Legal Question in Business Law in Illinois

Business/Property Owner's Right of Access

I work part-time at a bar located in a small village (less than 500 population). The village ordinance states that the hours of operation for a tavern serving liquor is as follows:

Mon - Thurs: 6 a.m - Midnight

Friday & Saturday: 6 a.m. - 2 a.m.

Sunday: 6 a.m. - 1 a.m.

Standard practices have always been that all patrons be out of the bar by closing time and outside lights be turned off. Thus no sales after hours. The owner and/or Bartender was allowed to stay however long it took to clean up, res-stock etc. The village ordinance itself makes no provisions for this 'clean-up' time, however it also makes no provision against it.

Recently, tavern owners have been informed that no one is allowed on the premises during non-operation hours. I feel that this is a violation of the owner's rights and that the owner of any property and/or their agents/employees should be allowed on the premises whenever they wish as long as they are complying with the above mentioned ordinance and no alcohol is being sold and no patrons are present.

Can you please tell me if you feel that the new interpretation of this ordinance a violation of the business owner's rights?

Thank you in advance for your help.


Asked on 6/12/03, 8:34 pm

2 Answers from Attorneys
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Business/Property Owner's Right of Access

We have reviewed the information in your e-mail of 06/13/03. Unfortunately, our caseload at this time is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

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Answered on 6/17/03, 12:12 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Business/Property Owner's Right of Access

Although I practice in the civil rights area -- and have a keen interest in the question you pose -- I must confess that the issue you raise does not come up with any frequency. Therefore, although I feel in my gut as you do, i.e., that the government cannot undertake the actions you describe, I unfortunately do not know the "answer," if, indeed, there is one, off-hand.

My sense is the government's actions are "wrong" in this regard, but, it would take research to determine whether case law supports this interpretation.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 6/13/03, 12:52 am


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