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The local liquor control commissioner shall have the following powers, functions and duties:
A. To grant and/or suspend for not more than thirty (30) days or revoke for cause licenses for the sale or dispensing of alcoholic liquor in the city.
B. 1. He may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of 235 Illinois Compiled Statutes, this chapter or any other ordinance enacted in the city or any rule or regulation established by the local liquor commissioner or the state commission which is not inconsistent with law.
2. In addition to the suspension, the local liquor control commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed one thousand dollars ($1,000.00) for a first violation within a twelve (12) month period; one thousand five hundred dollars ($1,500.00) for a second violation within a twelve (12) month period; and two thousand five hundred dollars ($2,500.00) for a third or subsequent violation within a twelve (12) month period; each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines under this chapter may be imposed against any licensee during the period of his license. Proceeds from such fines shall be paid into the general corporate fund. However, no such license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the local liquor control commissioner with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public, and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings.
3. 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 city, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period; 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. The local liquor control commissioner shall, within five (5) days after such hearing, if he determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension (for not more than 30 days), or that the license has been revoked, and shall serve a copy of such order within five (5) days upon the licensee.
4. The provisions of any amendment to the Illinois liquor control act which supersedes, supplements, amends or enhances the penalty provisions of this chapter shall be deemed incorporated by reference.
C. To adopt rules and regulations not inconsistent with the liquor control act passed by the general assembly and the provisions of this chapter.
D. By general order entered in the minutes of the liquor control commission, he may authorize any law enforcing officer to enter at any time upon the premises licensed under the provisions of this chapter to determine whether any of the provisions of this chapter, or any rule or regulation adopted by the commission, or any provision of the liquor control act adopted by the general assembly, has been or are being violated, and at such time to examine said premises of the licensee in connection therewith.
E. To receive complaints from any citizen within the city that any provisions of the state laws or this chapter have been or are being violated and to act upon such complaints in the manner provided by law.
F. To examine, or to cause to be examined, under oath, any applicant for a local license or for renewal thereof, or any licensee upon whom a citation and proceeding has been instituted by the state liquor control commission; to examine, or to cause to be examined, the books and records of any such applicant or licensee; and to hear testimony and take evidence for his information in the performance of his duties; and for such purposes, to issue subpoenas which shall be effective in any part of the state.
G. He may appoint a designee to act on his behalf.
H. He shall have the right to require fingerprints of any applicant, or any individuals involved in any way with the business of the applicant, for a local license or for a renewal thereof, and may collect a fee therefor. (Ord. 16-O-12, 3-1-2016)