City of Momence - 2015 Ordinances and Resolutions - page 96

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such license shall be revoked or suspended, or a fine imposed, except after a public hearing before the
Commissioner. No hearing shall be commenced until ten (10) days after written notice to the licensee affording the
licensee an opportunity to appear and defend; provided that, if the Commissioner has reason to believe that any
continued operation of a particular licensed premises will immediately threaten the health, safety or welfare of the
community, the Commissioner may, upon the issuance of written order stating the reason for such conclusion and
without notice or hearing, order the licensed premises closed for not more than ten (10) days, giving the licensee an
opportunity to be heard not later than the end of that period. If the licensee shall also be engaged in the conduct of
another business on the licensed premises, such orders shall not be applicable to such other business. All hearings
before the Commissioner shall be on the record as set forth under Illinois law so that any appeal to the State Liquor
Commission shall be on this record only and not de novo. Appeals shall be taken to the Illinois Liquor Control
Commission and theCircuit Court in themanner provided by law.
3-2-31: PROVISIONTOANDUSEOFALCOHOLBYUNDERAGEPERSONS
A.
Delivery of Alcoholic Liquor to An Underage Person
: It shall be unlawful for any person, regardless of
relationship, age or circumstances, to deliver any alcoholic liquor to any underage person, except as set forth in this
Chapter.
B.
Use of Premises for Consumption of an Alcoholic Liquor
: It shall be unlawful for any person to knowingly
permit or to knowingly or negligently fail to prevent, on any premises under his or her control, the consumption of
an alcoholic liquor by an underage person. ThisChapter shall apply to residential, public and commercial premises.
C.
Exceptions
: ParagraphsA andB of this Section shall not apply in the following circumstances:
1. The performance of a bona fide religious service.
2. The delivery of an alcoholic liquor within the home to an underage person, by and under the direct
supervisionof that underage person’s parent; provided, however, the following rules shall be applied:
a. In any prosecution of an underage person for the commission of any State or local offense, the
prosecutor, upon reasonable grounds, may request a ruling and the court shall rule as to whether
the consumption of an alcoholic beverage, as permitted by the parent, was a contributing factor to
the commissionof the offense. If it is so determined in the affirmative, then the penalty set forth in
ParagraphD of this Section shall apply. For purposes of this Section, the consumption of alcohol
may be determined to be a contributing factor if it had the effect of substantially causing an
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