The Mayor shall be the Local Liquor Control Commissioner for
the City of Lexington.
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.
(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.
(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.
The Local Liquor Control Commissioner shall
receive a salary of $25 per month.