Chicago Police DepartmentSpecial Order S04-25-01
License Revocation Procedures
Issue Date:23 December 2014Effective Date:23 December 2014
Rescinds:18 April 1991 Version
Index Category:Preliminary Investigations
I.Purpose
This directive continues procedures to be followed when the Mayors License Commission has scheduled a license revocation hearing or ordered a license revocation or suspension.
II.License Revocation Procedures
  • A.Notifications
    • 1.Court Section

      Upon receiving a Notice of Hearing form the City of Chicago: Department of Law will:
      • a.create a record number requesting the members appearance for a license revocation hearing.
      • b.forward that hearing notification to the commanding officer of the members unit of assignment or detail, who will inform the member of the required hearing appearance.
    • 2.Vice and Asset Forfeiture Division-Licensing Investigations Unit
      Whenever a revocation hearing has been scheduled, the Mayors License Commission will forward the Notice of Hearing and copies of witness subpoenas to the Vice and Asset Forfeiture Division- Licensing Investigations Unit. Upon receipt of these copies, the Vice and Asset Forfeiture Division-Licensing Investigations Unit will promptly:
      • a.forward, via the Police Document Section or special messenger, the Notice of Hearing, in triplicate (original and two copies) to the district in which the licensed establishment is located.
      • b.forward subpoenas in duplicate (original and one copy) to the districts of residence of witnesses.
    • 3.When the Notice of Hearing and witness subpoena (whether service has been completed or not) are returned to the Vice and Asset Forfeiture Division-Licensing Investigations Unit, section personnel will complete their files and forward the process to the Mayors License Commission prior to the scheduled hearing.
  • B.Notices of Hearing
    235 ILCS 5/7‑5, requires that the licensee be notified three days in advance of the date of liquor license hearings. Section 4-4-280, Municipal Code of Chicago, requires that the licensee be notified five days in advance of the date of non-liquor license hearings. However, in both instances the Department of Law has requested that notification be made at least seven days in advance, whenever possible, in order to afford both the licensee and the Department of Law sufficient time to prepare for the hearing.
    • 1.District Responsibility
      When a Notice of Hearing arrives at the district station, the date and time of receipt will be noted on the original. The district station supervisor will initial the notation and will ensure that prompt service is rendered. The completed documents will be returned to the Vice and Asset Forfeiture Division-Licensing Investigations Unit without delay and prior to the scheduled hearing. Service will be made by supervisors (normally district sergeants) and, when feasible, Chicago Alternative Policing Strategies Division Sergeants will be utilized for this function.
    • 2.Service of Notice of Hearing
      • a.The Department of Law advises that service of a Notice of Hearing need not be made personally to the licensee in license cases. A copy may be left on the premises with the manager or other employee in authority, e.g., the bartender.
      • b.In the event the establishment is a corporation, service may either be made to an agent of the corporation authorized to receive process or to an officer of the corporation. Should the premises be closed or no employee in authority available, a copy of the notice will be posted on the door or window of the licensed premises. In addition, the assigned supervisor will comply with Item II-B-2-e of this directive and will ensure that the Mayors License Commission is promptly notified weekdays 0830-1630 hours.
      • c.If the establishment is "Out of Business," the notice must be served on the licensee personally or a copy left at his residence with a responsible family member who is at least fourteen years of age. If the residence is located out of the district having responsibility, the supervisor will notify the Mayors License Commission which will serve the notice by certified mail.
      • d.When service is accomplished, the serving officer will complete the certification of service information on the lower left portion of the original copy of the notice and return it to the district station supervisor who will immediately forward it to the Vice and Asset Forfeiture Division-Licensing Investigations Unit. The third copy of the notice will be retained by the district.
      • e.Whenever service cannot be made before the end of the tour of duty, the supervisor who attempted service will submit a To-From-Subject report to his immediate supervisor explaining, in detail, the extent of his efforts. That immediate supervisor will then determine whether the succeeding watch should make further attempts to serve the notice or to return it to the Vice and Asset Forfeiture Division-Licensing Investigations Unit. In any case, a copy of the supervisors report will be forwarded with the documents.
