235 ILCS 5/7-9
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article VII - Licenses

 (from Ch. 43, par. 153)Sec. 7-9.         Except as provided in this Section, any order or action of a  local liquor control commissioner levying a fine or refusing to levy a fine  on a licensee, granting or refusing to grant a license,  revoking or suspending or refusing to revoke or suspend a license or  refusing for more than 30 days to grant a hearing upon a complaint to  revoke or suspend a license may, within 20 days after notice of such  order or action, be appealed by any resident of the political  subdivision under the jurisdiction of the local liquor control  commissioner or any person interested, to the State Commission.In any case where a licensee appeals to the State Commission from an  order or action of the local liquor control commission having the effect of  suspending or revoking a license, denying a renewal application, or  refusing to grant a license, the licensee shall resume the operation of the  licensed business pending the decision of the State Commission and the  expiration of the time allowed for an application for rehearing.  If an  application for rehearing is filed, the licensee shall continue the  operation of the licensed business until the denial of the application or,  if the rehearing is granted, until the decision on rehearing.In any case in which a licensee appeals to the State Commission a  suspension or revocation by a local liquor control commissioner that is the  second or subsequent such suspension or revocation placed on that licensee  within the preceding 12 month period, the licensee shall  consider the suspension or revocation to be in effect until a reversal of  the local liquor control commissioner's action has been issued by the State  Commission and shall cease all activity otherwise authorized by the  license.  The State Commission shall expedite, to the greatest extent  possible, its consideration of any appeal that is an appeal of a second or  subsequent suspension or revocation within the past 12 month period.The appeal shall be limited to a review of the official record of the  proceedings of such local liquor control commissioner if the county board,  city council or board of trustees, as the case may be,  has adopted a resolution requiring that such review be on the record. If such  resolution is adopted, 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.  The State Commission  shall  review the propriety of the order or action of the local liquor control  commissioner and shall consider the following questions:(a) whether the local liquor control commissioner has     proceeded in the manner provided by law;(b) whether the order is supported by the findings;(c) whether the findings are supported by substantial     evidence in the light of the whole record.The only evidence which may be considered in the review, shall be the  evidence found in the certified official record of the proceedings of  the local liquor control commissioner. No new or additional evidence  shall be admitted or considered. The State Commission shall render a  decision affirming, reversing or modifying the order or action reviewed  within 30 days after the appeal was heard.In the event such appeal is from an order of a local liquor control  commissioner of a city, village or incorporated town of 500,000 or more  inhabitants, granting or refusing to grant a license or refusing for  more than 30 days to grant a hearing upon a complaint to revoke or  suspend a license, the matter of the propriety of such order or action  shall be tried de novo by the license appeal commission as expeditiously  as circumstances permit.In the event such appeal is from an order or action of a local liquor  control commissioner of a city, village or incorporated town of 500,000  or more inhabitants, imposing a fine or refusing to impose a fine on a  licensee, revoking or suspending or refusing to revoke or  suspend a license, the license appeal commission shall determine the  appeal by a review of the official record of the proceedings of such  local liquor control commissioner. A certified record of the proceedings  shall be promptly filed with the license appeal commission by such local  liquor  control commissioner after notice of the filing of such  appeal if the appellant licensee pays for the cost of the transcript  and promptly delivers the transcript to  the local liquor control commission or its attorney.  The review by the license appeal commission shall be limited to  the questions:(a) whether the local liquor control commissioner has     proceeded in the manner provided by law;(b) whether the order is supported by the findings;(c) whether the findings are supported by substantial     evidence in the light of the whole record.    No new or additional evidence in support  of or in opposition to such order or action under appeal shall be  received other than that contained in such record of the proceedings.  Within 30 days after such appeal was heard,  the license appeal  commission shall render its decision in accordance with the provisions  of Section 7-5.In cities, villages and incorporated towns having a population of  500,000 or more inhabitants, appeals from any order or action shall lie  to the license appeal commission of such city, village or incorporated  town. All of the provisions of this Section and Section 7-10 relative  to proceedings upon appeals before the State Commission  and relative to appeals from the decisions of the State Commission shall  apply also to proceedings upon appeals before any license appeal  commission and appeals from the decisions of license appeal commission.In any trial de novo hearing before the State Commission or license  appeal commission, the local liquor control commissioner shall be  entitled to 10 days notice and to be heard. All such trial de novo  hearings shall be open to the public and the Illinois Liquor Control  Commission and the license appeal commission shall reduce all evidence  offered thereto to writing.If after trial de novo hearing or review as provided herein, the  State Commission or the license appeal commission (as the case may be)  shall decide that the license has been improperly issued, denied,  revoked, suspended or refused to be revoked or suspended or a hearing to  revoke or suspend has been improperly refused or that the licensee has been  improperly fined or not fined, it shall enter an order  in conformity with such findings, which order shall be in writing.A certified copy of the order shall be transmitted to the particular  local liquor control commissioner and it shall be the duty of the local  liquor control commissioner to take such action as may be necessary to  conform with the order.In any trial de novo hearing before the State Commission or the  license appeal commission, the licensee shall submit to examination and  produce books and records material to the business conducted under the  license in like manner as before the local liquor control commissioner,  and the failure of the licensee to submit to such an examination or to  produce such books and records, or to appear at the hearing on such  appeal, shall constitute an admission that he has violated the  provisions of this Act. In the event the appeal is from an order of the  local liquor control commissioner  denying a renewal application, the  licensee shall have on deposit with the local liquor control  commissioner an amount sufficient to cover the license fee for the  renewal period and any bond that may be required.    (Source: P.A. 88-613, eff. 1-1-95.)