Court Upholds Denial of Liquor License Based on Law Enforcement Problems
Last
month, an Illinois appellate court upheld Chicago’s Local Liquor Commission’s
denial of the issuance of a liquor license on the basis that it would “tend to
create a law enforcement problem” for the City. Move N Pick Convenience, Inc., v. Rahm Emanuel.
In
early 2012, Move N Pick applied for a packaged goods liquor license. Despite the background investigation
revealing no criminal history, the Liquor Commission denied the license stating
that a liquor license at the proposed location would “tend to create a law
enforcement problem.” The Commission
cited a letter from the police district commander stating that calls for
service and criminal activity would increase at that location if a liquor
license were granted, and that the alderman and residents of the areas
supported a denial of the license. On
appeal to the circuit court on administrative review, the court reversed the
decision of the Commission, rejecting the City’s justification for the denial.
The appellate court disagreed with the trial court, finding that denial of a liquor license on the basis that it would “tend to create a law enforcement problem” was sufficient regardless of the applicant never having violated liquor laws or other laws. The appellate court determined that the City could base its decision on other factors that could create a law enforcement problem such as gang problems and a high number of calls for police service. The court acknowledged that calls leading to arrests would tie up officers who would otherwise be addressing the gang and crime problems in the area. As a result, the appellate court upheld the commission’s denial of the license.
The appellate court disagreed with the trial court, finding that denial of a liquor license on the basis that it would “tend to create a law enforcement problem” was sufficient regardless of the applicant never having violated liquor laws or other laws. The appellate court determined that the City could base its decision on other factors that could create a law enforcement problem such as gang problems and a high number of calls for police service. The court acknowledged that calls leading to arrests would tie up officers who would otherwise be addressing the gang and crime problems in the area. As a result, the appellate court upheld the commission’s denial of the license.
Post Authored by Tiffany Jaworski, Ancel Glink
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