A. Revocation Or Suspension Of License: The local liquor control commissioner may revoke or suspend any license issued under this chapter for any violation of any of the provisions of this chapter or for any violation of any state or federal law pertaining to the sale of alcoholic liquor. Upon revocation or suspension of a license, the licensee shall not be entitled to any refund of any prepaid portion of the license fee. The local liquor control commissioner may also impose a fine and assess costs incurred by the village in connection with any violation of any of the provisions of this chapter or for any violation of any state or federal law pertaining to the sale of alcoholic liquor including proceedings related thereto.
B. Appeals: Whenever any order or action of the local liquor control commissioner granting or refusing to grant a license, imposing a fine or costs, revoking or suspending or refusing to revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license is appealed, the appeal shall be limited to a review of the official record of the proceedings of the local liquor control commissioner. (Ord. 774, 12-4-2000; amd. 2012 Code)
C. Hearings: Any hearing by the local liquor control commissioner or otherwise required by this chapter shall comply with the Illinois liquor control act of 1934; see, e.g., 235 Illinois Compiled Statues 5/7-5.
D. Violations: It is unlawful to violate any of the provisions of this chapter. In addition to any other remedy or penalty provided by law, the offender shall be subject to fine, costs and other penalties that may be provided for violation of the ordinances of the village. In the case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. (Ord. 774, 12-4-2000)
E. Penalties And Costs:
1. In the event that the local liquor control commissioner shall find a licensee guilty of violating any provision of this chapter, in addition to license suspension, he may order the licensee to pay to the village any one or more of the following: (Ord. 774, 12-4-2000; amd. 2012 Code)
a. A fine not to exceed one thousand dollars ($1,000.00) for a first violation within a twelve (12) month period, one thousand five hundred dollars ($1,500.00) for a second violation within a twelve (12) month period and two thousand five hundred dollars ($2,500.00) for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate offense 1 ;
b. Reasonable attorney fees incurred by the village and/or the liquor control commission; and
c. Reasonable costs, including court reporter fees incurred at the hearing.
2. The aforesaid remedies shall be in addition to all other remedies and penalties available to the village or the local liquor control commissioner, both at law or in equity and not in lieu thereof. Any penalties, costs or fees assessed under this subsection shall be payable upon the order of the commissioner unless notice of appeal has been filed by the licensee, in which case, payment is stayed until the final decision of a court of competent jurisdiction. (Ord. 774, 12-4-2000)
F. Public Nuisance Declared: In addition to any other remedy or penalty, every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful manufacture, distribution or sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any manner used in violation of this chapter, is hereby declared to be a public nuisance and shall be abated as provided by the laws of the state of Illinois. (Ord. 774, 12-4-2000; amd. 2012 Code)
Notes
| 1 | 1. 235 ILCS 5/7-5. |