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Legones v. License Appeal Commission

OCTOBER 21, 1968.

MARCO LEGONES, PLAINTIFF-APPELLANT,

v.

LICENSE APPEAL COMMISSION OF THE CITY OF CHICAGO, A.L. CRONIN, CHAIRMAN, AND RICHARD J. DALEY, LOCAL LIQUOR CONTROL COMMISSIONER OF THE CITY OF CHICAGO, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County; the Hon. CHARLES S. DOUGHERTY, Judge, presiding. Affirmed. MR. JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.

This is an administrative review action in which the Circuit Court affirmed the revocation of plaintiff's City of Chicago retail liquor license for premises at 4721 N. Clifton Avenue, Chicago. On appeal, plaintiff contends that the judgment of the trial court is not substantially supported by the evidence or by the law.

The order of revocation for 4721 N. Clifton was entered by the Local Liquor Control Commissioner of the City of Chicago on December 9, 1966, and made the following findings:

1. That on September 3, 1966, during an altercation on the licensed premises, George Semhrong, a patron on the licensed premises, was assaulted by another patron on said premises, one Alma Howe, with a deadly weapon, to-wit: a broken bottle, in violation of the Ordinances of the City of Chicago and the Statutes of the State of Illinois.

2. That the licensee and his agents failed to protect said patron, failed to render aid to said victim and failed to notify the police department of said altercation.

3. That on September 3, 1966, Oliver Montgomery, bartender on the licensed premises obstructed justice by directing one George Semhrong, not to report the above altercation to the police department.

4. That Marco Legones, the licensee of the licensed premises is not a proper person to possess a City of Chicago retail liquor license by reason of the revocation of the liquor license for the premises located at 4804 1/2 North Sheridan Road, on November 1, 1966.

The License Appeal Commission of the City of Chicago, in sustaining the order of revocation, found that findings (1) and (4) "are supported by substantial evidence in the light of the whole record," and that findings (2) and (3) were not supported by the record. On February 14, 1967, a judgment order was entered in the Circuit Court, which affirmed the order of the License Appeal Commission. This is the judgment from which plaintiff has appealed.

Plaintiff asserts there is nothing in this record that in any way reflects on the licensee as not being a proper person to possess a City of Chicago retail liquor license. Plaintiff notes the record shows no participation by the licensee or his employees in the altercation set forth in finding (1).

As to finding (4), which was based on the revocation of plaintiff's retail liquor license for 4804 1/2 North Sheridan Road, Chicago, plaintiff contends that the acts there charged were allegedly committed by employees, and the licensee himself in no way participated in any of the acts. Plaintiff argues, "It seems incredible that where a licensee has more than one license at different locations that an act committed by an employee at any other location which might constitute a violation of the law resulting in a revocation should deprive the licensee at one or more other locations of his right to do business at these other locations."

The litigants here are the same as in a companion appeal (No. 52,192, Legones v. License Appeal Commission of City of Chicago, 100 Ill. App.2d 394, 241 N.E.2d 499), in which this Division is filing an opinion simultaneously with the instant opinion. The opinion in No. 52,192 affirms the November 1, 1966, revocation by the local commissioner of plaintiff's retail liquor license for 4804 1/2 North Sheridan Road. There the order of revocation was based on findings (1) that a patron was assaulted by an employee of the licensee; (2) that alcoholic liquor was sold on the premises to a person under the age of 21 years; and (3) alcoholic beverages were sold to an intoxicated person on the premises, all in violation of the ordinances of the City of Chicago and the statutes of the State of Illinois.

Initially we note that when a person employs an agent to transact business for him, he is responsible for any act of the agent performed in the course of his duty or within the scope of his employment. Lipscomb v. Coppage, 44 Ill. App.2d 430, 430p, 197 N.E.2d 48 (1963).

The statutory authority for the Local Liquor Commissioner, here the Mayor of Chicago, to revoke a local liquor license, is found in paragraphs 112 and 149 of the Liquor Control Act (Ill Rev Stats 1967, c 43). Paragraph 112, § 3, provides:

". . . (1) To grant and or suspend for not more than thirty days or revoke for cause all local licenses issued to persons for ...


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