Cha v. City of Chicago

550 N.E.2d 1198, 194 Ill. App. 3d 213, 141 Ill. Dec. 152, 1990 Ill. App. LEXIS 112
CourtAppellate Court of Illinois
DecidedJanuary 29, 1990
DocketNo. 1—88—1147
StatusPublished
Cited by2 cases

This text of 550 N.E.2d 1198 (Cha v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cha v. City of Chicago, 550 N.E.2d 1198, 194 Ill. App. 3d 213, 141 Ill. Dec. 152, 1990 Ill. App. LEXIS 112 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

The mayor’s License Commission of the City of Chicago (the Commission) suspended the hotel/motel license of the licensee, Hyo K. Cha (petitioner), for the premises located at 5440 North Sheridan Road in Chicago, Illinois, known as the Lakeside Motel (Lakeside). The 15-day suspension order as to transient guests was based upon the Commission’s finding that petitioner knowingly permitted Lakeside to be used for purposes of prostitution, violative of the Criminal Code of 1961 (the Code) (Ill. Rev. Stat. 1983, ch. 38, par. 11 — 17(a)).

Petitioner subsequently filed a petition for writ of certiorari in the circuit court of Cook County, alleging that the Commission’s final order was against the manifest weight of the evidence. The circuit court affirmed the Commission’s finding, and thereafter petitioner filed the instant appeal. We affirm.

The following testimony was adduced at the Commission’s hearing, despite petitioner’s numerous hearsay objections throughout the proceedings: Chicago police officer Arthur Smith testified that he was approached by Rachelle Plummer to engage in a sexual act with her for $35. Smith agreed to the $35 fee, and Plummer suggested they proceed to Lakeside, where she had an “arrangement.”

Smith testified that upon their arrival at the motel, he observed petitioner in the office and informed petitioner that he was carrying a large sum of money and that he was “paying a prostitute $35.” He asked petitioner “if this whore was safe to be with.” Petitioner responded that she was okay, and that he had never had any trouble with her before. Petitioner also told him that he would have to come up with an additional $31.50 for the next day’s rent for Plummer. After Smith tendered petitioner $31.50, Plummer objected, stating, “That’s not our deal. Our deal is that I pay you after I turn a trick like I always have.”

Smith further testified that once he and Plummer entered the motel room, Plummer telephoned the front desk, at which time she told Smith that she was calling an individual for some “smoke.” Upon reaching petitioner, she gave petitioner the telephone number to dial because the only means by which a motel guest at Lakeside could obtain an outside telephone line was through the motel’s switchboard. Approximately five minutes later, the telephone rang, and Plummer answered it and turned to Smith and stated, “[I]t’s him at the front desk. He’s saying there is a policeman in front and we cannot leave the room.” After hanging up the telephone and five minutes later, Plum-mer telephoned the front desk and inquired into whether the delivery of marijuana had arrived. She then asked that petitioner dial the drug dealer’s telephone number again. Smith was able to hear the conversation because Plummer, who was standing three feet away from him, turned the receiver towards Smith, but he did not recognize the voice on the other end of the telephone. The voice on the other end of the telephone asked Plummer, “[D]id you make sure that no one was following you?” to which Plummer replied that “I did exactly as you told me.” The voice also asked her whether “the policemen [could] have followed [her].” She informed Smith that “it’s just [petitioner] *** being worried that the police are going to get the both of us.”

The telephone rang again, and Plummer told Smith that “it’s the gentleman from the front office.” Petitioner instructed her not to leave the room because the police officer was parked directly in front of the motel. Smith suggested to Plummer that, since the marijuana had not yet arrived, perhaps he and Plummer should go directly to the drug dealer. As Smith and Plummer exited the motel room, petitioner was motioning to Plummer to go back into the room. Smith then identified himself as a police officer and arrested Plummer and petitioner.

Plummer testified that she is a prostitute and has an “arrangement” with petitioner which permits her and some 20 other prostitutes to work at Lakeside. If a prostitute does not have money to pay for a motel room, petitioner gives her a room at the motel. When the prostitutes bring their “dates” to the motel, the date must pay the petitioner the motel room rental fee. Plummer never personally gave petitioner money for a room because he charges the “guys” the rental fee up front before he rents them a room. This business relationship with petitioner began in January 1987, and since that time Plummer has brought 25 or 30 dates to the motel.

Plummer testified to the events that occurred in the motel room on April 16, 1987, consistent with Smith’s testimony set forth above. On cross-examination, she testified that she approached Smith at Winona Avenue, approximately three blocks from Lakeside, and offered to have sex with him for $35, and Smith gave her $100. Smith did not arrest her at that time. She identified and acknowledged her signature on a registration “sign-in” card for Lakeside, which states “I HEREBY CERTIFY THAT I HAVE NOT RENTED THIS ROOM FOR ANY ILLEGAL PURPOSE: GAMBLING, PROSTITUTION OR SOLICITATION OF OTHERS.”

Petitioner testified that he was unaware that Plummer was a prostitute when he rented her the motel room. He further testified that he rented the room to Plummer for the period from April 13, 1987, to April 16, 1987, but later testified that Plummer had remained in her room for three weeks and that he thought she was very sick.

Petitioner testified as follows to the April 16, 1987, events: Plum-mer arrived on April 16, 1987, with Smith and attempted to proceed to her motel room without paying. Smith paid for the motel room, and Plummer and Smith left together. He did not observe them proceed to the room, but he telephoned Plummer’s motel room and informed her that since the registration card was solely in her name, two people could not occupy the motel room. He telephoned Plummer twice more to notify her of this policy prior to her arrest.

In considering petitioner’s contentions on appeal, we are mindful of the well-established principles of administrative review that the agency’s findings and conclusions are prima facie true and correct (Ill. Rev. Stat. 1987, ch. 110, par. 3—110; see also Russell v. License Appeal Comm’n (1971), 133 Ill. App. 2d 594, 598, 273 N.E.2d 650, 653) and that a reviewing court is limited to ascertaining whether the findings and decisions of the agency are against the manifest weight of the evidence (Cox v. Daley (1981), 93 Ill. App. 3d 593, 417 N.E.2d 745; Kessell v. Illinois Liquor Comm’n (1978), 56 Ill. App. 3d 485, 371 N.E.2d 1210; Daley v. Jack’s Tivoli Liquor Lounge, Inc. (1969), 118 Ill. App. 2d 264, 254 N.E.2d 814 (and cases cited therein); see also Dotson v. Bowling (1981), 102 Ill. App. 3d 340, 430 N.E.2d 44; Giampa v. Illinois Civil Service Comm’n (1980), 89 Ill. App. 3d 606, 411 N.E.2d 1110).

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Bluebook (online)
550 N.E.2d 1198, 194 Ill. App. 3d 213, 141 Ill. Dec. 152, 1990 Ill. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cha-v-city-of-chicago-illappct-1990.