McHenry Co. chairman sues state panel over liquor license

McHenry County Board Chairman Ken Koehler is suing the Illinois Liquor Control Commission over its decision to reinstate a local gas station's license to sell booze one month after he revoked it.

In court papers filed late last month, Koehler asks a judge to toss out the liquor commission's decision to give back the license, and instead restore the county's decision to revoke it.

"The (liquor commission's) decision was erroneous and against the manifest weight of the evidence," the suit states.

Ted Penesis, spokesman for the Illinois Liquor Control Commission, said he could not comment on pending litigation, but added that such disputes are not uncommon between the state agency and local liquor authorities.

The suit stems from Koehler's move, in his role as chairman of the McHenry County Liquor Commission, to yank the liquor license of the Mobil Speed Mart at 4407 Hi Point Road, south of McHenry.

That came after the business was caught selling alcohol to minors three times between December 2007 and July 2008. In all three instances, court documents state, the same employee sold liquor to the minors.

But in September the state liquor commission overturned Koehler's decision, and in its place imposed a 30-day suspension on the business' license. In its ruling, the state agency said McHenry County did not "follow a progressive discipline plan" before revoking the license.

County officials dispute that, noting they fined the gas station's owners $1,000 and $1,500, respectively, after each of the first two infractions.

The revocation came only after the business continued to sell alcohol to minors despite the first two punishments, the county claims.

"We don't agree that we have to follow a progressive discipline plan," said Thomas Carroll, civil division chief for the McHenry County State's Attorney's Office.

"But even if that were a requirement, we did discipline them progressively."

The case is scheduled to make its first court appearance May 12 before McHenry County Judge Michael Caldwell.