§ 6-41. Decisions of local liquor control commissioner and penalties.

(a)

In all cases presented to the commissioner wherein a licensee is alleged to have violated this article, state law or applicable rules and regulations, the commissioner shall within five business days after the conclusion of the public hearing reduce his findings and reasons to writing and shall enter and serve upon the licensee a written order.

(b)

In any case where the commissioner determines that a violation of this chapter, state law or applicable rules and regulations, has occurred, the commissioner may proscribe any of the following penalties:

(1)

Direct a written reprimand to the licensee and place a copy of such reprimand on file in the licensee's liquor license application file.

(2)

Impose a fine upon the licensee. Any fine imposed shall not exceed $1,000.00 for each violation. Each day on which a violation continues shall constitute a separate violation for which a separate fine may be assessed. No licensee shall be fined more than $10,000.00 in the aggregate during any license year.

(3)

Suspend the licensee's liquor license for a period of not more than 30 days. In the case of a suspension, the suspension shall begin and end as specified by the commissioner in his written order.

(4)

Revoke the licensee's liquor license.

(5)

In the case of a class B licensee's suspension or revocation of license, all alcoholic liquor must be removed from the licensed premises within 24 hours of such action.

(6)

Revoke the licensee liquor license and have the same reissued as an "RL" license.

(c)

In all cases where the commissioner determines that a penalty is appropriate, the commissioner may consider the following criteria in deciding the nature of the penalty, the amount of any fine or the length of time of any suspension and whether revocation is warranted:

(1)

The nature of the violation;

(2)

The factual situation and circumstances as presented at the public hearing;

(3)

Past action by the commissioner in similar situations;

(4)

Facts or circumstances in aggravation or mitigation regarding the violation;

(5)

Prior violations committed by the same licensee during the three-license years immediately preceding the year in which the violation occurs.

(Ord. No. 4140, Exh. A, 1-10-2005; Ord. No. 4147, § 1, 1-24-2005)