§ 5.08.210. Local Liquor Commissioner designated; powers and duties specified.

A.

The Mayor of the City shall serve as Local Liquor Commissioner and shall be charged with the administration of this chapter and of such other ordinances relating to alcoholic beverages as may be, from time to time, enacted by the City Council.

B.

The Local Liquor Commissioner shall have the following powers and discretional duties with respect to local liquor licenses:

1.

All powers and duties granted, or which may hereafter be granted, to the Local Liquor Commissioner by the State.

2.

To grant or to suspend for not more than thirty (30) days or to revoke for cause any local license issued to persons or entities for premises within the City, or to punish by a fine for any violation of this chapter in accordance with Section 7-5 of the Liquor Control Act (235 ILCS 5/7-5).

3.

To enter or to authorize any law enforcement officer, appointed City officer, or other City employee designated by the City Manager, to enter at any time, upon the premises licensed hereunder to determine whether any of the provisions of the State law or City ordinance or any rules or regulations adopted by the City or by the State Liquor Control Commission have been or are being violated; and at such time to examine the premises of the licensee in connection therewith.

4.

To examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof, or any licensee upon whom notice of a hearing of a violation of law has been served, or any licensee against whom a citation proceeding has been instituted by the State 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 use in the performance of the Commissioner's duties.

5.

To compel the attendance of a witness by subpoena and the production for examination of any books, payrolls, records, correspondence, documents, papers or other evidence by subpoena duces tecum in any investigation or hearing before the Commissioner. Further, in case of failure or refusal to obey a subpoena or subpoena duces tecum issued to any person, the Commissioner may instruct the Corporation Counsel or his designee to seek compliance to the subpoena or subpoena duces tecum by petitioning the circuit court to enforce the subpoena or subpoena duces tecum. Failure to obey any order issued by the circuit court may be punished by the court as contempt thereof.

6.

To designate other persons to take the actions set out in the subsections of this section for the purpose of obtaining any of the information desired by the Commissioner.

7.

To appoint any other member of the City Council to serve as deputy Local Liquor Commissioner, which person shall have full authority to exercise any of the powers and duties enumerated herein, except as the Commissioner may specifically exclude by such appointment. Such deputy Local Liquor Commissioner may be appointed to serve at the pleasure of the Local Liquor Commissioner but not beyond the term of officer of the appointing commissioner; and may be appointed either:

a.

To act in the absence of the Local Liquor Commissioner; or

b.

To act in lieu of the Local Liquor Commissioner.

8.

To appoint one (1) or more persons over the age of twenty-one (21) years, a resident of the City and who does not hold or have any interest in a liquor license or licensed establishment to conduct liquor license disciplinary hearings and investigations and hearings concerning the appeal of permit denials and revocations and applications for approval licenses. Any such person so appointed shall submit findings and recommendations to the Commissioner setting forth his conclusions respecting the existence and nature of any violation of law and the appropriate disciplinary action to be taken, if any, which may be accepted, modified or rejected by the Local Liquor Commissioner.

9.

To receive complaints from any citizen within his jurisdiction that any of the provisions of this chapter or the Liquor Control Act or any rules or regulations adopted pursuant to either of them, have been or are being violated and to act upon such complaints in the manner provided for in this chapter.

10.

To adopt rules and regulations regarding liquor licenses pursuant to Section 4-1 of the Liquor Control Act (235 ILCS 5/4-1).

(Ord. No. 18-77, § 1, 8-13-2018)

State law reference

Local liquor control commissioner, 235 ILCS 5/4-2 et seq.; appeals from decisions of local liquor control commissioner, 235 ILCS 5/79