HomeMy WebLinkAboutRESOLUTION - 82-76 - 12/14/1976 - LIQ CONTROL COMMISSION/REGULATE APPEALS RESOLUTION NO. 82-76
A RESOLUTION REGULATING APPEALf' FAObi
ORDERS OF THE ELK GROVE VILLAGE L(ICAL
LIQUOR CONTROL 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 Elk Grove Village is presently composed
of over 25 , 000 residents and is, therefore, a Home Rule Municipality
as provided by Section 6 , Article VII of the 1970 Constitution of
the State of Illinois; and
WHEREAS , said Act authorized 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 V .7age of
Elk Grove Village 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 Elk Grove Village.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Cook and Du Page
Counties , Illinois , as follows :
Section 1 : That hereafter in the event of an appeal from an
order or action of the Village President of the Village of Elk Grove
Village in his ex officio role as Local Liquor Commissioner, the
appeal to the Illinois State Liquor Commission shall be limited to
a review of the official record of the proceedings before the said
Elk Grove Village Liquor Control Commissioner.
Section 2 : That all proceedings before the said Elk Grove
Village 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 3: That in the event of an appeal from an order or action of
the :;aid Elk Grove Village 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 Elk Grove Village Liquor Control Commissioner
on the said certified official record, and said State Commission
shall consider the following questions :
A. Whether the Elk Grove Village Local Liquor
Commissioner has proceeded in the manner
provided by law;
B. Whether his order or action is supported by
the findings; and
C . Whether the findings are supported by substantial
evidence in 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 certified official
record of the proceedings of the Elk Grove Village Liquor Control
Commissioner.
Section 4 : That this Resolution shall be in full force and
effect from and after its passage and approval as provided by law.
VOTES : AYES : 6
NAYS : D
ABSENT: D
APPROVED:
L,
VILLAGE PIPS-7/D
ATTEST:
IL- AGE CLIOY
PASSED this 14th day of December , 1976 .
APPROVED this 14th day of December , 1976 .
2 -