Rollin Foods, Inc. v. Village of Glendale Heights

646 N.E.2d 12, 269 Ill. App. 3d 351, 206 Ill. Dec. 880, 1995 Ill. App. LEXIS 49
CourtAppellate Court of Illinois
DecidedFebruary 1, 1995
DocketNo. 2—93—1251
StatusPublished

This text of 646 N.E.2d 12 (Rollin Foods, Inc. v. Village of Glendale Heights) 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
Rollin Foods, Inc. v. Village of Glendale Heights, 646 N.E.2d 12, 269 Ill. App. 3d 351, 206 Ill. Dec. 880, 1995 Ill. App. LEXIS 49 (Ill. Ct. App. 1995).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

This case arose after police officers arrested three employees of a restaurant and bar for allegedly violating the "Happy hours prohibited” statute, section 6 — 28 of the Liquor Control Act of 1934 (Act) (235 ILCS 5/1 — 1 et seq. (West 1992)). Following the arrests, plaintiff, Rollin Foods, Inc., filed an action for declaratory judgment and injunction in the circuit court of Du Page County. At issue is whether section 6 — 28 of the Act prohibited plaintiff from conducting a ladies’ buffet night in its restaurant and bar.

Defendant, the Village of Glendale Heights (Village), and intervenor, the Illinois Liquor Control Commission (Commission) (collectively, defendants), appeal from an order of the circuit court in favor of plaintiff. The order determined that the relevant subsections of section 6 — 28 were constitutional and that section 6 — 28 did not prohibit the ladies’ buffet night. On appeal, the sole issue is whether the trial court was correct in its judgment that section 6 — 28 did not prohibit the ladies’ buffet night.

Cody Coyotes is a restaurant and bar in the Village. Plaintiff is the general partner in a limited partnership which owns and operates Cody Coyotes.

On the evening of August 13, 1992, Cody Coyotes offered a "Ladies’ Buffet Night” for the first time. During the ladies’ buffet night, women, as they entered Cody Coyotes, could pay $3 to purchase a buffet dinner with unlimited alcoholic drinks included. Women who purchased the buffet received a plastic cup as they entered. The women could use the plastic cup for unlimited free drinks for the night. Men who entered Cody Coyotes that night were required to pay a $3 cover charge, but they could not partake of the buffet, and they were required to pay the regular price for drinks. Women could enter Cody Coyotes without paying the cover charge, but they could not partake of the buffet and did not receive a plastic cup entitling them to free drinks.

The buffet was set up on a counter approximately 15 feet long near the kitchen in Cody Coyotes. The buffet consisted of bratwurst, hot dogs, egg rolls, Swedish meatballs, pizza, chicken nuggets, and various salads. A Cody Coyotes employee oversaw the buffet.

During the ladies’ buffet night, four Village police officers in plain clothes entered Cody Coyotes. The officers each paid $3 to enter. Upon entering, Cody Coyotes’ employees gave each of the two female officers an empty plastic cup which they used to obtain an unlimited number of drinks of alcoholic liquor without additional payments. Cody Coyotes’ employees informed the two male officers that the plastic cups were for women only. In order to get a drink of alcoholic liquor, the male officers were required to pay for each individual drink they ordered at the regular price. The police officers subsequently arrested three Cody Coyotes employees and charged them with violating section 6 — 28.

On August 25, 1992, plaintiff filed a two-count complaint against the Du Page County State’s Attorney and the Village. The circuit court later dismissed the State’s Attorney with prejudice. The Commission subsequently intervened.

Count I of plaintiff’s complaint sought declaratory relief. Count II sought injunctive relief. Plaintiff contended that subsection (c) of section 6 — 28 was unconstitutionally vague and sought a declaration that the statute was unconstitutional. Alternatively, plaintiff contended that even if the statute was not unconstitutional, it did not prohibit the ladies’ buffet night.

On June 30, 1993, the trial court issued an oral ruling. The court stated that it had concluded that section 6 — 28 was constitutional on its face and that plaintiff’s conduct in offering the ladies’ buffet night did not violate the statute. The trial judge directed the parties to draft an order in accordance with his ruling. However, the trial judge did not sign a written order at that time.

On September 28, 1993, after the parties had filed cross-motions for summary judgment, the trial judge signed and entered a written order. The order stated that the relevant subsections of section 6 — 28 were constitutional, that plaintiff’s conduct did not violate section 6 — 28, and that plaintiff’s conduct conformed to section 6 — 28. This appeal followed.

Section 6 — 28 of the Act provides, in pertinent part, as follows:

"(b)
No retail licensee or employee or agent of such licensee shall:
***
(2) sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public;
(3) sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price
is a promotion to encourage consumption of alcoholic liquor, except as authorized in paragraph (7) of subsection (c) [relating to cover charges for special entertainment];
* * *
(c) Nothing in subsection (b) shall be construed to prohibit a licensee from:
***
(2) including drinks of alcoholic liquor as a part of a meal package.” 235 ILCS 5/6 — 28(b)(2), (b)(3), (c)(2) (West 1992).

Defendants contend that section 6 — 28 prohibits activities such as those of Cody Coyotes in offering its ladies’ buffet night. Defendants assert that section 6 — 28 prohibits such activities because they violate the legislative intent of section 6 — 28 to promote moderation in the use of alcoholic liquors and place limits on the sale or service of alcoholic drinks to individuals. Defendants argue that this legislative intent is apparent from: (1) the plain language of section 6 — 28; (2) other provisions of the Act which provide for liberal construction of the Act; and (3) the legislative history of section 6 — 28.

Plaintiff responds that section 6 — 28, by its plain language, does not prohibit activities such as the ladies’ buffet night. Plaintiff asserts that by resorting to other provisions in the Act and the legislative history of section 6 — 28 in order to discern legislative intent purportedly prohibiting such activities defendants are really improperly attempting to enlarge the plain language of section 6 — 28. Plaintiff further argues that because section 6 — 28 creates new liability for liquor licensees in that a violation of the statute is grounds for revocation or suspension of a license, the statute must be strictly construed.

The parties’ arguments require us to construe the pertinent subsections of section 6 — 28. It is well established that, when interpreting a statute, the primary rule, to which all other rules are subordinate, is to ascertain the true intent of the legislature. (See, e.g., In re Illinois Bell Switching Station Litigation (1994), 161 Ill.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Illinois Bell Switching Station Litigation
641 N.E.2d 440 (Illinois Supreme Court, 1994)
Dock Club, Inc. v. Illinois Liquor Control Commission
428 N.E.2d 735 (Appellate Court of Illinois, 1981)
Krimmel v. Eielson
92 N.E.2d 767 (Illinois Supreme Court, 1950)
Eagan v. Chicago Transit Authority
634 N.E.2d 1093 (Illinois Supreme Court, 1994)
People v. Lewis
634 N.E.2d 717 (Illinois Supreme Court, 1994)
Bonaguro v. the County Officers Electoral Board
634 N.E.2d 712 (Illinois Supreme Court, 1994)
Anderson v. Board of Education
61 N.E.2d 562 (Illinois Supreme Court, 1945)
Exchange National Bank v. Lawndale National Bank
243 N.E.2d 193 (Illinois Supreme Court, 1968)
People ex rel. Waller v. 1990 Ford Bronco
634 N.E.2d 747 (Illinois Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
646 N.E.2d 12, 269 Ill. App. 3d 351, 206 Ill. Dec. 880, 1995 Ill. App. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollin-foods-inc-v-village-of-glendale-heights-illappct-1995.