§ 24-102. Suspension and revocation of Tobacco Dealer License.

(a)

In addition to any other penalty provided in this chapter for violation of the provisions of this article, a Tobacco Dealer License may be suspended or revoked by the Local Liquor Control Commissioner, or fines imposed as provided below, in the manner provided for in chapter 10, in accordance with the procedures enumerated in this article. The procedure provided in this section shall be in lieu of, and not in addition to, the procedure for revocation of business licenses provided in section 24-2(j).

(b)

The Local Liquor Control Commissioner may revoke or suspend up to 30 days any Tobacco Dealer License issued under this article if he determines the licensee has violated any of the provisions of this article. 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 subsection 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 the tobacco dealers license, or event that requires a new application for said license to be submitted to the village. 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 alcohol to underage persons.

(c)

No such license shall be so revoked or suspended, or fine imposed under subsection (b) of this section, except after a public hearing by the Local Liquor Control Commissioner with a minimum 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.

(d)

Public hearings conducted by the Local Liquor Control Commissioner incident to the revocation or suspension of any Tobacco Dealer License issued by the village, or the imposition of a fine, shall be hearings of record. Any order of fine, 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.

(e)

Appeals from any order of fine, suspension or revocation issued by the Local Liquor Control Commissioner.

(1)

Appeals from any order of fine, suspension or revocation issued by the Local Liquor Control Commissioner shall be heard by the Village President and Trustees of the Village Board. Such appeal shall be perfected by written notice of same filed by the licensee-appellant with the Village Clerk no more than 30 days after the date on which the order appealed from was issued by the Local Liquor Control Commissioner. Said notice shall state with particularity the order appealed from and the reasons why the order should be reversed or modified.

(2)

Filing of such notice of appeal shall operate to stay any suspension or revocation of the Tobacco Dealer License until resolution of the appeal.

(3)

The Local Liquor Control Commissioner shall thereafter certify and file with the Village Clerk the official record of the proceedings taken and prepared by a certified court reporter within ten days after notice of the filing of such appeal.

(4)

The review of the Local Liquor Control Commissioner's order shall be on the record made before the Local Liquor Control Commissioner, and no new evidence shall be accepted by the Village Board. The Local Liquor Control Commissioner's order shall not be reversed, modified or vacated unless a majority of those members of the Village Board present and voting determine that the order of the Local Liquor Control Commissioner is contrary to law, is not supported by the manifest weight of the evidence presented, or constitutes an abuse of discretion. The Village Board may hear and determine the appeal during the course of a regular or special meeting, as it shall determine, and may in its discretion permit the parties to make written or oral arguments on the record, as it shall determine. Said hearing shall also be a hearing of record. The decision of the Village Board shall be final.

(Code 1993, § 5-2.8.4; Ord. No. 97-O-27, 10-14-1997; Ord. No. 2002-O-79, 2-25-2003)