A. Notice Of Hearing: Whenever this chapter requires a hearing before the local liquor control commission or the local liquor control commissioner acts affirmatively concerning a license or licensee, the licensee shall be afforded reasonable notice of such hearing. Such notice shall be sent by certified mail, return receipt requested, or personal delivery to the address of the licensee contained on the liquor license application and shall state:
1. The time, place, and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
3. A reference to the particular sections of the ordinances or statute(s) involved.
4. A statement informing the licensee of his or her ability to respond by presenting evidence and argument.
B. Conduct Of Hearings:
1. A hearing required under this chapter shall be held in accordance with the following rules:
a. A hearing shall be held at a reasonable time, date and place.
b. No cause shall be heard earlier than three (3) days after receipt by a licensee of the notice required under this chapter.
c. A licensee may present evidence and argument.
d. The local liquor control commission may limit, but not prohibit, the presentation of evidence and argument. Evidence not admissible under the rules of evidence and privilege as applied in civil cases in the circuit courts of this state may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
2. Where a licensee has received the requisite notice under this chapter and fails to appear at a hearing, the local liquor control commission or local liquor control commissioner may act ex parte. The local liquor control commissioner may also have an informal hearing where the liquor license will not be affirmatively acted on at such hearing.
C. Decisions Of The Local Liquor Control Commission: Any decision, order or determination rendered by the local liquor control commission which affects the rights, duties or privileges of a licensee, shall be in writing and shall notify the licensee personally or by certified mail of the decision. Any such decision, order or determination may include an assessment of all costs, fees and expenses as determined by the local liquor control commissioner and the reimbursement to the village for all fees incurred, including attorney fees, as a result of the prosecution of the offending licensee.
D. Waiver: Compliance with any or all of the provisions of this chapter concerning procedure may be waived by written stipulation of all parties.
E. Continuances For Hearings:
1. A request for a continuance of any hearing in any matter before the local liquor control commission will not be allowed by the local liquor control commission unless for a good and valid reason in writing and unless made at least two (2) days prior to the date set for hearing.
2. The local liquor control commission may, in his discretion, grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance.
3. Any continuances requested by the licensee shall be contingent upon payment by the licensee of all costs, fees and expenses as determined by the local liquor control commission.
F. Appeals: Appeals from orders of actions of the local liquor control commission may be taken to the state of Illinois liquor control commission as provided by law.
G. Decision Of Appeal: Any appeal taken from a decision of the local liquor control commission shall be reviewed on the record taken by and prepared by a certified court reporter or certified shorthand reporter. (Ord. 89-04, 4-3-1989; amd. Ord. 02-31, 10-7-2002)