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BENCHWARMERS, INC. v. DALEY

No. 1-96-0445.

690 N.E.2d 622 (1997)

294 Ill. App.3d 385

228 Ill.Dec. 863

BENCHWARMERS, INC., d/b/a Hi-Tops Cafe, an Illinois Corporation, and Edward M. Warm, President, Plaintiffs/Counterdefendants-Appellees/Cross-Appellants, v. Richard M. DALEY, Mayor and Local Liquor Control Commissioner of the City of Chicago, Defendant/Counterplaintiff-Appellant/Cross-Appellee (Local Liquor Control Commission of The City of Chicago; Winston L. Mardis, as Director, Mayor's License Commission of the City of Chicago; The City of Chicago, a Municipal Corporation; William J. O'Donaghue, as Chairman, Irving Koppel and Albert McCoy, as Commissioners of the License Appeal Commission; and the License Appeal Commission City of the City of Chicago, Defendants).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied February 6, 1998.

Attorney(s) appearing for the Case

Michael A. Moses, Richard G. Schoenstadt, of Siegel, Moses, Schoenstadt & Webster, P.C., Chicago, for Benchwarmers, Inc. and Edward M. Warm.

Patricia T. Bergeson, Acting Corporation Counsel of the City of Chicago, Chicago (Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Assistant Corporation Counsel, Jean Dobrer, Assistant Corporation Counsel, of counsel), for Richard M. Daley.

Justice THEIS delivered the opinion of the court:

This case involves cross-appeals from an order of the circuit court determining the propriety of a liquor license suspension for plaintiff, Benchwarmers, Inc., d/b/a Hi-Tops Cafe (Benchwarmers). The Local Liquor Control Commission of the City of Chicago suspended Benchwarmers' liquor license for selling alcoholic liquor to a minor in violation of section 4-60-140 of the Municipal Code of Chicago (the Code). Chicago...

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