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TO: Mayor Thomas J. Weisner
FROM: Alayne M. Weingartz, Corporation Counsel
DATE: April 17, 2014
SUBJECT:
An Ordinance Amending Chapter 6 Entitled "Alcoholic Liquors" of the Aurora Code
PURPOSE:
To create a Liquor Control Hearing Officer to assist the Liquor Commissioner in his duties.
BACKGROUND:
The Mayor, serving as the Local Liquor Commissioner, hears all disciplinary matters involving Liquor licensees. The hearings and process involved can be very time consuming, there is a desire to provide for a more efficient process.
DISCUSSION:
The various administrative hearing processes which the City has been providing for other types of ordinance violation cases have been very successful, particularly in terms of gaining compliance with City ordinances. By appointing up to two Liquor Control Hearing Officers to assist with liquor ordinance violations, the same success should be expected. Additionally, by providing this administrative process with up to two Liquor Control Hearing Officers, faster review time should result, as well as providing for an "independent" review by persons with what is expected to be a background in the law.
IMPACT STATEMENT:
The Hearing Officer position will be paid out of account 101-1240-419.45-20. A Hearing Officer will receive $75 in compensation for handling a hearing of up to 90 minutes duration, $150 total for a hearing lasting in excess of 90 minutes.
RECOMMENDATIONS:
I request the proposed ordinance be enacted.
cc: Alderman Hart-Burns, Chairman
Alderman Johnson
Alderman Mesiacos
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 6 Entitled "Alcoholic Liquors" of the Aurora Code Ordinances
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is desirable that the health, safety and welfare of the people of the City of Aurora shall be protected by the sound and careful control of the use, sale, distribution and consumption of alcoholic liquor; and
WHEREAS, the City deems it necessary and appropriate to amend the provisions regarding the regulation of alcohol, specifically for the purpose of creating Local Liquor Control Hearing Officers to assist the Mayor to carry out his duties as Local Liquor Control Commissioner.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 6 "Alcoholic Liquor" of the City of Aurora Code of Ordinances is hereby amended as follows:
Section One: That Chapter 6, Section 6-1 up to and including Section 6-34, shall be incorporated into a new Article I entitled "In General" in Chapter 6 of the Aurora Code of Ordinances.
Section Two: That a new Article II shall be established and entitled "Local Liquor Control Hearing Officer" in Chapter 6 in the Aurora Code of Ordinances, and that said Article II in Chapter 6 shall be added to read as follows:
ARTICLE II. LOCAL LIQUOR CONTROL HEARING OFFICER.
Sec. 6-35. Creation and Purpose.
Up to two Local Liquor Control Hearing Officers ("Hearing Officer") are hereby created for the purpose of assisting the Local Liquor Control Commissioner ("Liquor Commissioner") in the exercise of the powers and the performance of the duties assigned to him, under State law, as the local liquor commissioner.
Sec. 6-36. Hearing Officer.
All Liquor Control Hearing Officers shall be appointed by the Liquor Commissioner and confirmed by the City Council. A Hearing Officer shall not have any ownership interest in, or be employed by, any licensed establishment, nor have a spouse, parent, sibling, or child that has, or acquires any ownership interest in, or is employed by, any licensed establishment.
Sec. 6-37. Powers and Duties.
The powers and duties of a Liquor Control Hearing Officer shall be those assigned by the Liquor Commissioner and may include, without limitation:
(1) To conduct disciplinary hearings at the request of the Corporation Counsel and/or the Liquor Commissioner and to submit findings and recommendations to the Liquor Commissioner setting forth his conclusions respecting the existence and nature of any violation of this Chapter. If the Liquor Commissioner chooses to vary from the recommendation of a Liquor Control Hearing Officer, he will provide his reasoning to him. Each Hearing Officer shall receive a copy of all final decisions of the Liquor Commissioner.
(2) To create a written record of his meetings and proceedings which shall be open to the public in accordance with the Illinois Freedom of Information Act, 5 ILCS 140/1, et seq., provided that such records shall not include matters concerning the applicants or licensees which could result in an invasion of privacy. All such records shall be forwarded to the City Clerk within thirty (30) days of approval and kept by the City Clerk.
(3) To assist the Liquor Commissioner in the performance of his powers and duties as requested by the Liquor Commissioner.
(4) As compensation for said duties, a Hearing Officer shall be paid seventy-five dollars ($75.00) for hearings that are of a duration of up to ninety (90) minutes, and one hundred fifty dollars ($150.00) total compensation for hearings in excess of ninety (90) minutes duration.
Section Three: That this Ordinance shall be in full force and effect, and shall be controlling immediately upon passage and approval.
Section Four: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Five: That any Section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
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