Illinois General Assembly - Illinois Compiled Statutes

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235 ILCS 5/4-2

(235 ILCS 5/4-2) (from Ch. 43, par. 111)

Sec. 4-2.

The mayor or president of the board of trustees  of each city,
village or incorporated town or his or her designee, and the president or chairman of the county
board or his or her designee, shall be the local liquor control commissioner for their respective
cities, villages, incorporated towns and counties, and shall be charged
with the administration in their respective jurisdictions of the
appropriate provisions of this Act and of such ordinances and resolutions
relating to alcoholic liquor as may be enacted; but the authority of the
president or chairman of the county board or his or her designee shall extend only to that area in
any county which lies outside the corporate limits of the cities, villages
and incorporated towns therein and those areas which are owned by the
county and are within the corporate limits of the cities, villages and
incorporated towns with a population of less than 1,000,000, however, such
county shall comply with the operating rules of the municipal ordinances
affected when issuing their own licenses.

However, such mayor, president of the board of trustees or president or
chairman of the county board or his or her designee may appoint a person or persons to assist him
in the exercise of the powers and the performance of the duties herein
provided for such local liquor control commissioner.

Notwithstanding any other provision of this Section to the contrary, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less that has an interest in the manufacture, sale, or distribution of alcoholic liquor must direct the council or board over which he or she presides to appoint, by majority vote, a person other than him or her to serve as the local liquor control commissioner.  The appointment must be made within 30 days from the day on which the mayor or president takes office, and the mayor or president cannot make nominations or serve any other role in the appointment.  To prevent any conflict of interest, the mayor or president with the interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor.  Further, the appointee (i) shall be an attorney with an active license to practice law in the State of Illinois, (ii) shall not legally represent liquor license applicants or holders before the jurisdiction over which he or she presides as local liquor control commissioner or before an adjacent jurisdiction, (iii) shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor, and (iv) shall not be appointed to a term to exceed the term of the mayor, president, or members of the council or board.

(Source: P.A. 97-1059, eff. 8-24-12; 98-10, eff. 5-6-13.)