be served on the licensee named therein, not less than three days prior to the date specified in said notice of hearing unless a different time limit is required under existing law, and if such is so required, notice shall be served in compliance with said time period. The licensee shall be given the opportunity to appear and defend.
(E) Said licensee named in said complaint and notice of hearing shall appear at the time and place designated in said notice of hearing and at such hearing shall have all protections and rights allowed under law from time to time; provided, however, the failure of the licensee to appear and/or defend shall not impair the power of the Local Liquor Commissioner to either suspend, revoke, or not renew the license for cause.
(F) The Local Liquor Control Commissioner shall within five days after such hearing, if he or she determines after such hearing that the license should be revoked, suspended or non-renewed, state the reason or reasons for such determination in a written order of revocation, suspension, or non-renewal, and shall serve a copy of the order within said five days upon the licensee.
(G) The licensee, after the receipt of the order of suspension or revocation shall have the privilege, within a period of 20 days after the receipt of such order of suspension or revocation, of appealing the order to the Illinois Liquor Control Commission. If and only if such right exists under Illinois law, the
licensee shall have the similar right to appeal any decision of non-renewal within said 20-day period to the Illinois Liquor Control Commission.
(H) The notice of hearing required hereunder shall be served on the licensee either personally or by registered or certified mail, return receipt requested. If served by certified or registered mail, the licensee shall be conclusively deemed to be served three calendar days after such notice was deposited in the United States mail.
(I) Different or additional procedures from those provided by this subchapter may be established from time to time governing complaints and hearings provided for herein upon being instituted by the Liquor Control Commissioner and approved by the Mayor and City Council.
(J) At such hearings regarding suspension or revocation, a verbatim record of the proceedings shall be made by a certified court reporter or certified shorthand reporter.
(2000 Code, § 5.08.220) (Am. Ord. 2014-03-0488O, passed 3-25-2014)