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New version of Capone's restaurant OK'd by Kane Co.

Conversion of the former Al Capone's Hideaway and Steakhouse into a sports bar passed a first hurdle Tuesday, but a second, more perilous issue awaits the new owners when they apply for licenses to sell liquor and offer video gambling.

Some of the 47 neighbors of the property in unincorporated Kane County near St. Charles who oppose the establishment came forward again Tuesday before the full Kane County Board to echo the concerns they've voiced at all the other public hearings on the establishment. They fear noise. They don't want the increased traffic coming through their residential neighborhood. And they don't like the idea of sports bar patrons partying until midnight, on the weekends, with only overstretched Kane County sheriff's deputies to police the place.

"The nightclub, the bar atmosphere, possibly the gambling is going to promote problems whether it be crime, vandalism or foul play," Patricia Schubert said.

But when it comes to the zoning that will allow a restaurant/bar to operate at the site, county board members indicated they may have had no choice but to approve the use whether they liked it or not.

The business is in county board member John Hoscheit's district. Hoscheit, an attorney, said there was some behind-the-scenes dispute about the need to even apply for the zoning from the county board.

The former establishment had the same zoning the current owners seek. And the attorney for the new owners told county officials he saw no reason why that zoning wouldn't carry over to the new owners.

In a legal battle, the county may have had to argue that the land was abandoned after the former establishment closed three years ago. With the new owners, Jeremy and Nicholas Casiello, willing to agree to reduced hours of operation and limitations on outside noise, the legal costs of a zoning fight appeared to not be worth it for the 18 county board members who voted in favor of the zoning Tuesday.

Many of the board members, like Mike Kenyon, said they just liked the idea of having another functional, job-creating business in the county.

"I look forward to having another place where I can stop and have a hamburger," Kenyon said. "Once the smoke is cleared, people will be glad to have a place to go and not drive to South Elgin or St. Charles."

But whether or not Kenyon can have a beer along with that burger, and do some video gambling, is still a question.

Being able to stay open late enough to capture fans of West Coast sporting events was the first big hurdle to making the new establishment profitable. Just opening the doors will require about $200,000 of improvements to the septic system alone.

The next big hurdle is the liquor license application. All establishments seeking a video gambling license from the state must first receive a local liquor license. The Casiello brothers have said they bought the former steakhouse so they can have video gambling.

County board Chairman Chris Lauzen is also the county liquor commissioner. He reiterated earlier comments that the liquor license will be considered on different merits from the zoning application. Lauzen recently visited the location to get a feel for neighbor's concerns.

"I do appreciate the additional potential burden this puts on the sheriff's office and his deputies," Lauzen said. "It's not an automatic thing that a liquor license is passed when we do the zoning."

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