§ 3-40. Suspension or revocation; imposition of fines.

(a)

If, after notice and hearing as provided in this section, the local liquor control commissioner determines that a licensee under this article violated any of the provisions of this chapter, any regulations adopted by him or any other laws or regulations of the United States or the state relating to the sale of alcoholic liquors at retail, the local liquor control commissioner may take any one of the following actions with respect to such license and the licensee:

(1)

He may revoke the license.

(2)

He may suspend the license for a period not to exceed 30 days.

(3)

He may impose a fine of up to $1,000.00 for each violation, with each day a violation continues to constitute a separate violation; provided, however, that in no event shall more than $10,000.00 in fines be imposed during any annual license term.

(b)

No license shall be suspended or revoked or fine imposed except after a public hearing before the local liquor control commissioner after at least three days' written notice to the licensee setting forth the nature of the violation alleged and affording the licensee the opportunity to appear and defend. All hearings shall be open to the public and a transcript of the proceedings and all evidence shall be made and shall be a part of the official record of the proceedings. Within five days after such hearing, the local liquor control commissioner shall make a written order setting forth his findings and the reasons for the order and, if he finds a violation occurred warranting revocation or suspension of the license or the imposition of a fine, he shall set forth that the license has been revoked, the period of the suspension or the amount of the fine, as applicable, and a copy of the written order shall be served upon the licensee within the five-day period.

(c)

In determining the action to be taken with respect to any license as to which a violation has occurred, the local liquor control commissioner shall consider the nature and extent of the detriment from the violation to the city and its residents, the prior record of the licensee with respect to compliance with the provisions of this chapter and other applicable laws and regulations, whether similar violations by the licensee are likely to occur in the future, the deterrent effect upon other license holders which may result from the action taken with respect to the license, and any other matter or factor which he shall determine to be relevant in the administration of the regulations of this chapter and the exercise of his discretion and authorities under this chapter. In the administration of the powers of the local liquor control commissioner to suspend or revoke licenses, additional licensee privileges authorized under section 3-31 shall constitute a separate license under this article and may be suspended or revoked separately or in combination with the general class A, B, C or D license held by the affected licensee.

(Code 1966, § 19.23; Ord. No. 89-O-027, § 1, 8-21-89)