(A) The Local Liquor Control Commissioner may revoke or suspend any license issued by him if he determines that cause exists for such revocation or suspension by reason that such licensee has:
(1) Violated any local ordinance or state law; or
(2) Violated any applicable rules or regulations established by the Local Liquor Control Commission or the State Commission; or
(3) Failed to pay any license fee or any tax imposed on alcoholic liquor or the sale thereof; or
(4) Been convicted on a felony charge under the laws of the state or the United States; or
(5) Been convicted of being the keeper of a house of ill-fame; or
(6) Been convicted for pandering or other crime or misdemeanor opposed to decency and morality; or
(7) Violated any of the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq., and/or Title 11 of the Illinois Administrative Code Subtitle D: Video gaming, Chapter 1: Illinois Gaming Board, Part 1800 Video Gaming (General), as amended, incorporated by reference in this Chapter; or
(8) Made any false, fraudulent or misleading statement in any application required by this chapter; or
(9) Filed any application required by this chapter that contains a false or fraudulently obtained signature; or
(10) Made any false, fraudulent or misleading statement to any officer, official, or employee of the Village.
(B) Notwithstanding the foregoing, however, no such license shall be revoked or suspended except after a public hearing before the Local Liquor Control Commissioner, on its own initiative with or without a citizen's complaint having been filed as set forth in § 110.76. Such hearing shall not commence sooner than three days after written notice shall have been personally served upon the licensee at the licensed premises, affording the licensee an opportunity to appear and defend. All proceedings before the said Local Liquor Control Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter.
(C) If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will threaten immediately the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order a licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period regarding the suspension or revocation of the license therefor.
(1) Such order shall contain notice of the date, time and place of the hearing thereon, which hearing shall commence not less than three nor more than seven days from the date of service, personally or by certified United States mail, of said notice upon the licensee or any employee thereof in charge of the licensed premises.
(2) If such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such initial closing order shall be not applicable to the other business or businesses.
(D) The Local Liquor Control Commissioner shall within five days after such hearing, if he 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 of revocation or suspension or fine and shall serve a copy of such order within the five days upon the licensee.
(E) In light of the fact that the President and Board of Trustees of the Village have heretofore adopted Resolution No. 3-93, in the event of any appeal from an order or action of the Local Liquor Control Commissioner, the appeal to the State Liquor Commission shall be limited to a review of the official record of the proceedings before said Local Liquor Control Commissioner. In such event the said Local Liquor Control Commissioner shall file with the State Liquor Commission the certified official record of the proceedings within five days after notice of the filing of such an appeal. The said State Commission shall review the propriety of the order or action of the said Local Liquor Control Commissioner on the said certified official record, and the State Commission shall consider the following questions:
(1) Whether the Local Liquor Control Commissioner has proceeded in the manner provided by law;
(2) Whether his order or action is supported by the findings; and
(3) Whether the findings are supported by substantial evidence in light of the whole record.
(Ord. 93-1834, passed 6-22-93; Am. Ord. 13-2942, passed 12-5-13; Am. Ord. 18-4061, passed 5-17-18) Penalty, see § 110.99