Elgin Liquor Commission fines to change, but not yet

Elgin liquor commission fines for violations likely will see a change next year, but commissioners are split on how far to go.

The current fine structure is part of a study into every single fee or fine levied by the city, results of which will be released by the City Council’s fall budget discussion. City Council members, in their role as liquor commissioners, discussed the fines during a commission meeting Wednesday.

Councilman John Prigge suggested praising liquor license holders with clean records by reducing license fees and punishing those with violations with higher fine amounts.

Prigge’s said compliant liquor license holders should get a break because of a 3 percent alcoholic beverage tax set to take effect July 1.

“I like the fact of rewarding somebody in an environment where it’s easy to make a mistake,” Prigge said.

But Mayor David Kaptain voiced early opposition to that plan.

“I have a problem rewarding people for abiding by what the law is,” Kaptain said, adding that there are business owners who spend their whole lives operating legally. “Their reward is that they stay in business here and have a good reputation.”

According to Bill Cogley, Elgin’s corporation counsel, the liquor commission has historically charged $750 for first-time violations like selling to a minor, with second offenses in the $1,000 range. For violations because of drug sales, fines have been closer to $2,000 with varying suspension lengths from seven days to four weekends.

Based on ordinance, the city can’t fine an establishment more than $10,000 in a single year. But Cogley said it usually doesn’t come to third offenses as business owners are “scared straight” early on.

“It does have a deterrent effect,” Cogley said. “An establishment is caught and they generally upgrade their procedures.”

Super Saver Food Mart, 776 Walnut Ave., was charged $750 Wednesday for selling alcohol to a 19-year-old in February. The teen was working with police on a routine compliance check when an employee made the sale. But owner Vijay Desai outlined Wednesday his increased monitoring of liquor sales, including installing cameras to let him watch at home.

Much of the city’s fee study will focus on ensuring the amount charged covers the city’s costs in giving certain services. With fines, City Manager Sean Stegall said the process is different — charges are greater with the purpose of discouraging behavior.

The study will analyze Elgin’s fines and compare them to similar and surrounding communities to help commissioners decide on any changes. Stegall said there will be a basic cost tied to paperwork and staff time involved in assessing and collecting the fine but beyond that, changes are more a policy decision than anything else.

Commissioners cut their discussion short Wednesday to wait for the results of the fee study and plan to revisit changing fine amounts this fall.