(235 ILCS 5/4-2) (from Ch. 43, par. 111)
Sec. 4-2. The mayor or president of the board of trustees of each city,
village or incorporated town or his or her designee, and the president or chairman of the county
board or his or her designee, shall be the local liquor control commissioner for their respective
cities, villages, incorporated towns and counties, and shall be charged
with the administration in their respective jurisdictions of the
appropriate provisions of this Act and of such ordinances and resolutions
relating to alcoholic liquor as may be enacted; but the authority of the
president or chairman of the county board or his or her designee shall extend only to that area in
any county which lies outside the corporate limits of the cities, villages
and incorporated towns therein and those areas which are owned by the
county and are within the corporate limits of the cities, villages and
incorporated towns with a population of less than 1,000,000, however, such
county shall comply with the operating rules of the municipal ordinances
affected when issuing their own licenses.
However, such mayor, president of the board of trustees or president or
chairman of the county board or his or her designee may appoint a person or persons to assist him
in the exercise of the powers and the performance of the duties herein
provided for such local liquor control commissioner. Notwithstanding any other provision of this Section to the contrary, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less that has an interest in the manufacture, sale, or distribution of alcoholic liquor must direct the council or board over which he or she presides to appoint, by majority vote, a person other than him or her to serve as the local liquor control commissioner. The appointment must be made within 30 days from the day on which the mayor or president takes office, and the mayor or president cannot make nominations or serve any other role in the appointment. To prevent any conflict of interest, the mayor or president with the interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the appointee (i) shall be an attorney with an active license to practice law in the State of Illinois, (ii) shall not legally represent liquor license applicants or holders before the jurisdiction over which he or she presides as local liquor control commissioner or before an adjacent jurisdiction, (iii) shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor, and (iv) shall not be appointed to a term to exceed the term of the mayor, president, or members of the council or board.
(Source: P.A. 97-1059, eff. 8-24-12; 98-10, eff. 5-6-13.)
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(235 ILCS 5/4-3) (from Ch. 43, par. 111a)
Sec. 4-3.
The city council of each city and the president and board of
trustees of each village and incorporated town and the county board are
authorized to fix and pay compensation to the local liquor control
commissioner of the particular city, village, incorporated town or county,
as the case may be, and compensation to such deputies, assistants or
employees as may be deemed necessary for the proper performance of the
duties vested in him.
(Source: P.A. 82-783.)
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(235 ILCS 5/4-4) (from Ch. 43, par. 112)
Sec. 4-4. Each local liquor control commissioner shall also have the
following powers, functions, and duties with respect to licenses, other than
licenses to manufacturers, importing distributors, distributors, foreign
importers, non-resident dealers, non-beverage users, brokers, railroads,
airplanes, and boats:
1. To grant or suspend for not more than 30 days or | ||
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2. To enter or to authorize any law enforcing officer | ||
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3. To notify the Secretary of State where a club | ||
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4. To receive a complaint from any citizen within his | ||
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5. To receive local license fees and pay the same | ||
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Each local liquor commissioner also has the duty to notify
the Secretary of State of any convictions or dispositions of court supervision for a violation of Section 6-20 of
this Act or a similar provision of a local ordinance.
In counties and municipalities, the local liquor control
commissioners shall also have the power to levy fines in accordance with
Section 7-5 of this Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(235 ILCS 5/4-5) (from Ch. 43, par. 113)
Sec. 4-5.
The local liquor control commissioner shall have the right 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
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 such applicant or licensee; to hear testimony and take proof 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 section, he may authorize his agent to act
on his behalf.
(Source: P.A. 82-783.)
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(235 ILCS 5/4-6) (from Ch. 43, par. 114)
Sec. 4-6.
When, in this Act, the local liquor control commissioner shall be
referred to, it shall include any committee or other agency appointed by
such local liquor control commissioner.
(Source: P.A. 82-783.)
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(235 ILCS 5/4-7) (from Ch. 43, par. 114a)
Sec. 4-7.
The local liquor control commissioner shall have the right to
require fingerprints of any applicant for a local license or for a renewal
thereof other than an applicant who is an air carrier operating under a
certificate or a foreign air permit issued pursuant to the Federal Aviation
Act of 1958.
Each applicant shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge
a fee for conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall furnish
pursuant to positive identification, records of conviction to the local liquor
control commissioner.
For purposes of obtaining fingerprints under this Section, the
local liquor commissioner shall collect a fee and forward the fee to the
appropriate policing body who shall submit the fingerprints and the fee to the
Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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(235 ILCS 5/Art. V heading) ARTICLE V.
LICENSES
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