Gasthaus bar owner fighting Elgin liquor violation
The owner of a downtown Elgin bar has filed an appeal with the state to fight a liquor license violation ruling by the city.
Gasthaus Zur Linde attorney Charles Muscarello, son of bar owner Marco Muscarello, filed the appeal with the Illinois Liquor Control Commission Sept. 17. The bar was found guilty last month by the city's liquor control commission of serving alcohol to a minor in May 2013.
The violation is the first for the Gasthaus.
The bar contends the minor presented a false ID, which is an affirmative defense under state law, but not under the city's code, Charles Muscarello said.
"I don't know if (the Elgin liquor commission) didn't think it was valid (as a defense)," Charles Muscarello said, "but they certainly, I believe, didn't follow the law."
State liquor commission spokeswoman Carson K. Quinn said the appeal will likely be heard within the next few months if all documents are filed in a timely manner.
Marco Muscarello said he's appealing Elgin's ruling - which carries a $500 fine - out of principle.
The city's liquor commission last month also ruled in favor of the Gasthaus on a different charge that the bar exceeded the scope of its liquor license in March 2013.
"My belief is that the two charges were trumped up by the city to get rid of us, to get rid of the Gasthaus, because of the Elgin Tower Building," Marco Muscarello said.
A Wisconsin developer last year was interested in purchasing the building, which is near the Gasthaus, and converting it into apartments. That deal fell through, and a second developer now has stepped in with a similar plan.
Muscarello said he believes the city is targeting his bar because it will interfere with those plans.
"You can't have people sleeping next to a 3 a.m. license bar with a music venue," he said.
City officials have said they are not targeting Muscarello and the allegations have no merit.
Elgin Corporation Counsel Bill Cogley is reviewing police reports of fights that took place outside the Gasthaus in late July and late August to determine whether there will be further liquor license violation charges, Elgin Police Cmdr. Ana Lalley said.