If the owner of the licensed premises or any person from whom
the licensee derives the right to possession of such premises, or
the agent of such owner or person shall knowingly permit the licensee
to use said licensed premises in violation of the terms of this Code,
said owner, agent or other person shall be deemed guilty of a violation
of this Code to the same extent as said licensee and be subject to
the same punishment. (See 235 ILCS 5/10-2.)
Every act or omission of whatsoever nature constituting a violation
of any of the provisions of this Code by any officer, director, manager
or other agent or employee of any licensee shall be deemed and held
to be the act of such employer or licensee, and said employer or licensee
shall be punishable in the same manner as if said act or omission
had been done or omitted by him personally. (See 235 ILCS 5/10-3.)
Whenever any licensee shall be convicted of any violation of
this Code, the license of said licensee may, in the discretion of
the Mayor, be revoked and forfeited and all fees paid thereon shall
be forfeited, and it shall thereafter be unlawful and shall constitute
a further violation of this Code for said licensee to continue to
operate under such license. (See 235 ILCS 5/10-4.)
Whenever any officer, director, manager, or other employee in
a position of authority of any licensee under this Code shall be convicted
of any violation of this Code while engaged in the course of his employment
or while upon the premises described by the license, the license shall
be revoked and the fees paid thereon forfeited, both as to the holder
of the license and as to the premises, as if said licensee had himself
been convicted. (See 235 ILCS 5/10-5.)
Any person who shall knowingly possess, sell or in any way dispose
of any alcoholic liquor under any other than the proper name or brand
known to the trade as designating the kind and quality of the contents
of the package or other containers of the alcoholic liquor, or who
shall cause any such act to be done, shall forfeit the alcoholic liquor
and the packages and containers to the state and shall be subject
to the punishment and penalties provided for violation of this Code.
(See 235 ILCS 5/10-6.)
Every lot, parcel or tract of land, and every building, structure,
tent, railroad car, boat, wagon, vehicle, establishment or place whatsoever,
together with all furniture, fixtures, ornaments and machinery located
thereon, wherein there shall be conducted any unlawful sale of any
alcoholic liquor, or whereon or wherein there shall be kept, stored,
concealed or allowed any alcoholic liquor intended for illegal sale
or to be sold, disposed of or in any other manner used in violation
of any of the provisions of this Code, is hereby declared to be a
public nuisance and shall be abated as provided by the laws of this
state for the abatement of public nuisances. (See 235 ILCS 5/10-7.)
When any license has been revoked for any cause, no license
shall be granted for the same premises for a period of one year thereafter.
(See 235 ILCS 5/7-13.)
The Local Liquor Control Commissioner shall have the following
powers, functions and duties with respect to licenses granted under
this Code.
(A)
In addition to and not limited by the specific penalties set out
for violations of specific articles of this Code, the Local Liquor
Control Commissioner may suspend for 30 days or revoke any liquor
license issued under this Code for violation of any state law pertaining
to the sale of alcoholic liquors by any licensee, his agent, servant
or employee.
(B)
To suspend or revoke any liquor license if the licensee makes any
false statement or misrepresentation in the application for a license.
(C)
To enter or to authorize any law enforcing officer to enter at any
time upon any premises licensed hereunder to determine whether any
of the provisions of this Code or any rules or regulations adopted
by him or by the State Commission have been or are being violated,
and at such time to examine said premises of said licensee in connection
therewith;
(D)
To notify the Secretary of State where a club incorporated under
the General Not for Profit Corporation Act or a foreign corporation
functioning as a club in this state under a certificate of authority
issued under that Act has violated this Code by selling or offering
for sale at retail alcoholic liquors without a retailer's license;
(E)
To receive complaint from any citizen within his jurisdiction that
any of the provisions of this Act, or any rules or regulations adopted
pursuant hereto, have been or are being violated and to act upon such
complaints in the manner hereinafter provided;
Any five residents of the municipality shall have the right
to file a complaint with the Liquor Commissioner, stating that a licensee
under this Code has been or is violating the provisions of this Code
or any amendments hereto, or of any of the statutes of this State
of Illinois, enacted with reference to the control of liquor. Such
complaint shall be made in writing and shall be signed and sworn to
by the parties complaining.
