{
  "id": 2554642,
  "name": "Richard J. Daley, Mayor and Local Liquor Control Commissioner, Plaintiff-Appellant, v. Milton Rifkin, Licensee, License Appeal Commission of the City of Chicago, A. L. Cronin, Chairman, Defendants-Appellees",
  "name_abbreviation": "Daley v. Rifkin",
  "decision_date": "1967-06-26",
  "docket_number": "Gen. No. 51,263",
  "first_page": "467",
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    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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    {
      "cite": "81 Ill App2d 478",
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  "last_updated": "2023-07-14T19:36:35.235024+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Richard J. Daley, Mayor and Local Liquor Control Commissioner, Plaintiff-Appellant, v. Milton Rifkin, Licensee, License Appeal Commission of the City of Chicago, A. L. Cronin, Chairman, Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "MR. JUSTICE ADESKO\ndelivered the opinion of the court.\nOn October 4, 1965, the Mayor of the City of Chicago, as Local Liquor Control Commissioner, revoked the retail liquor license issued to Milton Rifkin for the premises commonly known as 1122 W. Granville Avenue, Chicago, Illinois, known as Red Kelley\u2019s Lounge. This order of revocation was reversed by the License Appeal Commission on October 29, 1965. The Mayor\u2019s application for rehearing was denied on November 8, 1965. The Mayor then filed an Administrative Review Action, to review the order of the License Appeal Commission. The Circuit Court of Cook County sustained the decision and order of the License Appeal Commission. Plaintiff appeals from this judgment.\nSection 5, article VII, of the Liquor Control Act (Ill Rev Stats 1965, c 43, \u00a7 149) provides in part as follows:\n\u201cThe local liquor control commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of this act or of any valid ordinance or resolution enacted by the particular city council.\nThe evidence presented before the Local Liquor Control Commissioner established that the defendant\u2019s bartender, Meyer Berger, used the licensed premises to steer a patron on said premises, one Kurt Mecklenburg, to a female on said premises, one Tracy Ricco, for purposes of prostitution in violation of the ordinances of the City of Chicago and Statutes of the State of Illinois.\nSection 192-2 of the Municipal Code of Chicago provides :\n\u201cNo person knowingly shall direct, take, transport, or offer to direct take or transport, any person for immoral purposes to any other person or assist any person by any means to seek or to find any prostitute or other person engaged in immoral practices, or any brothel, bawdy house, or any other place of ill-fame.\u201d\nChapter 38, section 11-15 of the Criminal Code (111 Rev Stats 1965), provides in part as follows:\n\u201c(a) Any person who performs any of the following acts commits soliciting for a prostitute:\n\u201c(1) Solicits another for the purpose of prostitution ; or\n\u201c(2) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or\n\u201c(3) Directs another person to a place knowing such direction is for the purpose of prostitution.\u201d\nThe evidence before the Local Liquor Control Commissioner consisted of testimony of a police officer, Edward A. Adorjian. He and his partner, officer Thomas O\u2019Malley, arrived at the premises at 2:15 a. m. Adorjian testified that there were about 15 people present; that a bartender, one Meyer Berger, was on duty; that a customer, Kurt Mecklenburg was seated near the officers; a man and a woman named Tracy Ricco entered and sat at the far end of the bar; that the bartender said to Mecklenburg: \u201cYou can have that girl for $20.\u201d The witness further testified that Tracy Ricco talked with Mecklenburg and that the bartender said to Mecklenburg: \u201cI will fix it up for you tomorrow\u201d; that Mecklenburg replied: \u201cCan\u2019t you do it tonight? I have got an apartment nearby.\u201d The bartender talked to Tracy Ricco who then left the premises with Mecklenburg. The officers followed and arrested Mecklenburg and Tracy Ricco. Officer Adorjian returned to the tavern and placed Meyer Berger under arrest.\nKurt Mecklenburg testified that he did meet Tracy Ricco for the first time at the tavern and that they left together, but denied that they went out of the tavern for the purpose of an act of prostitution or an act of intercourse. There was a variance between his testimony before the local liquor commissioner and the statement he made to the police.\nMeyer Berger denied at first that he introduced Mecklenburg to Tracy Ricco, but later admitted that he did. The other witnesses for the defendant testified that they did not hear any of the conversation testified to by officer Adorjian.\nOn October 22, 1965, the License Appeal Commission reviewed the transcript of evidence and heard counsel for the defendant and plaintiff and reversed the order of revocation.\nSection 8, article VII of the Liquor Control Act, (Ill Rev Stats 1965, c 43, \u00a7 153), provides in pertinent part as follows:\n\u201cThe review by the license appeal commission shall be limited to the questions:\n\u201c(a) Whether the local liquor control commissioner has proceeded in the manner provided by law;\n\u201c(b) whether the order is supported by the findings;\n\u201c(c) whether the findings are supported by substantial evidence in the light of the whole record.\n\u201cNo new or additional evidence in support of or in opposition to such order or action under appeal shall be received other than that contained in such record of the proceedings.\u201d\nThe evidence before the Local Liquor Commissioner was sufficient to sustain the order of the Commissioner. In Daley v. Perez, 81 Ill App2d 478, 226 NE2d 676, this court said:\n\u201cThe Deputy Commissioner, having seen and heard the witnesses, was in the best position to evaluate whether the testimony, . . . was probable or believable.\u201d\nSee also Daley v. Kilbourn Club, Inc., 64 Ill App2d 235, 211 NE2d 778 and Daley v. License Appeal Commission, 11 Ill App2d 421, 138 NE2d 73.\nWe find that the order of the local commissioner followed the statutes and was supported by substantial evidence.\nThe trial court was limited by the Administrative Review Act which provides that the findings and conclusions of the administrative agency on questions of fact shall be held to be prima facie true and correct. The judgment of the Circuit Court is reversed, and the cause remanded with directions to reinstate the revocation order.\nReversed and remanded with directions.\nMURPHY, P. J. and BURMAN, J., concur.",
        "type": "majority",
        "author": "MR. JUSTICE ADESKO"
      }
    ],
    "attorneys": [
      "Raymond F. Simon, Corporation Counsel, of Chicago (Sydney R. Drebin and Thomas F. Strubbe, Assistant Corporation Counsel, of counsel), for appellant.",
      "No appearance made for appellee."
    ],
    "corrections": "",
    "head_matter": "Richard J. Daley, Mayor and Local Liquor Control Commissioner, Plaintiff-Appellant, v. Milton Rifkin, Licensee, License Appeal Commission of the City of Chicago, A. L. Cronin, Chairman, Defendants-Appellees.\nGen. No. 51,263.\nFirst District, First Division.\nJune 26, 1967.\nRaymond F. Simon, Corporation Counsel, of Chicago (Sydney R. Drebin and Thomas F. Strubbe, Assistant Corporation Counsel, of counsel), for appellant.\nNo appearance made for appellee."
  },
  "file_name": "0467-01",
  "first_page_order": 473,
  "last_page_order": 477
}