Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Article V - Violations and Penalties

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.

(Ord. No. 09–11; 06–18–09)

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.

When any license has been revoked, no license shall be grant­ed for the same premis­es for a peri­od of one (1) year there­after.

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.