Owner of troubled Elgin bar says he 'never intended to be a nuisance'

The fate of the Smooth Fox bar has yet to be determined by the city of Elgin, after its owner told the liquor control commission he “never intended to be a nuisance.”

Justin Hodge, who opened the bar at 51 S. Grove Ave. in June, let his liquor license expire April 30. He had vowed to stay open even without liquor, but the establishment has been closed lately.

Hodge asked the commission to create a new liquor license that would allow live entertainment with closing at 2:30 a.m. Thursday through Sunday, and liquor sales ending at 2 a.m., along with all-age shows and small-scale food sales.

However, he also is applying for a renewal of his previous liquor license, which requires at least 50 percent in sales from food with entertainment as an accessory, or secondary, feature.

“There seems to be some confusion on your part as to what you want to be,” Mayor David Kaptain said at the liquor commission meeting Wednesday. The commission comprises all members of the city council.

Complicating matters is that Hodge owes the city about $2,600 and is a party in several lawsuits, including one filed by an alcoholic beverage supplier to whom he owed about $41,000, and one filed by his landlord seeking eviction due to unpaid rent.

Hodge said he's working on resolving all that, which he attributed to “a rookie move” in the beginning. “Name me one business in town that doesn't have bills,” he said, adding he's fired his accountant.

Police responded to 11 disturbance calls, including reports of fights and 15 loud music complaints since Jan. 1, many coming from residents of Fountain Square On the River across the street.

Hodge said he plans to overhaul his security staff and decrease noise with heavy theater curtains.

But Kaptain called that “seat-of-the-pants sound deadening.” He told Hodge he wants an acoustician to show the bar can meet Elgin's noise ordinance.

The latest disturbance at Smooth Fox took place in the early hours of April 30, when a group of people said their friend was being beaten inside the bar, and that Hodge told them that. Police said the bar's manager was uncooperative; officers had to force their way in and found a man with head injuries in the basement.

“It is a very disturbing incident for the licensee of an establishment,” Corporation Counsel Bill Cogley said.

But Hodge said it was all about infighting among a stressed-out staff, and he denied saying anyone was getting beat up. Nearby residents jump at the chance to call police on him, and he's getting harassing phone calls that include racial slurs, he said.

When describing what the venture means to him, Hodge got emotional. “I have family members, friends, members of the community that actually look up to me,” he said. “Why? Because I sought after my dream.”

Councilmembers Tish Powell and Corey Dixon called Hodge “respectable,” saying they've known him and his family for a long time.

But unlike other problematic bars in the past, Smooth Fox stands out due to an incident in December when shots were fired and a bullet hit the condo building, Powell said.

The size of the bar's building — which used to hold a J.C. Penney — is problematic for any business, Powell added. “If it's not Smooth Fox,” she said, “what do we do with this venue in the middle of our downtown that we worked so hard to revamp?”

Councilmembers Terry Gavin and Rose Martinez said they were supportive of Hodge's plans at first but now have serious concerns.

“I am concerned with the level of violence,” Gavin said, “and the disrespect shown to our police officers.”

The liquor commission made no decisions and has yet to discuss a complaint that the bar stayed open after hours and violated the noise ordinance in April. Its next meeting is June 14.