(A) Village Mayor To Serve As Commissioner: The Mayor shall serve as the Village's "Local Liquor Control Commissioner" pursuant to the provisions of section 4-2 of the Liquor Control Act of 1934 1 (the "Act"), and shall be charged with the administration of both the Act and of all such ordinances and resolutions related to alcoholic liquor as may be enacted by the Mayor and Board of Trustees of the Village from time to time. The Mayor may appoint one or more Deputy Local Liquor Control Commissioner(s) to exercise those powers and perform those duties provided to the Local Liquor Control Commissioner. Any such appointment shall be in writing, signed by the Mayor, served upon the Village Manager, and shall detail the duties and authority assigned to the Deputy Local Liquor Control Commissioner. The Mayor shall also be authorized to revoke, in writing, the appointment of any Deputy Local Liquor Control Commissioner.
(B) Compensation: The Village Board shall establish by ordinance all compensation to be paid to the Mayor, as the Village's Local Liquor Control Commissioner, as said Board may from time to time deem commensurate with the duties vested in the Local Liquor Control Commissioner.
Until the expiration of the incumbent Mayor's current term of office following the next general Municipal election in April 2013, both the incumbent Mayor and any person subsequently elected to serve out the unexpired term of the said incumbent's term of office shall, as the Village's Local Liquor Control Commissioner, continue to be paid fifty dollars ($50.00) per week, the same to be payable for each of the fifty two (52) weeks of each year.
Following the expiration of the incumbent Mayor's current term of office after the next general Municipal election in April 2013, all those persons thereafter sworn in as the elected Mayor shall, as the Village's Local Liquor Control Commissioner, or any Deputy Local Liquor Control Commissioner so appointed, receive as part time compensation for the performance of his or her official duties, a combined annual salary of six thousand dollars ($6,000.00) payable monthly in twelve (12) equal installments of five hundred dollars ($500.00).
The payment of such part time salaried compensation to the Mayor, as the Village's Local Liquor Control Commissioner, or to any Deputy Local Liquor Control Commissioner, shall be in accordance with the provisions of both this section and that of 65 Illinois Compiled Statutes 5/3.1-50-5 prohibiting any increase or diminution in the compensation of an elected officer which takes effect during the elected officer's current term of office.
The Mayor is hereby authorized to determine the amount of compensation that shall be paid to any Deputy Local Liquor Control Commissioner for each year. The amount of any compensation paid to a Deputy Local Liquor Control Commissioner shall be in writing, signed by the Mayor and served upon the Village Manager and Village Finance Director. Any compensation paid to a duly appointed Deputy Local Liquor Control Commissioner shall be deducted and paid from the annual six thousand dollar ($6,000.00) sum allocated to the Mayor as Local Liquor Control Commissioner. The total salary paid to the Local Liquor Control Commissioner and any and all appointed Deputy Local Liquor Control Commissioners shall not exceed six thousand dollars ($6,000.00) in the aggregate in any year.
(C) Powers And Duties: The Local Liquor Control Commissioner and Deputy Local Liquor Control Commissioners shall have all of the powers and duties set forth in the Liquor Control Act, including:
1. To grant and/or suspend for not more than thirty (30) days or revoke for cause, all local licenses issued to persons or entities for premises within the Village. In addition to any suspension or revocation, the Local Liquor Control Commissioner or Deputy Local Liquor Control Commissioner may levy a fine on the licensee. The fine imposed shall not exceed one thousand dollars ($1,000.00) for a first violation in a twelve (12) month period, one thousand five hundred dollars ($1,500.00) for a second violation in a twelve (12) month period and two thousand five hundred dollars ($2,500.00) for a third and subsequent violation in a twelve (12) month period. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines may be imposed against any licensee during any license year. (Ord. 13-O-33, 8-26-2013)
2. To enter or to authorize any law enforcement officer to enter, at any time, upon a premises licensed hereunder, to determine whether any of the provisions of the State Statutes or this Code, or any rules or regulations adopted by the Local Liquor Control Commissioner or by the Illinois Liquor Control Commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith.
3. To receive complaints from any citizen within the Village when any provision of the State Statutes or this Code have been or are being violated and act upon such complaints in the manner provided by law.
4. To receive local liquor license fees and deposit same to the credit of the Village.
5. To examine, or cause to be examined, under oath, any applicant for a local license or for the renewal thereof, or any licensee upon whom notice of revocation or suspension has been served in the manner hereinafter provided, or any licensee against whom a citation proceeding has been instituted by the Illinois Liquor Control Commission; to examine, or cause to be examined, the books and records of any such applicant or licensee; and to hear testimony and take evidence for his information in the performance of his duties, and for such purpose to issue subpoenas which shall be effective in any part of this State. For the purpose of obtaining any of the information desired by the Local Liquor Control Commissioner under this subsection (C), he may authorize his agent to act on his behalf.
6. To order, by issuance of a written order, any licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, 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 Village; except, that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
7. To make such reasonable rules and regulations as he may deem necessary in the performance of his duties.
(D) Quadrennial Review: The Board of Trustees shall perform a recurrent review of the sufficiency of the compensation amounts fixed by this section every four (4) years subsequent to the date of said section's passage and approval but said Board may at those future times increase or diminish said amounts so fixed as of the said date only in accordance with the provisions of 65 Illinois Compiled Statutes 5/3.1-50-10. (Ord. 12-O-14, 6-11-2012)
Notes
| 1 | 1. 235 ILCS 5/4-2. |