HomeMy WebLinkAboutOrd 2336 02/01/1972
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ORDINANCE NUMBER 2336
AN ORDINANCE AMENDING SECTION 13.122 OF THE MUNICIPAL CODE
WHEREAS, the President and Board of Trustees of the Village
of Mount Prospect have on February 1, 1972 passed and ap-
proved Resolution No. 3-72, "A RESOLUTION REGULATING AP-
PEALS FROM ORDERS OF THE MOUNT PROSPECT LIQUOR COMMISSIONER";
and
WHEREAS, said Resolution was passed pursuant to Section 153
of Chapter 43 of the Illinois Revised Statutes; and
WHEREAS, the President
Mount Prospect believe
to the terms contained
ests of the Village of
and Board of Trustees
that adoption of this
in said Resolution is
Mount Prospect;
of the Village of
Ordinance pursuant
in the best inter-
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 13.122 of Chapter 13 of the Municipal
Code of Mount Prospect of 1957, as amended, be and the same is
hereby amended in its entirety to include the appeal procedure
set forth in Section 153 of Chapter 43 of the Illinois Revised
Statutes and Resolution No. 3-72 of the Village of Mount Pros-
pect; so that hereafter the said Section 13.122 shall be and
read as follows:
"Section 13.122 Revocation
The Village President may suspend or revoke any retail liquor
dealer's license for any violation of any provision of this
article or for the violation of any State law pertaining to
the sale of alcoholic liquor.
All proceedings before the said Mount Prospect Liquor Control
Commissioner shall be recorded and placed in a certified of-
ficial record of such proceedings taken and prepared by a
certified court reporter.
C.
The appeals procedure shall be as set forth by the President
and Board of Trustees of the Village of Mount Prospect under
Resolution No. 3-72 of the Village of Mount Prospect as set
forth in this Section and including:
1.
In the event of any 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 Commis-
sioner, the appeal to the Illinois State Liquor Com-
mission shall be limited to a review of the official
record of the proceedings before the said Mount Prospect
Liquor Control Commissioner. The only evidence which
may be considered in the review by the said State Com-
mission shall be the evidence found in the certified
official record of the proceedings of the Mount Prospect
Liquor Control Commissioner.
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2. In 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 proceedings 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 Com-
missioner on the said certified official record, and
the said State Commission shall consider the following
questions:
a. Whether the Mount Prospect Local Liquor Commis-
sioner has proceeded in the manner provided by law;
b. Whether his order or action is supported by the
findings;
c. Whether the findings are supported by substantial
evidence in light of the whole record."
II SECTION TWO: That this Ordinance shall be in full force and
I effect from and after its passage, approval and publication
I in the manner provided by law.
AYES: 5
NAYS: 0
PASSED AND APPROVED this 1st day of February, 1972.
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Village President
ATTEST:
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Village Clerk
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