A. Authority of Local Liquor Control Commissioner. The Local Liquor Control Commissioner may revoke, suspend or refuse to renew any license issued in this Village, and cause any fees paid on such license to be forfeited, for any violation of this chapter or any state law pertaining to the sale of alcoholic liquor, for the licensee's loss of eligibility for a license under any provision of this chapter or state law, for the violation of any applicable rules or regulations established by the Local Liquor Control Commissioner or the State Commission, for the failure to pay any license fee, for the failure to pay any state, local or other tax imposed on alcoholic liquor or the sale of alcoholic liquor, or whenever it shall be determined by the Local Liquor Control Commissioner that an officer, director or manager or other employee of any licensee under this chapter has violated any provision of this chapter while engaged in the course of his or her employment or while on the premises described in such license.
B. Hearing Required. Except as provided in this chapter, no liquor license shall be revoked or suspended except after a public hearing by the Local Liquor Control Commissioner or his or her designee.
C. Notice of Charges and Hearing. The licensee shall be given at least five (5) days written notice of the charges and hearing. The notice shall be issued by the Local Liquor Control Commissioner and shall be transmitted to the licensee at the licensed premises by personal delivery or by certified United States mail. The notices shall inform the licensee of the charges, the date, time and place of the hearing, whether the hearing will be conducted by the Local Liquor Control Commissioner or the Liquor Advisory Board, and the penalties being considered. The notice shall also inform the licensee of his right to appear and defend and to be represented by counsel at the hearing. The Local Liquor Control Commissioner, in the exercise of his or her discretion, may require the licensee to attend the hearing, in which case such requirement shall be included in the notice.
D. Record. All public hearings held pursuant to this section, whether conducted by the Local Liquor Control Commissioner or his or her designee, shall be hearings of record. The record shall be made by audio recording or, at the request and expense of the licensee, by a certified court reporter.
E. Recommendation of Liquor Advisory Board. The Local Liquor Control Commissioner shall not revoke a license or suspend a license for more than 15 days without first obtaining the written recommendation of the Liquor Advisory Board, which shall review the evidentiary record and confer with the Local Liquor Commissioner. The Liquor Advisory Board's recommendation shall be based on evidence in the record.
F. Order of Liquor Control Commissioner. All final orders following a hearing on the nonrenewal, suspension or revocation of a license shall be issued in writing and shall be based on written findings of fact supported by evidence in light of the whole record. The Local Liquor Control Commissioner shall have the authority and discretion to accept, reject or modify the recommendation of the Liquor Advisory Board, provided the final order shall state the Advisory Board's recommendation and the reasons for the Local Liquor Control Commissioner's final decision, all of which shall be based on the record as a whole.
G. Appeals. In the event that an appeal from the order is taken, review of the order shall be on the record. Within the time prescribed by applicable law, the Commissioner shall certify and file the official record of the proceedings, which shall include a certified transcript of the hearing,
H. Summary Suspension Procedure.
1. Except as provided in subsection I pertaining to Class C and Class X licenses, if the Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises threatens the welfare of the community, he or she may issue a written summary suspension order that orders a licensed premises to be closed for not more than seven (7) days pending a hearing on the suspension or revocation of the license for such licensed premises. The authority to issue a summary suspension order shall be subject to the following conditions:
a. The order shall state the reason for the Local Liquor Control Commissioner's conclusion that continued operation of the licensed premises threatens the welfare of the community.
b. At least two members of the Liquor Advisory Board shall consent in writing to the issuance of the order.
c. The order shall contain notice of the date, time and place of the hearing, which hearing shall commence not less than five (5) days nor more than seven (7) days from the date of service, either personally or by certified United States mail, of such notice upon the licensee or any employee of the licensee in charge of the licensed premises.
d. The notice shall contain all other information required by subsection C of this section.
e. If the licensee is also engaged in the conduct of another business or businesses on the licensed premises, the summary closing order shall not be applicable to such other business or businesses.
2. The hearing shall be held at the date, time and place and before the person or body set forth in such notice, and the licensee shall be given an opportunity to be heard.
3. If the hearing is conducted by anyone other than the Local Liquor Control Commissioner (the "hearing authority"), such hearing authority shall make its advisory report and recommendation to the Local Liquor Control Commissioner not later than five (5) days from the conclusion of the hearing.
4. The Local Liquor Control Commissioner shall promptly enter his or her final order upon receiving the advice and recommendation of the hearing authority or, if the hearing is conducted by the Local Liquor Control Commissioner, not later than five (5) days from the conclusion of the hearing.
I. Summary Suspension Procedure for Class C and Class X Licenses. If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular Class C or Class X licensed premises threatens the welfare of the community, he or she may, without notice or hearing, order the licensed premises closed.
1. The authority to issue a summary suspension order shall be subject to the following conditions:
a. The order shall state the reason for the Local Liquor Control Commissioner's conclusion that continued operation of the licensed premises threatens the welfare of the community.
b. The order shall be followed within five (5) days with a written statement outlining the reasons for the order and containing notice of the date, time and place of a hearing on such order, which hearing shall commence not less than five (5) days nor more than seven (7) days from the date of service, either personally or by certified mail, of such statement upon the licensee.
c. The notice shall contain all other information required by subsection C of this section.
2. The hearing shall be held at the date, time and place and before the person or body set forth in such notice, and the licensee shall be given an opportunity to be heard.
3. If the hearing is conducted by anyone other than the Local Liquor Control Commissioner (the "hearing authority"), such hearing authority shall make its advisory report and recommendation to the Local Liquor Control Commissioner not later than five (5)days from the conclusion of the hearing.
4. The Local Liquor Control Commissioner shall promptly enter his or her final order upon receiving the advice and recommendation of the hearing authority or, if the hearing is conducted by the Local Liquor Control Commissioner, not later than five (5) days from the conclusion of the hearing.
(Prior code § 35.28) (MC-3-2017, Amended, 03/21/2017; MC-6-2011, Amended, 12/20/2011; MC-4-2007, Amended, 04/17/07; MC-2-2006, amended Subsection A, 04/11/06; MC-10-2003, Amended, 06/03/2003; MC-6-2003, Amended, 05/20/2003; MC-9-2002, Added, 09/17/2002)