(A) Owner of premises permitting violation. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of the premises, or the agent of the owner or person shall knowingly permit the licensee to use the licensed premises in violation of the terms of this chapter, the owner, agent or other person shall be deemed guilty of a violation of this chapter to the same extent as the licensee and be subject to the same punishment.
(B) Acts of agent or employee; liability; knowledge. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee, shall be deemed and held to be the act of the employer or licensee, and the employer or licensee shall be punishable in the same manner as if the act or omission had been done or omitted by him or her personally.
(C) Revocation of license after conviction. Whenever any licensee shall be convicted of any violation of this chapter, the license of the licensee may, in the discretion of the Mayor, be revoked and forfeited and all fees paid thereon shall be forfeited, and it shall thereafter be unlawful and shall constitute a further violation of this chapter for the licensee to continue to operate under the license.
(D) Revocation of license when employee convicted. Whenever any officer, director, manager or other employee in a position of authority of any licensee under this chapter shall be convicted of any violation of this chapter while engaged in the course of his or her employment or while upon the premises described by the license, the license shall be revoked and the fees paid thereon forfeited both as to the holder of the license and as to the premises if the licensee had himself or herself been convicted.
(E) Misbranding. Any person who shall knowingly possess, sell or in any way dispose of any alcoholic liquor under any other than the proper name or brand known to the trade as designating the kind and quality of the contents of the package or other containers of the alcoholic liquor, or who shall cause any such act to be done, shall forfeit to the state the alcoholic liquor and the packages and containers, and shall be subject to the punishment and penalties provided for violation of this chapter.
(F) Abatement of place used in violation. 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 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 other manner used in violation of any of the provisions of this chapter is hereby declared to be a public nuisance and shall be abated as provided by the laws of this state for the abatement of public nuisances.
(G) Revocation of licenses.
(1) The Local Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses granted under this chapter.
(a) In addition to and not limited by the specific penalties set out for violations of specific articles of this chapter, the Local Liquor Control Commissioner may suspend for 30 days or revoke any liquor license issued under this chapter for any state law pertaining to the sale of alcoholic liquors by any licensee, his or her agent, servant or employee.
(b) The Local Liquor Control Commissioner may suspend or revoke any liquor license if the licensee makes any false statement or misrepresentation in the application for a license.
(c) The Local Liquor Control Commissioner may enter or authorize any law enforcing officer to enter at any time upon any premises licensed to determine whether any of the provisions of this chapter or the laws of the state pertaining to the sale of alcoholic liquor have been or are being violated at such time to examine the premises of the licensee in connection therewith.
(d) Any five residents of the village shall have the right to file a complaint with the Local Liquor Control Commissioner, stating that any licensee under this chapter has been or is violating the provisions of this chapter or any amendments hereto, or of any of the statutes of the state, enacted with reference to the control of liquor. The complaint shall be in writing and shall be signed and sworn to by the parties complaining.
(2) The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which the belief is based. If the Local Liquor Control Commissioner is satisfied that the complaint substantially charges a violation, and that from the facts alleged, there is reasonable cause for the belief, he or she shall set the matter for hearing, and shall serve notice upon the licensee of the time and place of the hearing and of the particular charges in the complaint.
(Ill. Rev. Stat., Ch. 43, § 112)
(H) Revocation or suspension of local license; notice and hearing.
(1) The Local Liquor Control Commissioner may revoke or suspend any license issued by him or her if he or she determines that the licensee has violated any of the provisions of the Illinois Liquor Control Act, being ILCS Ch. 235, Act 5, §§ 1-1 et seq., or any valid ordinance or resolution enacted by the County Board or any applicable rule or regulation established by the Local Liquor Control Commissioner or the State Commission which is not inconsistent with law. However, no such license shall be so revoked or suspended, except after a public hearing by the Local Liquor Control Commissioner with a three-day written notice to the licensee, affording the licensee an opportunity to appear and defend.
(2) The service of the notice may be made by leaving a copy of the notice at the place of business of the licensee with some person over the age of 15 years, and informing such person of the contents of the notice. The return of the County Sheriff as to the manner of service shall be sufficient. On the day set for hearing, if the licensee does not appear at the time and place designated in the notice, the Local Liquor Control Commissioner may proceed to hear the case, the same as if the licensees were present and to render a decision on the merits of the case.
(3) The Local Liquor Control Commissioner shall, within five days after the hearing, if he or she determines after the hearing that the license should be revoked or suspended, state the reason or reasons for the determination in a written order of revocation or suspension and shall serve a copy of the order within the five days upon the licensee. The findings of the Commissioner shall be predicated upon competent evidence.
(1994 Code, § 21-4-8)