(A) The Local Liquor Control Commissioner or appointed Deputy Local Liquor Control Commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of the Liquor Control Act or any provision of this Code or any applicable rule or regulation established by the Local Liquor Control Commissioner or the Illinois Liquor Control Commission which is not inconsistent with law. In addition to any suspension or revocation, the Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner may levy a fine on the licensee. The fine imposed shall not exceed one thousand dollars ($1,000.00) for a first violation in a twelve (12) month period, one thousand five hundred dollars ($1,500.00) for a second violation in a twelve (12) month period and two thousand five hundred dollars ($2,500.00) for a third and subsequent violation in a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines may be imposed against any licensee during any license year.
(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 or Deputy Local Liquor Control Commissioner with a three (3) day prior written notice to the licensee affording the licensee an opportunity to appear and defend.
(C) If the Local Liquor Control Commissioner or Deputy 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 seven (7) 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) The Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner shall, within five (5) days after such hearing, if he 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 and/or the period of suspension or that the license has been revoked, and serve a copy of such order within five (5) days upon the licensee.
(E) Any licensee determined by the Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner to have violated any of the provisions of the Liquor Control Act, or any ordinance or resolution of the Village, or any rule or regulation established by the Local Liquor Control Commissioner or the Illinois Liquor Control Commission, shall pay to the Village the cost of the hearing before the Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner on such violation. The Local Liquor Control Commissioner or Deputy 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 fees; the cost of preparing and mailing 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 or Deputy 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, and in cases where appeal is taken pursuant to the Administrative Review Act, payment is due forty (40) days after entry of an order finally affirming the determination of the Local Liquor Control Commissioner.
(H) A review of the decision of the Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner shall be as provided for in section 7-9 of the Liquor Control Act of 1934 1 and shall be limited to a review of the official record of the proceedings of the Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner. (Ord. 13-O-33, 8-26-2013)
Notes
| 1 | 1. 235 ILCS 5/7-9. |