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.
Every act or omission of whatever 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.
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.
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.
The Local Liquor Control Commissioner 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 sections of this chapter, the Local Liquor
Control Commissioner may suspend for 30 days or revoke any liquor
license issued under this chapter for any state law pertaining to
the sale of alcoholic liquors by any licensee, his agent, servant
or employee.
B. The Local Liquor Control Commissioner may suspend or revoke any liquor
license if the licensee makes any false statement or misrepresentation
in the application for a license.
C. The Local Liquor Control Commissioner may enter or authorize any
law-enforcing officer to enter at any time upon any premises licensed
to determine whether any of the provisions of this chapter or the
laws of the State of Illinois pertaining to the sale of alcoholic
liquor have been or are being violated at such time to examine the
premises of the licensee in connection therewith.
D. Complaints by residents.
(1) Any five residents of the municipality shall have the right to file
a complaint with the Local Liquor Control Commissioner, stating that
any 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.
(2) 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 Local Liquor Control 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In addition to the suspension, the Local Liquor Control Commissioner
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 City.