caspuhlter wrote on Jul 22, 2009 11:18 AM:
" It seems to me that Fritzler's argument is incorrect. The city code specifically allows for this situation. In City Code 2-4-4 paragraph b. (Persons ineligible to hold a license) it states:
B. Any law enforcing public official, mayor or any member of the city council; and no such official shall be interested, in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to a member of the city council (excluding the mayor) in relation to a premises or to an establishment in which the council member has a direct or indirect interest if:
1. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food (class A license only);
2. The issuance of the license is approved by the Illinois liquor control commission;
3. The issuance of the license is in accordance with all applicable ordinances of this code; and
4. The official granted the license does not vote on alcoholic liquor issues pending before the local liquor control commission or the city council.
So, the city's own code says that Jack can hold a license and not vote. It may not be the best idea, but it is the law that the council must work off of.
B. Any law enforcing public official, mayor or any member of the city council; and no such official shall be interested, in any way, either directly or indirectly, in the manufacture, sale, or distribution of alcoholic liquor, except that a license may be granted to a member of the city council (excluding the mayor) in relation to a premises or to an establishment in which the council member has a direct or indirect interest if:
1. The sale of alcoholic liquor pursuant to the license is incidental to the selling of food (class A license only);
2. The issuance of the license is approved by the Illinois liquor control commission;
3. The issuance of the license is in accordance with all applicable ordinances of this code; and
4. The official granted the license does not vote on alcoholic liquor issues pending before the local liquor control commission or the city council.
So, the city's own code says that Jack can hold a license and not vote. It may not be the best idea, but it is the law that the council must work off of.
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