A. The Local Liquor Control Commissioner may revoke or suspend any license if he determines that the licensee has violated any of the provisions of Illinois State law or any ordinances or resolutions of the Village or any applicable rule established by the Local Liquor Control Commissioner or the Illinois Liquor Commission. In lieu of suspension or revocation, the Local Liquor Control Commissioner may instead levy a fine on the licensee for such violations. The fine imposed shall not exceed one thousand dollars ($1,000.00) for each violation; each day on which a violation continues shall constitute a separate violation. Not more than ten thousand dollars ($10,000.00) in fines under this Section may be imposed against any licensee during any license year. Proceeds from such fines shall be paid into the City's General Corporate Fund. The Local Liquor Control Commissioner may revoke or suspend a license if the subject premises are used for or become a place of congregation of undesirable persons or purposes.
B. No such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the Local Liquor Control Commissioner with a three (3) day prior written notice to the licensee affording the licensee an opportunity to appear and defend.
Notice of such hearing shall indicate the time and place of such hearing, the particular charge and a copy of this Section. Such notice shall be served by certified mail, return receipt requested, or by leaving a copy of said notice with the licensee or with a person at the licensee's licensed place of business. Notice shall be deemed made when served.
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, he may, upon the issuance of a written order stating the reason for such conclusion, and without notice or hearing, order the licensed premises closed for not more than ten (10) 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. If he determines, after such hearing, that the license should be revoked or suspended or that the licensee should be fined, the Local Liquor Control Commissioner shall, within five (5) days after such hearing, state the reason or reasons for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked, and serve a copy of such order within the five (5) days upon the licensee.
E. Any licensee determined by the Local Liquor Control Commissioner to have violated any of the provisions of Illinois State Law, or any ordinance or resolution of the Village, or any rule or regulation established by the Local Liquor Control Commissioner or the Illinois Liquor Commission, shall pay to the Village the cost of the hearing before the Local Liquor Control Commissioner on such violation. The Local Liquor Control Commissioner shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter fees, the costs of transcripts or records, attorney's fees, the cost of preparing and mailing or serving notices and orders and all other miscellaneous expenses incurred by the Village, or such lesser sum as the Local Liquor Control Commissioner may allow.
F. The licensee shall pay said costs to the Village within thirty (30) days of the notification of the costs by the Local Liquor Control Commissioner. Failure to pay said costs within thirty (30) days of notification is a violation of this Section, and may be cause for license suspension or revocation.
G. In the event of an appeal to the Illinois Liquor Control Commission, payment is due forty (40) days after entry of an order affirming the determination of the Local Liquor Control Commissioner.
H. A review of the decision of the Local Liquor Control Commissioner shall be as provided for in 235 Illinois Compiled Statutes 5/7-9 and shall be limited to a review of the official record of the proceedings of the Local Liquor Control Commissioner. (Ord. 300, 11-21-89)