Daley v. Kilbourn Club, Inc.
| Decision Date | 28 October 1965 |
| Docket Number | Gen. No. 50111 |
| Citation | 64 Ill.App.2d 235,211 N.E.2d 778 |
| Parties | Richard J. DALEY, Mayor, Local Liquor Control Commissioner of the City of Chicago, Plaintiff-Appellant, v. KILBOURN CLUB, INC., Licensee, Thomas K. Gregory, President, License Appeal Commission, A. L. Cronin, Chairman, William B. Chamberlain and Howard S. Cartwright, Members, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Raymond F. Simon, Corporation Counsel of City of Chicago, Sydney R. Drebin, Dominick P. Dolci, Asst. Corp. Counsel, of counsel, Chicago, for appellant.
William A. Murphy, Chicago, for appellees.
The Mayor of Chicago, as Local Liquor Control Commissioner pursuant to statute (Ill.Rev.Stat., ch. 43, § 149, (1963)) revoked the license of the defendant-licensee to operate a dramshop. An appeal was taken to the License Appeal Commission. The Commission reversed and set aside the order of the Local Liquor Control Commissioner, who then brought an action pursuant to the Administrative Review Act to review the order of the Commission. The Circuit Court heard the matter and affirmed the License Appeal Commission. The Commissioner then took this appeal.
The License Appeal Commission is limited in its review to the record of testimony presented to the Local Liquor Control Commissioner and to a determination of whether there is any substantial evidece to support the Commissioner's findings. Charges were made that an altercation occurred in the saloon; that the bartender failed to protect one of the patrons who had been assaulted by another and failed to call the police, and that the bartender discharged a gun on the licensed premises in violation of an ordinance of the City of Chicago (Chicago, Ill., Municipal Code § 193-29 (1963)). This last charge is strongly substantiated by the evidence. One L. J. Boyd, a participant in the saloon brawl, testified that the bartender fired a gun in his direction. Another witness testified that a gun was fired by the bartender and that there was a hold in the ceiling which might have been made by a bullet. The evidence revealed that an expended cartridge had been found, although no bullet was discovered. A firearm was found in the storeroom showing one cartridge missing.
This constitutes substantial evidence sufficient to sustain the order of the Commissioner and is cause for revocation within the meaning of the statute. Ill.Rev.Stat., ch. 43, § 149 (1963) provides:
'The local liquor control commissioner may revoke * * * any license issued by him if he determines that the licensee has violated any of the provisions * * * of any valid ordinance * * * enacted by the particular city council * * *.'
The city ordinance, supra, provides that 'no person shall fire or discharge any gun, pistol, or other firearm within the City * * *.'
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Daley v. Jack's Tivoli Liquor Lounge, Inc.
...supported by substantial evidence, and is neither arbitrary nor contrary to the manifest weight of the evidence. Daley v. Kilbourn Club, Inc., 64 Ill.App.2d 235, 211 N.E.2d 778; Daley v. Johnson, 89 Ill.App.2d 100, 233 N.E.2d 95. See also Nechi v. Daley, 40 Ill.App.2d 326, 335--336, 188 N.E......
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Daley v. El Flanboyan Corp.
...issue was improper because the Defendant never raised this issue during its hearing before the LLCC. Daley v. Kilbourn Club, Inc., 64 Ill.App.2d 235, 236, 211 N.E.2d 778, 779 (1965) (the LAC is limited in its review of an LLCC order to the record of testimony presented to the LLCC); Daley v......
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Dugan's Bistro, Inc. v. Daley, 76-320
...supported by substantial evidence, and is neither arbitrary nor contrary to the manifest weight of the evidence. Daley v. Kilbourn Club, Inc., 64 Ill.App.2d 235, 211 N.E.2d 778; Daley v. Johnson, 89 Ill.App.2d 100, 233 N.E.2d 95. * * "In our opinion, the testimony of the police officer was ......
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Lopez v. State Liquor Control Com'n, 82-926
...593, 49 Ill.Dec. 55, 417 N.E.2d 745; Daley v. Richardson (1968), 103 Ill.App.2d 383, 243 N.E.2d 685; Daley v. Kilbourn Club, Inc. (1965), 64 Ill.App.2d 235, 211 N.E.2d 778.) This is especially so when the offender fails to notify the police about the altercation. (See Collins v. Daley (1970......