McHenry Co. fighting reinstatement of 3-time violator's liquor license

A judge today refused to reverse course on his decision to reinstate the liquor license for a McHenry County gas station caught selling alcohol to minor three times in eight months, likely setting up an appeal to a higher court.

McHenry County Board Chairman Ken Koehler said the county would file an appeal after Judge Michael Caldwell reiterated his July ruling that said the Illinois Liquor Commission was justified when it returned a liquor license to the Mobil Speed Mart, 4407 Hi Point Road, south of McHenry.

"We feel that the county liquor commission has a right to have a say on this," said Koehler, who heads the commission. "Anybody that violates our ordinances (three times) in such a short period of time certainly does not deserve a license to sell liquor."

The litigation stems from the liquor commission's decision last year to revoke the gas station's license after one of its employees was caught during sting operations selling liquor to minors three times between December 2007 and July 2008.

The business' owners appealed to the state panel, which tossed out the county ruling and instead imposed a 30-day suspension of the station's license. Caldwell sided with the state in July, saying the county acted too quickly to revoke the license, especially since the incidents were the result of police sting operations.

The owners' attorney, Donald Franz, said because of the ongoing litigation, the station actually went 60 days without a license.

"They were duly punished," he said.