A. Designation; Purpose: The president of the village of Hudson board of trustees shall be the local liquor control commissioner. The local liquor control commissioner is charged with the administration and enforcement of the appropriate and applicable provisions of the Illinois liquor control act, this chapter and all other ordinances and regulations pertaining to the sale and consumption of alcoholic liquor within the corporate limits of the village of Hudson.
B. Powers, Duties And Functions: The local liquor control commissioner shall have the following powers, duties and functions:
1. 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 herein;
2. To receive complaints from any citizen or person within the village of Hudson, that any of the provisions of this chapter or any other ordinance or regulation relating to the sale, control or licensing of alcoholic liquor have been or are being violated and to act upon such complaints in the manner provided herein;
3. 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 or regulation relating to the sale, control or licensing of alcoholic liquor have been or are being violated and to examine such premises of any such licensee including the books, records or license of the licensee in connection therewith;
4. To investigate the complaint from 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;
5. 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;
6. To issue written reprimands, fine licensees in accordance with section 7-5 of the Illinois liquor control act of 1934 as amended from time to time and with the provisions of this chapter grant and order to suspend for not more than thirty (30) days or revoke for any cause hereinafter set forth or deny the renewal of a license, any and all liquor licenses issued to persons for premises within the village if:
a. The licensee has violated any laws of the United States relating to the sale of alcoholic liquor, any provisions of the Illinois liquor control act of 1934, any provisions of this chapter and any applicable rules and regulations adopted by the state of Illinois, the village board of trustees or the commissioner.
b. 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.
c. Evidence from the department of revenue or the Illinois liquor control commission of any of the following violations of any tax administered by the state of Illinois for: 1) failure to file a tax return; 2) the filing of a fraudulent tax return; 3) failure to pay all or part of any tax or penalty filing determined to be due; 4) failure to keep books and records; 5) failure to secure and display a certificate or subcertificate of registration if required; and 6) violations of any rule or regulation of the department relating to the administration and enforcement of tax liability.
d. Permitting any violation of state law or village ordinance by any person on the licensed premises.
e. Failure to use and maintain the licensed premises in compliance with all codes and regulations, including, but not limited to, building, plumbing, electrical, fire codes and county health ordinances and regulations.
f. Suspension or revocation of the licensee's license by the state of Illinois.
g. Permitting any illegal gambling device or equipment to be located on the licensed premises or permitting illegal gambling on the licensed premises.
h. Failure to adhere or comply with any conditions imposed by the local liquor control commissioner in connection with said license.
i. Failure to keep books and records, in compliance with general accounting standards, of all financial transactions involving the licensed business.
j. For any other reason allowed by law;
7. To cause the initiation of legal proceedings under the penalty provisions of this chapter or the Illinois liquor control act;
8. To receive local license fees;
9. To notify the Illinois secretary of state whenever any club incorporated under the general not for profit corporation act or a foreign corporation conducting its affairs as a club under a certificate of authority issued by the secretary of state has violated the Illinois liquor control act or this chapter;
10. To notify the Illinois secretary of state of any convictions or dispositions of court supervision for violation of section 6-20 of the Illinois liquor control act or a similar provision of the village ordinance or regulation;
11. 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 in furtherance of the duties of the commissioner set forth in this chapter;
12. To issue temporary emergency orders regulating, restricting or prohibiting the sale of alcoholic liquor whenever an emergency exists or is reasonably anticipated; and
13. Pursuant to section 5/7-5 of the Illinois liquor control act, to close a licensed premises for not more than seven (7) days if the local liquor control commissioner has reason to believe that continued operation of a licensed premises pending a hearing on suspension or revocation will immediately threaten the welfare of the community. (Ord. 1292, 11-1-2016)