A. Liquor Control Commissioner: The Village President shall be the Local Liquor Control Commissioner of the Village. The Commissioner may appoint, with the advice and consent of the Village Board, a person or persons to assist them in the exercise of the powers and the performance of the duties herein provided for such Commissioner. When in this Chapter the Commissioner shall be referred to, it shall include any committee or other agency appointed by said Commissioner.
B. Powers and Duties Of Commissioner: The Commissioner shall have the following powers, functions, and duties with respect to liquor licenses:
1. To grant or revoke for cause, all local liquor licenses issued to persons for premises within the jurisdiction of the Commissioner, subject to approval by the board of trustees.
2. To suspend for not more than 30 days all local liquor licenses issued to persons for premises within the jurisdiction of the Commissioner.
3. To grant a Temporary Liquor License valid through the next regularly scheduled Village Board meeting.
4. To enter or to authorize any law enforcing officer to enter at any time upon any Licensed Premises to determine whether any of the provisions of the Act or any ordinances, rules, or regulations adopted by the Village or by the State Liquor Control Commission have been or are being violated, and at such time to examine said Licensed Premises in connection therewith and to act upon such complaints in the manner hereinafter provided.
5. To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act of 1986 or a foreign corporation functioning as a club in this State under a certificate of authority issued under that act has violated the Act by selling or offering for sale at retail alcoholic liquors without a retailer's license.
6. To receive a complaint from any citizen within his jurisdiction that any of the provisions of the Act, or any rules or regulations adopted pursuant thereto, have been or are being violated and to act upon the complaint in the manner hereinafter provided.
7. To receive local license fees and pay the same forthwith to the Village Clerk.
8. To notify the Secretary of State of any convictions or dispositions of court supervision for a violation of 6-20 of the Act or Section 3-2-15 of this Code.
9. The power to levy fines in accordance with Section 7-5 of the Act or Section 3-2-20 of this code.
10. To require fingerprints of any applicant for a local liquor license or for a renewal thereof, other than the applicant who is an air carrier operating under a certificate or a foreign air permit issued pursuant to the Federal Aviation Act of 1958.
11. To examine, or cause to be examined under oath, any applicant for a local license or renewal thereof, or any licensee upon whom notice of revocation has been served in the manner hereinafter provided, and to examine or cause to be examined, the books and records of any such applicant or licensee; to hear testimony and take proof of information in any manner from the applicant or licensee, pertaining to any part of his/her performance of his/her duties, and for any such purpose to issue subpoenas which shall be effective in any part of this State. For the purpose of obtaining information as allowed under this section, the Commissioner may authorize an agent to act on their behalf.
12. The Commissioner shall keep or cause to be kept a complete record of all such licenses issued by the Village, and shall furnish the Village Clerk, Village Treasurer and Chief of Police with copies thereof. Upon issuance of any new license or the revocation of an old license, the Commissioner shall give written notice of such action to each of these officers within forty-eight (48) hours of such action.
13. The Commissioner and the Chief of Police may without notice or hearing, close an establishment upon the issuance of a written order in the event the public peace or welfare of the community is likely to be threatened or endangered by the keeping open of the establishment in accordance with the Illinois Liquor Control Act. The Chief of Police shall also be given the power to close a Licensed Premises if the Licensed Premises constitutes a crime scene and such closing could prevent the loss or destruction of evidence and facilitate a police investigation or if the Licensed Premises was the scene of a violent disturbance involving injury or threat to citizens. The Chief of Police will document such closing and the reasons therefor and submit a written report to the Commissioner.
C. Presidential Interest in Alcoholic Liquor - If the Village President has an interest in the manufacture, sale, or distribution of alcoholic liquor, the Village President must direct the Board of Trustees to appoint, by majority vote, a person other than him or her to serve as the Commissioner. The Village President cannot make nominations or serve any other role in the appointment. The appointment must be made within thirty (30) days from the day on which after the Village President:
1. Takes office; or
2. Has an interest in the manufacture, sale, or distribution of alcoholic liquor.
D. To prevent any conflict of interest, the Village President with the interest in the manufacture, sale or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the individual appointed to serve as the Commissioner:
1. Shall be an attorney with an active license to practice law in the State of Illinois;
2. Shall not legally represent liquor license applicants or holders before the Board of Trustees or before any Illinois jurisdiction;
3. Shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor; and
4. Shall not be appointed to a term to exceed the term of the Village President, or members of the Board of Trustees. (Ord. 2004-06-15B, 6-15-2004; amd. Ord. 2009-09-15A, 9-15-2009; Ord. 2022-0419B, 4-19-2022; Ord. 2022-1206A, 12-6-2022)