A. Examination: The local liquor control commissioner shall have the right to examine, or cause to be examined, under oath, any licensee upon whom notice of revocation or suspension or fine has been served as provided by statute or this chapter, and to examine or cause to be examined the books and records of any such licensee; to hear testimony and take proof for his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the local liquor control commissioner under this section, he may authorize his agent to act on his behalf, as provided by statute.
B. Powers And Duties: The local liquor control commissioner shall have the following powers, functions and duties with respect to licenses issued hereunder:
1. To suspend for not more than thirty (30) days or revoke any local liquor license issued by him if he determines that the local liquor licensee has violated any ordinance, resolution or regulation enacted by the village or the licensee has violated any of the provisions of the liquor control act of 1934 or regulation adopted by the state of Illinois liquor control commission.
2. To levy a fine upon the licensee if he determines that the local liquor licensee has violated any ordinance, resolution or regulation enacted by the village or the licensee has violated any of the provisions of the liquor control act of 1934 or regulation adopted by the state of Illinois liquor control commission. The fine imposed shall not 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 upon which a violation continues shall constitute a separate violation. Notwithstanding the foregoing, no more than fifteen thousand dollars ($15,000.00) in fines may be imposed upon any licensee during the annual period of his or her license. All proceeds from such fines shall be paid into the general corporate fund of the village of South Barrington.
C. Hearing Procedure:
1. No local liquor license shall be revoked, suspended, and no licensee shall be fined except after a public hearing before the local liquor control commissioner or his or her designee with no less than a three (3) day written notice to the licensee setting forth the nature of the violation(s) alleged and affording the licensee an opportunity to appear and defend.
2. a. Open To Public; Record Of Proceedings: All such hearings shall be open to the public and an official record shall be made by a certified court reporter in attendance;
b. Motions To Be In Writing: All motions shall be in writing and shall be served upon the local liquor control commissioner at least one day prior to presentation;
c. Motion For Continuance: No motion for a continuance first made on the date of the hearing shall be granted unless by agreement of the parties and approved by the local liquor control commissioner or for good cause shown;
d. Disposition By Stipulation, Agreed Settlement, Consent Order, Or Default: Disposition of any matter brought before the local liquor control commissioner for hearing may be made by stipulation, agreed settlement, consent order, or default;
e. Reasons For Action; Service: If the local liquor control commissioner determines that the licensee is not liable for the offense charged or that the local liquor license shall be revoked or suspended and/or a fine imposed, the local liquor control commissioner shall state the reasons for such determination in a written order setting forth that the offense charged be dismissed or setting forth the period of suspension or that the license has been revoked and/or the amount of the fine imposed, as the case may be; and he shall serve a copy of such written order within five (5) days upon the licensee;
f. Emergency Closure: If the local liquor control commissioner has reason to believe that continued operation of any licensed premises presents an imminent threat to the welfare of the village, he may, upon the issuance of a written order stating the reason(s) for such conclusion and without notice or prior hearing, order the licensed premises closed for a period not to exceed seven (7) days. The local liquor control commissioner shall afford the licensee an opportunity to be heard during the seven (7) day period in accordance with the hearing procedures set forth herein.
g. Appeal Of Local Liquor Control Commissioner Decision: Any licensee aggrieved by a decision of the local liquor control commissioner may appeal that decision pursuant to the provisions of section 5/7-9 of the liquor control act 1 , provided, however, that any appeal of the proceedings for the imposition of a revocation or suspension and/or fine shall be limited to review of the official record of the proceedings before the local liquor control commissioner.
D. Use Of Premises After Revocation: When any local liquor license shall have been revoked for cause, no local liquor license shall be granted to any person or entity for the period of one year thereafter for the conduct of the sale of alcoholic liquor in the premises described in the order of revocation unless the local liquor control commissioner vacates the revocation order or unless the revocation order was entered as to the offending licensee only. (Ord. 2008-861, 7-10-2008)
Notes
| 1 | 1. 235 ILCS 5/7-9. |