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PROPOSED ORDINANCE AMENDMENT
ALCOHOLIC LIQUOR
NOW THEREFORE BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 6 - Alcoholic Liquor, Section 6-39 be amended as follows:
Chapter 6 - ALCOHOLIC LIQUOR
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Sec. 6-39. - Procedures for assessment of a fine, revocation or suspension of license.
(a) The Liquor Control Commissioner may revoke, suspend or assess a fine ranging from $1,000.00 to $15,000.00 against any license issued by him or her if he or she determines the licensee has violated any of the provisions of this Chapter, or any applicable rules and regulations established by the Liquor Control Commissioner or the Illinois Liquor Control Commission.
(b) The licensee who continues to hold a debt or unpaid tax to the County after being licensed under this Chapter may have his or her license suspended or revoked.
(c) A retailer's liquor license shall not be revoked or suspended nor shall a fine be assessed except after a public hearing. The Liquor Control Commissioner shall send a 14-day written notice to the licensee affording the licensee an opportunity to appear and defend prior to any hearing. All such hearings under this Section shall be conducted pursuant to Chapter 2, Article 9 of the Cook County Ordinances or the rules of procedure as adopted by the Liquor Control Commissioner.
(d) The Liquor Control Commissioner may personally conduct the hearing or refer the matter to be heard by administrative hearing pursuant to Chapter 2, Article 9 of the Cook County Ordinances. The procedure of the hearing shall be governed by the rules promulgated by the Liquor Control Commissioner. Within 30 days after the conclusion of the hearing, if the Liquor Control Commissioner finds by a preponderance of the evidence that the licensee violated one or more of the charges set out in the notice, the Liquor Control Commissioner may suspend the license for a set period of time or revoke the license. In addition, the Liquor Control Commissioner may impose a fine.
(e) In the event that the matter is heard pursuant to Chapter 2, Article 9 of the Cook County Ordinances then within seven days after the conclusion of the hearing, the hearing officer shall submit to the Liquor Control Commissioner proposed conclusions of law, proposed findings of fact, and a recommended decision. The Liquor Control Commissioner may agree, disagree, or modify the recommended decision and shall issue a decision as to whether imposition of a fine, suspension of license, or license revocation is warranted. The Liquor Control Commissioner's decision shall be the final administrative decision of the Liquor Control Commissioner.
(f) The Liquor Control Commissioner's decision shall be issued within 30 days of the conclusion of the hearing.
(g) If prior to rendering a decision, the Liquor Control Commissioner has reason to believe that the continued operation of a particular licensed premises will immediately threaten the welfare of the community he or she may upon issuance of a written order stating the reason for such conclusion without notice or hearing, order the licensed premises closed for not more than 14 days. The licensee shall have the opportunity to be heard during that period. If the licensee is conducting another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses contingent upon the other business neither serving, making for sale, or giving away any form of alcoholic beverage.
(h) A licensee or an agent of the licensee may not tamper, deface, or alter such order. A licensee shall be held strictly liable for any tampering defacement or alteration of such order.
(i) Any licensee whose license is the subject of such hearings and found by the Liquor Control Commissioner to be in violation of one or more of the violations set out in the notice, shall pay to the County, within 30 days after the liquor commissioner adjourns the last hearing, all fines and costs. Any licensee who fails to pay all fines and costs required by this Section shall be ineligible to have their license renewed at the next applicable renewal and shall be ineligible for issuance of a new license under this Chapter. The fact that the licensee may appeal the Liquor Control Commissioner's suspension or revocation order to the Illinois Liquor Commission shall not affect the licensee's duty to pay all such fees and costs required by this Section. For each day after the thirtieth day payment is due a licensee fails or refuses to pay the fees and costs required by this Section, the licensee shall be fined $200.00 per day, such fines which will accrue on the balance due, up to a total of $15,000.00. Where the decision of the Liquor Control Commissioner is reviewed through an administrative or judicial process and ultimately that decision is fully reversed, licensee's payment of such fees and costs will be refunded by the county.
(j) All appeals of any suspension or revocation order of the Liquor Control Commissioner shall be made on the record to the Illinois Liquor Control Commission in accordance with Sec. 7-9 of the Liquor Control Act of 1934. The appeal shall be limited to a review of the official record of the proceedings of the local liquor control commissioner. A certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the local liquor control commissioner within 5 days after notice of the filing of such appeal if the appellant licensee pays for the cost of the transcript.
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Effective date: This ordinance amendment shall be in effect immediately upon adoption.
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