Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

El Patio, Inc. v. Illinois Liquor Control Com.

JANUARY 31, 1959.

EL PATIO, INC., AN ILLINOIS CORPORATION, PLAINTIFF-APPELLANT,

v.

ILLINOIS LIQUOR CONTROL COMMISSION, AND LOREN B. SACKETT, HOWARD S. CARTWRIGHT, MEMBERS, JOSEPH J. SCHIFFMAN, SECRETARY, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Alexander county; the Hon. C. ROSS REYNOLDS, Judge, presiding. Order affirmed.

PRESIDING JUSTICE BARDENS DELIVERED THE OPINION OF THE COURT. This is an appeal from an Order of the Circuit Court of Alexander County which affirmed the revocation of plaintiff's state liquor license by the Illinois Liquor Control Commission. The main contention is that the action of the Commission and the Court was without basis in the evidence.

The action against plaintiff corporation before the Commission was commenced with a Citation and Notice of Hearing under the Illinois Liquor Control Act, Ch. 43, Ill. Rev. Stat. (1955), which alleged that plaintiff permitted certain named individuals to operate a gambling room in connection with its tavern business contrary to the provisions of the Liquor Control Act and Rule 3, as adopted by the Illinois Liquor Control Commission.

At the hearing, evidence was introduced by state police officers that they observed gambling in a room physically connected with plaintiff's main bar room by a 6' X 6' passageway easily accessible to patrons of plaintiff; that on a subsequent date they conducted a search of the premises and confiscated certain gambling paraphernalia; and that the individuals in charge of said gambling were subsequently convicted of gambling offenses. The plaintiff's evidence was limited to two leases running to different lessees, one describing a tract of land occupied by the licensee's tavern, and the other tract occupied by the gambling room. This evidence, the licensee urges, clearly establishes that it was in no way connected with or responsible for the gambling activity found by the state police. Further, it is argued, the proceedings before the Commission were contrary to law in various particulars, even if the gambling offense be deemed to have occurred on the licensee's premises.

The first contention of plaintiff is that the Commission did not establish at the hearing that it had adopted procedural rules governing the conduct of the Citation proceeding as required by statute. Ill. Rev. Stat. (1957) Ch. 43, para. 150. We find in the abstract of the record no evidence directly on the point of the existence or nonexistence of such rules. It would appear from the fact that the Citation was in part based on an alleged violation of "Rule Three adopted by the Illinois Liquor Control Commission," that some rules were then in effect. Furthermore, it is a settled rule that the acts of an administrative body are presumed to be correct and that public officials may be presumed to have properly performed the duties of their office. Retail Liquor Dealers' Protective Ass'n of Illinois v. Fleck, 408 Ill. 219, 226, 96 N.E.2d 556 (involving the Liquor Control Act); Trustees of Schools of Tp. No. 8 v. Lilly, 373 Ill. 431, 440, 26 N.E.2d 489; United States ex rel. Harris v. Ragen, 177 F.2d 303; Dragovich v. Iroquois Iron Co., 269 Ill. 478, 482. This presumption prevails unless the contrary is shown. We must conclude, therefore, that any failure of the agency to adopt rules pursuant to statutory directions must be established by the plaintiff licensee. This it failed to do.

It is next urged that Rule 3 of the Commission is vague, confusing, arbitrary, unconstitutional, and invalid and that it goes beyond the scope of the power given to the Commission. Rule 3 reads as follows:

"1. No person holding a license issued by this Commission shall in the conduct of the licensed business or upon the licensed premises:

"(a) violate any law of the State of Illinois; or

"(b) violate any city, village, town or county ordinance or resolution regulating the sale of alcoholic liquors; or

"(c) suffer or permit a violation of any law of the State of Illinois; or

"(d) suffer or permit a violation of the city, village, town or county ordinance or resolution regulating the sale of alcoholic liquors.

"2. After notice to the licensee and hearing, the Commission may revoke or suspend any license for violation of this rule.

"3. Violation of the regulation may be proved by evidence that the licensee has been convicted of a violation of the law of the State of Illinois in the conduct of the licensed business or upon the licensed premises, or has been found guilty of violating any city, village, town or county ordinance or resolution regulating the sale of alcoholic liquors.

"4. Evidence that any person other than the licensee has been convicted of violating a statute of the State of Illinois or found guilty of violating a city, village, town or county ordinance or resolution regulating the sale of alcoholic liquors while upon the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.