Liquor license expiring for Elgin bar; owner sentenced to jail
Troubles are mounting for the Smooth Fox bar in downtown Elgin, which will have to stop serving liquor May 1 and whose owner was sentenced to 30 days in jail Wednesday.
Owner Justin Hodge of Elgin pleaded guilty to a charge of driving with a suspended/revoked driver's license after being held in Kane County jail since March 21, according to records and information from the Kane County state's attorney's office.
Meanwhile, the liquor license for the bar at 51 S. Grove Ave. will expire April 30 because Hodge did not apply for a renewal, Elgin Corporation Counsel Bill Cogley told the city's liquor control commission Wednesday.
Additionally, Cogley said he intends to file a complaint with the liquor commission against Smooth Fox after reports of patrons being allowed in and out of the bar after its 2 a.m. closing time this weekend. "We really have a zero tolerance for that," Cogley said.
Four people were arrested outside the bar on Grove Avenue after police were called about a fight at 2:50 a.m. Sunday, Sgt. Jim Lalley said. Two more people were arrested later that night after another fight - connected to some of the same individuals - broke out outside the police department, Lalley said.
"It's a serious issue when just about every available squad car is there baby-sitting people leaving the bar, and the rest of the city has no coverage," Police Chief Jeff Swoboda said.
Police asked the bar's manager to provide video recording of that night, but the manager refused, police said.
Even if Hodge applies for a liquor license renewal before April 30, his next chance to be granted that is at the next liquor commission meeting May 10. The commission will not hold any special meeting to accommodate Hodge, Mayor David Kaptain said.
"My patience has run short," Kaptain said. He later added: "He's been negligent in coming to meetings when he's been requested. He knows deadlines, and we are not doing any special favors."
It's also unclear if the bar meets the food sale requirements of its E1 liquor license, which is a restaurant classification, Cogley said. The renewal of the license carries a $572 annual fee.
Meanwhile, police patrols are monitoring the bar, whose hours have been erratic, including being closed on at least one Friday night, Lalley said.
Councilman Toby Shaw - who serves on the liquor commission, as do all council members - asked if the city had any options to close the bar before the end of the month.
Cogley said the state liquor code allows for summary proceedings if there is an imminent threat to the public's welfare, but that requires a notice and a hearing. Given the time frame, Cogley said, he recommended continuing to keep an eye on the bar. "If there are further significant problems, that's always an option," he said.
The city had changed the Smooth Fox's closing time to 2 a.m. Friday and Saturday and 1 a.m. weekdays after a Dec. 17 shooting in which no one was hurt but a bullet hit the Fountain Square On The River condos across the street. Before that, the establishment was required to stop selling liquor at those hours but could stay open later as a restaurant.
Smooth Fox also was connected to three batteries and six fights from June to January.