060919524) I interviewed the clerk employed at said liquor store and he
has no financial interest in the liquor store. When the girl in question came
to his store on April 30th he. recognized her as bing the daughter of one of
his customers who frequently bought beer, and hesitated about selling the beer
to the child, but because of the warmth of the weather and the statement
that her father was laying bricks nereby and wanted the beer for his lunch,
and the clerk knowing that the father was.a bricklayer, hersold the beer to
her. The clerk in question is a resident of Des Plaines and of good repute
and has been in the liquor business for over thirty years, and during a
portion of that time owned his own tavern, and he never has been guilty of
violation any of the laws with respect to the sale of liquor. Furthermoee,
I have no knowledge that the licensee has ever been charged with conducting
his place of business contrary to our ordinances or the State Liquor Law«
5) The father of the girl in question does not wish to sign a
complaint against the liquor store, and I, as Commissioner, and a father also,
strongly reprimanded the girl for the deceit practiced by her upon the clerk.
From the facts presented to me I am of the opinion that there was
a technical violation Of the State Liquor Law add the Ordinance of the City
of Des Plaines governing the sale of liquor. However, I do not believe that
the intent of the law was violated by the clerk.
The Supreme Court of Illinois has ruled that a liquor commissioner,
in passing upon whether or not a liquor license should be revoked, is acting
in a judicial capacity, and I am cognizant that there are many instanEes
where the strict letter of the law is broken, but the person who violates the
law, is found not guilty or is not prosecuted, because of extenuating
circumstances, and after due consideration of all the fact and circumstances
with respect to this case, it is my opinion and I am ruling that the license
beeNot revoked.
I know that there are people in this City who will not agree with
this decision — people who claim that white is white and black is black and
that there can be no blending of the ;two to make grey. It is very easy for
persons not sitting in the chair of responsibility to take such a stand, and,
from epperience, I know that'such persona do not hesitate to find reasons
to excuse themselves and others from abiding by the strict letter of the law.
I cannot help but feel that for me to revoke the liquor license in
question, based upon the facts and circumstances, would be a vary harsh and
unjust ruling.
In view of the fact that the State Law grants unto any citizen of
Des Plaines the right to appeal to the State Liquor Commissioner from my
decision in not revoking a liquor license, I am ruling that this decision
shall take effect this 2nd day of June, 1952.
Kenneth G. Meyer
Liquor Commissioner.
On suggestion of Alderman golf the Mayor refered the increase of office space
for Building Commissioners office to the Public Buildings Committee and
Commissioner Bieck.
ADJOURAWIT. The motion was made by Alderman Clement and seconded
by McKay to Adjourn the meeting to Monday, June,9, 1952, at 8z00 P.M.
l.1
6 93
Otto W.
THE MINUTES OF THE ADJOURNED MEETING OF THE
CITY COUNCIL CITY OF DES PLAINES, ILLINOIS,
.HELD IN THE COUNCIL CHAMBERS MONDAY,•JUNE 9,
1952. at 8t00 P.ML
CALL TO ORDER. The meeting was called to order by Mayor Kenneth
G. Meyer who presided and due to no quorum the meeting was adjourned.
Otto
. Henrich, City Clerk