(A) The President of the village shall serve as the Local Liquor Control Commissioner and shall be charged with the administration of the this chapter and of such other ordinances relating to alcoholic liquor as may be, from time to time, enacted by the Village Board.
(B) The Local Liquor Control Commissioner shall have the following powers and duties with respect to local liquor licenses:
(1) To grant, or to suspend for not more than 30 days or to revoke for cause, all local licenses issued to persons or entities for premises within the village;
(2) To enter or to authorize any law enforcing officer or other village employee designated by the Village Clerk to enter, at any time, upon the premises licensed hereunder to determine whether any of the provisions of the state law or village ordinance or any rules or regulation adopted by the village or by the State Liquor Control Commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
(3) To receive complaints from any citizen within the village that any provisions of the state law or of this chapter has been or is being violated and to act upon any such complaints in the manner provided by law;
(4) To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of revocation has been served, or any licensee against whom a citation proceeding has been instituted by the State Liquor Control Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee, and to hear testimony and take evidence for use in the performance of the Commissioner’s duties, and for the information of the Commissioner to issue subpoenas which shall be effective in any part of this state. Other persons may be designated by the Commissioner to take action for the purpose of obtaining any of the information desired by the Commissioner under this section;
(5) To appoint any other member of the Village Board to serve as Deputy Local Liquor Control Commissioner, which person shall have full authority to exercise, in the absence of the Local Liquor Control Commissioner, any of the powers and duties enumerated herein, except as the Commissioner may specifically exclude by such appointment; and
(6) To report to the Village Board from time to time actions which have been taken to grant or deny liquor licenses or to penalize licensees.
(C) The Local Liquor Control Commissioner may revoke or suspend any license issued by him or her if he or she determines that the licensee has violated any of the provisions of state law pertaining to the sale of alcohol or of any valid ordinance or resolution enacted by the Village Board or any applicable rule or regulations established by the Local Liquor Control Commissioner or the State Commission which is not inconsistent with law. In addition or as an alternative to the suspension, the Local Liquor Control Commissioner may levy a fine on the licensee for such violations. The fine imposed shall not exceed $1,000 for a first violation within a 12-month period, $1,500 for a second violation within a 12-month period, and $2,500 for a third or subsequent violation within a 12-month period. Each day on which a violation continues shall constitute a separate violation. Not more than $ 15,000 in fines under this division (C) may be imposed against any licensee during the period of his or her license. Proceeds from such fines shall be paid into the General Corporate Fund of the village. However, no such license shall be so revoked or suspended, and no fine shall be imposed, except after a public hearing by the Local Liquor Control Commissioner with at least three days’ prior written notice, to the licensee, as provided in the Illinois Liquor Control Act, being 235 ILCS 5, as now or hereafter amended, affording the licensee an opportunity to appear and defend. If the licensee fails to appear for such public hearing after receiving notice as provided in the Illinois Liquor Control Act, being 235 ILCS 5, a default judgment may be entered and the Local Liquor Control Commissioner may revoke or suspend the license, and/or impose a fine.
(D) If the Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the Commissioner 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 days, giving the licensee an opportunity to be heard during that period; provided, if such licensee shall also be engaged in the conduct of another business on the licensed premises, such order shall not be applicable to such other business.
(E) (1) In determining the appropriate penalty for violating any of the provisions of this chapter or any state law pertaining to the sale of alcohol, the Local Liquor Control Commissioner may consider such matters and information as the Local Liquor Control Commissioner deems are relevant including, but not limited to, the nature and circumstances surrounding the violation, the past record of the licensee and the penalties previously imposed by the Local Liquor Control Commissioner for similar violations.
(2) The past record shall include the record of the current licensee as well as the record of any other existing or prior licensee where there is, or was, substantial common identity between the owners of the current licensee and the owners of such other licensee.
(3) Where the licensee under consideration, or such other prior or existing licensee, is a business entity such as a corporation or partnership, the ownership interest includes the equity holding of the stockholder or partner.
(4) The consideration of the past record of such other or prior licensee shall only include that time period when such common identity is found.
(F) The Local Liquor Control Commissioner shall, as promptly as practicable and, in any event, within five days after such hearing, if the Local Liquor Control Commissioner determines after such hearing that the license should be revoked or suspended, and/or a fine should be imposed, state the reasons for such determination in a written order of revocation or suspension, and/or a fine should be imposed and shall serve a copy of such order upon the licensee.
(1999 Code, § 21-6-2) (Ord. 03/31/2014, passed 3-31-2014)