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A. Powers And Duties: The liquor commissioner shall have the following powers, functions and duties:
1. To receive applications, investigate applicants and grant, renew or deny liquor licenses.
2. To receive complaints from any citizen of the village that any of the provisions of this chapter have been or are being violated and to act upon such complaints in a manner hereinafter provided.
3. To enter or authorize any law enforcement officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter have been or are being violated and, at such time, to examine such premises of said licensee. (1999 Code § 3.32)
4. In response to complaints or upon reports from an investigating agent of the liquor commissioner, to conduct hearings on alleged violations of this chapter and to examine or cause to be examined under oath complaints from license holders and other interested parties. Furthermore, the liquor commissioner may examine or cause to be examined the books and records of any licensee under this chapter and may hear testimony and take proof as to the performance of the licensee's duties and for such purposes may issue subpoenas. For the purpose of obtaining any of the information desired by the liquor commissioner under this chapter, he may authorize a designee to act on his behalf. For the purpose of administering or enforcing the provisions of this chapter, the commissioner may, at his discretion, hold public hearings at any time within the village concerning any matter embraced by this chapter. (1999 Code § 3.32; amd. 2005 Code)
5. To fine license holders and/or to suspend or revoke any liquor license in the manner provided herein for any of the following reasons:
a. That the licensee has violated any of the laws of the United States relating to the sale of alcoholic liquor, or any of the provisions of the Illinois liquor control act, or of this chapter, or of any applicable rules and regulations adopted by the liquor commissioner or by the state liquor control commission.
b. The wilful making of any false statement as to a material fact in the application for such license or in any change of ownership application or request or affidavit for the renewal of any license. Making a false statement shall include not making a complete statement of all relevant facts which relate to the situation.
c. The permitting of any violation of state law or this code by any person upon the licensed premises.
d. Failure to use and maintain the licensed premises in compliance with all codes and regulations pertaining to health and safety applicable within the village including, but not limited to, building, plumbing, electrical, property maintenance and fire codes 1 , zoning ordinances 2 , DeKalb County health ordinances and all regulations of the DeKalb County health department.
e. The refusal of any licensee to testify under oath to all relevant and material questions propounded to him at any hearing conducted by the liquor commissioner.
f. Suspension or revocation of the license of the licensee by the state liquor control commission.
6. To cause the initiation of legal proceedings under the penalty provisions hereof.
7. To notify the Illinois secretary of state where a club incorporated under the general not for profit corporation act 3 or a foreign corporation functioning as a club in Illinois under a certificate of authority issued under that act has violated the Illinois liquor control act or this chapter by selling or offering for sale at retail alcohol liquors without a retailer's license.
8. Following submission and review, the liquor commissioner may adopt such rules and regulations consistent with the provisions of this chapter which shall be necessary to carry on his functions and duties to the end that the health, safety and welfare of the people of the village shall be protected and temperance in the consumption of alcoholic liquor shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby.
9. To take any and all action necessary and incidental to the furtherance of his duties and functions as set forth in this chapter. (1999 Code § 3.32)
10. To notify the secretary of state of any convictions for a violation of subsection 3-1-16D or F of this chapter. (2005 Code)
B. Salary: The salary of the liquor commissioner shall be one hundred eighty seven dollars fifty cents ($187.50) per month. (Ord. 2006-13, 10-25-2006)
1. See title 8, chapter 1 of this code.
2. See title 9 of this code.
3. 805 ILCS 105/101.01 et seq.