A. Local Liquor Control Commissioner: The president or mayor of the village of Heyworth shall be and is hereby designated as the local liquor control commissioner as such term is defined in the liquor control act. The commissioner is charged with the administration and enforcement of the appropriate provisions of the liquor control act, of this chapter, and of such additional ordinances, resolutions, rules and regulations pertaining to the sale, retail or consumption of beer, wine and all alcoholic beverages and any and all activities in connection therewith in the corporate jurisdiction of the village of Heyworth. Compensation for the commissioner and any appointed deputies, assistants or employees related thereto shall be determined by the village board of trustees as outlined in the annual appropriation ordinance.
1. Powers, Duties And Functions: The commissioner shall have the following powers, duties and functions:
a. To receive applications for the issuance of licenses pursuant to this chapter, the investigation of applicants, and the granting or renewal of liquor licenses provided for herein;
b. To receive complaints from any citizen or person within its jurisdiction that any of the provisions of this chapter or any other ordinance, resolution, rule or regulation relating to the sale, control or licensing of alcoholic beverages have been or are being violated and to act upon such complaints in the manner herein provided;
c. To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed pursuant to this chapter to determine whether or not any of the provisions of this chapter or any other ordinance, resolution, rule or regulation relating to the sale, control or licensing of alcoholic beverages have been or are being violated and to examine such premises of any such licensed premises or licensee, including books, records or license of the licensee in connection therewith;
d. To investigate the complaint of any citizen, person or law enforcement officer and to conduct hearings on any alleged violation of this chapter examining or causing to be examined, under oath, complainants, licensees and any other person or interested party in connection therewith. The commissioner may examine or cause to be examined the books and records of any licensee and may hear testimony and take proof as to the performance of the licensee's duties and for such other purpose as the commissioner might find necessary. The commissioner may issue subpoenas and compel the appearance and testimony of any person in connection therewith; and
e. To create a commission, appointed by the commissioner, that may assist and advise the commissioner in the regulation and enforcement of the provisions of this chapter.
2. Revocations, Suspensions, And Violations: The commissioner shall also have the power:
a. To issue written reprimands, fine licensees in accordance with section 7-5 of the liquor control act 1 and as hereinafter set forth, grant and/or to suspend, for not more than thirty (30) days, or revoke for any cause hereinafter set forth, or deny the renewal of a license, all local licenses issued to persons for premises within the commissioner's jurisdiction, if:
(1) The licensee has violated any laws of the United States relating to the sale of alcoholic liquor, any of the provisions of the liquor control act, any of the provisions of this chapter or any applicable rules and regulations adopted by the Illinois state liquor control commission, the village board of trustees, or the commissioner;
(2) Any licensee or other required party has made any false statement as to a material fact in the application for any license, application for change of ownership of any licensed premises, or any request or renewal in connection with the renewal of any license;
(3) On complaint of the department of finance for any of following violations of any tax act administered by the department for:
(A) Failure to file a tax return;
(B) The filing of a fraudulent tax return;
(C) Failure to pay all or part of any tax or penalty finally determined to be due;
(D) Failure to keep books and records;
(E) Failure to secure and display a certificate or subcertificates of registration, if required; and
(F) Wilful violations of any rule or regulation of the department relating to the administration and enforcement of tax liability; and
(4) When any license has been revoked for any cause, no license shall be granted to any such licensee or to any such premises described in the revoked license for the period of one year thereafter.
b. To cause the initiation of legal proceedings under the penalty provisions of this chapter or the liquor control act;
c. To receive local license fees and the same forthwith to the village treasurer;
d. To notify the Illinois secretary of state whenever any club incorporated under the general not for profit corporation act 2 or a foreign corporation conducting its affairs as a "club", as defined in this chapter, in Illinois under a certificate of authority issued by the secretary of state has violated the liquor control act or this chapter;
e. To notify the Illinois secretary of state of any convictions or dispositions of court supervision for a violation of section 6-20 of the liquor control act 3 or a similar provision of a village ordinance or regulation; and
f. To adopt such rules and regulations consistent with the provisions of this chapter necessary to carry on the functions and duties of the commissioner necessary for the protection of the public health, safety and welfare of the people of the village; and, to take any and all action necessary and incidental to the furtherance of the duties of the commissioner as set forth in this chapter.
B. Duties Of Village Clerk:
1. The village clerk shall be the secretary to and shall keep for the commissioner a complete record of all licenses issued by the commissioner pursuant to this chapter along with minutes of meetings and hearings held by or under the direction of the commissioner.
2. The village clerk shall receive and acknowledge any and all applications for the issuance of any license pursuant to this chapter, shall cause to be deposited all funds received from any applicant or licensee for the issuance of a license pursuant to this chapter and shall attest and authenticate all licenses issued by the commissioner pursuant to this chapter. (Ord. 2011-06, 2-22-2011)
Notes
| 1 | 1. 235 ILCS 5/7-5. |
| 2 | 1. 805 ILCS 105/101.01 et seq. |
| 3 | 2. 235 ILCS 5/6-20. |