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 chapter,
said owner, agent or other person shall be deemed guilty of a violation
of this chapter 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 chapter 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 chapter, 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 chapter 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 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 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 chapter.
(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 chapter, 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)
(See 235 ILCS 5/7-13.)
A.
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.
B.
Nothing
in this section shall prohibit the issuance of a retail license authorizing
the sale of alcoholic liquor incidental to a restaurant if:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
The
primary business of the restaurant consists of the sale of food where
the sale of liquor is incidental to the sale of food and the applicant
is a completely new owner of the restaurant;
(2)
The
immediately prior owner or operator of the premises where the restaurant
is located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the restaurant
for at least part of the 24 months before the change of ownership;
and
(3)
The
restaurant is located 75 or more feet from a school.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Mayor shall have the following powers, functions and duties
with respect to licenses granted under this chapter:
A.
In addition to and not limited by the specific penalties set out
for violations of specific articles of this chapter, the Mayor may
suspend for 30 days or revoke any liquor license issued under this
chapter 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 chapter 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 (105 ILCS 101.01 et seq.)
or a foreign corporation functioning as a club in this state under
a certificate of authority issued under that Act has violated this
chapter by selling or offering for sale at retail alcoholic liquors
without a retailer's license.
E.
To receive complaints from any citizen within his jurisdiction that
any of the provisions of this chapter, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any five residents of the municipality shall have the right to file
a complaint with the Mayor stating that a licensee under this chapter
has been or is violating the provisions of this chapter or any amendments
hereto, or of any of the statutes of the 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.
B.
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 Mayor 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.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Mayor 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 Control Act, any valid ordinance adopted by
the municipality, or any applicable rule or regulation established
by the Mayor or the State Commission which is not inconsistent with
law.
A.
Fine as opposed to suspension or revocation. In addition to the suspension,
the Mayor may levy a fine on the licensee for such violations. The
fine imposed shall not exceed $1,000 for a first violation within
a twelve-month period, $1,500 for a second violation within a twelve-month
period, and $2,500 for a third or subsequent violation within a twelve-month
period. Each day on which a violation continues shall constitute a
separate violation. Not more than $15,000 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. (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 Mayor 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 Mayor shall
reduce all evidence to writing and shall maintain an official record
of the proceedings. If the Mayor 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 Mayor 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 license. The findings
of the Mayor shall be predicated upon competent evidence.
(See 235 ILCS 5/7-5.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Except as provided in this section, any order or action of the Mayor
levying a fine or refusing to levy a fine on a licensee, granting
or refusing to grant a license, revoking or suspending or refusing
to revoke or suspend a license or refusing for more than 30 days to
grant a hearing upon a complaint to revoke or suspend a license may,
within 20 days after notice of such order or action, be appealed to
the State Commission by any resident of the municipality under the
jurisdiction of the Mayor or any person interested.
B.
In any case where a licensee appeals to the State Commission from
an order or action of the Mayor having the effect of suspending or
revoking a license, denying a renewal application, or refusing to
grant a license, the licensee shall resume the operation of the licensed
business pending the decision of the State Commission and 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.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
In any
case in which a licensee appeals to the State Commission a suspension
or revocation by the Mayor 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 Mayor'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.
B.
Any appeal of the decision and findings of the Mayor in Subsection A shall be limited to a review of the official record of the proceedings of said Mayor. 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 Mayor within five days after notice of the filing of such appeal is received by the municipality from State Commission.
(See 235 ILCS 5/7-9.)
