An Illinois Appellate Court upheld a local liquor commissioner’s revocation of liquor licenses for two establishments in Raven Place v. City of Blue Island.
A licensee was issued liquor licenses for two establishments in a city. In 2021, 23 gunshots were fired towards one of the licensed establishments and the establishment’s security personnel returned fire. The mayor (who also serves as the local liquor commissioner) issued an emergency seven day closure of that establishment. Later that month, the city entered into an agreement with the licensee that established certain conditions and restrictions to the continued operation of both licensed establishments in the city. Under the agreement, the licensee agreed to use ID scanners, impose age restrictions and restricted hours of operation, to pay a $7,500 fine, among other restrictions. A year later while the agreement was in effect, there was another shooting at one of the establishments and the mayor issued a second seven day emergency closure order, and subsequently conducted hearings and issued two orders determining that the businesses were a “nuisance” and that the licensee had failed to comply with the agreement with the city. The mayor revoked both liquor licenses. The licensee appealed the revocation orders to the Illinois Liquor Control Commission, which upheld the city’s decision to revoke both licenses. The licensee then filed an administrative review action with the circuit court challenging both revocation orders, which court ruled against the licensee finding that one of the appeals was untimely and the other appeal was unfounded.
On appeal to the Illinois Appellate Court, the licensee argued that the circuit court should have decided both appeals, that the businesses did not constitute a nuisance, and that the licensee’s due process rights had been violated. The Appellate Court agreed with the circuit court that the licensee’s appeal of the first revocation order was not timely and that it was improper for the licensee to combine both appeals into one administrative review action. Second, the court determined that both revocation orders were proper and upheld the city’s decisions to revoke the liquor licenses for both establishments.
