Section 100.350 Procedures For Filing
Appeals From an Order of the Local Liquor Control Commissioner
Pursuant to Sections 3-12 and 3-13 of the Act [235 ILCS
5/3-12 and 3-13] and Section 10-25 of the Illinois Administrative
Procedure Act [5 ILCS 100/10-25]:
a) In all cases where an appeal from an order or action of the
local liquor control commissioner is filed with the Commission,
the party filing the appeal shall furnish along with the petition
to appeal:
1) a copy of the citation and notice of hearing before the local
liquor control commissioner, if any
2) a copy of the decision or order of the local liquor control
commissioner
3) a copy of any local ordinances charged to be violated
4) the current State Retail Liquor License number of the
establishment involved
5) a statement indicating whether or not the licensee has, within
the last 12-month period, had a suspension or revocation placed
upon the licensee, and if so, all the details relating to the
suspension or revocation thereto.
b) In all cases where an appeal is to be heard upon the record, a
certified official record of the proceedings taken and prepared
by a certified court reporter, along with all exhibits, shall be
filed by the local liquor control commissioner within 5 days
after notice of the filing of the appeal, if the appellant
licensee pays for the transcript and five additional copies. The
failure to file thecertified official record of the proceedings
before the local liquor control commissioner, without sufficient
written explanation, shall result in the appeal not being
docketed for hearing, as originally scheduled, or as continued by
the Commission.
c) The parties shall file six copies of any documents filed in
connection with the the appeal. The failure to file six copies of
any document to be considered by the Commission shall result in
the appeal not being docketed for hearing, as originally
scheduled, or as continued by the Commission.
d) Upon notice to the local liquor control commissioner that an
appeal has been accepted by the Commission, Section 100.230 of
this part shall become effective, when applicable.
e) All materials filed with the Commission shall be served upon
the opposing party, or parties in interest.
f) Proof of service upon the opposing party or parties in
interest shall accompany all materials filed with the Commission
and served upon the parties. All documents shall be served upon
the Commission by:
1) Personal delivery;
2) United States mail, enclosed in an envelope, plainly
addressed, with postage prepaid;
3) Via facsimile machine, provided original documents with
appropriate copies are also served via subsection (f) (1) or (2).
g) All material filed with this Commission shall be filed at
James R. Thompson Center, 100 West Randolph Street, Room 5-300,
Chicago, Illinois 60601; or 222 South College, 1st Floor,
Springfield, Illinois 62704.
h) The inability of any party to comply with the foregoing
requirements shall be detailed in written communication to the
Commission.
(Source: Amended at 21 Ill. Reg. 5542, effective May 1, 1997)
Section 100.360 Review on Record --
Certification of Ordinance
Pursuant to Sections 3-12, 3-13, 7-9 of the Act [235 ILCS
5/3-12, 3-13 and 7-9] and the Illinois Administrative Procedure
Act [5 ILCS 100]:
a) In all cases where an appeal shall be on the record pursuant
to the requirements of Section 7-9 of the Act [235 ILCS 5/7-9],
the local liquor control commissioner shall file with the
Commission a certified copy of the ordinance or resolution
adopted which requires that review shall be on the record.
b) Once the certified copy is filed with the Commission, it shall
serve as proof of said resolution for all subsequent appeals from
that local decision, upon a certified representation signed by
the local liquor control commissioner that said resolution is
currently in force and effect as applied to the pending matter.
c) All parties may also stipulate that review shall be on the
record.
(Source: Amended at 18 Ill. Reg. 4811, effective March 9, 1994)