5.08.320 – License – Revocation or Suspension – Hearing Procedure

  1. The Local Liquor Control Commissioner may, in accordance with the law and the provisions of the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), as amended, revoke or suspend any license issued under his authority if he determines that the licensee has violated any of the provisions of said Act or of any ordinance or resolution enacted by the corporate authorities of the City or any applicable rule or regulation established by the Local Liquor Control Commissioner or the Illinois Liquor Control Commission which is not inconsistent with law. In addition to or in lieu of a suspension, the Local Liquor Control Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed One Thousand ($1,000) Dollars for a first violation within a twelve (12) month period, One Thousand Five Hundred ($1,500) Dollars for a second violation within a twelve (12) month period, and Two Thousand Five Hundred ($2,500) Dollars for a third or subsequent violation within a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. Not more than Fifteen Thousand ($15,000) Dollars in fines under this section may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund of the City Treasury. However, no such license shall be so revoked or suspended and no license shall be fined except after a public hearing by the Local Liquor Control Commissioner with a three-day (3) written notice to the licensee, affording the licensee an opportunity to appear and defend. Further, in the event that the Local Liquor Control Commissioner shall find a licensee guilty of violating any provision of this chapter, they may order the licensee to pay to the City the following:  1) reasonable attorney’s fees incurred by the City, the Chief of Police and the Local Liquor Control Commissioner; and 2) reasonable costs, including but not limited to the costs of court reporter fees and witness fees incurred by reason of the hearing.
  2. If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, they may, upon the issuance of a written order stating the reason for such conclusions and without notice of 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, if the licensee is also engaged in another business on the licensed premises, such order shall not be applicable to such other business.
  3. The Local Liquor Control Commissioner shall, within five (5) days after such hearing, if they determine after such hearing that the license should be revoked or suspended, or that the licensee should be fined, shall state the reason for such determination in a written order of revocation or suspension and serve a copy of such order within the five (5) days upon the licensee.
  4. Review of decisions of the Local Liquor Control Commissioner shall be as provided for in Section 5/7-9 of Chapter 235 of the Illinois Compiled Statutes.
(2020-M-40: § 17; 2015-M-14: § 1; 2010-M-29: § 1; 2007-M-72: § 1; 2004-M-12: § 1; 2001-M-23: § 1; 1995-M-53: § 7; 1976-M-5: (part); Prior code: § 24.003(B))