The Commission may suspend for not more than
30 days or may revoke any license issued by it and require the forfeiture
of the license fee and the licensee's bond:
B.
Whenever any licensee shall be convicted of any violation
of this chapter.
C.
Whenever any officer, director, manager or other employee
in a position of authority of a licensee under this chapter shall
be convicted of any violation of this chapter while engaged in the
course of his employment or while upon the premises described by said
license.
D.
Upon payment by the licensee of any federal tax imposed
on gambling or gambling equipment under the United States Code.
E.
Upon the licensee 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 so carrying on subject
to any tax on wagering.
F.
Upon the licensee permitting gambling of any kind
to be conducted on the premises where the licensee carries on his
business.
All hearings and actions by the Commission with
regard to the suspension or revocation of any license shall be conducted
according to the applicable provisions of the Illinois Liquor Control
Act and according to the procedures set forth herein.
A.
Prehearing procedures.
(1)
After receiving a complaint from the State's Attorney,
the Liquor Control Commissioner shall set the matter for hearing no
less than 10 days and no more than 90 days from the date of receipt
of such complaint. The Commissioner shall cause notice to be served
on the accused party by delivery at the official address listed on
the liquor license application by any first class mail at the same
location, which notice shall include:
(2)
At the request of the accused party, the State's Attorney
shall, prior to the hearing, furnish the accused or his attorney a
copy of all police reports or other written reports concerning the
violation(s) alleged in the complaint.
(3)
Continuances. At his discretion and for good cause
shown, the Liquor Control Commissioner may grant a continuance of
a scheduled hearing to any party. Except in bona fide emergencies,
motions for continuances shall be submitted to the Commissioner in
writing as soon as possible after the reason for the request for continuance
is known. A copy of the motion shall be served on the opposing party.
In situations where time is too short to present a written motion
for continuance, the party shall contact the Commissioner directly
by any reasonable means and shall notify the opposing party likewise.
The Commissioner may grant a hearing, and a decision by default may
be entered against any party not appearing.
B.
Hearing procedures.
(1)
Any party to a hearing who desires such may be represented
by legal counsel. The accused party shall be afforded the opportunity
to respond and present evidence and argument, to call witnesses, and
to compel the attendance of witnesses by subpoena.
(2)
If the complaint alleging violations of the Liquor
Control Ordinance was reviewed by the State's Attorney, the complaining
party shall be represented by the State's Attorney, who shall call
witnesses and present the evidence against the accused party.
(3)
All witnesses who testify shall do so under oath.
(4)
The Commissioner shall cause a record of the hearing
to be preserved, which shall include the following: all pleadings,
notices, motions, rulings, etc.; all documentary or physical evidence
received; offers of proof, objections and rulings thereon; and any
decision, opinion or report by the Commissioner; and an electronic
recording of the hearing proceedings.
(5)
Rules of evidence.
(a)
Irrelevant, immaterial and unduly repetitious
evidence shall be excluded. The rules of evidence and privilege as
applied in civil cases in the Circuit Courts of the State of Illinois
shall be followed. However, evidence not admissible under such rules
of evidence may be admitted except where prohibited by statute, if
it is of a type commonly relied upon by reasonably prudent men in
the conduct of their affairs. Objections to evidentiary offers may
be made and shall be noted in the record. Subject to these requirements,
when the cause of a hearing will be expedited and the interest of
the parties will not be prejudiced, any part of the evidence may be
received in written form or by stipulation.
(b)
Parties shall have the right to conduct cross
examination of witnesses to the extent necessary for a full and fair
disclosure of the facts. Notice may be taken of matters of which the
Circuit Courts of this state may take judicial notice. In addition,
notice may be taken of generally recognized technical or scientific
facts within the agencies within the Commission's specialized knowledge.
Such notice shall be recorded in the record. The Commission's experience,
technical competence, and specialized knowledge may be utilized in
the evaluation of the evidence.
(6)
Decision. Violations of the Liquor Control Ordinance
shall be proven by a preponderance of the evidence. The decision or
decisions made by the Commission shall be final and may not be appealed
to the McLean County Board or any other Board committee. Said final
decision or order in a case shall be in writing or stated in the record.
Findings of fact shall be based exclusively on the evidence and on
matters officially noticed. Parties to the case shall be notified
in writing, personally or by registered or certified mail, of any
decision or order.
[Amended 2-17-1987]
(7)
Unless precluded by law, disposition may be made of
any case by stipulation, agreed settlement, consent order, or default,
at any stage in the proceedings. If the Commission does not concur
with any proposed disposition by stipulation or settlement, the hearing
shall proceed to completion.
C.
Miscellaneous.
[Amended 9-15-1981]
(2)
Compliance with any or all of the provisions for hearings
may be waived by written stipulation of all the parties, subject to
the approval of the Commission.
(3)
The Commissioner may, with the consent of the State's
Attorney, employ or otherwise acquire the services of legal counsel
to advise the Commission during hearings in which the State's Attorney
is representing the complaining party.
When any license shall have been revoked for
cause, no license shall be granted to any person for the period of
one year thereafter for the retail sale of alcoholic beverages on
the premises for which the revoked license was issued.
