Appeal from the Circuit Court of Cook County; the Hon. CHARLES
S. DOUGHERTY, Judge, presiding. Reversed.
MR. JUSTICE KLUCZYNSKI DELIVERED THE OPINION OF THE COURT.
The Mayor, as the Local Liquor Control Commissioner for the City of Chicago, revoked the retail liquor license issued to Nick P. Hareas for premises located at 743 N. Rush Street.
On review, the order of revocation was reversed by the License Appeal Commission and the Commission's ruling was affirmed by the Circuit Court. The local commissioner appeals.
The order of revocation was based upon the following findings of fact made by the local commissioner:
1. That on September 18, 1963 Nello Gabellini, bartender on the licensed premises, permitted a female on said premises, to solicit a police officer to purchase alcholic liquor;
2. That he permitted said female to solicit said officer to engage in acts of prostitution; and
3. That he permitted the female to commit acts of lewdness and public indecency
all in violation of the statutes of the State of Illinois and ordinances of the City of Chicago.
In reversing this order, the License Appeal Commission ruled that:
(a) The Mayor, as the local commissioner had proceeded in the manner provided by law;
(b) The order of revocation was not supported by the evidence, and
(c) The findings that the bartender permitted the female to solicit the purchase of alcoholic liquor, to solicit to engage in acts of prostitution, and to commit acts of lewdness and public indecency, were not supported by substantial evidence in the light of the whole record.
The local commissioner does not defend his findings, two (2) and three (3) namely, that the licensee permitted the female to solicit an engagement in acts of prostitution and to commit acts of lewdness and public indecency. But he does contend that the evidence establishes the licensee's violation of the Municipal Code of Chicago, Chap 147, sec 147-15 which provides as follows:
It shall be unlawful for any licensee, his manager, or other person in charge of any licensed premises where alcoholic liquor is sold or offered for sale for consumption thereon to . . . permit . . . any female person other than the licensee or . . . (certain relatives of the licensee) to draw . . . any alcoholic liquor, nor shall any other female be permitted to remain on said premises, who shall solicit any patron or ...