An alcoholic liquor license shall become invalid if held more
than 60 days without conducting business, except with the permission
of the local Liquor Control Commissioner.
A.
In addition to the requirement of § 203-32B(10), compelling reporting by the licensee of any violations or alleged violations, the State's Attorney's Office of the County shall notify the local Liquor Control Commissioner when a licensee has been charged or convicted of violating any federal, state or local law or ordinance that may result in the suspension or revocation of a license or a fining of the licensee.
B.
The local Liquor Control Commission shall provide the State's Attorney's
Office of the County with a current list of all licensees in the County.
A.
A license for the sale and distribution of alcoholic beverages shall
automatically be revoked and terminated upon cessation of dram shop
insurance covering said licensee and premises. No license shall be
valid unless simultaneously in existence with the license is a continuous
dram shop insurance policy covering the premises and licensee. The
applicant shall furnish the Clerk of the County with a copy of said
insurance policy with the application for the license.
B.
Further, the licensee is required and directed, when obtaining dram
shop insurance, to inform the provider of the dram shop insurance
that the insurance policy provider is required to notify the Clerk
of the County at least 10 days prior to the termination or proposed
termination of any dram shop insurance coverage provided to the licensee.
A clause to that effect is to be included in the policy.
A.
Whoever violates any of the provisions of this chapter shall, upon
conviction, be punished by a fine of not less than $500. Every day
that a violation occurs is considered a separate offense.
B.
The local Liquor Control Commission may suspend for not more than
30 days or revoke for cause any alcoholic liquor license for any violation
of any state or federal law or local ordinance, rule, regulation or
resolution pertaining to the sale of alcoholic liquors provided by
law or ordinance.
C.
No license shall be revoked or suspended and no licensee shall be
fined except after a public hearing by the local Liquor Control Commissioner.
Such hearing is to be conducted after a three-day written notice to
the licensee, giving the licensee an opportunity to appear and defend
against the charges. All such hearings are open to the public. The
local Liquor Control Commissioner shall reduce the evidence to writing
and an official record of the proceedings shall be maintained.
D.
If the local Liquor Control Commissioner has reason to believe that
the continued operation of the licensed premises that are subject
to a fine, revocation or suspension will 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 no more than seven days. The licensee
must be given an opportunity to be heard during that period. If the
licensee conducts another business or businesses on the licensed premises,
such order shall not be applicable to such other business or businesses.
E.
Within
five days after a hearing regarding the suspension or revocation of
a license or the fining of a licensee, the local Liquor Control Commissioner,
upon deciding that a revocation, suspension or fine is merited, shall
state the reason or reasons for such determination in a written order,
and shall serve a copy of such order upon the licensee within the
five days.
F.
When a
license has not been revoked or suspended within the last twelve-month
period prior to the imposition of a revocation or suspension by the
local Liquor Control Commission, said revocation or suspension will
not take effect until the 21st day after receiving such order of suspension
or revocation. Said period shall provide the licensee an opportunity
to appeal the local Liquor Control Commission's decision to the State
Liquor Control Commission. Such appeal must conform to the requirements
of the Illinois Liquor Control Act of 1934 as stated in 235 ILCS 5/7-9.
G.
If an
appeal is taken by a licensee from a revocation, suspension or other
action or by any person for any action by the County Liquor Control
Commission, an appeal of that decision shall be made upon the record
of the proceedings and not a trial de novo. Costs for a certified
court reporter shall be borne by the Commission, but the costs of
a transcript shall be paid by the party seeking review.
H.
The local
Liquor Control Commissioner shall keep and retain a written record
as to any action in regard to the issuance, revocation or suspension
of any alcoholic liquor license.
A.
Appeals from an order or action of the local Liquor Control Commission
may be taken as provided by law. Any appeal to the State Liquor Control
Commission shall be limited to a review of the official record of
the proceedings of the local Liquor Control Commission and no new
or additional evidence shall be included. Within five days after the
filing with the local Liquor Control Commission of a notice of appeal,
the appellant shall procure, at his or her own expense, a certified
official record of the proceedings taken and prepared by a certified
shorthand reporter and file the same with the local Liquor Control
Commission. The local Liquor Control Commission shall timely file
the official record with the State Liquor Control Commission.
B.
It shall be the duty of the State's Attorney to attend all appeals
from the Liquor Commission. The Liquor Commission shall have the power
to make all necessary rules and regulations governing the hearings
before the Liquor Commission.
