(a) The Local Liquor Commissioner may revoke or suspend any license issued and/or require mandatory certified training if the Local Liquor Commissioner determines that the licensee has violated any of the provisions of this Chapter or any state law pertaining to the sale of alcohol. In addition to or in lieu of suspension, the Local Liquor Commissioner may levy a fine on the licensee for such violations. Each day on which a violation continues shall constitute a separate violation. However, no such license shall be so revoked or suspended, and no fine shall be imposed, except after a public hearing by the Local Liquor Commissioner with at least three days' prior written notice, to the licensee, as provided in Section 3-41, affording the licensee an opportunity to appear and defend. If the licensee fails to appear for such public hearing after receiving notice as provided in Section 3-41, a default judgment may be entered and the Local Liquor Commissioner may revoke or suspend the license, and/or impose a fine.
(b) If the Local Liquor Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the Local Liquor Commissioner 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. Provided, if such licensee shall also be engaged in the conduct of another business on the licensed premises, such order shall not be applicable to such other business.
(c) In determining the appropriate penalty for violating any of the provisions of this Chapter or any State law pertaining to the sale of alcohol, the Local Liquor Commissioner may consider such matters and information as the Local Liquor Commissioner deems are relevant including, but not limited to, the nature and circumstances surrounding the violation, the past record of the licensee and the penalties previously imposed by the Local Liquor Commissioner for similar violations. The past record shall include the record of the current licensee as well as the record of any other existing or prior licensee where there is, or was, not less than forty percent (40%) common identity between the owners of the current licensee and the owners of such other licensee. Such common identity shall be establish where persons holding an ownership interest of not less than 40% of the licensee under consideration also hold or held an ownership interest of not less than 40% of another existing or prior licensee. Where the licensee under consideration, or such other prior or existing licensee, is a business entity such as a corporation or partnership, the ownership interest includes the equity holdings of the stockholder or partner. The consideration of the past record of such other or prior licensee shall only include that time period when such common identity is found.
(d) The Local Liquor Commissioner shall, as promptly as practicable and in any event within thirty days after such hearing, if the Local Liquor Commissioner determines after such hearing that the license should be revoked or suspended, and/or a fine should be imposed, state the reasons for such determination in a written order of revocation or suspension, and/or a fine should be imposed and shall serve a copy of such order upon the licensee.
(e) Any licensee found guilty by the Local Liquor Commissioner for violating any provision of this Chapter, in addition to any other penalty which may be imposed, shall be assessed and required to pay to the Village an amount to cover administrative costs associated with the hearing, including, but not limited to, attorney's fees, investigation fees and court reporting fees. The Local Liquor Commissioner shall designate the amount of costs in his/her Findings and Order. Provided, such costs shall not exceed one thousand dollars ($1,000.00).
(f) Any license may be denied or revoked when it is determined that the application, plans, or other supporting documents required by this Ordinance reflect a false statement or misrepresentation of a material fact. (Ord. No. 1741, § 27; Ord. No. 2388, § 13; Ord. No. 2450, § 4; Ord. No. 2541, § 11; Ord. No. 2735, § 1.)