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Jamaica Inn, Inc. v. Daley

OPINION FILED SEPTEMBER 22, 1977.

JAMAICA INN, INC., ET AL., PLAINTIFFS-APPELLANTS,

v.

RICHARD J. DALEY ET AL., DEFENDANTS-APPELLEES. — PIGALLE LOUNGE, INC., ET AL., PLAINTIFFS-APPELLANTS,

v.

RICHARD J. DALEY ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. EDWARD F. HEALY, Judge, presiding.

MR. PRESIDING JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:

Rehearing denied October 18, 1977.

This is an appeal from the judgment of the circuit court of Cook County on administrative review, affirming the revocation of liquor licenses for Jamaica Inn, Inc. (hereinafter "Jamaica Inn") and Pigalle Lounge, Inc. (hereinafter "Pigalle"). Regarding Pigalle, the charges included solicitation of drinks by employees of the premises and allowing employees to dance in the state of nudity. As to Jamaica Inn, the charge was allowing employees to solicit drinks. The licenses were revoked by the local liquor license commissioner (hereinafter "commissioner") and, after the cases were consolidated, his decisions were upheld by the Liquor Appeal Commission of the City of Chicago. On administrative review, the revocations were affirmed by the circuit court, from which this appeal is taken.

The issues presented for review are (1) as to Pigalle and Jamaica Inn, whether a City of Chicago ordinance which prohibits the solicitation of nonalcoholic beverages, as well as alcoholic beverages, on premises licensed to sell alcoholic beverages, is an unreasonable classification and denies equal protection of the law; (2) as to Pigalle only, whether a City of Chicago ordinance which prohibits nudity in any public place is overbroad and abridges freedom of speech; and (3) as to Pigalle and Jamaica Inn, whether an adverse judgment in a previous lawsuit should operate as estoppel by judgment as to any issue challenging the City of Chicago ordinance prohibiting solicitation of drinks by employees of licensed establishments.

On June 5, 1974, Officer James Campbell of the Chicago Police Department went to 906 Ernst Court, the Pigalle, was shown to a seat and was asked by a waitress if he wanted something to drink. He replied "yes," received a drink and paid for it. Later, a lady came up to him, said she was a dancer there and wanted to know if he would like company. He said he would. The waitress asked if he would like to buy the girl a drink. He said "yes" and the waitress went to get the girl a drink. The drink was served to the lady and charged to the officer, although there was no conversation as to what was in the drink. Later, the officer arrested the dancer, the waitress and the bartender. On cross-examination the officer admitted the girl with whom he was sitting did not tell him what she wanted to drink. The waitress came back with a glass containing a liquid which he did not taste but which looked like orange juice.

Another Chicago police officer testified that on October 31, 1974, he went to the Pigalle and he observed Louise Schulman on the stage in a top and panties. After a few dances she totally disrobed and danced two numbers in the nude. He placed her under arrest after her dance. It was not possible to see the premises from the street, and in order to get into the premises one would have to walk down a passageway 60 or 70 feet.

On May 28, 1974, two police officers of the City of Chicago went to 6 East Chestnut, the Jamaica Inn. A waitress asked the policemen if they would like companionship. They replied "yes" and two women employees sat with them. The waitress asked if they wished to purchase two drinks for the women and the officers made no reply. Later, when the waitress returned after serving drinks to the two women, the parties were placed under arrest. The officers had no idea what was in the glasses served to the two women sitting with them.

Another police officer, Casper Johnson, testified that on June 5, 1974, he went to the Jamaica Inn and Mary Romano, a waitress, asked him if he wanted to buy a drink. He ordered and she came back with a drink. Roberta Allen, an employee, then approached the officer and asked if he wanted company. He said "yes" and she sat down. Miss Romano asked if he wanted to buy Miss Allen a drink. She returned with a highball glass with amber liquid in it. Arrests were made although the officer admitted he did not know what the drink was that Miss Allen received.

Upon the respective charges of solicitation of drinks by employees of the premises and allowing employees to dance in the nude, the liquor licenses of both Pigalle and Jamaica Inn were revoked. On administrative review, the revocations were affirmed. This action is taken from the order of the circuit court affirming the revocations.

The ordinances involved in this appeal are the Municipal Code of Chicago, chapter 147, sections 147-15, 15.1 and 15.2, as well as chapter 192, section 192-8. The provisions are:

"147-15. For the purposes of this section, the following terms shall have the meaning ascribed to them in this subsection:

A. Employee. The term `Employee' means any agent, manager, employee, entertainer, barkeeper, host, hostess, waiter, waitress or other such person employed * * * on any contractual basis by such an establishment, or receiving any remuneration for services in such an establishment;

B. Licensed Establishment. The term `Licensed Establishment' means any place of business which has been issued a city license for the retail sale of alcoholic beverages;

C. Patron. The term `Patron' means any patron, customer, or visitor of a licensed establishment who is not ...


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