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Carlisi v. Illinois Liquor Control Commission

NOVEMBER 10, 1969.

ALFONSO CARLISI, D/B/A AL'S PLACE, PLAINTIFF-APPELLANT,

v.

ILLINOIS LIQUOR CONTROL COMMISSION, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County; the Hon. EDWARD F. HEALY, 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 State retail liquor license by the Illinois Liquor Control Commission, on the ground that plaintiff was not a resident of the municipality in which the licensed premises were located. On appeal the determinative issue is whether the findings of the Commission were contrary to the manifest weight of the evidence presented.

Plaintiff was issued a retail liquor license effective July 1, 1967, for premises located at 3500 South Laramie Avenue, Cicero, Illinois. On October 27, 1967, the Illinois Liquor Control Commission issued a citation and notice of hearing to the plaintiff, charging him with the violation of the following provision of the Illinois Liquor Control Act (Ill Rev Stats 1965, c 43):

"120. Persons ineligible to license.] § 2. No license of any kind issued by the State Commission or any local commission shall be issued to:

"(1) A person who is not a resident of the city, village or county in which the premises covered by the license are located; except in case of railroad or boat licenses."

After a hearing and on December 14, 1967, the Commission entered an order which included the following:

"This Commission having heard and considered the evidence, both oral and documentary, in support of the allegations contained in said Citation and Notice of Hearing, a copy of which was duly served upon the respondent licensee, at the hearing held at Chicago, Illinois, on December 12, A.D. 1967, and the respondent licensee having been represented by counsel and this Commission being fully advised, FINDS:

"That the evidence adduced at the hearing supported the charge contained in Citation and Notice of Hearing that the licensee did not in fact reside in Cicero, Illinois; whereas his application for a State Retail Liquor License states that he lived at 3500 South Laramie Avenue, Cicero, Illinois; whereas in fact, he resides at 5837 Maple, Berkeley, Illinois.

"IT IS THEREFORE ORDERED that the State Retail Liquor License No. R-11905 issued to ALFONSO CARLISI, d/b/a Al's Place, at the aforesaid address, be and the same is hereby REVOKED."

On December 28, 1967, a final order was entered by the Commission denying plaintiff's application for a rehearing.

In support of the charges the Commission's evidence included Exhibits 1, 2 and 3, which were received into evidence over the objection of plaintiff. Exhibit 1 is a certification from the Village Clerk of the Village of Berkeley, Illinois, of a 1967 vehicle license tag issued in the name of Alfonso Carlisi, with the address of 5837 Maple Avenue, Berkeley, Illinois; Exhibit 2 is a certified copy of a voter's registration card in the name of Alfonso Carlisi, the address is 5837 Maple, Berkeley, Illinois, and it is certified by the Village Clerk on October 23, 1967; Exhibit 3 is a certified copy of a water bill in the name of Alfonso Carlisi, with the address 5837 Maple Avenue, Berkeley, Illinois, and bearing dates from January 1, 1967, through September 1, 1967, and certified on October 23, 1967.

A witness for the Commission, an agent of the Federal Bureau of Investigation, identified the Commission's Exhibit 5, purporting to be a certified copy of an application for a 1967 automobile license in the name of Alfonso Carlisi, 5837 Maple Avenue, Berkeley, for a 1966 Chrysler. He further testified that in the course of his official duties he visited the premises at 3500 South Laramie, Cicero, on November 13, 1967. He was accompanied by a special agent of the FBI. He visited and examined the premises in the early afternoon between 1:00 and 2:00 p.m. He described the premises at length.

On cross-examination this witness stated that he had walked from the barroom portion into the banquet area about ten feet and looked around. He then walked into the interior section. This was the extent of his examination of the premises. He didn't recall whether there were kitchen facilities in the place. He also didn't recall seeing any stairway going downstairs as well as upstairs.

Another FBI agent testified that he knew plaintiff but, in attempting to identify him, identified a Mr. Tornabene as Mr. Carlisi. He had interviewed a man who identified himself as Alfonso Carlisi back in 1966.

Plaintiff was called as a witness by the Commission. He identified his application for the license and stated: "I live at 3500 South Laramie." He was familiar with the address 5837 Maple Street, Berkeley, Illinois, "because my family live there. They have lived there since we bought the place three or four years ago." He had been the licensee of the Starlight Inn in Cicero for thirteen years. At 3500 South Laramie he rents the whole first floor and has a room off the dining room in the same building.

Plaintiff further testified that for the thirteen years he had been a liquor licensee, he has "never been called before the Commission or any Board with reference to the manner in which I have operated it." During the years 1964, 1965, 1966 and the beginning of 1967, he was residing at the Tornabene home, going to his family abode in Berkeley on Sunday morning. He would not return to the tavern at any time on Sunday. While he was the licensee at 3500 South Laramie Avenue, he resided there six nights a week. He had a room off ...


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