(A) Compensation, powers and duties of Local Liquor Control Commissioner and the Police Department.
(1) Village President to act as Liquor Commissioner. The Village President is hereby authorized to be the Liquor Control Commissioner and shall be charged with the administration of the Liquor Control Act, and of such ordinances and resolutions relating to alcoholic liquor as may be needed. The Liquor Commissioner shall act without compensation.
(2) Powers of village police officers. The village police officers shall close a licensed premises for conduct that is unmanageable, disorderly, or uncontrollable for purposes of public safety. The Chief of Police or village officers shall seize the village license from the licensed premises and instruct the licensee that the license can be retrieved the next business day from the local Liquor Control Commissioner. The licensed premises shall then be closed for the rest of the business day and may be allowed to operate the following business day subject to Chapter 112 of the Peotone Village Code.
(3) Powers and duties of the Liquor Control Commissioner. The Liquor Control Commissioner shall have the following powers, functions, and duties with respect to licenses for the sale of alcoholic liquors:
(a) To grant, or suspend for not more than 30 days, or to revoke for cause, all local licenses issued to persons, partnerships, corporations, or clubs subject to jurisdiction;
(b) To enter or to authorize any law enforcement, peace officer, deputy liquor control commissioner, or inspector to enter any time upon the licensed premises and property, to determine whether any of the provisions of this chapter or any rules or regulations adopted by it or by the State Liquor Control Commission have been violated, and at that time to examine the licensed premises and property in connection therewith;
(c) To receive complaints from any citizen within its jurisdiction that any of the provisions of the State Liquor Control Act or this chapter, or any rules or regulations adopted pursuant hereto, have been or are being violated, and to act upon the complaints;
(d) To receive all local license fees and to pay the same forthwith to the Village Treasurer;
(e) To receive all fines levied at a hearing held before the Liquor Commission and to pay the same forthwith to the Finance Department. The Village Treasurer shall deposit all money to the General Fund;
(f) The Liquor Control Commissioner shall have the right to examine or cause to be examined under oath, any applicant for a liquor license or for a renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any applicant or licensee; to swear in witnesses, hear testimony, and take proof for their information in the performance of their duties, and for these purposes to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any information desired by the Liquor Control Commissioner under this section, the Liquor Control Commissioner may authorize their agent or agents to act on their behalf;
(g) The Liquor Control Commissioner may revoke or suspend any license issued if it is determined that the licensee has violated any of the provisions of this chapter or any valid ordinance or resolution enacted by the Village Board or any applicable rule of regulation established by the Liquor Control Commissioner which is consistent with law;
(h) In the conduct of any hearing to examine under oath any licensee and to cause to be examined the books and records of the licensee; to hear testimony and take proof, and to administer and cause to be administered oaths;
(i) To require that all licensed premises be maintained and operated in a sanitary condition, in compliance with all applicable rules and regulations of the Health Department of the county, and in compliance with all zoning regulations of the village; to require any additional security or enforcement to assure compliance with all applicable rules, regulations, and ordinances of the village, county, and the state; to assure the public safety, welfare, and best interests of people of the village; to determine the environmental and economic impact of the area surrounding the licensed premises; and to enforce this chapter against any public nuisance;
(j) To recommend to the Village Board such further regulations and restrictions regarding the issuance of, and operations under local licenses, not inconsistent with law, as the public good and convenience may require;
(k) To investigate changes in this chapter and recommend changes to the Village Board;
(l) To adopt any rules and regulations consistent with the provisions of this chapter as may be necessary;
(m) To suspend or revoke licensee's license issued under this chapter for violation of any portion of this chapter. In addition to any revocation or fine, the Liquor Control Commissioner may also levy a fine on the licensee for such violations.
1. Each day a violation continues shall constitute a separate violation.
2. Not more than $15,000 in fines may be imposed against any licensee during this period of this license.
(n) All fines imposed by the Liquor Control Commissioner must be paid to the village;
(o) All fines imposed by the Liquor Control Commissioner must be paid within ten days. Failure to pay such fine within the ten-day period will constitute a separate offense;
(p) All fines imposed by the Liquor Control Commissioner may be paid to the Liquor Control Commissioner on the day of hearing. All fines imposed by the Liquor Control Commissioner not paid on the day of hearing shall be paid to the Treasurer.
(B) Hearing procedures. Whenever this chapter requires a hearing before the Liquor Control Commissioner acts affirmatively concerning a license or licensee, the licensee shall be afforded reasonable notice of such hearing. The notice shall state:
(1) The time, place, and nature of the charge;
(2) The date when the appearance of the licensee is required before the Liquor Control Commissioner;
(3) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(4) A reference to the particular sections of the ordinance involved; and
(5) A statement informing the licensee of their ability to respond by presenting evidence and argument.
(C) Hearings. A hearing required under this chapter shall be held in accordance with the following rules.
(1) A hearing shall be set by the Liquor Control Commissioner at the initial appearance date or any duly ordered continuance thereof and shall be held at a reasonable time, date, and place.
(2) No cause shall be heard earlier than three business days after receipt by a licensee of the notice required under this chapter.
(3) A licensee may present evidence and argument.
(4) The Village Attorney or other village representative shall establish the violation by clear and convincing evidence.
(5) The Liquor Control Commissioner may limit, but not prohibit, the presentation of evidence and argument.
(6) An audio recording device shall be present at each hearing and shall record the testimony and evidence presented. In lieu of an audio recording, a certified court reporter or certified shorthand reporter shall be present at each hearing and shall record the testimony and evidence presented.
(7) If the Commissioner finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for a hearing before the Local Liquor Control Commissioner, including, but not limited to court reporter fees, witness fees, and attorneys fees. This shall be in addition to any other penalties assessed against the licensee.
(8) The Liquor Control Commissioner may, in the Liquor Control Commissioner's discretion, grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance.
(9) After a hearing, the Liquor Control Commissioner may revoke or suspend any license issued if it is determined that the licensee has violated any of the provisions of this chapter or any valid ordinance or resolution enacted by the Village Board or any applicable rule or regulations established by the Liquor Control Commissioner or the State Commission which is not inconsistent with law. In addition to the suspension, the 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 chapter may be imposed against any licensee during the period of his license.
(10) Immediate suspension. 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 community he or she 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.
(11) Appeal on the record. Any appeal taken from a decision of the Liquor Control Commissioner shall be reviewed on the record of the hearing and not de novo, at which the decision was rendered as taken by and prepared by a certified court reporter or certified shorthand reporter. Appeal shall lie with the Illinois Liquor Control Commission.
(‘70 Code, § 9.19) (Am. Ord. 07-39, passed 1-28-08; Am. Ord. 21-20, passed 7-26-21)