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Liquor Control Com. v. Civil Service Com.

OPINION FILED JANUARY 24, 1980.

ILLINOIS LIQUOR CONTROL COMMISSION, PLAINTIFF-APPELLANT AND CROSS-APPELLEE,

v.

ILLINOIS CIVIL SERVICE COMMISSION ET AL., DEFENDANTS. — (ELVIS ROWLAND, DEFENDANT-APPELLEE AND CROSS-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR L. DUNNE, Judge, presiding.

MR. JUSTICE ROMITI DELIVERED THE OPINION OF THE COURT:

This action was brought under the Administrative Review Act (Ill. Rev. Stat. 1977, ch. 110, par. 264 et seq.), by the Illinois Liquor Control Commission (ILCC) to review a decision of the Illinois Civil Service Commission suspending ILCC Investigator Elvis Rowland for 90 days in addition to an initial suspension he received from ILCC. In the circuit court ILCC sought Rowland's discharge. Rowland had brought a separate action under the Administrative Review Act seeking reversal of his suspension. After consolidating the two actions the circuit court affirmed the decision of the Civil Service Commission. ILCC appealed and Rowland cross-appealed.

We affirm.

The written charges brought against Rowland state:

"1. On or about September 19, 1977, at approximately 3:30 p.m., at the Mirage Tavern, you participated in the solicitation of a gratuity from Jeff Allen, in concert with Nicholas Zekich, in violation of Ill. Rev. Stat. 1975, Chap. 43, Sec. 103;

2. On or about September 19, 1977, at approximately 3:30 p.m., at the Mirage Tavern, you participated in the acceptance of a $50.00 gratuity from Jeff Allen, in concert with Nicholas Zekich, in violation of Ill. Rev. Stat. 1975, Chap. 43, Sec. 103;

3. You failed to report a violation of Ill. Rev. Stat. 1975, Chap. 43, Section 103, and Rule 3 of the Rules and Regulations of the Illinois Liquor Control Commission, in that a gratuity was solicited and accepted on the date, place, time and manner noted in charges one and two, which you knew or should have known was taking place.

4. You failed to report a violation of Ill. Rev. Stat. 1975, Chap. 43, Sec. 115(d), and Rules 3 and 25 of the Rules and Regulations of the Illinois Liquor Control Commission which you observed on the date, place and time noted in charges one and two, in that bottles of alcoholic beverages had price stickers affixed to them, indicating they had been purchased from a retail establishment."

Article III, section 7 of the Liquor Control Act (Ill. Rev. Stat. 1977, ch. 43, par. 103) provides, inter alia, that no person employed by the ILCC shall solicit or accept any gratuity from any person subject to the provisions of the Act. Article V, section 1(d) of the Liquor Control Act (Ill. Rev. Stat. 1977, ch. 43, par. 115(d)), states that "A retailer's license shall allow the licensee to sell and offer for sale at retail in the premises specified in such license alcoholic liquor for use or consumption, but not for resale in any form * * *." (Emphasis added.) The applicable rules of the ILCC state in pertinent part:

"Rule 3. Violation of State Statute or City, Village or County Ordinance or Regulation

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

(b) Violate any city, village, town or county ordinance or resolution regulating the ...


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