KUSTRA SIDES WITH LOCAL LEADERS AGAINST LIQUOR LICENSE VIOLATORS

Lieutenant Governor Bob Kustra recently denounced the actions of the Illinois Liquor Control Commission in a Rock Island case and renewed his support of legislation eliminating the commission's ability to overturn local liquor board decisions which crackdown on liquor license violations.

"Once again, the actions of the Liquor Control Commission have made it clear that the state must give municipalities the ability to enforce their own liquor laws," said Kustra, who coordinates the state's efforts to combat substance abuse. "Local leaders throughout the state know and understand the concerns of their citizens, and they know how to run their own hometowns. The Liquor Control Commission was wrong in overturning Rock Island Mayor Mark Schwiebert's revocation of the liquor licenses in this case, and I will work to make certain that the Commission is not able to tie the hands of mayors in the future."

Kustra, who has received many complaints from local officials frustrated by decisions of the Illinois Liquor Control Commission, said the decision in the Rock Island case was a glaring example of a Commission that too often sides with liquor law violators instead of local leaders trying to run their own communities. An appeal of the Commission's decision was rejected recently by the Third District Appellate Court.

The Commission agreed that two Rock Island establishments should be punished for allowing the sale of cocaine on its premises by employees on several occasions. However, the mayor's decision to revoke each license was reduced by the Commission to 30-day license suspensions.

"Once again, the get-tough action by a locally elected mayor has been replaced with a slap on the wrist by a state oversight board," Kustra said. "This sends the wrong message to local liquor license holders, and the General Assembly will have to send a different message to the Commission."

Schwiebert unsuccessfully challenged the authority of the Liquor Control Commission in circuit court. He then appealed the decision to the Third District Appellate Court which issued a decision August 19 affirming the circuit court decision and ruling Schwiebert did not have standing to seek administrative review of an order of the Illinois Liquor Control Commission.

"The Liquor Control Commission should concentrate its efforts on providing support to local boards, not second-guessing their decisions or undermining their efforts to rid their communities of establishments which continually violate state and local laws," said Kustra.

Kustra is working with local officials to draft legislation eliminating the ability of licensees to appeal local decisions to the Liquor Control Commission. •

October 1992 / Illinois Municipal Review / Page 21