(A) The Local Liquor Control Commissioner may revoke or suspend any retail liquor dealer’s license if the licensee or any of his or her agents or employees:
(1) Commit any violation of federal law, this chapter, the state’s Liquor Control Act of 1934, being 235 ILCS 5/1-1 et seq., or any rules or regulations established by the Local Liquor Control Commission or the state’s Liquor Control Commission;
(2) Willfully makes any false statement as to a material fact ir the application for a retail liquor dealer’s license or a renewal thereof;
(3) Permits any disorderly conduct or immoral practices upon the licensed premises;
(4) Permits any person other than the named licensee to create an alcoholic liquor business under such license; or
(5) Fails to comply with the Building Code of the village.
(B) No retail liquor dealer’s license shall be revoked or suspended and no licensee shall be fined except after a public hearing by the Local Liquor Control Commission with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend the charges against him or her. All hearings shall be open to the public, and the Local Liquor Control Commission shall reduce all evidence to writing and shall maintain a certified official record of the proceedings to be taken and prepared by a certified court reporter or certified shorthand reporter. If the Local Liquor Control Commission has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, it 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 the licensee is also engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to the other business or businesses. If the Local Liquor Control Commission determines after the hearing that the license should be revoked or suspended or that the licensee should be fined, he or she shall within five days after the 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determination in a written order, and either the amount of the fine, the period of suspension or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee.
(C) The Local Liquor Commissioner may appoint a Deputy Commissioner to serve in his or her absence with all the powers afforded the Liquor Commissioner.
(D) (1) The Local Liquor Control Commission may revoke or suspend any license issued hereunder if it determines that the licensee has violated any of the provisions of the Video Gaming Act (230 ILCS 40/1 et seq.) and/or Title 11 of the Ill. Adm. Code Subtitle D: Video Gaming, Chapter 1: Illinois Gaming Board, part 1800 Video Gaming (General), as amended, incorporated by reference in this chapter. No such license shall be revoked or suspended for more than 30 days and no license shall be fined, except after public hearing by the Local Liquor Commission with a three-day written notice to the licensee affording the licensee opportunity to appear and defend.
(2) If the Local Liquor Control Commission has reason to believe that any continued operation of a particular licensed premises will in any way threaten the welfare of the village, it 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 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.
(3) The Local Liquor Control Commission shall, within five days after such hearing, if it 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 the suspension or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee. The licensee shall have the privilege, within a period of 20 days after receipt of such order of fine, suspension or revocation, of appealing the order to the state’s Liquor Control Commission and upon the filing of such an appeal by the licensee, the state’s Liquor Commission shall determine the appeal upon the certified record of proceedings of the Local Control Commission in accordance with state law.
(Ord. 06-101, passed 4-17-2006; Ord. 13-102, passed 3-4-2013) Penalty, see § 113.99