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O-64-01 11/26/2001VILLAGE OF LEMONT ORDINANCE NO.� D% ORDINANCE AMENDING CHAPTER 5.04 OF THE MUNICIPAL CODE OF LEMONT ENTITLED, "ALCOHOLIC CONSUMPTION" ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This ' b day of lflo v -m%✓ Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this ono' day of ikv1/1716PG✓ , 2001. , 2001. ORDINANCE NO. 9-0 % AN ORDINANCE AMENDING CHAPTER 5.04 OF THE LEMONT MUNICIPAL CODE ENTITLED, "ALCOHOLIC CONSUMPTION" BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, that Chapter 5.04 of the Lemont Municipal Code entitled, "Alcoholic Consumption" is hereby amended by revoking Section 5.04.170 "License - Suspension or revocation when." and Section 5.04.171 "Appeal of liquor commissioner finding limited to record" and replacing them as follows: Section 5.04.170 - Suspension or Revocation of License, Notice, Hearing, Fines: A. Authority: The Local Commissioner may suspend for not more than thirty (30) days, or revoke any license issued pursuant to the provisions of this Chapter, if he determines that the licensee has violated any of the provisions of the Liquor Control Act of the State of Illinois, or the provisions of this Chapter, or any applicable rules or regulations established by the Illinois Liquor Control Commission or any applicable rules or regulations established by said Local Commissioner. B. Public Hearing: No such license shall be revoked or suspended except after a public hearing by the Local Commissioner with a minimum three (3) day written notice sent to the licensee prior to the hearing affording said licensee an opportunity to appear and defend. An official record of the hearing and proceedings by the Local commissioner shall be taken and prepared by a certified court reporter or certified shorthand reporter. Provided, however, that if the Local Commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the Village, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period, 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. C. Decision of Local Commissioner: The Local Commissioner shall within five (5) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason or reasons for such determination in a written order of revocation or suspension setting forth the amount of any fine, the period of any suspension, or that the license has been revoked, and shall serve a copy of the written order within five (5) days thereafter upon the licensee. D. Appeal: The licensee, after the receipt of the order of suspension or revocation, shall have the privilege within a period of twenty (20) days after the receipt of such order of suspension or revocation of appealing the order to the Illinois Liquor Control Commission. The appeal to the Illinois Liquor Control Commission shall be limited to a review of the official record of the hearing and proceedings before the Local Commissioner. A certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the Local Commissioner within five (5) days after notice of the filing of such appeal, if the appellant licensee pays for the cost of the transcript. The Illinois Liquor Control Commission shall review the propriety of the order or action of the Local Commissioner and shall consider the following questions: 1. Whether the Local Commissioner has proceeded in the manner provided by law; 2. Whether the order is supported by the findings; and 3. Whether the findings are supported by substantial evidence in light of the whole record. Review of the decisions of the Local Commissioner shall be limited to a review of the certified official record of the proceedings of the Local Commissioner. No new or additional evidence shall be admitted or considered. E. Costs: Any licensee or licensed premises determined by the Local Commissioner to have violated any of the provisions of the Liquor Control Act, or any ordinance or resolution of the Village, or any rule or regulation established by the Local Commissioner, or the Illinois Liquor Control Commission, shall pay to the Village the costs incurred by the Village in investigating and conducting hearing(s) on said violation(s). The Local Commissioner shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter fees, the costs of transcripts or records, attorney's fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the Village or such lesser sum as the Local Commissioner may allow. The licensee shall pay said costs to the Village within thirty (30) days of notification of the costs by the Local Commissioner. Failure to pay said costs within thirty (30) days of notification is a violation of this section any may be cause for license suspension or revocation, or the levy of a fine. In the event of an appeal to the Illinois Liquor Control Commission, and in cases where the appeal is taken pursuant to the Administrative Review Act, payment is due thirty (30) days after the entry of an order finally affirming the determination of the Local Commissioner. F. Fines: In addition to suspension, the Local Commissioner may levy a fine on the licensee for violations as defined in subsection A of this section. Such fine shall not exceed ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) for each violation; each day on which each violation continues shall constitute a separate violation. Not more than TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) in fines under this section may be imposed against any licensee during the period of his license. This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 024HH") day of nov , - 2001. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED V v tr v v Approved by me this day of n%vav)74 , 2001. JO "IAZZA, Attest: ident CHARLENE M. SMOLLEN, Village Clerk