§ 6-61. Hearing procedure.

The local liquor control commissioner shall be bound by the requirements of the Illinois Liquor Control Act, 235 ILCS 5/1-1 et seq., as amended, and this chapter. In addition, the following provisions are applicable to all hearings required to be heard before the local liquor control commissioner:

(1)

No local liquor license shall be revoked, suspended, and no licensee shall be fined except after a public hearing before the local liquor control commissioner or his designee with no less than a three-day written notice to the licensee setting forth the nature of the violation alleged and affording the licensee an opportunity to appear and defend.

(2)

All such hearings shall be open to the public and an official record shall be made by a certified court reporter in attendance.

(3)

All motions shall be in writing and shall be served upon the local liquor control commissioner at least one day prior to presentation.

(4)

No motion for a continuance first made on the date of the hearing shall be granted unless for good cause to avoid hardship or to avoid substantial injustice.

(5)

In addition to contested hearings, disposition of any matter brought before the local liquor control commissioner for hearing may be made by stipulation, agreed settlement, consent order, or default.

(6)

If the local liquor control commissioner determines that the licensee is not liable for the offense charged or that the local liquor license shall be revoked or suspended and/or a fine imposed, the local liquor control commissioner shall state the reasons for such determination in a written order setting forth that the offense charge be dismissed or setting forth the period of suspension or that the license has been revoked and/or the amount of the fine imposed, as the case may be; and he shall serve a copy of such written order within five days upon the licensee.

(7)

If the local liquor control commissioner has reason to believe that continued operation of any licensed premises presents an imminent threat to the welfare of the village, he may, upon the issuance of a written order stating the reasons for such conclusion and without notice or prior hearing order the licensed premises closed for a period not to exceed seven days. The local liquor control commissioner shall afford the licensee an opportunity to be heard during the seven-day period in accordance with the hearing procedures set forth in this section.

(8)

Any licensee aggrieved by a decision of the local liquor control commissioner may appeal that decision pursuant to the provisions of Section 5/7-9 of the Liquor Control Act (235 ILCS 5/7-9); provided, however, that any appeal of the proceedings for the imposition of a revocation or suspension and/or fine shall be limited to review of the official record of the proceedings before the local liquor control commissioner.

(Code 1964, § 03-44; Ord. No. 90-21, 4-9-1990; Ord. No. 2008-02, § 4(03-44), 1-14-2008)