(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