Liquor Control Commission Issues Guidance to Municipalities of Emergency Suspension Powers
The Illinois Liquor Control Commission recently issued guidance to local liquor commissioners regarding their authority to temporarily suspend a liquor license for a period of 7 days in certain circumstances pursuant to section 7-5 of the Illinois Liquor Control Act. Section 7-5 provides as follows:
If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community he 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 7 days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses.
The Liquor Control Commission advises local liquor commissioners to take the following steps should a local liquor commissioner decide to exercise this authority against re-opened liquor license establishments whose operations are immediately threatening the welfare of the community, including the following:
1. Consult City Attorney.
2. Commence an investigation.
3. If necessary, notify the bar/restaurant in writing that LLCC could immediately cease the license without a hearing if they violate restaurant/bar reopening requirements.
4. If necessary, issue a written order ceasing the liquor license for no more than 7 days which may include the following information:
a. Cite 235 ILCS 5/7-5 of the Illinois Liquor Control Act.
b. State date/s and time/s of when order is in effect.
c. State the basis for LLCC conclusions that continued operation of the bar/restaurant will immediately threaten the welfare of the community.
d. State that the licensee has the right to be heard during the license cessation period. For example, LLCC could allow the licensee to submit a plan to help ensure compliance with State bar/restaurant requirements.
e. Sign and date the order.
f. Require law enforcement agency to personally serve the order on owners/officers.
g. Monitor and enforce order if necessary.
This guidance reminds municipalities of the authority they already have under state law to deal with licensed establishments whose operations are threatening the public welfare, such as during a pandemic.
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