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HomeMy WebLinkAboutG56-87 47 4 Ordinance No. G56-87 AN ORDINANCE ESTABLISHING RULES OF PROCEDURE FOR HEARINGS BY THE LIQUOR CONTROL COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 6.06.125 is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: 6.06.125 Complaint procedure. A. Procedure Before Commission on Complaints. I. The commission may proceed by complaint and notice of hearing, to require any licensee to appear at a time and place specified in the notice to show cause why its liquor license should not be suspended or revoked or a fine imposed in lieu of suspension or revocation for violations of the Illinois Liquor Control Act, rules or regulations issued pursuant thereto, and Chapter 6.06 of the Elgin Municipal Code, 1976, as amended. 2. All such proceedings shall be instituted by complaint in writing, shall state the particular provision, rule or regulation alleged to have been violated and the facts in detail upon which such allegation is based and shall be signed by the Chairman or any member of the commis- sion. 3. The licensee against whom complaint has been filed shall be entitled to be served with a copy of the complaint or citation and shall be given notice of the time and place set for the hearing of said complaint. 4. The complaint and notice of hearing shall be served on the licensee named therein not less than ten (10) days prior to the date specified in said notice of hearing. 5. The licensee named in the citation and notice of hearing shall appear at the time and place designated in the complaint and notice of hearing. B. Complaint of Violation by Residents - Hearing. I. Any five residents of the City may file a complaint with the commission stating that any retailer licensee, subject to the jurisdiction of the commission, has been or is violating the provisions of the Illinois Liquor Control Act or the rules or regulations issued pursuant thereto or Chapter 6.06 of the Elgin Municipal Code, 1976, as amended. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which such belief is based. If the commission is satisfied that the complaint substan- tially charges a violation and that from the facts alleged there is reason- able cause for such belief, it shall set the matter for hearing and shall serve notice and a copy of the complaint upon the licensee of the time and place of such hearing and of the particular charge in the complaint. The complainants shall also be advised of the date set for a hearing. At the hearing it shall be the burden of the complainant to prove any violation charged by the greater weight of the evidence. 2. The commission shall advise the complainant in writing of the time and place of the hearing. At the hearing it shall be the com- plainant's burden to present sufficient evidence to support the charges by the greater weight of the evidence. C. Procedure Before Commission on Request for Continuance of Any Hearing. I. A request for a continuance of any hearing in any matter before the commission shall not be allowed unless made in writing and stating facts, under oath, showing that there is reasonable cause and unless made at least five (S) days prior to the date set for the hearing. 2. The commission may in its discretion grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance. Section 2. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ George Van De Voorde George VanDeVoorde, Mayor Presented: September 9 , 1987 Passed: September 9 , 1987 Vote: Yeas 6 Nays p Recorded: Published: Attest: ./ Yearn)An Marie Yearman, City Clerk