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G-670 - 02/13/2001 - ALCOHOL - OrdinancesORDINANCE 2001- AL -RR -G -670 AN ORDINANCE AMENDING SECTION 4 -1 -25A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO FINES FOR VIOLATIONS OF THE LIQUOR CONTROL ORDINANCE WHEREAS, the President and Board of Trustees of the Village of Oak Brook on May 14, 1996, enacted Ordinance G -570, known as "the Oak Brook Liquor Control Ordinance ", within the Village of Oak Brook; and WHEREAS, the Village President, as Local Liquor Commissioner, the Village Manager and staff, from time to time, have recommended amendments to Title 4, Chapter 1 entitled, "Liquor Control" of the Village Code of the Village of Oak Brook; and WHEREAS, the Village President, as Local Liquor Commissioner, the Village Manager and staff have recommended that the penalty section be amended to conform with a recently enacted state law which provides for increased fines for subsequent violations; and WHEREAS, the Village President and Board of Trustees have reviewed this amendment and have approved the recommended change; and WHEREAS, the President and Board of Trustees deem passage of this ordinance to be in the best interest and in pursuance of the general welfare of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 4 -1 -25A of the Village Code of the Village of Oak Brook is amended to read as follows: 4 -1 -25: VIOLATIONS; PENALTY: A. Penalty: Any person violating any provision of this Chapter may be fined not less than twenty five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for a first violation within a 12 -month period, $1,500 for a second violation within a 12 -month period, and $2,500 for a third or subsequent violation within a 12 -month period. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Not more than $15,000 in fines under this section may be imposed against any licensee during the period of its license. In addition to any other penalty, a licensee convicted of violating any provision of this Chapter may be subject to having its license revoked, suspended or not renewed by the Commissioner. Any licensee determined by the Village President to have violated any of the provisions of this Chapter shall pay to the Village the costs of the hearing before Ordinance 2001- AL -RR -G- 670 Alcoholic Liquor, Violation Fines, Page 2 the Village President on such violation. The Village President shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter fees, the costs of transcripts or records, attorney fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the Village or such lesser sum as the Village President may allow. Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 4: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. PASSED THIS 13th day of February, 2001. Ayes. Trustees .Butler, Caleel, McInerney and Sayino Nays None Absent Trustees Craig and Kenny Abstain' None APPROVED THIS 13th day of February, 2001. Village President ATTEST. J - may. `` Village Clerk, }l� Approved as to Form- . Village Attorney OF Qq,t a.� J =tom ' i l T Published 2/14/01 Pamphlet Form Date Paper Not Published