The Mayor shall be the Local Liquor Control Commissioner for the City of Lexington.[1]
[1]
Editor's Note: Former § 12.2A, Local Liquor Control Commission, added 12-13-1999 by Ord. No. 1999-19, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Local Liquor Control Commissioner shall be charged with the administration within the City of Lexington of the appropriate provisions of the Liquor Control Act of 1934 (235 ILCS, Chapter 235, Act 5) and of such ordinances and resolutions relating to alcoholic liquor as may be enacted by the City Council of the City of Lexington. The Local Liquor Control Commissioner shall also have the following powers, functions, and duties with respect to liquor licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, nonresident dealers, non-beverage users, brokers, railroads, airplanes and boats:
A. 
To grant and/or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within the City of Lexington;
B. 
To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of the Liquor Control Act (235 ILCS, Chapter 235, Act 5) or any rules or regulations adopted by him/her or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;
C. 
To notify the Secretary of State where a club incorporated under the General Not-for-Profit Corporation Act or a foreign corporation functioning as a club in this state under a certificate of authority issued under that Act has violated the Liquor Control Act (235 ILCS, Chapter 235, Act 5) by selling or offering for sale at retail alcoholic liquors without a retailer's license;
D. 
To receive complaint from any citizen within his/her jurisdiction that any of the provisions of the Liquor Control Act (235 ILCS, Chapter 235, Act 5) or any rules or regulations adopted pursuant thereto have been or are being violated and to act upon such complaints in the manner hereinafter provided;
E. 
To receive local license fees and pay the same forthwith to the City Treasurer; and
F. 
To levy fines and/or impose a suspension in accordance with the following schedule:
(1) 
Schedule of fines and/or suspension.[1]
(a) 
First offense: fine of not more than $1,000.
(b) 
Second offense: fine of not more than $1,500.
(c) 
Third or subsequent offense within a twelve-month period: fine of not more than $2,500 and/or a one-day suspension.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The imposition of a fine and/or suspension shall follow the procedure specified in 235 ILCS 5/7-5.
The Local Liquor Control Commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined the books and records of any such applicant or licensee; to hear testimony and take proof for his/her information in the performance of his/her duties, and for such purpose to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any of the information desired by the Local Liquor Control Commissioner under this section, he/she may authorize his/her agent to act on his/her behalf.
The Local Liquor Control Commissioner shall have the right to require fingerprints of any applicant for a local license or for a renewal thereof other than an applicant who is an air carrier operating under a certificate or a foreign air permit issued pursuant to the Federal Aviation Act of 1958. Each applicant shall submit his or her fingerprints to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of conviction to the Local Liquor Control Commissioner. For purposes of obtaining fingerprints under this section, the Local Liquor Control Commissioner shall collect a fee and forward the fee to the appropriate policing body, which shall submit the fingerprints and the fee to the Illinois Department of State Police.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Local Liquor Control Commissioner shall receive a salary of $25 per month.