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(A) Generally. In addition to other grounds specified in this chapter, the Liquor Commissioner, upon the complaint of the State Department of Revenue, may refuse the issuance or renewal of a retail license, or suspend or revoke such license, for any of the following violations of the Retailers’ Occupation Tax Act, as amended:
(1) Failure to make a tax return;
(2) The filing of a fraudulent return;
(3) Failure to pay all of or part of any tax or penalty finally determined to be due;
(4) Failure to keep books and records;
(5) Failure to secure and display a certificate or subcertificates of registration; and/or
(6) Willful violation of any rule or regulation of the State Department of Revenue relating to the administration and enforcement of tax liability.
(B) Complaint of violation; hearing. Any five residents of the village shall have the right to file a complaint with the Liquor Commissioner that a licensee has been or is violating the provisions of this chapter or the Liquor Control Act or the rules or regulations issued pursuant thereto. Such complaint shall be in writing in the form prescribed by the Liquor Commissioner and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the Liquor Commissioner 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 and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint.
(Prior Code, § 110.024) (Ord. 93-014, passed 5-24-1993)
(A) The Liquor Commissioner may revoke or suspend any license if he or she determines that the licensee has violated any of the provisions of this chapter or of any valid ordinance or resolution enacted by the Village Board or any applicable rule or regulations established by the Liquor Commissioner or the State Commission which is not inconsistent with law. In lieu of suspension or revocation, the Liquor Commissioner may instead 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 his or her license. Proceeds from such fines shall be paid into the General Corporate Fund of the village.
(B) However, no such license shall be so revoked or suspended and no licensee shall be fined, except after a public hearing by the Liquor 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 Liquor Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Liquor Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he or she 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 businesses.
(C) The Liquor Commissioner shall, within five days after such hearing, 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 five days upon the licensee.
(D) The licensee, after the receipt of such 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 State Commission for a decision sustaining, reversing or modifying the order of the Liquor Commissioner. If the State Commission affirms the Liquor Commissioner’s order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued, until the Liquor Commissioner’s order is terminated by its own provisions or reversed upon rehearing or by the Courts.
(Prior Code, § 110.025) (Ord. 93-014, passed 5-24-1993)
When any license has been revoked for any cause, no license shall be granted to any person for a period of one year thereafter for the conduct of the business of manufacturing, distributing or selling alcoholic liquor in the premises described in the revoked license, unless the revocation order has been vacated or unless the revocation is entered as to the licensee only.
(Prior Code, § 110.027) (Ord. 93-014, passed 5-24-1993; Ord. 99-046, passed 10-4-1999)
(A) Any person other than a licensee violating any provision of this chapter shall, upon conviction, be fined not less than $250, nor more than $750, for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(B) A licensee violating any provision of this chapter may be fined by the Liquor Commissioner in lieu of suspension or revocation. The fine shall not exceed $1,000 for each such violation. Each day on which the violation occurs 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 the licensee’s license.
(C) Proceeds of fines imposed by the Liquor Commissioner shall be paid into the Village Treasury.
(Prior Code, § 110.028) (Ord. 93-014, passed 5-24-1993)