2023 Illinois Compiled Statutes › Chapter 235 - LIQUOR › 235 ILCS 5/ - Liquor Control Act of 1934. › Article IV - Local Control

(235 ILCS 5/Art. IV heading)
ARTICLE IV.  
		LOCAL CONTROL
(235 ILCS 5/4-1) (from Ch. 43, par. 110)
Sec. 4-1. 
In every city, village or incorporated town, the city council or
president and board of trustees, and in counties in respect of territory
outside the limits of any such city, village or incorporated town the
county board shall have the power by general ordinance or resolution to
determine the number, kind and classification of licenses, for sale at
retail of alcoholic liquor not inconsistent with this Act and the amount
of the local licensee fees to be paid for the various kinds of licenses to
be issued in their political subdivision, except those issued to the
specific non-beverage users exempt from payment of license fees under
Section 5-3 which shall be issued without payment of
any local license fees, and the manner of distribution of such fees after
their collection; to regulate or prohibit the presence of persons under
the age of 21 on the premises of licensed retail establishments of various
kinds and classifications where alcoholic liquor is drawn, poured, mixed or
otherwise served for consumption on the premises; to prohibit any minor
from drawing, pouring, or mixing any alcoholic
liquor as an employee of any retail licensee; and to prohibit any minor
from at any time attending any bar and from drawing, pouring or mixing any
alcoholic liquor in any licensed retail premises; and to establish such
further regulations and restrictions upon the issuance of and operations
under local licenses not inconsistent with law as the public good and
convenience may require; and to provide penalties for the violation of
regulations and restrictions, including those made by county boards,
relative to operation under local licenses; provided, however, that in the
exercise of any of the powers granted in this Section, the issuance of such
licenses shall not be prohibited except for reasons specifically enumerated
in Sections 6-2, 6-11, 6-12 and 6-25 of this Act.
However, in any municipality with a population exceeding 1,000,000 that
has adopted the form of government authorized under "An Act concerning cities,
villages, and incorporated towns, and to repeal certain Acts herein named",
approved August 15, 1941, as amended, no person shall be granted any license
or privilege to sell alcoholic liquors between the hours of two o'clock
a.m. and seven o'clock a.m. on week days unless such person has given
at least 14 days prior written notice to the alderperson of the ward in which
such person's licensed premises are located stating his intention to make
application for such license or privilege and unless evidence confirming
service of such written notice is included
in such application. Any license or privilege granted in violation of this
paragraph shall be null and void.
(Source: P.A. 102-15, eff. 6-17-21.)
(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.)
(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.)
(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     revoke for cause all local licenses issued to persons for premises within his jurisdiction;
2. To enter or to authorize any law enforcing officer     to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Act or any rules or regulations adopted by him or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;
3. To notify the Secretary of State where a club     incorporated under the General Not for Profit Corporation Act of 1986 or a foreign corporation functioning as a club in this State under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;
4. To receive a complaint from any citizen within his     jurisdiction that any of the provisions of this Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon the complaint in the manner hereinafter provided;
5. To receive local license fees and pay the same     forthwith to the city, village, town, or county treasurer, as the case may be.
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.)
(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.)
(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.)
(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.)