Chi Restaurants' Favorable Decision
City Unable to License—May Remain Open Night and Day, Court Rules
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Source: Variety, 14 October 1921, pg. 9.
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Three days after Chief of Police Fitzmorris
had issued the edict that all Chicago cafes and cabarets would have to
turn the key at 1 a.m., the Appellate Court made this ultimatum a mere
figure of speech in a decision handed down, saying the city has no power
to license restaurants and cabarets, and that in passing an ordinance
licensing them at $100 to $1,000 a year, according to seating
capacities, the City Council exceeded the powers granted it by the
Legislature. This ruling, according to city lawyers, will cost the city
$10,000 in diminished license revenues and in addition will permit
Chicago restaurants and cafes to remain open all night.
The decision of the Appellate Court sustains the findings of Judge
D. E. Sullivan in the Superior Court in the case of the estate of James
Colisimo against the city. Mayor Thompson revoked the license of
Colisimo's restaurant and that of Ike Bloom's "Midnight Frolics,"
in the heat of the election campaign last fall when it was reported the
proprietors of the two places were working for the Democratic nominee
for State's Attorney in opposition to Thompson's entry for the post.
Attorneys for both restaurant men obtained temporary injunctions
restraining the Mayor and Chief of Police from interfering with their
business. Then Judges Sullivan and Morrill made the injunction
permanent, which caused the city attorneys to appeal to the Appellate
Court, with the decision being against them.
Assistant Corporation Counsel J. W. Breen, who carried the case to
the Appellate Court on behalf of the city, when he read the decision,
said:
"This decision means that restaurants may run without
regulation or license. It is only through the power to license and
regulate that the city was able to close restaurants at 1 a.m., and with
this power wiped out the 1 o'clock closing ordinance fails."
As soon as Chief Fitzmorris received a formal order from the
Corporation Counsel, he rescinded his 1 a.m. closing order, which he has
regarded as one of the bulwarks against crime this winter. In issuing
the order he said:
"We will enforce the law, however distasteful it may be to the
department. The court has not ruled that the police have no right to
raid restaurants and any other places which are disorderly. We can
always make raids if they are warranted. Remember that."
The decision was a great blow to Mayor Thompson and his friends,
for the Mayor had boasted that Colisimo's and Bloom's place "are
closed and will stay closed."
Much interest was evinced in the decision by the proprietors of the
College Inn, Marigold Gardens, Rainbo Gardens, Green Mill Gardens,
States Restaurant, Terrace Gardens, Friars Inn, Entertainers and All
Tearney's Cafe and other places where the after theatre business is
large.
Though the ruling permits restaurants to remain open 24 hours at a
stretch, all cabaret entertainment must cease at 1 a.m under the city
amusement ordinance which is not affected by the decision. Dancing and
an orchestra to furnish music for the dancers will be permitted after 1
o'clock.
A large group of restaurant owners are preparing to take full
advantage of the Appellate Court decision, and are planning to bring
suit against the city for all the money that has been collected from
them as a license fee. This fee has been collected for 20 years.
It is estimated that more than $1,000,000 has been collected in the
form of license fees from the restaurants since the first ordinance
exacting a fee was passed. It is expected with the elimination of the
license fee that the prices for food in some restaurants will be
reduced.
[End of news article]
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Page compiled: 9 April 2000
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