{
  "id": 2544349,
  "name": "Donald Maggio, d/b/a Mr. Don, Plaintiff-Appellant, v. The State of Illinois Liquor Control Commission, an Administrative Agency, and Howard Cartwright, et al., Defendants-Appellees",
  "name_abbreviation": "Maggio v. State of Illinois Liquor Control Commission",
  "decision_date": "1967-12-06",
  "docket_number": "Gen. No. 52,096",
  "first_page": "401",
  "last_page": "404",
  "citations": [
    {
      "type": "official",
      "cite": "89 Ill. App. 2d 401"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "360 F2d 280",
      "category": "reporters:federal",
      "reporter": "F.2d",
      "case_ids": [
        825790
      ],
      "year": 1966,
      "opinion_index": 0,
      "case_paths": [
        "/f2d/360/0280-01"
      ]
    },
    {
      "cite": "357 F2d 257",
      "category": "reporters:federal",
      "reporter": "F.2d",
      "case_ids": [
        835922
      ],
      "year": 1966,
      "opinion_index": 0,
      "case_paths": [
        "/f2d/357/0257-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 273,
    "char_count": 4313,
    "ocr_confidence": 0.611,
    "pagerank": {
      "raw": 8.138363859351185e-08,
      "percentile": 0.47109117172468357
    },
    "sha256": "0589c34afa1a4c05dbb4cd89936f4131013ae910fc38989034a8a67cad35062a",
    "simhash": "1:d7b39b17796cf82f",
    "word_count": 716
  },
  "last_updated": "2023-07-14T20:45:09.383712+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Donald Maggio, d/b/a Mr. Don, Plaintiff-Appellant, v. The State of Illinois Liquor Control Commission, an Administrative Agency, and Howard Cartwright, et al., Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "MR. JUSTICE BRYANT\ndelivered the opinion of the court.\nThis is an appeal from an order of the Circuit Court affirming an order of the Illinois Liquor Control Commission which revoked the Retail Liquor License of Donald Maggio.\nDonald Maggio, (\u201cappellant\u201d herein) was in 1966 the liquor licensee of a tavern and restaurant located in Forest Park, Illinois. On April 13, 1966, appellant pleaded guilty in Federal Court to the charge of failing to purchase a gambling stamp in violation of Title 26, Section 7203 of the United States Code. This offense was committed upon premises located in Skokie, Illinois, and the appellant was then arrested. On September 6, 1966, a hearing was had before the Illinois Liquor Control Commission and subsequently on September 19 appellant\u2019s liquor license was revoked on the grounds that appellant had violated revised Rule 3 of the Commission\u2019s Rules and Regulations. A petition for review was filed and denied. An administrative review was taken to the Circuit Court and an order was entered on January 20, 1967, affirming the order of the Commission. This appeal is from the order entered by the Circuit Court.\nRule 3 of the Rules and Regulations of the Illinois Liquor Control Commission provides in part:\n\u201cTo the end that the health, safety and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic liquor shall be fostered and promoted by sound and careful control and regulation of the manufacture, sale and distribution of alcoholic liquor, the following rule has been adopted by the Commission.\n\u201c1. No person holding a license issued by this Commission shall in the conduct of the licensed business or upon the licensed premises:\n\u201c(a) Violate any law of the State of Illinois; or\n\u201c\nAppellant first contends that it has not been shown that he has violated any Illinois laws as required by Rule 3. Appellant admits, however, that he was convicted on a plea of guilty of the federal offense of failure to buy a gambling stamp in violation of Section 7203 of Title 26. An element of this offense is either wagering or gambling, Stone v. United States, 357 F2d 257 (5th Cir, 1966); United States v. Conforti, 360 F2d 280 (3rd Cir, 1966). Section 28-1 of the Illinois Criminal Code (Ill Rev Stats 1965, c 38, \u00a7 28-1) provides that wagering or gambling is a crime. Thus, appellant\u2019s plea of guilty to the charge of violation of the federal statute is an admission of violation of the Criminal Code of Illinois. Rule 3(5) of the Commission\u2019s Rules and Regulations provides :\n\u201c5. Proof before this Commission of facts which establish a violation of any state statute, city, village, town or county ordinance or resolution or rule of this Commission, shall be sufficient cause for revocation or suspension of any license issued by the Commission, irrespective of whether or not a conviction has been obtained in any court.\u201d\nThus it is clear that proof of appellant\u2019s violation of a state statute has been sufficiently provided.\nAppellant\u2019s second contention is that he did not commit any offense in the conduct of the business or upon the licensed premises. It is not disputed that the violation charged by the Commission was not perpetrated on the licensed premises. However, appellant has not properly construed the phrase \u201cin the conduct of the business.\u201d It has consistently been held that the privilege of a license is a personal one (25 ILP, Licenses, \u00a7 54; 1916 Opinions of Attorney General 511). The license being personal, it follows that the person to whom it is granted is, for the purposes of the Rule, \u201cthe business\u201d and the personal integrity and morality of such licensee cannot be detached or separated from the business. See 48 CJS, Intoxicating Liquors, \u00a7 175.\nThe order appealed from is affirmed.\nOrder affirmed.\nLYONS, P. J. and BURKE, J., concur.",
        "type": "majority",
        "author": "MR. JUSTICE BRYANT"
      }
    ],
    "attorneys": [
      "M. J. Berkos, of Chicago, for appellant.",
      "William G. Clark, Attorney General of State of Illinois, of Chicago (John J. O\u2019Toole and A. Zola Groves, Assistant Attorneys General, of counsel), for appellees."
    ],
    "corrections": "",
    "head_matter": "Donald Maggio, d/b/a Mr. Don, Plaintiff-Appellant, v. The State of Illinois Liquor Control Commission, an Administrative Agency, and Howard Cartwright, et al., Defendants-Appellees.\nGen. No. 52,096.\nFirst District, Second Division.\nDecember 6, 1967.\nM. J. Berkos, of Chicago, for appellant.\nWilliam G. Clark, Attorney General of State of Illinois, of Chicago (John J. O\u2019Toole and A. Zola Groves, Assistant Attorneys General, of counsel), for appellees."
  },
  "file_name": "0401-01",
  "first_page_order": 407,
  "last_page_order": 410
}