Section 100.230  Resumption of Business on Appeal

a)         In any case where a licensee appeals to the Illinois Liquor Control Commission from an order of the Local Liquor Control Commission, fining, suspending or revoking a license, or denying a renewal application and in which latter circumstance said licensee shall have on deposit with the Local Liquor Control Commission an amount sufficient to cover the license fee for the renewal period and any bond that may be required, the licensee may resume the operation of the licensed business pending the decision of the Illinois Liquor Control Commission and the expiration of the time allowed for an application for rehearing.

b)         Second or subsequent Suspension or Revocation

1)         The foregoing shall not apply to the appeal of a suspension or revocation order entered by a Local Liquor Control Commissioner that is the second or subsequent such suspension or revocation placed upon that licensee within the preceeding 12 month period.

2)         In such event, the licensee shall cease all activity otherwise authorized by the liquor license.

c)         If in the event of a hearing upon a second or subsequent revocation as stated above, the State Liquor Control Commission reverses or modifies the action of the Local Liquor Control Commissioner, the licensee may immediately resume operation of the licensed business pursuant to the terms of the State Commission's order.

d)         If an application for rehearing is filed in either a first revocation, suspension or fine situation, or a second or subsequent revocation or fine that the State Commission has reversed or modified, the licensee may continue the operation of the licensed business until the denial of the application or if the rehearing is granted, until the decision on rehearing.

(Source:  Amended at 12 Ill. Reg. 19387, effective November 7, 1988)