(A) The 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 this chapter, any applicable rule or regulations established by the Commissioner or the State Commission or any provision of the Act. In lieu of suspension or revocation, the Commissioner may instead levy a fine on the licensee for such violations as later provided in this chapter. No such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the Commissioner with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend. All hearings conducted before the Commissioner shall be conducted by a Hearing Officer and shall be of record. The Commissioner shall appoint said Hearing Officer from a list provided by the Village Attorney. The Hearing Officer shall be an attorney licensed to practice in the state and shall preside over hearings and shall make rulings concerning the admission of evidence and the manner in which the hearing is conducted subject to this chapter. The Hearing Officer shall make all decisions and rulings with respect to the parties’ rights to due process. The Hearing Officer may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or other evidence. No ruling of the Hearing Officer shall be appealable to the Commission. All hearings conducted before the Commission shall be recorded by a certified court reporter or a certified shorthand reporter. If the Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he or she 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 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.
(B) The Commissioner shall, within five days after such hearing, if he or she 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, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order within five days upon the licensee.
(C) (1) After receipt of such order of suspension or revocation, the licensee shall have a privilege, within a period of 20 days after receipt of such order of suspension or revocation, of appealing the order to the State Commission for a decision sustaining, reversing, or modifying the order of the Commissioner. The appeal shall be limited to a review of the official record of the proceeding before the Commissioner.
(2) If the State Commission affirms the Commissioner’s order to suspend or revoke the license at the first hearing, the appellant shall cease to engage in the business for which the license was issued, until the Commissioner’s order is terminated by its own provisions or reversed upon rehearing or by the courts.
(Ord. 2018-O-8, passed 3-20-2018)