§ 10-61. Hearing by local Liquor Control Commissioner; imposition of fine; revocation or suspension of license.

(a)

The Local Liquor Control Commissioner may revoke or suspend up to 30 days any license issued by him if he determines the licensee has violated any of the provisions of this chapter or any applicable rules or regulations established by the Local Liquor Control Commissioner or the State Commissioner which is not inconsistent with law. In addition to any such suspension or revocation, or in lieu of suspension or revocation as the case may be, the Local Liquor Control Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000.00 for the first violation within a 12-month period, $1,500.00 for a second violation occurring within a 12-month period after the date of the preceding offense, and $2,500.00 for a third or subsequent violation within a 12-month period after the date of the first offense. Not more than $15,000.00 in aggregate fines under this section may be imposed against any licensee during the time period over which the same license is held and renewed annually by the licensee, however, the time period for the purposes of the limitation on fines in this sentence shall be ended by any change in ownership, voluntary surrender of license, change in classification of license, or event that requires a new application for license or change of classification of license to be submitted to the Local Liquor Control Commissioner. Subject to the foregoing limitations, in determining the amount of a fine imposed, length of a suspension imposed or revocation of a license under this section, the Local Liquor Control Commissioner may consider in aggravation prior violations of other village laws and ordinances by the same licensee, including, but not limited to, those restricting the sale of tobacco to underage persons. Additionally, the Local Liquor Control Commission may also require a licensee that has violated any of the provisions of this chapter to provide Beverage Alcohol Sellers and Servers Education and Training (BASSET) certified by the State Liquor Control Commission to its employees as a condition of further operation of the licensed premises.

(b)

No such license shall be so revoked or suspended, or fine imposed under subsection (a) of this section, except after a public hearing by the Local Liquor Control Commissioner with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend. If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the health, safety or 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 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. Appeals shall be taken to the Illinois Liquor Control Commission and the Circuit Court in the manner provided by law.

(c)

Public hearings conducted by the Local Liquor Control Commissioner incident to the revocation or suspension of any license issued by him shall be hearings of record. Any order of suspension or revocation shall be based on written findings of fact, and such findings shall be supported by substantial evidence in the light of the whole record. In the event an appeal from the order is taken, review of the order shall be on the record. The commissioner shall certify and file the official record of the proceedings taken and prepared by a certified court reporter within five days after notice of the filing of such appeal.

(Code 1993, § 11-27; Ord. No. 2001-O-7, 2-27-2001; Ord. No. 2002-O-79, 2-25-2003; Ord. No. 2006-O-9, 3-28-2006)