HomeMy WebLinkAboutRes 03-72 02/01/1972
RESOLUTION NO. 3-72
A RESOLUTION REGULATING APPEALS FROM ORDERS OF THE MOUNT PROSPECT
LIQUOR COMMISSIONER
WHEREAS, the Illinois General Assembly has amended Section 153 of
Chapter 43 of the Illinois Revised Statutes under "An Act to
amend Section 8 of Article VII of 'An Act relating to alcoholic
liquors', approved January 31, 1934, as amended (P.A. 77-674),
effective August 9, 1971; and
WHEREAS, the Village of Mount Prospect is presently composed of
some 45,000 residents and is, therefore, a home rule municipality
as provided by Section 6 of Article VII of the 1970 Constitution
of the State of Illinois; and
WHEREAS, said Act authorizes the adoption of a resolution by the
trustees of a home rule municipality under 500,000 inhabitants,
which resolution requires review by the Illinois State Liquor
Commission of any order of the local liquor control commissioner
to be on the record of such local liquor control commissioner;
and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have reviewed the said legislation and believe
that adoption of such a resolution pursuant to the said Act is
in the best interests of the Village of Mount Prospect;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That hereafter in the event of an appeal from an
order or action of the Village President of the Village of Mount
Prospect in his ex officio role as Local Liquor Control Com-
missioner, the appeal to the Illinois State Liquor Commission
shall be limited to a review of the official record of the pro-
ceedings before the said Mount Prospect Liquor Control Commis-
sioner.
SECTION TWO: That all proceedings before the said Mount Prospect
Liquor Control Commissioner shall be recorded and placed in a
certified official record of such proceedings taken and prepared
by a certified court reporter.
SECTION THREE: That if the event of an appeal from an order or
action of the said Mount Prospect Liquor Control Commissioner,
the said Liquor Control Commissioner shall file with the Illinois
State Liquor Commission the certified official record of the pro-
ceedings within five (5) days after notice of the filing of such
an appeal. The said State Commission shall review the propriety
of the order or action of the said Mount Prospect Liquor Control
Commissioner on the said certified official record, and the said
State Commission shall consider the following questions:
a. Whether the Mount Prospect Local Liquor Commissioner has
proceeded in the manner provided by law;
b. Whether his order or action is suoported by the findings;
c. Whether the findings are supported by substantial evidence
in the light of the whole record.
The only evidence which may be considered in the review by the
said State Commission shall be the evidence found in the certi-
fied official record of the proceedings of the Mount Prospect
Liquor Control Commissioner.
SECTION FOUR: That this Resolution shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
AYES: 5
NAYS: 0
PASSED AND APPROVED this 1st day of February, 1972.
ATTEST:
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