Elgin bar could lose 3 a.m. liquor license

The Gasthaus Zur Linde bar has exhausted Elgin's patience.

The city's liquor control commission, which comprises the entire city council, sounded off Wednesday during a discussion about whether the downtown bar should be allowed to keep its 3 a.m. license. Police have responded since last year to several fights and disturbances in or outside the bar, always after 2 a.m.

"I'm very frustrated and very tired," Councilwoman Tish Powell said. The latest incident took place July 3, when a man was stabbed in the ear inside the bar.

"You've proven you're not capable of handling (a 3 a.m. liquor license) - and I'm done," she said.

The bar's U-class license requires the service of meals to be the primary business, but more than 90 percent of Gasthaus' proceeds come from alcohol, officials said.

Gasthaus attorney Charles Muscarello contends the bar meets its license requirements, which don't spell out a required percentage of food sales.

Muscarello said the bar could agree to a different class of license if it could keep a 3 a.m. closing time, but commissioners didn't like the idea.

"It is the responsibility of the licensee to maintain peace and order, to not have an establishment (that) is a nuisance that causes a law enforcement problem," Corporation Counsel Bill Cogley said. "The crowd gathers at that extended-hours bar for the end of the evening, and the trouble starts."

Muscarello also asked the commission to reconsider its decision in May to turn down an exterior liquor sales permit for the bar. That permit would end at 11 p.m., he pointed out.

Commissioners took issue with the Gasthaus' claim that the city is retaliating against it because of a lawsuit filed by bar owner Marco Muscarello, Charles Muscarello's father, to stop the redevelopment of the adjacent Tower Building.

A Kane County judge on June 24 dismissed the lawsuit as "capricious" and "unreasonable" but gave the Gasthaus 28 days to refile.

Mayor David Kaptain said the Gasthaus' liquor license is separate from the lawsuit. He warned Muscarello that if Muscarello accused Kaptain of connecting the two, "you and I are going to scrap."

"I categorically deny this retaliation assertion," Cogley said. "It is inappropriate to file suits against the city and use it as a shield to protect itself from violation of its liquor license."

The commission could have revoked - instead of renewing - the bar's liquor license in May for noncompliance, but it didn't do so because it seemed "harsh," Councilman Toby Shaw said.

"It feels almost disingenuous what you're saying, that 'these guys are picking on me,' when we're trying to keep your business going," he said.

Powell agreed, saying it's "insulting" to say the city is retaliating.

"We are going clearly on your record of police calls and incidents at your facility. Period," she said.

Muscarello said that many of the fights outside the Gasthaus had nothing to do with the bar, which has implemented a one-strike ban policy for unruly patrons, and other measures such as a dress code and serving drinks in plastic cups late at night.

The Gasthaus has been adversarial in all its dealings with the city, Councilman Terry Gavin said. "It's not retaliation," he said. "It's just doing business the right way."

Commissioners didn't take any action Wednesday and are expected to continue the discussion at their next meeting in August.