(A) Duties and authority. The liquor commissioner shall have the authority to administer and enforce the Liquor Act and this chapter within the city.
(B) Deputy liquor commissioner. The liquor commissioner shall have the authority to designate one or more persons to assist the liquor commissioner in the exercise of the powers and the performance of the duties under the Act and this chapter and each such person, if any, shall be designated as a deputy liquor commissioner.
(C) Inspections of premises. By virtue of possessing a license issued pursuant to this chapter, the liquor commissioner or any state, federal, city law enforcement officer, or city code inspector shall have the authority to enter upon the licensee’s premises at any time for the purpose of conducting an inspection to determine whether the licensee and/or the licensee’s premises is in compliance with all state and local laws and ordinances. Such inspection may include an examination of the licensee’s financial books and records. If such inspection establishes probable cause that a state or local law or city ordinance has been violated, the liquor commissioner, law enforcement officer, or city code inspector, as the case may be, shall have authority to seize the evidence upon which said probable cause is believed to exist.
(D) Temporary emergency suspensions.
(1) The liquor commissioner shall have the authority to issue a temporary emergency suspension of the retail sale or consumption of alcohol at any one or more licensees’ premises, whether said licensee sells or serves alcohol for consumption on-premises or off-premises, if the liquor commissioner has reason to believe that such retail sale or service presents a threat to human life, health or safety or to property, or where the Police Chief requests the issuance of such an emergency suspension. No such temporary emergency suspension shall be issued unless the Police Chief or his or her designee presents the liquor commissioner with evidence that such threat exists.
(2) The liquor commissioner shall have the authority to temporarily suspend or revoke a licensee’s license if the liquor commissioner determines that:
(a) The licensee has violated:
1. Any provision of this chapter;
2. Any provision of any other city ordinance;
3. Any state or federal law including the Liquor Act or Gaming Act or any other related city ordinance; violated of any state law pertaining to violations involving alcohol; failed to pay retail sales taxes; permitting unlawful gambling on the premises covered by the license; failed to report or pay when due the city’s liquor tax;
(b) The owner, manager, or employee of a licensed premises is intoxicated on the licensed premises;
(c) The owner, manager, or employee of a licensed premises is charged with a violation of federal or state law or city ordinance pertaining to assault, battery, disorderly conduct, possession of a controlled substance, or possession of marijuana and the violation has occurred on the licensed premises;
(d) The licensee has made a willful or false statement as to a material fact in the application for a license or a rider;
(e) The corporate, limited liability company licensee is no longer in good standing as shown by the Illinois Secretary of State’s website;
(f) The licensee failed or refused to comply with any rules or regulations promulgated by the liquor commissioner including, but not necessarily limited to a security plan issued in connection with the license or rider;
(g) The licensee failed to pay any fines or costs imposed pursuant to this chapter within 21 days of notice of the imposition of such fines or costs;
(h) The licensee failed to answer under oath all relevant and material questions propounded to the licensee at a hearing conducted pursuant to this chapter;
(i) The licensee failed to maintain dram shop insurance required by this chapter; or
(j) The licensee’s, if a tenant of the premises, rights to occupy the leased premises was terminated or if the lease pursuant to which the licensee occupied the premises expired.
(3) In the event that the liquor commissioner is unavailable to issue a temporary emergency suspension in response to such an emergency, then the Chief of Police shall have the authority to issue any such temporary emergency suspension if he or she believes that such retail sale or service presents a threat to public safety or to property.
(4) Any temporary emergency suspension issued pursuant to this section shall be in writing and, at a minimum, state the date and time it was issued and the date and time when it begins and ends. The temporary emergency suspension shall be signed by the person issuing the temporary emergency suspension.
(5) No temporary emergency suspension issued pursuant to this section shall be for a period exceeding 120 consecutive hours. However, nothing in this section shall be construed as preventing the liquor commissioner or the Chief of Police from issuing one or more additional temporary emergency suspensions if such issuing person believes that conditions that threaten human life, health or safety or property are continuing beyond the time when the initial or any subsequent renewal of a temporary emergency suspension expires.
(E) Temporary declarations. The liquor commissioner shall have the authority to designate, in a written declaration, specific events not otherwise provided for in this chapter at which alcohol may be consumed on public property where affirmative precautions have been taken to protect human life, health and safety, and property. Such events may include but shall not be limited to festivals, parades, and pop-up events where refreshment areas are specifically designated or otherwise provided for. Nothing herein shall be deemed or construed as waiving the requirement of obtaining a license by the person hosting or sponsoring the event or, if different, the person serving and/or selling alcohol at such event.
(F) Rules and regulations. The liquor commissioner shall be authorized to adopt such rules and regulations as the liquor commissioner deems reasonable, necessary, and appropriate for carrying out the purpose and intent of this chapter. If the liquor commissioner adopts any such rules and regulations, the same shall be made available on the city’s government website.
(Ord. 9470, passed 3-5-24)