Loading...
The County Executive shall be the Liquor Control Commissioner and he or she shall have all of the authority vested in the Local Liquor Control Commissioner by state law, this chapter or other ordinances of the county.
(1980 Code, § 110.130) (Res. 86-90, adopted 6-19-1986; Res. 90-104, adopted 5-17-1990; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Local liquor control commissioner, see 235 ILCS 5/4-2
There shall be paid to the Liquor Control Commissioner an annual salary in an amount as may from time to time be fixed by the County Board in its annual appropriation ordinance.
(1980 Code, § 110.131) (Res. 86-90, adopted 6-19-1986; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Compensation, see 235 ILCS 5/4-3
(A) The County Executive, as Liquor Control Commissioner, may appoint two Deputy Liquor Commissioners to assist him or her in his or her duties.
(B) The compensation of each Deputy Liquor Commissioner shall be in the amount as provided by the County Board in the annual appropriation ordinance.
(1980 Code, § 110.132) (Res. 86-90, adopted 6-19-1986; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Local liquor control commissioner, see 235 ILCS 5/4-2
The Deputy Liquor Control Commissioners, before entering upon the duties of his or her office, shall be sworn upon his or her oath to faithfully discharge their duties of Deputy Liquor Control Commissioners.
(1980 Code, § 110.133) (Res. 86-90, adopted 6-19-1986; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Exercise of corporate powers, see 55 ILCS 5/5-1004
Local control of Liquor Control Act of 1934, see 235 ILCS 5/4-1 et seq.
(A) Arrest authority. The Liquor Control Commissioner and Deputy Liquor Control Commissioners shall be peace officers for the purposes of enforcing the provisions of this chapter. All Sheriff’s deputies shall have the power to enforce the provisions of this chapter.
(B) Closing liquor facilities. The County Sheriff’s deputies shall close a liquor facility for conduct that is unmanageable, disorderly or uncontrollable for purposes of public safety. The County Sheriff or his or her deputies shall seize the county license from the premises and instruct the licensee that the license can be retrieved the next business day at the County Sheriff’s Department. The facility shall then be closed for the rest of the business day and be allowed to operate the following business day upon retrieval of the county license.
(1980 Code, § 110.134) (Res. 86-90, adopted 6-19-1986; Res. 97-59, adopted 3-20-1997; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Exercise of corporate powers, see 55 ILCS 5/5-1004
Local control of Liquor Control Act of 1934, see 235 ILCS 5/4-1 et seq.
The Liquor Control Commissioner shall keep or cause to be kept a complete record of all licenses issued by him or her pursuant to this chapter; he or she shall furnish the County Clerk, Treasurer, County Sheriff and State’s Attorney with a copy thereof, except for Class T or SE licenses. Copies of Class SE and T licenses shall be provided to the County Sheriff; and upon the issuance of any new license or the revocation or suspension of any old license, the Liquor Control Commissioner shall give written notice of the action to each of these officers within 48 hours of the action.
(1980 Code, § 110.135) (Res. 86-90, adopted 6-19-1986; Res. 90-104, adopted 5-17-1990; Res. 03-296, adopted 6-19-2003; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Exercise of corporate powers, see 55 ILCS 5/5-1004
Local control of Liquor Control Act of 1934, see 235 ILCS 5/4-1 et seq.
(A) The Liquor Control Commissioner shall have the following powers, functions and duties with respect to licenses for the sale of alcoholic liquors:
(1) 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 his or her jurisdiction;
(2) To enter or to authorize any law enforcement, peace officer, Deputy Liquor Commissioner or inspector to enter any time upon premises licensed hereunder, to determine whether any of the provisions of this chapter or any rules or regulations adopted by it or by the State Liquor Control Commissioner have been violated, and at that time to examine the premises of the licensee in connection therewith;
(3) To receive complaints from any citizen within its jurisdiction that any of the provisions of the State Liquor Control Act, as set out in 235 ILCS 5/1-1 et seq., or this chapter, or any rules or regulations adopted pursuant hereto, have been or are being violated, and to act upon the complaints;
(4) To receive all local license fees and to pay the same forthwith to the County Treasurer;
(5) To receive all fines levied at a hearing held before the Liquor Commission and to pay the same forthwith to the County Treasurer. The County Treasurer shall deposit all money to the General Fund;
(6) The 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 his or her information in the performance of his or her 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 Commissioner under this section, he or she may authorize his or her agent or agents to act on his or her behalf;
(7) The 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 this Act or any valid ordinance or resolution enacted by the particular County Board or any applicable rule of regulation established by the County Liquor Commissioner which is consistent with law;
(8) 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;
(9) 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 county; to require any additional security or enforcement to assure compliance with all applicable rules, regulations and ordinances of the county and the state; to assure the public safety, welfare and best interests of people of the county; to determine the environmental and economic impact of the area surrounding the licensed premises; and to enforce this chapter against any public nuisance;
(10) To recommend to the County Board the 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;
(11) To investigate changes in this chapter and recommend changes to the County Board;
(12) To adopt any rules and regulations consistent with the provisions of this chapter as may be necessary;
(13) To report to the County Board the relinquishment, whether voluntary or involuntary of any license, so that the County Board may consider whether or not the number of licenses should be adjusted; and
(14) (a) To suspend or revoke licensee’s license issued under this chapter for violation of any portion of this chapter. In lieu of suspension or evocation, the Commissioner may instead levy a fine on the licensee for the violations. Any person who violates any of the provisions of this chapter for which no penalty is otherwise provided shall be punished by fines as follows:
Time Period | Fine |
For the first violation within a 12-month period | $1,000 |
For the second violation within a 12-month period | $1,500 |
For a third violation within a 12-month period | $2,500 |
(b) Each day a violation continues shall constitute a separate violation.
(c) Not more than $15,000 in fines may be imposed against any licensee during this period of this license.
(235 ILCS 5/7-5)
(B) All fines imposed by the Commissioner must be paid by cash, money order or certified check made payable to the County Treasurer.
(C) All fines imposed by the Commissioner must be paid within ten days. Failure to pay a fine within the ten-day period will constitute a separate offense.
(D) All fines imposed by the Commissioner may be paid to the Commissioner on the day of hearing. All fines imposed by the Commissioner not paid on the day of hearing shall be paid to the Treasurer.
(1980 Code, § 110.136) (Res. 86-90, adopted 6-19-1986; Res. 90-104, adopted 5-17-1990; Res. 94-50, adopted 5-19-1994; Res. 97-59, adopted 3-20-1997; Res. 03-296, adopted 6-19-2003; Ord. 05-500, adopted 11-17-2005; Ord. 17-173, adopted 7-20-2017; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Local Liquor Control Commission, see 235 ILCS 5/7-5
(A) The State’s Attorney of the county shall act as attorney for the Liquor Commission and Commissioner, and shall present evidence in any hearing before the Commissioner for violations of the provisions of this chapter, or on any appeal thereof.
(B) The State’s Attorney shall have the authority to prosecute any violations of the County Liquor Control Ordinance in the Circuit Court of the county.
(1980 Code, § 110.137) (Res. 86-90, adopted 6-19-1986; Ord. 05-500, adopted 11-17-2005; Ord. 22-236, passed 8-18-2022)
Statutory reference:
Powers and duties of State’s Attorney, see 55 ILCS 5/3-9005
Loading...