The Commissioner shall have the following powers, functions and duties with respect to licenses issued under the provisions of this chapter:
(A) To grant and issue liquor licenses to applicants within the limits and territory of the county, outside the corporate limits of any incorporated city, village or town, upon the manner provided by this chapter and by state law relating to alcoholic liquor, and not otherwise;
(B) To review any written objections of concerned citizens in opposition of the granting of the liquor license. The Commissioner may deny an application for a county liquor license if the issuance of such license would tend to create a law enforcement problem, result in or add to an undue concentration of licenses, or have a deleterious impact on the health, safety or welfare of the community in which the licensed premises is to be located;
(C) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder, to determine whether any provisions of state law or any of the provisions of rules or regulations adopted by local or state commissions are being violated, and at the time to examine the premises of the licensee in connection therewith;
(D) To receive complaints from any citizen within this jurisdiction that any of the provisions of the laws of this state relating to alcoholic liquor or the provisions of this chapter or code have been or are being violated, and to act upon such complaints;
(E) To appoint a special investigator to investigate as to compliance with or violation of the provisions of this chapter by a person selling intoxicating liquor at retail within the jurisdiction of the Commissioner;
(F) To examine or cause to be examined, under oath, any applicant for a license or for the renewal thereof, or any licensee upon whom notice of revocation has been served in the manner provided by law;
(G) To examine, or cause to be examined, the books and records of any applicant or licensee;
(H) To hear testimony and take proofs for his or her information in the performance of his or her duties and for this purpose to issue subpoenas, as provided by law, which shall be effective in any part of this state, for the purpose of obtaining any information desired by the Commissioner under this section;
(I) To suspend for not more than 30 days or revoke for cause all licenses issued to persons for premises within the territory of the county outside the corporate limits of any incorporated city, town or village, for any one or more of the following reasons:
(1) Making by the licensee of any false statement as to a material fact in any application for license;
(2) Failure of a licensee to submit a tax return or filing a fraudulent tax return;
(3) Failure to pay all or part of any tax or penalty finally determined to be due and owing;
(4) Violation by the licensee of any of the provisions of the Criminal Code of Illinois;
(5) Violation by the licensee, an agent or a servant, of any of the provisions of the laws of this state in relation to alcoholic liquors or dram shops;
(6) Willful violation by the licensee, an agent or a servant of any rule or regulation of the Illinois Liquor Control Commission or of the Local Liquor Control Commission; and/or
(7) Violation by the licensee, an agent or a servant of any of the provisions of this chapter.
(J) To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act, 805 ILCS 5/1.01 et seq., or a foreign corporation functioning as a club in this state under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer’s license;
(K) To receive fees for licenses issued hereunder and to pay the same forthwith to the County Treasurer;
(L) To draw his or her order on the Treasurer for the payment by the Treasurer, out of license fees collected, of all reasonable expenses incurred by the Commissioner for necessary printing, stationary and postage; and
(M) To keep or cause to be kept a complete record of all licenses issued hereunder and shall furnish the County Clerk, Treasurer and the County Sheriff each with a copy thereof. Upon the issuance of any new license or the revocation of any old license, the Commissioner shall give written notice of such action to each of these officers within five days of any such action.
(1993 Code, § 70.51) (Ord. 93-09, passed 12-15-1993)
Statutory reference:
Powers, functions and duties, see 235 ILCS 5/4-4 through 4-5