The President shall serve as the Local Liquor Control Commissioner
of the Village and shall be charged with the administration of the
provisions of the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1
et seq., and of such ordinances and resolutions relating to alcoholic
liquor as may be enacted. The President may appoint a person or persons
to assist him or her in the exercise of the powers and the performance
of the duties provided for such Local Liquor Control Commissioner.
The Local Liquor Control Commissioner shall have the following
powers, duties and functions with respect to local liquor licenses:
(A)
To grant or deny any application for the issuance or renewal of a
local liquor license, in accordance with the provisions set forth
in Article 2 of this chapter.
(B)
Upon a violation of Article 1 or 2 of this chapter, to fine local
liquor licensees, and/or to suspend or revoke local liquor licenses,
in accordance with the provisions set forth in this Article 1.
(C)
To adopt rules and regulations for the conduct and operation of a
licensee's business which are not inconsistent with state law or this
Code.
(D)
To enter or to authorize any law enforcing officer to enter, at any
time, upon the premises licensed hereunder to determine whether any
of the provisions of the state law or Village ordinances or any rules
or regulations adopted by him or her or by the State Commission have
been or are being violated, and at such time to examine the premises
of the licensee in connection therewith.
(E)
To order local license fees to be paid to the Village Finance Director.
(F)
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, or any licensee against whom a citation proceeding has been instituted by the State of Illinois Liquor Control Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee or respondent; and to hear testimony and take proof for his or her information in the performance of his or her duties; and for such purposes 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 10-1-2, he or she may authorize his or her agent to act on his or her behalf.
(G)
To order, upon the issuance of a written order, the licensed premises
closed for not more than seven days, giving the licensee an opportunity
to be heard during that period, if the Local Liquor Control Commissioner
has reason to believe that any continued operation of a particular
licensed premises will immediately threaten the welfare of the community.
Except that if such licensee shall also be engaged in the conduct
of another business or businesses on the licensed premises, such order
shall not be applicable to such other business or businesses.
(H)
To perform all other duties required pursuant to the Liquor Control
Act.
(A)
Enforcement against violator. All alleged violations of Article 1 or 2 of this chapter shall be adjudicated by either the Administrative Hearing Officer, in accordance with Chapter 18, Article 3, of this Code, or by a court of competent jurisdiction. The Village shall determine, in its sole discretion, whether to adjudicate each alleged violation of Article 1 or 2 of this chapter through the Administrative Hearing Office or through a court of competent jurisdiction.
(B)
Enforcement against local liquor licensee. The Local Liquor Control Commissioner may conduct a hearing in accordance with Section 10-1-5 of this Code regarding any action to be taken or penalty to be imposed against a local liquor licensee for a violation of Article 1 or 2 of this chapter that occurs at the licensed premises under the control of the local liquor licensee.
The Local Liquor Control Commissioner may, in his or her discretion and in accordance with the procedures set forth in Section 10-1-5 of this Code, fine a local liquor licensee, or revoke or suspend any local liquor license issued pursuant to Article 2 of this chapter, upon the occurrence of any of the following:
(A)
Violation of any provision of Article 1 or 2 of this chapter by a
local liquor licensee, or any officer, director, manager, representative,
agent or other employee thereof, while (a) engaged in activities in
furtherance of the business of the local liquor licensee, or (b) on
the licensed premises;
(B)
Violation of any federal, state, county, or Village statute, ordinance,
law, rule or regulation pertaining to the sale of alcoholic liquor;
(C)
Failure to pay any license fee or any tax imposed by any unit of
government on alcoholic liquor or the sale thereof;
(D)
Failure to pay all taxes due and owing to the Village;
(F)
Receipt by the Local Liquor Control Commissioner of a complaint of
the Illinois Department of Revenue pursuant to Section 6-3 of the
Liquor Control Act,[1] alleging that the local liquor licensee has committed
a violation of a tax statute administered by such Department;
[1]
Editor's Note: See 235 ILCS 5/6-3.
(G)
Issuance of a false statement in connection with obtaining a local
liquor license pursuant to Article 2 of this chapter;
(H)
Violation of a condition of a local liquor license granted pursuant
to Article 2 of this chapter;
(I)
Conviction of the applicant, or any officer, director, manager, or
shareholder thereof, of a felony pursuant to any federal or state
law; or
(J)
Any change regarding a local liquor licensee, or regarding any existing
or new partner, officer, director, manager, or shareholder thereof,
that causes the local liquor licensee to be ineligible for a local
liquor license pursuant to Article 2 of this chapter.
No such liquor license shall be revoked or suspended except
after a public hearing before the Local Liquor Control Commissioner.
The Local Liquor Control Commissioner shall give written notice to
the licensee not less than three days prior to the hearing, affording
the licensee an opportunity to appear and defend or otherwise answer.
The Local Liquor Control Commissioner shall, within five days
after such hearing, if he or she determines that the license should
be revoked or suspended or fined, state the reason or reasons for
such determination in a written order of revocation or suspension
and shall serve a copy of such order within the five days upon the
licensee.
Pursuant to Section 7-9 of the Liquor Control Act,[1] all orders or actions of the Local Liquor Control Commissioner
regarding whether to grant a local liquor license, impose a fine against
a local liquor licensee, or revoke or suspend a local liquor license
shall be appealable to the Illinois Liquor Control Commission.
[1]
Editor's Note: See 235 ILCS 5/7-9.
Any licensee determined by the Local Liquor Control Commissioner
to have violated any of the provisions of the Illinois Liquor Control
Act of 1934, as amended, or of any ordinance or resolution of the
Village, or any rule or regulation established by the Local Liquor
Control Commissioner, or the State Commission, shall reimburse the
Village for all costs incurred in connection with a hearing conducted
pursuant to this Article 1, including, without limitation: court reporter
fees, the cost of transcripts or records, attorney fees, and the cost
of preparing and mailing notices and orders. The licensee shall pay
said costs to the Village within 30 days of notification of the costs
by the Local Liquor Control Commissioner. Failure to pay said costs
within 30 days after notification shall constitute cause for license
revocation or suspension. In the event of an appeal to the State Commission,
and in cases where appeal is taken under the Administrative Review
Act,[1] payment is due 40 days after entry of an order finally affirming the determination of the Local Liquor Control Commissioner. The remedies afforded in this Section 10-1-7 are not exclusive, and any such sums assessed hereunder may be collected as any other debt.
[1]
Editor's Note: See 735 ILCS 5/3-101 et seq.
