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Crazy Horse, Inc. v. Byrne

OPINION FILED JUNE 15, 1981.

CRAZY HORSE, INC., PLAINTIFF-APPELLANT,

v.

JAYNE M. BYRNE, MAYOR, ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES C. MURRAY, Judge, presiding.

MR. JUSTICE GOLDBERG DELIVERED THE OPINION OF THE COURT:

After a hearing, the liquor control authorities of the city of Chicago (defendants) revoked the dram shop license of Crazy Horse, Inc., a corporation (plaintiff), which operated a bar known as the Pepper Mill. On administrative review the circuit court affirmed. Plaintiff appeals. The three charges against plaintiff will be considered separately.

I

Charge 6 alleged defendants operated automatic amusement devices on the licensed premises without having a Public Place of Amusement License issued by the city. The pertinent city ordinance requires an "arcade license" for "a place of amusement that includes six (6) or more automatic machines or devices * * *." Municipal Code of Chicago, § 104-1.

The pertinent city ordinance (Municipal Code of Chicago, § 104-5) provides:

"It shall be unlawful for any person to install, keep, maintain or use, or permit the installation, keeping, maintenance or use upon his premises of any automatic amusement machine * * * for which a license has not been issued for the current year."

A police officer testified that on December 1, 1978, he saw eight amusement devices on the licensed premises. The officer spoke to the bartender who told him these machines were in use. The bartender was unable to produce a city amusement license or an arcade license for the operation of these machines. The officer observed patrons playing the machines on the premises. The officer issued a citation for failure to have an arcade license. No evidence to the contrary was offered by plaintiff.

The pertinent statute provides (Ill. Rev. Stat. 1979, ch. 43, par. 149):

"The local liquor control commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of this Act or of any valid ordinance or resolution enacted by the particular city council, president, or board of trustees or county board (as the case may be) or any applicable rule or regulations established by the local liquor control commissioner or the State commission which is not inconsistent with law."

• 1 We conclude that the dram shop license of plaintiff's was properly revoked on the basis of Charge 6. We will consider the remaining charges for purposes of completion.

II

Charge 8 alleged that on February 9, 1979, plaintiff by its agents knowingly failed to render aid and assistance or to call the police with reference to a battery committed upon Michael Dillenbeck, a patron, while on the licensed premises; contrary to article III, rule 3 of the Rules and Regulations of the Illinois Liquor Control Commission.

Dillenbeck, a patron, testified he and a friend of his went to the bar on February 9, 1979, at 12:45 a.m. They stayed about 45 minutes or an hour. They drank beer and danced. The patron was approached by a man named Glenn Mitchell who ordered him to leave the premises. The patron noticed that this man participated in checking identification cards of patrons who entered the licensed premises. On previous visits to the licensed premises, this patron had seen Mitchell wearing a "Pepper Mill" jacket, clearing glasses from tables and escorting patrons to the bar and out of the premises.

Mitchell ordered the patron to leave without stating a reason. The patron refused. Mitchell and a number of other persons seized the patron, punched him in the face and back, threw him to the ground and began to kick him. These other men also wore jackets with the name "Pepper Mill" upon them. The patron was pushed out ...


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