Interesting,
In most communities due to the very nature of the business of a bar, primarily serving alcoholic beverages, no open containers what so ever are allowed to leave the premises.  This relieves any question as to whether or not the beverage is alcoholic in the first place. 
 
Your interpetation makes a complete mockery of the liquor code, as one could easily argue at a long neck beer  bottle, "prove there is beer in the beer bottle and not water".  If you are saying just because it is in a beer bottle it has to be beer,  than you pretty much have to conclude, if a container comes out of a bar it most probably has alcohol.  Under your interpetation, no one would ever be held accountable for any open container violation, lest the person be caught by a policeman, and the beverage sent off for complete chemical analysis at some laboratory.  I somehow do not think that is the spirit of the law? 
 
John Shank
----- Original Message -----
From: Steve Stockton
To: Chocolatier
Sent: Monday, November 06, 2006 5:55 PM
Subject: Re: Liquor Code Violation 11/4/06

Yes, that is essentially correct. That is part of the rules of evidence. It is necessary to prove the elements of an offense, including that the beverage is alcoholic, because it is perfectly legal to carry out a non-alcoholic beverage. The burden of proof for the elements is on the prosecution.

Steve Stockton
City of Bloomington

  ----- Original Message -----
  From: "Chocolatier" [Chocolat@Chocolatier.ws]
  Sent: 11/06/2006 09:29 PM
  To: Steve Stockton
  Subject: Re: Liquor Code Violation 11/4/06


Mayor Stockton,
 
So what you are basically saying is anyone can just walk out of a bar with a glass or a cup of some mystey beverage and claim there is no alcohol in it and it is automatically taken on face value that it contains none?  Even though they are coming out of an establishment whose main business is serving alcohol?
John Shank
----- Original Message -----
From: Steve Stockton
To: Chocolatier
Sent: Monday, November 06, 2006 3:41 PM
Subject: Re: Liquor Code Violation 11/4/06

I had asked that legal counsel and the police review your tapes. They must clearly show an alcoholic beverage being carried outside. The videos of glasses of beverage will probably not suffice because there is no way to prove what is in them. However,  the beer bottle may work.  It will also be likely that whomever took the video will have to testify as a witness.

Steve Stockton
City of Bloomington

  ----- Original Message -----
  From: "Chocolatier" [Chocolat@Chocolatier.ws]
  Sent: 11/04/2006 09:19 PM
  To: Steve Stockton
  Cc: Hannah Eisner
  Subject: Liquor Code Violation 11/4/06


November 4, 2006
 
Mayor Steve Stockton
Bloomington Liquor Commission
109 E. Olive Street
Bloomington, IL  61701
 
Dear Mayor Stockton,
 
I would like to report a liquor code violation at Fat Jack's early Saturday morning November 4, 2006.  A young man comes out of the South side front doors with two bottles of what clearly look like long neck beers and takes a couple of drinks while standing outside of the doors and clearly in front of the security/door person working the south side door.  Please find copies of the photo evidence attached to this email for your review. 
 
This video truly shows the attitude of Fat Jack's, staff and management, that they really believe they are above the law and can do pretty much anything they wish with impunity.
 
Also, I have have video evidence that can be reviewed by the Bloomington Liquor Commission as well as the City of Bloomington Police.
 
Sincerely,
John Shank
514 North Main Street
Bloomington, IL  61701
309 821-0277
 
Attachments
 
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders  ***