A. Revocation, Suspension, And/Or Denial: The local liquor commissioner may, in accordance with the state liquor control act, revoke, suspend, or deny the renewal of any local liquor license issued under the provisions of this chapter and/or levy a fine on the licensee if it is determined that the licensee has violated any of the provisions of the state liquor control act, this chapter, or any other ordinance or resolution enacted by the village, or any applicable rules or regulations established by the local liquor commissioner or the Illinois liquor control commission, or any state or federal statute. However, no such license shall be revoked, suspended, or denied renewal, nor may a fine be levied except after a public hearing by the local liquor commissioner upon a three day written notice to the licensee affording the licensee an opportunity to appear and defend the charges contained in such notice. The three day notice provisions shall begin the day following delivery of notice to the licensee if delivered in person, or two days after such notice was deposited in the U.S. mail, it being conclusively presumed that such licensee shall have received such notice within two days after deposit in the U.S. mail.
B. Emergency Authority: If the local liquor commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the local liquor 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. If the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to such other businesses.
The local liquor commissioner shall, within five days after such hearing, if it is determined after such hearing that the local liquor license should be revoked, suspended, or denied renewal, or that the licensee should be fined, state the reason for such determination in a written order, including in such order the amount of the fine, period of suspension, or that the license has been revoked or denied renewal, and shall serve a copy of such order within the five days upon the licensee by depositing the copy of such order in the U.S. mail.
C. Appeal: Appeal of any decision of the local liquor commissioner shall be permitted to the extent, and shall be conducted in the manner, provided for in section 7-9 of the state liquor control act. Appeal of any decision of the local liquor commissioner regarding the nonrenewal of a license shall only be allowed if required by law, otherwise such decision of the local liquor commissioner shall be final and nonreviewable. Any licensee determined by the local liquor commissioner to have violated any of the provisions of the state liquor control act, or any ordinance or resolution of the village, or any rule or regulation established by the local liquor commissioner, or the Illinois liquor control commission, shall pay to the village the costs of the hearing before the local liquor commissioner on such violation. The local liquor commissioner shall determine the cost incurred by the village for the hearings, including, but not limited to: court reporter fees, the costs of transcripts or records, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the village.
The licensee shall pay said costs to the village within thirty days of notification of the costs by the local liquor commissioner. In the event of an appeal to the Illinois liquor control commission, and in cases where appeal is taken pursuant to the administrative review act, payment is due ten days after the entry of an order finally affirming the determination of the local liquor commissioner. Failure to pay said costs within ten days of notification is a violation of this section and may be cause for local liquor license suspension or revocation. In the event a local liquor license is revoked, the licensee shall forfeit all sums therefor paid to the village in connection with such local liquor license. (Ord. 3428, 5-14-2012)