Daley v. Lakeview Billiard Café, Inc.

869 N.E.2d 171, 373 Ill. App. 3d 377
CourtAppellate Court of Illinois
DecidedApril 23, 2007
Docket1-05-1901
StatusPublished
Cited by7 cases

This text of 869 N.E.2d 171 (Daley v. Lakeview Billiard Café, Inc.) 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
Daley v. Lakeview Billiard Café, Inc., 869 N.E.2d 171, 373 Ill. App. 3d 377 (Ill. Ct. App. 2007).

Opinion

JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

Plaintiffs, Richard M. Daley, as mayor of the City of Chicago and Local Liquor Control Commissioner, and Scott Bruner, Director of the Local Liquor Control Commission of the City of Chicago (LLCC), filed a complaint in the circuit court of Cook County, seeking administrative review of a decision of the License Appeal Commission of the City of Chicago (Commission) reversing plaintiffs’ denial of a request for a liquor license by defendant, Lakeview Billiard Café, Inc. (Lakeview). The circuit court upheld the ruling of the Commission and plaintiffs appealed. Although Lakeview has not filed a brief in response, we may proceed under the principles set forth in First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976). (In any case in which the appellee has failed to file a brief as required by rule, this court may if justice requires search the record and decide the case on the merits.)

Maps and diagrams submitted by the parties throughout the proceedings reveal that Lakeview Billiard Café is located at 3449 North Lincoln Avenue in Chicago, on the east side of the street. Its front entrance faces Lincoln, a diagonal street running northwest and southeast. The billiard hall is bounded by Cornelia Avenue on the north and a residential building and carport on the east. Immediately east of the residence and carport is an alley, and across the alley is the Cornelia Avenue Baptist Church (church).

On September 27, 2002, LLCC issued a letter to Lakeview denying its request for a liquor license, finding that allowing such a license would have a deleterious impact on the surrounding community and violate public policy regarding minors and alcohol. On March 7, 2003, LLCC issued an amended letter setting forth the additional finding that issuance of a liquor license would be improper under section 6 — 11(a) of the Liquor Control Act of 1934 (Act) (235 ILCS 5/6 — 11(a) (West 2002)), because the Lakeview Billiard Café is within 100 feet of a church.

Lakeview appealed to the Commission and an evidentiary hearing was conducted on June 10, 2003. At this hearing, Chicago police officer Jamie Benvenuti testified that she conducted a license investigation in August 2002, in response to Lakeview’s application. Officer Benvenuti initially recommended approval for the liquor license; however, in February 2003, she returned to the site and measured from the east side of the billiard hall to the nearest part of the church using a Ready Rule measuring device. She found the distance between these two points to be 42 feet and recommended that the license application be denied.

The hearing was continued to September 23, 2003. On that date, LLCC called Mike Volino, an investigator for the law department of the City of Chicago. He testified that he used a Rollatape to measure the distance between the north wall of the billiard hall to the south end of the church wall, which is the worship area. The distance between these two points was 55 feet. Reverend Arlee Powell, the pastor of the church, testified that a portion of the church is used for worship and that another portion is a kitchen.

Patricia Craig, an architect residing at 1751 West Cornelia Avenue, testified that she is opposed to the issuance of a liquor license to Lake-view based on the billiard hall’s negative impact on the community. She further testified that she measured the distance between the edge of Lakeview’s property abutting Cornelia, east to the center of the church wall facing Cornelia and found it to be 79 feet and 9 inches. Craig clarified that she did not measure to the closest point of the church but, rather, continued measuring to the center of the windows facing Cornelia.

Stewart Ramirez, the owner of Lakeview Billiard Café, Inc., testified that a portion of the building he leases for the billiard hall is empty warehouse space and an electrical room where he does not conduct business. Ramirez measured the distance between the portion of the building used for his business, which faces the alley, and the wall of the church surrounding the area where worship occurs. He was able to discern which area of the church was used for worship, rather than as a kitchen, by looking in the windows. This distance was more than 100 feet, although Ramirez did not testify to the specific distance.

Several other witnesses testified to the impact on the community if Lakeview were granted a liquor license. LLCC has not raised the issue of deleterious impact in this appeal; thus, we will not set forth the substance of this testimony because it is not relevant to our review.

After hearing the evidence, the Commission issued a written order reversing LLCC’s denial of the liquor license, based on the credibility of the witnesses and a finding that LLCC had not met its burden of proof. LLCC then filed a complaint in the circuit court seeking administrative review of that decision. In its complaint, LLCC alleged that the Commission erred in reversing its decision because the applicant premises was within 100 feet of a church. The City specifically contended that reliance on Ramirez’s measurement was incorrect because section 6 — 11(a) of the Act requires measurement from the property line of Lakeview’s establishment to the nearest part of the church used for worship services.

The record was lost by the clerk of the circuit court, but the parties were able to reconstruct most of it. The circuit court then remanded the cause to the Commission to “conduct a further evidentiary hearing on the measurement issue only in order to establish the location of the applicant premises and the beginning and ending points of measurement.”

On remand, the parties presented no additional live testimony; however, counsel for LLCC informed the court that Mike Volino had conducted new measurements of the distance between the billiard hall and the church, with counsel for both parties present. Counsel submitted a diagram showing the results of these measurements. One of the measurements recorded on this diagram was taken from the northeast corner of the unused portion of the billiard building, along Cornelia, to the northwest corner of the church, a distance of 57 feet. Counsel for Lakeview stipulated to the foundation of these measurements and stated that he “had no problem with the City entering that document into the record as the City’s measurement.”

Counsel for Lakeview submitted the affidavit of Ramirez in which he averred that he sought a liquor license limited to the portion of the building containing commercially usable space accessible to the public. Ramirez recreated and submitted the diagram that had been used in the earlier proceedings, which showed that he had measured the distance from the exterior of the portion of the billiard hall used for the business (the wall adjacent to the alley) to the middle of the wall encompassing the area used for worship services. Ramirez averred that this distance was 103 feet. He also averred that he took an additional measurement inside the church, from the wall abutting the alley to the podium, and found the distance to be 13 feet and 7 inches.

At the conclusion of these proceedings, the Commission again reversed the denial of Lakeview’s license application.

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Cite This Page — Counsel Stack

Bluebook (online)
869 N.E.2d 171, 373 Ill. App. 3d 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daley-v-lakeview-billiard-cafe-inc-illappct-2007.