In any case in which a licensee appeals to the Illinois Liquor Control Commission a suspension or revocation by the Liquor Control Commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the Liquor Control Commissioner’s action has been issued by the Illinois Liquor Control Commission and shall cease all activity otherwise authorized by the license. The Illinois Liquor Control Commission shall expedite, to the greatest extent possible, its consideration of any appeal that is an appeal of a second or subsequent suspension or revocation within the past twelve (12) month period.
Any five (5) residents of the County shall have the right to file a complaint with the Liquor Control Commissioner, stating that a licensee under this Code has been or is violating the provisions of this Code, the Act or any rules or regulations issued thereunder. Such complaint shall be made in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which such belief is based. If the Liquor Control Commissioner is satisfied that the complaint substantially charges a violation, and that from the facts alleged, there is reasonable cause for such belief, the matter shall be set for hearing, and shall serve notice upon the licensee of the time and place of such hearing and of the particular charges in the complaint.
Every lot, parcel or tract of land, and every building, structure, tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever, together with all furniture, fixtures, ornaments and machinery located thereon, wherein there shall be conducted any unlawful sale of any alcoholic liquor, or whereon or wherein there shall be kept, stored, concealed or allowed any alcoholic liquor intended for illegal sale or to be sold, disposed of or in any other manner used in violation of any of the provisions of this Code, is hereby declared to be a public nuisance and shall be abated as provided by the laws of this State for the abatement of public nuisances.
Whenever an officer, director, manager, or other employee in a position of authority of any licensee shall be convicted of any violation of this Chapter while engaged in the course of their employment or while upon the premises described by the license, the license shall be revoked and the fees paid thereon forfeited, both as to the holder of the license and as to the premises, as if said licensee had himself been convicted.
Whenever any licensee shall be convicted of any violation of this Chapter, the license of said licensee may, in the discretion of the Liquor Control Commissioner be revoked and forfeited and all fees paid thereon shall be forfeited, and it shall thereafter be unlawful and shall constitute a further violation of this Chapter for said licensee to continue to operate under such license.
If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person shall knowingly permit the licensee to use said licensed premises in violation of the terms of this Chapter, said owner, agent or other person shall be punishable in the same manner and to the same extent as if the act or omission had been performed or omitted by said owner, agent or other person personally.
Every act or omission constituting a violation of this Chapter or the Act by any officer, director, manager, member or other agent or employee of the licensee shall be deemed to be an act of the licensee. The licensee shall be punishable in the same manner and to the same extent as if the act or omission had been performed or omitted by the licensee personally.
In addition to any other penalties imposed by this Chapter, any person who violates any provision of this Chapter shall be guilty of a petty offense and fined not more than One Thousand Dollars ($1,000.00). (Ord. No. 2010-11; 05–04–10)
Appeal of any order of the Liquor Control Commissioner shall be as provided in the Act; provided, however, appeal shall be limited to a review of the official record of the proceedings. The official record shall be a certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter. A copy of this record shall be filed by the Liquor Control Commissioner within five (5) days after notice of the filing of such appeal is received by the County from the Illinois Liquor Control Commission.
The following shall apply to any hearing held pursuant to this Chapter:
(A) Any hearing conducted before the Liquor Control Commissioner shall be open to the public and shall be held at a reasonable time, date and place;
(B) The Liquor Control Commissioner shall have the power to issue subpoenas for witnesses, to place witnesses under oath and to rule on objections, to conduct the hearing in an efficient manner, to dismiss charges to impose fines, suspensions and revocations;
(C) A party to the hearing may present evidence and argument;
(D) The Liquor Control Commissioner may limit, but not prohibit, the presentation of evidence and argument;
(E) The State’s Attorney shall have the burden of proving by a preponderance of the evidence the charges alleged against the licensee;
(F) A licensee may be represented by an attorney licensed to practice law in this State;
(G) The hearing shall be informal and strict rules of evidence shall not apply;
(H) The Liquor Control Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. Such record shall be made by a certified court reporter or certified shorthand reporter;
(I) The Liquor Control Commissioner may grant a continuance for good cause shown;
(J) The Liquor Control Commissioner may issue an ex parte judgment where the licensee has received notice as required under this Chapter and fails to appear at the hearing; and
(K) The Liquor Control Commissioner shall, within five (5) days after such hearing, if it determines after such hearing that the license should be revoked, suspended and/or fined, state the reason or reasons for such determination in a written order of revocation, suspension and/or fine and shall serve a copy of such order within the five (5) days upon the licensee. The findings of the Liquor Control Commissioner shall be predicated upon competent evidence.
Whenever this Chapter requires a hearing before the Liquor Control Commissioner or the Liquor Control Commissioner acts affirmatively concerning a license or licensee, the licensee shall be afforded reasonable notice of such hearing. Such notice shall include the following:
(A) The time, place, and nature of the charge;
(B) The date when the appearance of the licensee is required before the Liquor Control Commissioner;
(C) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(D) A reference to the particular sections of this Chapter at issue; and
(E) A statement informing the licensee of his ability to respond by presenting evidence and argument.
No license issued under this Chapter shall be revoked or suspended and no licensee shall be fined except after a public hearing by the Liquor Control Commissioner with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend; provided, however, if the Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community the Liquor Control Commissioner 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.
In addition to, or in lieu of, a suspension or revocation of any license issued under this Chapter, the Liquor Control Commissioner may levy a fine on the licensee upon a determination that the licensee has violated any provision of this Chapter, the Act, the Code or any applicable rule or regulation established by the Liquor Control Commissioner or by the Illinois Liquor Control Commission. The fine imposed for a violation shall not exceed One Thousand Dollars ($1,000.00). Each day on which a violation continues shall constitute a separate violation. Proceeds from fines levied under this Chapter shall be paid to the general fund of the County. (Ord. No. 2010-11; 05–04–10)
The Liquor Control Commissioner may revoke or suspend any license issued under this Chapter upon a determination that the licensee has violated any provision of this Chapter, the Act, the Code or any applicable rule or regulation established by the Liquor Control Commissioner or by the Illinois Liquor Control Commission. A period of suspension may not exceed thirty (30) days for each violation, and during such period no alcoholic liquor shall be sold on the licensed premises.