The complaint shall state the particular provision, rule or
regulation believed to have been violated and the facts in detail
upon which such belief is based. If the Liquor Commissioner is satisfied
that the complaint substantially charges a violation, and that from
the facts alleged, there is reasonable cause for such belief, he shall
set the matter for hearing, and shall serve notice upon the licensee
of the time and place of such hearing and of the particular charges
in the complaint. (See 235 ILCS 5/7-7.)
The Liquor Commissioner may revoke or suspend any license issued
by him if he determines that the licensee has violated any of the
provisions of the Illinois Liquor Act, any valid ordinance adopted
by the municipality, any applicable rule or regulation established
by the Liquor Commissioner or the State Commission which is not inconsistent
with law.
(A)
Fine as opposed to suspension or revocation. In addition to suspension
and/or revocation, the Liquor Commissioner may levy a fine on the
licensee for such violations. The fine imposed shall not exceed $1,000
for each violation; each day on which a violation continues shall
constitute a separate violation. No more than $10,000 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 municipal treasury, as the case may be. (See
P.A. 89-0063.)
(B)
Revocation and suspension: notice. However, no such license shall
be so revoked or suspended and no licensee shall be fined 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. All such hearings shall be open to the public
and the Liquor Commissioner shall reduce all evidence to writing and
shall maintain an official record of the proceedings. If the 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 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.
(C)
Hearing. The Liquor Commissioner shall, within five days after such
hearing, if he determines after such hearing that the license should
be revoked or suspended, state the reason or reasons for such determination
in a written order of revocation or suspension, and shall serve a
copy of such order within the five days upon the licensee. The findings
of the Commissioner shall be predicated upon competent evidence. (See
235 ILCS 5/7-5.)
[Amended 9-27-2010 by Ord. No. 10-5]
[Amended 9-27-2010 by Ord. No. 10-5]
(A)
Except as provided in this section, any order or action of a Local
Liquor Control Commissioner which levies a fine or refuses to levy
a fine on a licensee, or grants or refuses to grant a license, or
revokes or suspends or refuses to revoke or suspend a license, or
refuses for more than 30 days to grant a hearing upon a complaint
to revoke or suspend a license, may be appealed by any resident of
the municipality under the jurisdiction of the Liquor Commissioner
or any person interested, to the State Commission within 20 days after
notice of such order or action is entered.
(B)
In any case where a licensee appeals to the State Commission from
an order or action of the Liquor Commissioner which suspends or revokes
a license, denies a renewal application or refuses to grant a license,
the licensee shall resume the operation of the licensed business while
the decision of the State Commission is pending and until the expiration
of the time allowed for an application for rehearing. If an application
for rehearing is filed, the licensee shall continue the operation
of the licensed business until the denial of the application or, if
the rehearing is granted, until the decision on rehearing. (See 235
ILCS 5/7-9.)
In any case, in which a licensee appeals to the State Commission
a suspension or revocation by a Local Liquor Control Commissioner
that is the second or subsequent such suspension or revocation placed
on that licensee within the preceding twelve-month period, the licensee
shall consider the suspension or revocation to be in effect until
a reversal of the Liquor Commissioner's action has been issued by
the State Commission and shall cease all activity otherwise authorized
by the license. The State Commission shall expedite, to the greatest
extent possible, its consideration of any appeal that is an appeal
of a second or subsequent suspension or revocation within the past
twelve-month period. (See 235 ILCS 5/7-9.)
Any appeal of the decision and findings of the Liquor Commissioner in Section 21-4-12 shall be limited to a review of the official record of the proceedings of said Liquor Commissioner. The official record shall be a certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter. A copy of this record shall be filed by the Liquor Commissioner within five days after notice of the filing of such appeal is received by the municipality from the State Commission. (See 235 ILCS 5/7-9.)