  • C.Witness Subpoenas
    • 1.District Responsibility
      Upon receipt of the subpoena at the district station, the district station supervisor will ensure prompt service. The completed process will be returned to the Vice and Asset Forfeiture Division- Licensing Investigations Unit without delay and prior to the scheduled hearing.
    • 2.Service of Subpoena
      A subpoena may be served either directly to the person named or a copy may be left at his place of residence with a responsible family member who is at least fourteen years of age.
      • a.When services is accomplished, the applicable portion of the original copy of the subpoena will be completed by the serving officer and returned to the district station supervisor who will ensure that it is immediately forwarded to the Vice and Asset Forfeiture Division-Licensing Investigations Unit. Attempts will be made to obtain the telephone number or address change of persons subpoenaed, and this information will be included on the original.
      • b.Whenever service cannot be made before the end of a tour of duty, the assigned supervisor will comply with Item II-B-2-e of this directive.
    • 3.Department of Law investigators will:
      • a.serve Notices of Hearing and Subpoenas in license-violation cases.
        NOTE:
        District Personnel will retain concurrent responsibility.
      • b.provide a copy of the subpoena to the district commander to notify him or her of the service, the name of the licensee, the establishment, and all other relevant information regarding the service.
      • c.NOT be utilized to:
        • (1)serve Orders of License Revocation or Suspension; or
        • (2)close premises; or
        • (3)recover license(s).
      • d.notify the Office of Emergency Communications via radio of his or her arrival and departure from the location where services are to occur in addition to the name and address of the establishment.
  • D.Members appearing at a Mayors License Commission Hearing will report to City Hall, 121 N. LaSalle, Department of Business Affairs & Consumer Protection-Room 805.
III.Revocation and Suspensions
Orders of the Mayors License Commission revoking or suspending a license will be picked up by a special messenger from the district concerned.
  • A.Revocation Procedures
    • 1.Upon receipt of a license revocation order, a supervisor will be assigned to pick up the license, leave a copy of the order with the license or other employee in authority, affix a revocation notice sticker in a conspicuous place on the outside of the premises, and ensure that the premises are closed.
    • 2.The completed, original order and the license will be forwarded to the Vice and Asset Forfeiture Division-Licensing Investigations Unit.
    • 3.The third copy of the order will be retained by the district.
  • B.Suspension Procedures
    Upon receipt of a license suspension order, a supervisor will:
    • 1.be assigned to notify the licensee of the effective date of the order prior to its service. On the effective date of the order, a supervisor will be assigned to pick up the license, leave a copy of the order with the licensee or other employee in authority, and affix a suspension notice sticker in a conspicuous place on the outside of the premises. He will advise the licensee when the license may be reclaimed at the district station.
    • 2.complete the "Certification of Service" information on the original suspension order and forward it to the Vice and Asset Forfeiture Division-Licensing Investigations Unit without the license. The third copy of the order will be retained by the district for the duration of the suspension period. The license will be retained by the district commander for the duration of the suspension period, after which time it will be turned over to the licensee.
  • C.Non-Service of Revocation or Suspension Orders
    When service of a license revocation or suspension order cannot be effected before the end of the tour of duty, the supervisor who attempted service will leave a To-From-Subject report with his immediate supervisor explaining the extent of his efforts. That immediate supervisor will ensure that further attempts are made to serve the revocation or suspension order.
  • D.Surveillance
    • 1.District personnel will maintain a special attention on the said location in order to ensure compliance during the duration of the suspension, voluntary closing, or revocation.
    • 2.When a licensed establishment is found to be operating contrary to a revocation, suspension or voluntary closing order, members will follow the applicable provisions of the Department directive entitled "City Licensed Premises and Licensees" and prepare:
      • a.an Ordinance Complaint form which will be issued to the individual in charge of the premises, returnable on a court date, time and location set in accordance with the provisions of the current Department directive entitled "Court Call Schedule."
      • b.a Vice Case Report (CPD-11.414)
(Items indicated by italic/double underline were added or revised.)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
14-121 TSS