By Ted Schnell • BocaJump | Jan. 12, 2012
An Elgin nightclub already under scrutiny from police and city officials on Wednesday was fined $1,000 for repeatedly letting in more people than its occupancy limits allow and was warned sharply that further infractions could bring a suspension of its liquor license.
Members of the Elgin City Council, meeting as the Elgin Liquor Control Commission, levied the fine Wednesday afternoon against the Afterset, 158 Symphony Way, which has a rated occupancy of 80 people. The city, relying on headcounts by Elgin police, noted the Afterset exceeded that capacity on four separate occasions:
- April 30 — Police counted 141 people inside;
- Oct. 29 — Police counted 147 people inside;
- Nov. 20 — Police counted 94 people inside;
- Dec. 2 — Police counted 95 people inside.
The commission authorized the complaint against the Afterset in early December at the recommendation of the City Corporation Counsel Bill Cogley and Elgin police.
City officials have been watching the nightclub closely since four officers who responded to a fight in the Afterset’s parking lot called for backup when a crowd of 150 to 200 gathered around them on July 30. Since then, police regularly stop in at the bar, which holds a 4 a.m. liquor license but is open only on Friday and Saturday nights, to conduct a headcount of those inside the establishment.
Police actually ordered the Afterset to close for the night during the Oct. 29 infraction because of the severity of the occupancy violation.
The establishment never was punished over the brawl in July, which was considered isolated and not enough legally to warrant prosecution as a nuisance, city officials said in October.
But it was clear Wednesday, as City Corporation Counsel Bill Cogley presented the $1,000 fine as part of a settlement on the violations, that commissioners were angry.
Councilman Richard Dunne, an Elgin firefighter, said the four occupancy violations represent a “substantial violation” of life-safety codes designed to protect people, as well as violations of the city’s liquor laws. He favored a higher fine and the suspension of Afterset’s liquor license for a time.
But Cogley said the establishment is making strides to correct the problem, including training of staff to better regulate the crowds, and the adoption of a bar-ban list related to people who have caused problems at other bars besides the Afterset.
Police Chief Jeff Swoboda also said he believes progress is being made by the nightclub toward resolving the occupancy issue as well as others. “We’ve seen some improvement already. We’re optimistic that the number and severity of the calls (for police) will decrease in time.”
Attorney Robert Smith, representing Afterset, said personnel training is being provided, and the bar-ban list will help the nightclub keep out troublemakers.
Commissioner Anna Moeller pointed out that the annual renewal of liquor licenses comes before the City Council in May, at which time the city could end liquor sales at Afterset if the improvements do not last.
“If there are more problems, we can address it then,” she said.
Commissioner John Prigge wondered at what point the city should consider suspending the Afterset’s license if there are further infractions. