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Knoob Enterprises, Inc. v. Village of Colp

Case Date: 06/22/2005
Court: 5th District Appellate
Docket No: 5-04-0448 Rel

                NOTICE
Decision filed 06/22/05.  The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-04-0448

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

KNOOB ENTERPRISES, INC., d/b/a
THE HOT SPOT and d/b/a HINRG,

             Plaintiff-Appellant,

v.

THE VILLAGE OF COLP,

             Defendant-Appellee.

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)		 Appeal from the
Circuit Court of
Williamson County.


No. 04-CH-9

Honorable
John Speroni,
Judge, presiding.


JUSTICE CHAPMAN delivered the opinion of the court:

The plaintiff, Knoob Enterprises, Inc., doing business as HINRG and The Hot Spot, appeals the trial court's judgment finding that The Hot Spot is a public accommodation that permits the consumption of alcoholic liquor on the premises, subject to local regulation pursuant to section 11-42-10.1 of the Illinois Municipal Code (the Municipal Code) (65 ILCS 5/11-42-10.1 (West 2002)). For the reasons that follow, we affirm.

I. BACKGROUND

The Board of Trustees of the Village of Colp adopted a liquor code in 2001. In 2002, the state legislature enacted section 11-42-10.1 of the Municipal Code, which allows municipalities to license and regulate businesses operating as public accommodations that permit the consumption of alcohol on the premises that are not subject to the Illinois Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq. (West 2002)). The statute defines "public accommodation" as follows:

"a refreshment, entertainment, or recreation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, or advantages are extended, offered, sold, or otherwise made available to the public." 65 ILCS 5/11-42-10.1 (West 2002).

Beginning in 2002, the Village of Colp (the Village) enacted ordinances pursuant to section 11-42-10.1, with the intent of regulating establishments open to the public that permit the consumption of alcohol on the premises, e.g., establishments permitting the public to bring in their own alcoholic beverages. The Village amended its liquor code over time, and in 2004 it repealed the code and replaced it with a fully amended version. Section 1-1 of the Village of Colp Ordinance No. 004-2004 defines "public accommodation" as follows:

"a refreshment, entertainment, or recreation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, or advantages are extended, offered, sold, or otherwise made available to the public[] or to individuals by the payment of dues." Village of Colp Ordinance No. 004-2004,