HomeMy WebLinkAboutOrdinance #1759
ORDINANCE NO. 1759
AN ORDIANCE REPLACING TITLE 3 CHAPTER 8 SECTION 3 OF THE
MUNICIPAL CODE FOR THE CITY OF CANTON APPLICATION
PROVISIONS AND POWERS OF DUTIES
WHEREAS, the City of Canton in reviewing Title 3 Chapter 8 Section 3 of the
municipal code for the City of Canton has determined it is necessary to clarify the Powers
and duties of the Liquor Commission to bring in compliance with the State Statues: and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
1. The Mayor of the City shall be the local liquor control commissioner.
2. The local liquor control commissioner shall have the following powers,
functions and duties:
a. To receive applications for liquor licenses under this chapter, to
investigate applicants, and to grant or renew liquor licenses;
b. To receive complaints from citizens of the city that the provisions
of this chapter or state law have been or are being violated and to
investigate and act upon such complaints;
c. To enter or authorize any law enforcement officer to enter at
anytime upon any premises licensed under this chapter to
determine whether any provisions of this chapter or state law have
been or are being violated and at such time to examine the
premises of the licensee;
d. To appoint deputies or other persons to assist him in the
performance of his duties and responsibilities as local liquor
control commissioner;
e. To require any licensee at any reasonable time to produce such
licensee's books and records of his operations under his liquor
license for inspection and examination;
f. To require any licensee at reasonable times, and from time to time,
to file reports or provide information concerning such licensee's
operation of his licensed establishment as may be convenient to
permit proper enforcement of this chapter or state law;
g. To promulgate rules and regulations under this chapter and state
law consistent therewith;
h. To convene and conduct hearings upon complaint or upon
information that a violation of this chapter has occurred; to conduct
hearings concerning the fitness of any person to receive, continue
to hold or renew any license issued under this chapter; to
administer oaths, issue subpoenas to compel the attendance of
witnesses and the production of relevant documents or other
evidence; to receive testimony and take proof; to make findings of
fact and determinations of law; to enter written orders and
decisions;
i. To require all license holders to comply with the Fire Codes of the
City of Canton. Any violation of the Fire Codes may result in a
suspension or revocation of the license pursuant to the penalties set
forth in paragraph k;
j. To represent the city on any appeal of any action taken under this
chapter;
k. To prescribe penalties for violations of this chapter and state law
and enforce such penalties. Permissible penalties shall include;
1. A written reprimand;
2. A fine of up to $1,000 for each violation but not more than
$10,000 against any licensee during any license year;
3. To suspend any licensee's license for not more than 30 days for
any violation'
4. To revoke any license issued under this chapter for cause.
k. To keep and maintain books and records concerning the
performance of his duties, functions and responsibilities under this
chapter;
1. To receive license fees, fines and other moneys under this chapter
and to promptly deposit such funds with the city treasurer;
m. To cause legal proceedings to be initiated on behalf of the city
regarding the duties, functions and responsibilities under this
chapter;
n. To declare the existence of any emergency and thereafter to alter
the hours of operation of any licensee and take all other actions
that may be necessary or proper due to such emergency;
o. To notify the Illinois Secretary of State where a club incorporated
under the General Not For Profit Corporation Act 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 this chapter by selling or offering for sale at retail
alcoholic liquor without a license;
p. To take any and all actions necessary and incidental to the
furtherance of his duties and functions as set forth in this chapter or
by state law;
3. That this Ordinance shall become effective immediately upon its passage by
the City Council of the City of Canton, Fulton County, Illinois, and approval
by the Mayor thereof.
PASSED by tie City Council of the City of Canton, Fulton County, Illinois at a regular
meeting this st day of July , 2003, upon a roll call vote as follows:
AYES: Aldermen Reed, Fillir~am, Harn, ?aest, ,Hartford,
NAYS: Alderman Sarff .
ABSENT: ~-~~~ Carl, Nblleck.
Attest:
Nancy Whit ,City Clerk
Approved:
rry . Bohler, Mayor