(A) Except as provided in this section, any order or action of the Local Liquor Control Commission in levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than 30 days to grant a hearing upon a complaint to revoke or suspend a license may, within 20 days after notice of such order or action, be appealed by any resident of the village or any person interested, to the state’s Liquor Control Commission in accordance with state law and the Commission’s rules and regulations.
(B) In any case where a licensee appeals to the state’s Liquor Control Commission from an order or action having the effect of suspending or revoking a license, denying a renewal application or refusing to grant a license, the licensee may resume the operation of the licensed business pending the decision of the state Liquor Control Commission and the expiration of the time allowed for an application for rehearing. If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application or, if the rehearing is granted, until the decision on rehearing. In any case in which a licensee appeals to the state’s Liquor Control Commission a suspension or revocation that is the second or subsequent suspension or revocation imposed on that licensee within the preceding 12-month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the Local Liquor Control Commission’s action has been issued by the state’s Liquor Control Commission and shall cease all activity otherwise authorized by the license.
(C) The appeal authorized by this section shall be limited to a review of the official record of the proceedings of the Local Liquor Control Commission. A certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the Local Liquor Control Commission within five days after notice of the filing of such appeal, if the appellant licensee pays for the cost of the transcript.
(Ord. 06-101, passed 4-17-2006)