Middleton v. License Appeal Commission of City of Chicago

• Decision Date: 20 June 1974
• Docket Number: No. 59316,59316
• Citation: 314 N.E.2d 596,20 Ill.App.3d 534
• Parties: Douglas MIDDLETON and John Boyd, Plaintiffs-Appellants, v. LICENSE APPEAL COMMISSION OF the CITY OF CHICAGO et al., Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 596

314 N.E.2d 596

20 Ill.App.3d 534

Douglas MIDDLETON and John Boyd, Plaintiffs-Appellants, v. LICENSE APPEAL COMMISSION OF the CITY OF CHICAGO et al.,

Defendants-Appellees.

No. 59316.

Appellate Court of Illinois, First District, Third Division.

June 20, 1974.

Reibman & Hoffman, Ltd., Chicago, for plaintiffs-appellants.

Richard L. Curry, Corp. Counsel, Chicago (Daniel Pascale, Dennis James Stolfo, Asst. Corp. Counsel, Chicago, of counsel) for defendants-appellees.

McNAMARA, Presiding Justice.

Plaintiffs filed an Administrative Review action in the circuit court of Cook County to set aside an order of the local liquor control commissioner of the City of Chicago. The order, which was affirmed by the city's License Appeal Commission, suspended for fifteen days the retail liquor license held by plaintiffs. The trial court sustained the order, and plaintiffs appeal. The charge against plaintiffs was that they permitted an assault to take place upon one of their patrons in their licensed premises, in violation of the Liquor Control Act of Illinois (Ill.Rev.Stat.1971, ch. 43, par. 110) and Rule 3 of the Rules and Regulations adopted by the Commission.

The pertinent facts are undisputed. David Hadley visited plaintiffs' tavern located in the City of Chicago at 10:30 p.m. on November 27, 1971. Hadley testified at the hearing that when he walked up to the bar to purchase a drink, an unidentified patron approached him and began 'fussing' with him for no apparent reason. Hadley further testified that he and the patron then went outside and began fighting 'far away' and 'to the left' of the tavern. During the fight, the patron pulled a knife and stabbed Hadley in the back. Hadley later took a taxi to a hospital, from which he was released two hours later.

Douglas Middleton, a co-licensee and co-plaintiff, testified that he and two bartenders were behind the bar serving drinks on the evening in question. The other owner, John Boyd, was not present when these events occurred. Although the tavern was crowded and Middleton did not wait on Hadley, Middleton recalled catching a glimpse of Hadley at the opposite end of the bar. At some point that evening, the bartender closest to Middleton told him that there was 'some confusion' at the end of the bar. Middleton looked up just in time to see one man run out the door. This was all Middleton knew. He denied knowledge of the occurrences which took place outside.

The Commission made two findings:

1. That on November 27, 1971, during an altercation on the licensed premises, David Hadley was assaulted by unknown persons with a deadly weapon, to-wit: a knife * * *

2. That on November 27, 1971, the co-licensee, Douglas Middleton, failed to protect said victim, failed to render aid to said victim, and failed to notify the Police Department of the above altercation.

Plaintiffs contend that the action of the Commission is against the manifest weight of the evidence, and that the finding that the licensee failed to protect a patron and notify the police of the incident is insufficient grounds for suspension of a liquor license. Because of our view of the proceedings, we deem it necessary to consider only the argument that the findings are against the manifest weight of the evidence.

Judicial review of a decision of an administrative agency must always begin with the realization that a court must consider the agency's findings and conclusions to be Prima facie true and correct. (Ill.Rev.Stat. 1971, ch. 110, par. 274 et seq.) Such a rule, however, does not relieve a court of its duty to examine the evidence in an impartial manner and to set aside an order unsupported in fact. (Wheeler v. County Board of School Trustees (1965), 62 Ill.App.2d 467, 210 N.E.2d...