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RETAIL ESTABLISHMENTS GENERALLY
§ 113.020 POLICE ENFORCEMENT AUTHORIZATION.
   (A)   Free and unrestricted access to the licensed premises shall be given at all times to any police officer for the investigation or inspection of the premises for the purpose of enforcing this chapter.
   (B)   The Chief of Police or, in his or her absence, the highest ranking police supervisor then on duty, is authorized to order the immediate closing of any licensed premises if the Chief or ranking supervisor believes that the action is necessary to preserve the public peace and order, or to protect evidence relating to the investigation of an ordinance or statute violation.
   (C)   It is the affirmative duty of a licensee and any officer, manager, and authorized representative of the licensee to report promptly to the police department all illegal activity reported to or observed by such person on or within sight of the licensed establishment; to answer fully and truthfully all questions of an identified police officer who inquires or investigates concerning persons or events in or around the licensed establishment: and to cooperate with the police in any such inquiry or investigation.
(1990 Code, § 3-36) (Ord. 84-940, passed 4-18-1984; Ord. 16-3530, passed 11-7-2016)
§ 113.021 MISREPRESENTATION OF AGE.
   (A)   No minor shall misrepresent his or her age for the purpose of purchasing or otherwise obtaining alcoholic liquor in or from a licensed premises.
   (B)   For the purpose of preventing a violation of this section, any licensee or his or her agent or employee may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and for the fact that he or she is over the age of 21 years.
(1990 Code, § 3-37) (Ord. 84-940, passed 4-18-1984; Ord. 06-3149, passed 8-7-2006) Penalty, see § 113.999
Statutory reference:
   Misrepresentation of age by persons under 21, see ILCS Ch. 235, Act 5, § 6-16
RETAIL ESTABLISHMENTS, LICENSE
§ 113.034 PROCESS FOR ISSUANCE AND RENEWAL; ADMINISTRATIVE APPEAL.
   (A)   Applications submission.
      (1)   Issuance. All applicants for a new license shall submit to the City Clerk an application in accordance with § 113.037 of the municipal code with the required application fee.
      (2)   Renewal. Each applicant for a license renewal shall submit to the City Clerk an application provided by the city clerk updating any relevant information 30 days prior to expiration (including any grace period). No application fee is required, however if renewed, licensee must pay the annual fee for the applicable classification of license pursuant to this chapter. Nothing herein shall prohibit renewal of an untimely application otherwise meeting renewal requirements, nor require renewal of an otherwise complying untimely application.
   (B)   Disposition.
      (1)   Issuance. The City Clerk shall forward the application to officials for investigation and review, including but not limited to the police department, City Attorney, and local liquor control commissioner. Each official investigating and reviewing the application for issuance, shall submit an informal recommendation of approval, denial or approval with conditions to the local liquor control commissioner. Upon receiving recommendations from the required officials, and upon determination that nothing within the municipal code prohibits issuance of the license, the local liquor control commissioner shall grant the license or grant such license upon certain conditions. However, if the local liquor control commissioner determines based on review of the application and informal reports that the applicant is prohibited from having a license pursuant to the city code, the local liquor control commissioner shall deny such license and provide a written notice to the applicant stating the reasons for denial and opportunity for an administrative hearing to present evidence and have the decision reviewed.
      (2)   Renewal. The local liquor control commissioner shall review the renewal application for any updates that require further investigation and shall issue a renewal unless such renewal application identifies information prohibiting the issuance of a license pursuant to the municipal code or other reasons provided in this chapter. Upon denial of any renewal, the local liquor control commissioner shall provide a written notice to the applicant stating the reasons for denial and opportunity for an administrative hearing to present evidence and have the decision reviewed.
   (C)   Administrative hearing. Upon any denial of issuance or renewal of the license or denial of a proposed change of premises, the licensee may request an administrative hearing before the local liquor control commissioner to review such decision. Such hearing is a prerequisite to review by the State Liquor Commission. The hearing shall be open, and all interested parties shall have the right to speak and present evidence supporting or contesting the denial. After hearing all evidence, the local liquor control commissioner shall issue a final written order affirming the denial, reversing the denial or reversing the denial with conditions imposed and stating the reasons thereof to the applicant either in person or by certified mail.
(Ord. 16-3530, passed 11-7-2016)
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