Judge rejects effort to strip McHenry County gas station of liquor license

In a ruling labeled "very disappointing" by McHenry County's top elected leader, a judge has rejected county efforts to strip a gas station of its liquor license after it was caught selling alcohol to minors three times in eight months.

McHenry County Judge Michael Caldwell, in a three-page ruling issued Monday, said the county's move to revoke the license of the Mobil Speed Mart, 4407 Hi Point Road, south of McHenry, "can be viewed as inappropriate" given the circumstances of its violations.

"In present case, the local liquor commissioner progressed from fine to increased fine and then revocation of the license," Caldwell wrote. "No suspension was imposed. This was done to punish conduct initiated by the county in its sting operations, rather than to punish conduct occurring independently."

Instead of backing the revocation, Caldwell upheld the Illinois Liquor Control Commission's decision to impose a 30-day suspension on the business.

County Board Chairman Ken Koehler said he is disappointed in the finding, and expects county lawyers to ask Caldwell to reconsider.

"Our decision was based on the facts of the case, and on the consideration that we are trying to protect our youth," Koehler said. "It's a privilege to have a liquor license and when you flagrantly violate the rules, there ought to be consequences."

Donald Franz, the attorney for gas station owners Rachine-A, Inc., said his clients are grateful for the decision.

"My clients have taken steps to insure that this never happens again," he said. "The employee (who sold to minors) has been fired."

The county liquor commission, headed by Koehler, revoked the business' license last year after an employee was caught during sting operations selling to minors three times between December 2007 and July 2008. Rachine-A appealed to the state commission, which reversed the revocation in September and instead imposed the 30-day suspension.