(A) (1) The Mayor shall be the local Liquor Control Commissioner and may suspend for not more than 30 days or revoke any license issued pursuant to this chapter, or impose a fine in an amount not to exceed that authorized by § 7-5 of the Dram Shop Act of the state (ILCS Ch. 235, Act 5, § 7-5), as amended from time to time, if the Mayor, as Liquor Commissioner, determines the licensee has violated the provisions of this chapter or of the Dram Shop Act of the state (ILCS Ch. 235, Act 5, §§ 1-3 et seq.) or any valid code of the city, or any applicable rule or regulation established by the Liquor Control Commission of the state commission which is not inconsistent with law. In addition to the suspension, the local Liquor Control Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for each violation; each day on which a violation continues shall constitute a separate violation. Not more than $10,000 in fines under this section may be imposed against any licensee during the period of this license. Proceeds from such fines shall be paid into the general corporate fund of the City Treasury.
(2) No such suspension, revocation or fine shall be effective until a public hearing has been conducted by the local Liquor Control Commission for which hearing the licensee has been given three days prior notice which affords the licensee an opportunity to appear and defend; provided, however, that, if the local Liquor Control Commissioner has reason to believe that the continued operation by the licensee under his or her license will immediately threaten the welfare of the community, the local Liquor Control Commissioner may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, suspend such license and order the licensee to cease the retail sale of alcoholic liquor for a period of not more than seven days; provided, the licensee is afforded an opportunity to be heard during that period at a hearing conducted by the local Liquor Control Commission. If a person whose license is suspended or revoked pursuant to this subsection is also engaged in the operation of another business or businesses on the premises for which such license had been issued, such revocation or suspension shall not be applicable to such other business or businesses.
(B) The local Liquor Control Commissioner shall, within five days following any hearing conducted pursuant to division (A) above, make a written determination that the license should be revoked or suspended or a fine imposed, or that such revocation, suspension or fine should be denied; and if the local Liquor Control Commissioner determines, after such hearing, that the license should be revoked or suspended or a fine should be imposed, such written determination shall also state the reason or reasons for such determination. A copy of such written determination shall be served upon the licensee within five days of the date of which such written determination is made by delivering such copy to or posting such copy at the premises described in the license.
(C) Upon the entry of an order suspending or revoking a license or imposing a fine pursuant to division (B) above, the licensee shall have all rights to appeal such order as are allowed by state law.
(D) Any five residents of the city shall have the right to file a complaint with the Mayor, stating that any licensee under this chapter has been or is violating the provisions of this chapter, or any amendments hereto, or any of the statutes of the state enacted with reference to the control of liquor. Such complaint shall be in writing and shall be signed and sworn by the parties complaining. The complaint shall state the particular provisions, rule or regulation believed to have been violated and the facts in detail upon which such belief is based. If the Mayor is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he or she shall set the matter for hearing to suspend or revoke such license, as the Mayor determines appropriate, in accordance with divisions (A) through (C) above, and shall serve notice upon the licensee of the time and place of such hearing and of the particular charges in the complaint.
(1999 Code, § 116.20) (Ord. 1534, passed 3-30-1992)
Statutory reference:
State requirements and municipal authorization, see ILCS Ch. 235, Act 5, § 7-5