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03/02/89 Zenith Vending Corporation v. the Village of Schaumburg

March 2, 1989

ZENITH VENDING CORPORATION, PLAINTIFF-APPELLANT

v.

THE VILLAGE OF SCHAUMBURG ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

535 N.E.2d 1033, 180 Ill. App. 3d 354, 129 Ill. Dec. 268 1989.IL.263

Appeal from the Circuit Court of Cook County; the Hon. Roger J. Kiley, Jr., Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JOHNSON and McMORROW, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiff, the Zenith Vending Corporation, applied to the Village of Schaumburg, Illinois (the Village), for a 1985 business license and for a business license for 1986. The village manager denied the application for each year. On administrative review, a committee of the village board of trustees upheld each of the village manager's decisions.

Zenith brought an action in the circuit court of Cook County against defendants: the Village, two village managers, and the village clerk. The trial court upheld the 1985 license denial, but remanded the cause to the trustees for a second hearing on Zenith's 1986 license application. Following a second hearing, the trustees again upheld the village manager's denial of Zenith's 1986 license application.

Zenith returned to the trial court. After reviewing the record of the second administrative hearing, the trial court upheld the trustees' decision. Zenith appeals, contending that the findings and decision of the trustees, in each of the 1985 and 1986 hearings, were against the manifest weight of the evidence.

We affirm the judgments of the trial court.

Background I

A brief review of Schaumburg's licensing procedure is needed to better understand the facts in the case at bar. The operator of a business located in Schaumburg must annually apply to the Village for a license. After submission of the application to the village clerk, the chief of police investigates the applicant's background and reports his findings to the village manager. Schaumburg, Ill., Village Code § 17 -- 18.

The village manager initially determines whether to issue a license. He may deny a license for any one of the following reasons:

"(a) That the applicant lacks good character and reputation in the community, which character and reputation may be determined by previous arrest record, association with persons known to lack good moral character, open and notorious adultery, or other acts of moral turpitude, or other conduct contrary to good morals;

(b) That the applicant has previously been charged and convicted with a violation of other ordinances of the Village or the Statutes of the State of Illinois, except for traffic violations;

(c) That the applicant has outstanding judgments against him, or is otherwise determined to be not financially able to carry out the activities for which a license is sought;

(d) That the applicant and/or his representative in any way falsifies an application for a license to conduct any business within the Village of Schaumburg." ...


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