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| Chi Restaurants'
Favorable Decision
City Unable to License-- May Remain Open Night and Day, Court Rules Source: Variety, 14 October 1921, pg. 9. 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 As soon as Chief Fitzmorris received a formal order from the Corporation Counsel, he rescinded his 1 a.m. closing order, which he has regarded as one of the bulwarks against crime this winter.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. |
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Page authored: 9 April
2000 -
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