HomeMy WebLinkAboutORDINANCES-2017-022-O-172/13/2017
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AN ORDINANCE
Amending City Code Section 3-4-2-(C)(2), "Powers and Duties," to
Limit the Time When A Law Enforcement Agency May Enter A
Licensee's Property
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-4-2(C)(2) of the Evanston City Code of 2012, as
amended, "Powers and Duties," is hereby further amended and revised as follows:
(C) Powers and Duties. The local liquor control commissioner shall have the
following powers, functions and duties with respect to licenses:
1. To grant, suspend for not more than thirty (30) days, or revoke any local
licenses issued to persons for premises within the City;
2. To enter or to authorize any law enforcement officer to enter at any
reasonable time, including but not limited to: during normal business
hours; during hours of operation of the business; any time the business
is found to be operating; or any time when a customer is in the business,
including before or after the hours of operation of such business, upon
any premises licensed under this Chapter to determine whether any of
the provisions of this Chapter or any rules or regulations adopted by
him/her or by the ILCC have been or are being violated, and at such time
to examine said premises of said licensee in connection therewith;
3. To receive complaints from any person pertaining to any of the
provisions of this Chapter, or any rules or regulations adopted pursuant
hereto, and to act upon such complaints as necessary;
4. To receive liquor license fees;
5. In the event that an application is rejected by the local liquor control
commissioner, the Council may overrule him/her within thirty (30) days of
the rejection. An ordinance specifically providing that the order of the
commissioner be reversed and an additional license of the class applied
for be created shall be adopted by the vote of two-thirds (2/3) of all the
aldermen then holding office. When such an ordinance is adopted, the
commissioner shall issue such license to the applicant. An ordinance
adopted under this subsection by a two-thirds (2/3) vote is not subject to
a Mayoral veto;
6. The Mayor, as local liquor control commissioner, shall keep a complete
record of all such liquor licenses issued by him/her;
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7. He/she may revoke any liquor license for any violation of any provision of
this Chapter, or for any violation of any State law pertaining to the sale of
alcoholic liquor.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
will not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and will be received in evidence as provided
by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance will be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: ir- Z"�-"
Adopted: -� E' I -y
I
Aft
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Devon Reid, City Clerk
, 2017 Approved:
, 2017 �� �� , 2017
ephen . Hage y, y r
Approved as to form:
W. Grant Farrlar, "Corporation Counsel
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