No means no: St. Charles Twp. strip club still denied liquor license

The Kane County Liquor Commission has denied Blackjacks Gentlemen’s Club’s request for reconsideration of its liquor license denial.

Blackjacks, at 7N657 Illinois Route 25 in St. Charles Township, has been operating without a liquor license since 2012.

Reconsideration of a denial can only happen if the prevailing side of a vote presents it.

And because the original vote on June 25 was a 2-2 tie, it failed without a majority, Assistant State’s Attorney Donald O’Brien said.

“Thus, the prevailing side is the failing side,” O’Brien said.

The two original no voters — Dale Berman, D-North Aurora and Clifford Surges, R-Gilberts — both refused to move forward at an Aug. 14 to reconsider the application, so the denial remained a denial.

Blackjacks attorney Brittany Pedersen did not return a voicemail seeking comment.

In her request for reconsideration, Pedersen asserted that Berman’s original no vote was based on his moral objection to the nature of the business, not on the law regarding liquor licenses.

Pedersen threatened to sue the county, alleging that Berman’s no vote violated the business’ First Amendment rights.

Before the vote, board chair and liquor commissioner Corinne Pierog said the county has zoning and licensing laws that govern the adult entertainment industry, including establishments that feature nude dancing.

“These laws are designed to protect public morals, prevent neighborhood disturbances and insure community safety,” Pierog said.

“At the same time, the First Amendment of the U.S. Constitution guarantees the freedom of speech and expression,” Pierog said. “This protection extends ins many cases to expressive conduct like nude dancing, which some courts have recognized as a form of artistic or expressive speech.”

Courts have consistently upheld government interest in these through zoning and licensing laws, she said.

“After the review of Blackjacks’ liquor application, there was no issue found … except the fact that there was nude dancing,” Pierog said.

Last year, the county turned down a request from a swingers sex club in a facility in the Mill Creek subdivision near Geneva, she said.

“I was told (there were) chains on the wall,” Pierog said.

“There was also an opportunity that I readily turned down where there was going to be a nude camp where horseback riding was going to be allowed,” Pierog said.

She said she also turned down a business that wanted to offer horse racing and betting.

“Morality and dance are two separate things to me,” Pierog said. “These are a way that people can make a living.”

Pierog said Blackjacks offers its employees a 401(k) retirement plan and health insurance.

“For a small business, that’s commendable,” Pierog said.

If a liquor license had been approved, Blackjacks would allow only customers age 21 and older to enter, rather than at age 18 to enter as it currently does.

And with a liquor license, full nude dancing would not be allowed either, she said.

During public comment, several spoke against a liquor license for Blackjacks, including Simon Andrew of Elgin, who described being driven past the strip club when he was 8 years old.

“I … saw the glaring pink letters flashing ‘hot girls full nude.’ I asked my mother, ‘What are they talking about? I don’t understand what nude means.’ She never gave me a straight answer, although I eventually figured it out.”

Now, 15 years later, Andrew said he does not want his children to ask his wife what that means when she drives by.