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03/01/88 David E. Shelton v. the City of Chicago Et Al.

March 1, 1988

DAVID E. SHELTON PRODUCTIONS, INC., D/B/A MEDUSA'S, PLAINTIFF-APPELLANT

v.

THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

520 N.E.2d 1073, 167 Ill. App. 3d 54, 117 Ill. Dec. 722 1988.IL.275

Appeal from the Circuit Court of Cook County; the Hon. Robert L. Sklodowski, Judge, presiding.

APPELLATE Judges:

JUSTICE SCARIANO delivered the opinion of the court. STAMOS and BILANDIC, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCARIANO

This case presents a challenge to an amended Chicago ordinance barring so-called juice bars from operating during certain early morning hours. Plaintiff sued for a permanent injunction and a declaratory judgment that the amended ordinance is unconstitutional. The circuit court denied plaintiff's motion for a temporary restraining order and its subsequent motion to reconsider such denial. After a hearing, the court issued an order granting the defendants' motion to dismiss the plaintiff's complaint with prejudice. (Ill. Rev. Stat. 1985, ch. 110, par. 2-615.) Plaintiff appeals from that order.

Plaintiff operates a juice bar known as Medusa's, which sells non-alcoholic beverages and affords its patrons the opportunity to socialize, dance and watch videotapes. The business obtained a "Class 2 Public Place of Amusement" license in 1983 and began operations at its present location in the middle of that year. The Class 2 license was renewed in the years 1984 through 1987.

Chapter 104.1 -- 7 of the Chicago Municipal Code defines a Class 2 PPA as follows:

"Amusement park, hall, billiard and pool room, bowling alley, arcade (or other public resort) exclusive of such parts thereof as fall within Class 1 places of amusement, designed, used or intended to be used only for participation or entertainment by the public assembly." Chicago Municipal Code, § 104.1 -- 7 (1986).

Plaintiff held three events weekly at its establishment. On Friday and Saturday nights, there was a dance for adults which began at 11 p.m. and lasted until 6 a.m. the next morning. The other event was a teen dance on Saturday evenings from 6:30 p.m. to 10:30 p.m.

After the licensing committee of the Chicago city council held public hearings in response to neighborhood complaints about juice bars, the city council passed an ordinance regulating the hours of operation of juice bars. In the preamble to that ordinance the council stated that "[the] presence of large numbers of patrons, both within such establishments and on the public ways outside of such establishments during the early hours of the morning have created a great disturbance to the citizens of Chicago," and "[the] presence of patrons, many of whom may be under the age of curfew, in such establishments impedes the effectiveness of the curfew regulations of the City and exposes young people to the danger of crime and exploitation." Chicago Municipal Code, § 104.1 (1987).

On January 16, 1987, the Chicago city council amended section 104.1 -- 7 of the Municipal Code by creating a Class 4 PPA license as follows:

"Any dance hall, non-alcohol bar, 'dry cabaret,' 'juice bar,' 'teen-age cabaret' or other public resort not listed above which is designed, used or intended to be used primarily for participation by the public assembly in the entertainment or amusement, including but not limited to music, music videos and dancing. This class should not include any establishment which is licensed to serve alcoholic beverages." (Chicago Municipal Code, § 104.1 -- 7 (1987).)

Simultaneously, the council also added subsection 104.1 -- 18.1, which provides that Class 4 PPA's may not operate between 2 a.m. and 7 a.m. (Chicago Municipal Code, ยง 104.1 -- 18.1 (1987).) The subsection further provides that such an enterprise may remain open until 5 a.m. on Sundays and 4 a.m. on other days upon payment of an additional fee of $734 and, if the business is in a residential area, the written consent of the majority of registered voters who live within 400 feet of the ...


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