A. Revocation: Licenses granted hereunder may be revoked by the President, acting as liquor commissioner for the violation of any part or portion of this chapter, or of the liquor control act, or of any valid resolution or ordinance enacted by the village, or of any applicable rule or regulation established by the commissioner, or any violation of the criminal code which occurs on the licensed premises or any violation of the criminal code which occurs off the licensed premises where said violation involves or relates to the sale or consumption of alcoholic beverages on the licensed premises. Licenses granted hereunder may be revoked upon the conviction of the licensee under the criminal code. Should any applicant for license make a false or fraudulent statement in such application, the same shall be cause for revocation by the commissioner of such license.
B. Suspension: Licenses granted hereunder may be suspended by the President, acting as liquor commissioner, for a period not exceeding ninety (90) days for the violation of any part or portion of this chapter, or of the liquor control act, or of any valid resolution or ordinance enacted by the village, or of any applicable rule or regulation established by the commissioner or by the state liquor control commission, or any violation of the criminal code which occurs on the licensed premises or any violation of the criminal code which occurs off the licensed premises where said violation involves or relates to the sale or consumption of alcoholic beverages on the licensed premises. During such period of suspension, no alcoholic liquor shall be sold on said licensed premises.
C. Emergency Suspensions: In the event of any violation of Village code or applicable state or federal law which presents an imminent threat to public safety, the President acting as liquor commissioner, the Chief of Police, or either of their designees may impose an emergency suspension of liquor licensure for a period not longer than ten (10) business days (with business days being defined as days that the Village's administrative offices are open for normal operations). Such suspension shall be effective by providing the licensee with written notification of an emergency suspension, and the date and time during which such suspension shall be in effect. It shall be unlawful to engage in the sale of alcoholic beverages during any such period of emergency suspension. The Village shall convene an emergency hearing within that ten-business day period to determine whether a nonemergency suspension should be implemented. Such emergency hearing shall be conducted by the Liquor Commissioner, Chief of Police or their designee, and shall be conducted for the sole purpose of determining whether the emergency suspension should be extended for a period not exceeding thirty (30) calendar days, for the conduct of hearings under subsection (D) of this Section.
D. Non-Emergency Suspension or Revocation: In the event that the Village determines that the non-emergency suspension or revocation of a liquor license is appropriate, the Village shall utilize the procedures outlined in this subsection to conduct a hearing to evaluate the same.
1. The hearing may be conducted by the President as Liquor Commissioner, a designee thereof, or a licensed administrative hearing officer.
2. The hearing shall be conducted during the Village's normal business hours, and the licensee shall be provided not less than two (2) business days' written notice of the date and time of the hearing, mailed to the licensed premises as indicated on the liquor license application.
3. The Licensee shall at all times be afforded due process including the right to subpoena witnesses in his own behalf, the right to hear witnesses and evidence given against him, the right to counsel, the right to cross-examination, and the right to demand a written specification of charges against him in advance of the hearing. Police reports or other official documentation of the Village shall be admissible in such a proceeding, without regard to any hearsay evidence limitations.
4. Witnesses shall be sworn, but in all other respects the hearings shall be informal and strict rules of evidence shall not apply.
5. A certified court reporter shall, at the public hearing take the complete record of all evidence, testimony and comments and, upon notification by the Liquor Commissioner, shall prepare a certified official record of the proceedings suitable for filing with the State Liquor Control Commission and that all reviews of the proceedings of the Village be recorded so that the State Commission's scope of review is based upon the verbatim transcript. The cost of taking and preparing the certified official record of the proceeding shall be paid by the Licensee, with payment of the cost to be made to the City at or before the time the Order of the Liquor Commissioner becomes effective, provided, however, if the Order action or decision of the Liquor Commissioner is reversed by the State Commission or a court of law, any such payment made by the Licensee shall be returned.
6. In the event that the hearing contemplated herein is conducted by a hearing officer, the hearing officer shall prepare a report of findings and submit the same to the Liquor Commissioner (with a copy to the licensee); the Liquor Commissioner shall thereafter make a final determination.
E. Fine: In addition to revocation or suspension of the liquor license by the President, acting as liquor commissioner, the liquor commissioner may fine any licensee up to one thousand dollars ($1,000.00), plus the village cost of prosecution, hearing officers and court reporters, and also including reasonable attorney fees, for each violation of any part or portion of this chapter, or of the liquor control act, or of any valid resolution or ordinance enacted by the village, or of any applicable rule or regulation established by the commissioner or by the state liquor control commission, or any violation of the criminal code which occurs on the licensed premises or any violation of the criminal code which occurs off the licensed premises where said violation involves or relates to the sale or consumption of alcoholic beverages on the licensed premises. If a fine is imposed in addition to a suspension, the period of suspension shall not start to run until the fine is paid in full (along with all costs as outlined above).
F. Agreed Resolution: In cases where: 1) the Liquor Commissioner and the Licensee agree and stipulate to the facts of a given violation, and agree that a violation has occurred; 2) the Liquor Commissioner and the Licensee agree that use of the Agreed Violation Process is appropriate, and are willing to execute a stipulation, settlement and waiver agreement so-indicating; 3) the violation(s) in question are not severe, and do not evidence a pattern of repeat violations by a Licensee; and 4) the Licensee is willing to accept the penalties recommended by the Liquor Commissioner and waive the right to a hearing, to avoid the cost and expense thereof, the Liquor Commissioner and Licensee may elect to utilize a written agreement to resolve a proposed violation. Such agreement shall waive the Licensee's right to a hearing and shall impose a mutually acceptable fine and/or suspension or revocation of a license, and such other terms as the liquor Commissioner and Licensee shall agree upon. Either party shall be free to reject the Agreed Violation Process and proceed to a formal hearing. The period of time when the parties are investigating the potential use of the Agreed Violation Process shall toll any Liquor Commissioner timelines for initiating a hearing or filing charges against the Licensee. (Ord. 2009-34, 10-5-2009; amd. Ord. 2020-O- 03, 1-20-2020)