(A)   The Local Liquor Control Commissioner may, in accordance with law and the provisions of the Liquor Control Act, revoke or suspend any license issued under the authority of the Local Liquor Control Commissioner, and shall impose a fine against any licensee in the amount of $1,000 per violation, absent good and sufficient cause shown for any reduction in such fine, if the Commissioner determines that the licensee has violated any provisions of said Act, state law, any municipal ordinance or resolution, or any applicable rule or regulation established by the Liquor Control Commissioner which is not inconsistent with law. For the purposes of this section, every licensee shall be deemed responsible for the unlawful acts of its agents or employees whether or not such licensee knowingly permits or has actual knowledge of such unlawful acts. For any subsequent violation of any provision of the Liquor Code by the same licensee within a 12-month period, the fine imposed for such subsequent violations shall be as follows: for the second violation in a 12-month period, a fine not to exceed $1,500; for the third and subsequent violations in a 12-month period, a fine not to exceed $2,500. Each day on which a violation continues shall constitute a separate violation. Not more than $15,000 in fines may be imposed against any licensee during the period of his or her license. Proceeds from any fines shall be paid into the general corporate fund of the village.
   (B)   (1)   Except as provided in division (C) below, no license shall be revoked or suspended, and no licensee fined, except after a public hearing before the Local Liquor Control Commission, with no less than a three-day written notice to the licensee, affording the licensee an opportunity to appear and defend. The notice shall apprise the licensee of the nature of the violation and the date, time and location of the preliminary hearing; however, the notice of violation may be amended during the preliminary hearing or any subsequent hearing to conform the charges to the evidence presented. Notice shall be served either by certified mail, return receipt requested, or by the South Elgin Police Department. A record of the hearing shall be made by a certified court reporter, and all witnesses shall testify under oath administered by the Local Liquor Control Commissioner.
      (2)   At the preliminary hearing, the licensee may stipulate to the violation or may request a full hearing on the merits. Any requested full hearing shall be scheduled at such date and time as the Local Liquor Control Commission shall find convenient, and may schedule such a hearing during the business day or during reasonable evening hours, and written notice of such date and time provided to the licensee no less than three days prior to the date of the full hearing. The Local Liquor Control Commissioner shall serve as the hearing officer and rule upon questions of evidence and procedure. The Local Liquor Control Commissioner shall rule upon objections and evidentiary questions, with the understanding that such rulings must be consistent with fundamental fairness, but need not be in strict compliance with the Illinois Supreme Court, Illinois Code of Civil Procedure, or any local rules of evidence governing a civil judicial trial in the State of Illinois.
   (C)   If the Local Liquor Control 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 Control Commissioner may, upon the issuance of a written order, order the 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.
   (D)   The Local Liquor Control Commission shall, within three days of the hearing, submit findings and recommendations to the Local Liquor Control Commissioner setting forth the Commission’s conclusions regarding the existence and nature of any violation of the Village Code and recommending the appropriate disciplinary action to be taken, if any. Not later than five days after the hearing, the Local Liquor Control Commissioner shall enter a written order setting forth his or her findings, the reasons for such determination, and the discipline to be imposed, if any, and shall serve a copy of such order upon the licensee within five business days.
   (E)   The following provisions of the Liquor Control Act, ILCS Ch. 235, Act 5, are incorporated herein by reference and made a part of this chapter: §§ 7-7, 7-9, 7-12, and 7-13. Review of decisions of the Local Liquor Control Commissioner shall be as provided for ILCS Ch. 235, Act 5, § 7-9.
   (F)   When any license has been revoked for any cause, no license shall be granted to any person for the period of one year thereafter for the conduct of the business of manufacturing, distributing, or selling alcoholic liquor in the premises described in such revoked license, unless the revocation order has been vacated or unless the revocation order was entered as to the licensee only.
(Ord. 2019-39, passed 11-4-19)
Statutory reference:
   Similar provisions, ILCS Ch. 235, Act 5, § 7-5