G56-87 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