A.
Violation determined by Commissioner.
(1)
Permitted actions.
(a)
The Liquor Control Commissioner may suspend, for not more than
30 days, or revoke any license issued by the Liquor Control Commissioner,
and may levy a fine of up to $1,000, if he or she determines that
there has been any violation of any state law pertaining to the sale
of alcoholic liquor or any provision of this chapter, or any applicable
rules or regulations established by the Liquor Control Commissioner,
or the state, or for the failure to pay any license cost or fee or
any tax imposed on alcoholic liquor or the sale thereof. However,
except as provided in this section, no license shall be revoked or
suspended, nor fine levied, except after a public hearing by the Liquor
Control Commissioner, to commence no sooner than three days from the
date of service, personally or by certified U.S. mail, of notice upon
the licensee or his or her agent or any employee thereof in charge
of the licensed premises, affording the licensee an opportunity to
appear and defend, unless the right to a hearing is waived.
(b)
If the Liquor Control Commissioner has reason to believe that
any continued operation of any particular licensed premises will threaten
the welfare of the community, he or she may, upon the issuance of
a written order stating the reason for such conclusion and without
notice or hearing, order a licensed premises closed for not more than
seven days pending a hearing on the suspension or revocation of the
license therefor. The order shall contain notice of the date, time,
and place of the hearing, which shall commence not less than three
nor more than seven days from the date of service, personally or by
certified United States mail, of the notice upon the licensee or his
or her agent, or any employee in charge of the licensed premises.
The Liquor Control Commissioner shall hold the hearing at the date,
time, and place set forth in the notice, giving the licensee an opportunity
to be heard. If the licensee is also engaged in the conduct of another
business or businesses on the licensed premises, the initial closing
order shall not be applicable to the other business or businesses.
(2)
Appeals shall be taken to the Illinois Liquor Control Commission
in the manner provided by law. All appeals to the Illinois Liquor
Control Commission shall be limited to a review of the official record
of the proceedings of the Liquor Control Commissioner.
B.
Violation determined by court.
(1)
Whenever any licensee is convicted in court of any violation of state
law pertaining to the sale of alcoholic liquor, or any provision of
this chapter, or any applicable rules or regulations established by
the Liquor Control Commissioner or the State Commission, or any law
or regulation pertaining to liquor license fees or taxes, the license
of the licensee may, in the discretion of the Liquor Control Commissioner,
be immediately revoked. The revocation need not be preceded by notice
or a hearing for the licensee. However, the licensee shall have a
right to a public hearing by the Liquor Control Commissioner for the
purpose of showing cause for reissuing the revoked license by petitioning
for a hearing within 15 days of the revocation of the license. The
hearing shall be held within a reasonable time and shall allow the
licensee an opportunity to be heard.
(2)
Whenever an officer, director, or manager or other employee of any licensee under this chapter is convicted of any violation of any law, ordinance, or provision as provided in Subsection A(1) of this section, while engaged in the course of his or her employment or while on the premises described in the license, the license may be immediately revoked in the discretion of the Liquor Control Commissioner, subject to a subsequent hearing as provided in Subsection B(1) of this section.
C.
Complaints. Any person may file a complaint with the Liquor Control
Commissioner alleging that any licensee has been or is violating state
law pertaining to the sale of alcoholic liquor, or the provisions
of this chapter or the rules or regulations issued pursuant to this
chapter. The complaint shall be in writing, in the form prescribed
by the Liquor Control Commissioner, and shall be signed and sworn
to by the parties complaining. The complaint shall state the particular
law, provisions, rule, or regulation believed to have been violated
and the facts in detail upon which such belief is based. If the Liquor
Control Commissioner is satisfied that the complaint substantially
charges a violation and finds probable cause to believe the same,
he or she shall set the matter for hearing and shall serve notice
upon the licensee of the time and place of the hearing and of the
particular charges in the complaint, such hearing to take place not
sooner than three days from the date upon which the notice is served
personally on or is mailed by certified U.S. mail to the licensee
or his or her agent or any employee in charge of the licensed premises,
affording the licensee an opportunity to appear and defend.
A.
Fines in general. In addition to the suspension of a license issued
pursuant to this chapter, any person who violates any provision of
this chapter may, for a first offense, be fined not less than $50
nor more than $1,000, and for a second or subsequent offense, be fined
not less than $100 nor more than $1,000. Not more than $10,000 in
fines may be imposed under this section against any licensee during
the period of that license.
B.
Separate offenses. Each day on or during which any person violates
or continues to violate any of the provisions of this chapter, and
each separate act or transaction in violation of this chapter, shall
constitute a separate offense.
D.
Vicarious liability. Every act or omission of whatsoever nature constituting
a violation of any of the provisions of this chapter by any officer,
director, manager, or other agent or employee of any licensee shall
be deemed and held to be the act of the employer or licensee, and
the employer or licensee shall be punishable in the same manner as
if said act or omission had been done by him or her personally.
E.
BASSET course. In addition to other penalties imposed in this chapter,
a person violating any regulation of this chapter may be required
to complete a BASSET or similar training at his or her expense.