Chapter 4 - Liquor
Division 4 - Normal Local Liquor Commission and Commissioner
SEC. 4.4 NORMAL LOCAL LIQUOR COMMISSION and COMMISSIONER.
- Commissioner. The President is the Normal Local Liquor Commissioner
(referred throughout this Chapter as Commissioner), and his
duties, powers, and functions are set forth in this Chapter.
- The Commissioner may appoint other persons to assist him
in the exercise of the powers and performance of the duties
herein provided for such Local Liquor Commissioner. In the event
that the President makes such an appointment, the parties so
named shall be considered to be the Normal Local Liquor Commission
and shall act by majority vote, which act shall be an aide to
the Commissioner and used by him as such in performing his administrative
powers, functions, and duties. In all other respects, where
action of the Commission is not contrary to state statute, the
President and members of the Commission shall constitute one
body acting by majority vote.
- The Chairman of the Commission shall be the Commissioner,
and in his absence the Chairman of the Commission shall be determined
as set forth in SEC. 3.1-5 of this Code. Members of the
Commission shall not be paid. Any expense incurred by the Commission
may be paid from the Town general fund from monies budgeted
to Boards and Commissions in the manner prescribed by administrative
regulation upon presentation of the bill to the Town Clerk.
All meetings of the Commission shall be held at the call of the Commissioner or at such times as the Chairman of the Commission may determine. Anything to the contrary, notwithstanding, the Commission shall meet at a time determined by the Commissioner on the third Monday of January, March, July, and October of each calendar year for the regularly scheduled meetings.
- Powers Of The Local Liquor Commissioner. The Local Liquor
Commissioner shall have the following powers, functions and
duties:
- To receive applications, investigate applicants and
grant or renew Liquor Licenses.
- To receive complaints from any citizen within its jurisdiction
that any of the provisions of this Code have been or are
being violated and to act upon such complaints in a manner
hereinafter provided.
- To 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, including books and records in connection
therewith.
- In response to complaints or upon reports from an investigating
agent of the Commissioner to conduct hearings on alleged
violations of this Chapter and to examine or cause to be
examined under oath complaints, license holders, and other
interested parties. Furthermore, the 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 Commissioner under
this Chapter, he may authorize the Commission to act on
his behalf. For the purpose of administering or enforcing
the provisions of this Chapter, the Commissioner may, at
his discretion or at the request of one or more members
of the Commission, hold public hearings at any time within
the Town concerning any matter embraced within this Chapter.
- To issue written reprimands to license holders, to fine
license holders, and/or to suspend or revoke any liquor
license(s) in the manner provided herein for any of the
following reasons:
- 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 any applicable rules
and regulations adopted by the Local Liquor Control
Commissioner or by the State Commission, or has violated
any Town ordinance, State or Federal law.
- The willful 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.
- The permitting of any violation of state law or
Normal Municipal Code by any person upon the licensed
premises.
- Failure to use and maintain the licensed premises
in compliance with all codes and regulations pertaining
to health and safety applicable within the Town of Normal,
including but not limited to Building, Plumbing, Electrical,
and Fire Codes, Zoning Ordinances, McLean County Health
Ordinances, and all regulations and orders of the McLean
County Health Department.
- The refusal of any licensee to testify under oath
to all relevant and material questions propounded to
him at any hearing conducted by the Local Liquor Control
Commissioner.
- Suspension or revocation of the license of the licensee
by the State Commission.
- Permitting any gambling device or equipment to be
located on the licensed premises.
- Failure to adhere to any changes or requirements
imposed as a condition of being issued a license by
the Liquor Commissioner.
- 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 any applicable rules
and regulations adopted by the Local Liquor Control
Commissioner or by the State Commission, or has violated
any Town ordinance, State or Federal law.
- To cause the initiation of legal proceedings under the
penalty provisions hereof.
- To notify the Illinois Secretary of State where a club
incorporated under the General Not For Profit Corporation
Act (805 ILCS 105/101.01 et seq.) 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 Chapter 4 of this Code by selling
or offering for sale at retail alcoholic liquors without
a retailer’s license.
- Following submission to and review by the Liquor Commission,
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 Town of Normal 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 licenses affected thereby.
- To take any and all action necessary and incidental
to the furtherance of his duties and functions, as set forth
in this Chapter.
- To receive applications, investigate applicants and
grant or renew Liquor Licenses.
- Liquor Commission Secretary. The Town Clerk shall be the secretary to and shall keep for the Commissioner a complete record of all licenses issued by the Commissioner under this Chapter, minutes of meetings and hearings held by or under the direction of the Commissioner, and shall cause to be deposited all receipts and shall perform such other duties as Secretary to the Commission as determined by the Commissioner.
