The Liquor Control Commission may, by a majority vote at a convened
meeting, recommend the issuance or suspension or revocation of any
license applied for or issued under the terms of this Part 1 or on
the basis of any provision of the applicable state liquor laws pertaining
to the sale of alcoholic beverages. In the case of a tie vote of the
members at a convened meeting, the Chairman of the Liquor Control
Commission shall vote to break the tie. All recommendations shall
be transmitted by the Chairman of the Liquor Control Commission for
final action.
When a licensee shall have his or her license revoked for any
cause, said licensee shall not be eligible to apply for reissuance
or for a new license for a period of 12 months after the date of revocation.
License suspensions shall be for the term so stated by the Liquor
Control Commissioner and such license shall be considered in effect
the day following the term of such suspension
Every licensee shall display in plain view in a conspicuous
place on the licensed premises a printed notice which shall read substantially
as follows:
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WARNING TO MINORS
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You are subject to a fine of not less than $100 nor more than
$500 or imprisonment in a penal institution other than a penitentiary
for not more than 30 days, or both, if you purchase, accept as a gift,
or have in your possession alcoholic liquor or misrepresent your age
for the purpose of purchasing or obtaining alcoholic liquor.
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Any citizen or person shall have the right to file a complaint
with the Liquor Control Commissioner stating that any licensed establishment
or licensee, under the jurisdiction of this Part 1, has been or is
violating any provisions of this Part 1 or the rules and regulations
pursuant hereto. Such complaint shall be in writing in the form prescribed
by the Liquor Control Commission and shall be signed and sworn to
by the party or parties making such complaint. The complaint shall
state the particular provision, rule or regulation believed to have
been violated and shall state the facts in detail upon which the belief
is based. If the Liquor Control Commissioner is satisfied, after a
thorough investigation of the facts, that there has been a violation
of any of the provisions of this Part 1 and that such charges have
been proved by a preponderance of the evidence, then the Liquor Control
Commissioner may issue an order suspending or revoking the license
of such licensee.
The Liquor Control Commissioner shall have the authority to
enter or to authorize any law or health enforcement officers to enter
at any time upon the premises licensed hereunder to determine whether
any of the provisions of this Part 1 or any rules and regulations
adopted by it, or any law or rules of the State of Illinois liquor
laws have been or are being violated, and at such time to examine
said premises of said licensee in connection herewith. The Liquor
Control Commissioner or Chief of Police of the Village of Oakwood
shall issue a proper identification card for anyone who shall be deemed
to be authorized to make inspections or site visits in connection
with this Part 1. The Chief of Police of the Village of Oakwood is
directed to enforce the provisions of this Part 1 and to notify the
Liquor Control Commissioner of all violations of this Part 1 within
24 hours of any such violations.
A.
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 persons, shall knowingly permit the licensee
to use said licensed premises in violation of the terms of this Part
1, said owner, agent or other person shall be deemed guilty of any
violation of this Part 1 to the same extent as said licensee and be
subject to the same punishment.
B.
Every act or omission constituting a violation of any of the provisions
of this Part 1 made with the authorization, knowledge or approval
of the licensee, expressed or implied, shall be deemed the act of
the licensee, and said licensee shall be punishable in the same manner
as if said act or omission had been done or omitted by him personally.
C.
Whenever any officer, director, manager or other employee in a position
of authority of a licensee under this Part 1 shall be convicted of
any violation of this Part 1 while engaged in the course of his employment
or while upon the premises described by said license, the license
of the licensee may be revoked by the Liquor Control Commissioner.
D.
Anyone found guilty of violating the provisions of this Part 1 shall
also be subject to the following penalties:[1]
(1)
For
a first violation within a twelve-month period: not to exceed $1,000.
(2)
For
a second violation within a twelve-month period: not to exceed $1,500.
(3)
For
a third or subsequent violation within a twelve-month period: not
to exceed $2,500.
(4)
Not
more than $15,000 in fines may be imposed against any licensee during
the period of the license.
Any disturbance in or at any licensed establishment, which shall
also include the parking area, involving the calling of the police
or ambulance, or personal injury on any altercations, must be reported
within five days of said incident to the Liquor Control Commissioner
by the license holder on forms provided by the Commissioner.
In addition to the violation of any provisions of any articles or sections of this Part 1, the following shall be considered as grounds for suspensions or revocations of any license issued under the provisions of this Part 1:
A.
Any violation of any law of the State of Illinois.
B.
Falsification of any information submitted on or with an application
for license.
C.
Payment by the licensee of any federal tax imposed on gambling or
gambling equipment under the United States Code.
D.
Maintaining or operating a dram shop on any premises registered as
a place of business when activities are carried on which make the
person or persons involved subject to any tax on wagering.
[Amended 6-11-2012 by Ord. No. 12-6-11-2]
E.
Permitting gambling of any kind to be conducted on the premises where
the licensee carries on his business.
[Amended 6-11-2012 by Ord. No. 12-6-11-2]
G.
No licensee or employee or bartender of such licensee shall knowingly
suffer to be done or commit any act of prostitution, of soliciting
for a prostitute, of pandering, of keeping a place of prostitution,
of patronizing a prostitute, or of pimping as defined by statute on
or in the licensed premises; and no person shall be entitled to receive
a liquor license who has been convicted of any of the foregoing crimes
and misdemeanors opposing decency or morality; and the conviction
of any licensee in any court having jurisdiction thereof shall be
subject to the penalty herein provided in addition to any penalties
otherwise provided by law, and the license issued to any such licensee
so convicted shall be revoked, as herein provided.
H.
Failure to have in force a policy of liability insurance on the place
of business for the term of the license by a reputable insurance carrier.
I.
Failure to own or lease the premises for the term of the license.
A.
The proceedings to revoke any license issued under this Part 1 shall
be as set forth in 235 ILCS 5/7-5, as amended, and the rules and regulations
adopted in accordance with such statute, and such rules and regulations
are hereby specifically incorporated by reference as part of this
Part 1. The Liquor Control Commissioner shall make available the hearing
procedures to any and all parties of a revocation hearing.
B.
Upon taking any action to suspend or revoke any license for cause, the Liquor Control Commissioner shall notify the licensee in writing and shall notify the Oakwood Police Department within 48 hours by providing a copy of such notification or an updated copy of the official list of licensees and licenses issued as stated in § 114-29 herein.
