§ 6-98. Fine, suspension, and revocation generally.

(a)

The local liquor commissioner may, in accordance with the Liquor Control Act (235 ILCS 5/1-1 et seq.), revoke or suspend any license issued under the provisions of this chapter and/or levy a fine on the license if it is determined that the licensee has violated any of the provisions of the Liquor Control Act (235 ILCS 5/1-1 et seq.), this chapter, or any other ordinance or resolution enacted by the corporate authorities of the city, or any applicable rules or regulations established by the local liquor commissioner or the Illinois Liquor Control Commission, or any state and/or federal statute which is not inconsistent with the law. However, no such license shall be revoked or suspended and no fine may be levied except after a public hearing by the local liquor commissioner with a three-day written notice to the licensee affording the licensee an opportunity to appear and defend the charges contained in such notice. The three-day notice provisions shall begin the day following delivery by certified or registered mail or by personal service.

(b)

The fine imposed for violations under this section shall not exceed $5,000.00 for each violation; and each day on which a violation continues shall constitute a separate violation. Not more than $15,000.00 in fines may be imposed against any licensee during the period of their annual license.

(c)

Order to close business; hearings; appeals.

(1)

If the local liquor commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the 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 the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to such other business.

(2)

The local liquor commissioner shall, within a reasonable time after such hearing, if it is determined after such hearing that the license should be revoked or suspended, state the reason for such determination in a written order of revocation or suspension and serve a copy of such order within a reasonable time upon the licensee.

(3)

Review of the decisions of the local liquor commissioner shall be as provided for in section 153 of the Liquor Control Act (235 ILCS 5/7-9) and shall be limited to a review of the official record of the local liquor commissioner, and, if applicable, the Illinois Liquor Control Commission. Any licensee determined by the local liquor commissioner to have violated any of the provisions of the Liquor Control Act, or any ordinance or resolution of the city, or any rule or regulation established by the local liquor commissioner or the Illinois Liquor Control Commission, shall pay to the city the costs of the hearing before the local liquor commissioner on such violation. The local liquor commissioner shall determine the costs incurred by the city for the hearings, including, but not limited to, court reporter's fees, the costs of transcripts or records, city attorney's fees, liquor commission's attorney's fees, prosecuting attorney's fees, cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the city, or such lesser sum as the local liquor commissioner may allow.

(4)

The licensee shall pay such costs to the city within 30 days of notification of the costs by the local liquor commissioner. Failure to pay such costs within 30 days of notification is a violation of this section and may be cause for license suspension or revocation.

(5)

In the event of an appeal to the Illinois Liquor Control Commission, and in cases where appeal is taken pursuant to 735 ILCS 5/3-101 et seq., payment is due 40 days after the entry of an order finally affirming the determination of the local liquor commission.

(Code 1968, § 3-34; Code 1996, § 6-98; Ord. No. F-0638, § 17, 10-15-2001)