(A) The Winthrop Harbor Mayor may revoke or suspend any license if it is determined that the licensee has violated any state statute or any of the provisions of any ordinance or resolution of the village or any applicable rule or regulation established by the Village Board. However, no such license shall be revoked or suspended until after a public hearing by the Village Board with a written notice to the licensee affording the licensee a minimum of three business days in which to appear and defend. In all such hearings, the Village Attorney shall reduce, or cause to be reduced, all evidence to writing and shall maintain an official record of the proceedings. The Mayor shall, within five days after such hearing, state the reasons for the Village Board's determination in a written order of revocation or suspension and shall serve a copy of such order upon the licensee. The decision of the Village Board on any license suspension or revocation proceeding shall constitute a final administrative action and is subject to review in the courts under the Illinois Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101, et. seq.
(B) A license shall be suspended or revoked for any violation of this chapter after notice and opportunity to be heard as follows:
(1) In the case of a first violation, the licensee shall be fined not less than $200 and no more than $750 and shall be notified in writing of penalties levied for further violations. Each day that a violation continues shall constitute a separate violation.
(2) In the case of a second violation, the licensee shall be fined not less than $350 and no more than $750 and the tobacco license shall be suspended for not less than 30 consecutive business days nor more than 90 consecutive days. Tobacco retailers must remove all regulated products and accessories from public view while the license is suspended and all regulated product sales shall be suspended. Notice of the suspension shall be posted in plain view of the public at the licensee's premises.
(3) In the case of a third violation, the licensee shall be fined not less than $500 and no more than $750 and the tobacco license shall be suspended for not less than six months nor more than 18 months from the date of suspension and all regulated product sales shall be suspended. Tobacco retailers must remove all tobacco products and accessories from public view while the license is suspended.
(4) In the case of a fourth violation, the licensee shall be fined $750 and the license shall be revoked. All regulated products and accessories must be removed from all areas.
(C) Any licensee determined by the Village Board to have violated any of the provisions of this chapter shall pay to the village costs of the hearing on such violation. The village shall determine the costs of the hearing, including, but not limited to: court reporter's fees, attorney's fees incurred by the village, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the Village Board may allow, and such costs assessed shall be in addition to the fine imposed. Notice of the suspension shall be posted in plain view of the public at the licensee's premises.
(D) The licensee shall pay said costs to the village within 30 days of notification of the costs. Failure to pay said costs within 30 days of notification is a violation of this chapter and may cause the levy of an additional fine or revocation of license at the discretion of the Village Board.
(E) When any license shall have been revoked for any cause, no license shall be granted to such licensee for the period of six months thereafter for the sale of regulated products in the premises described in such revoked license.
(F) While it shall not be a defense to an action brought under this section that the retailer's employee conducted the unlawful sale or transaction, the Village Board may, in its discretion, direct prosecution of an ordinance violation case against that employee in lieu of taking formal action on the establishment's license and licensee.
(Ord. 2018-O-20, passed 12-4-18) Penalty, see § 126.99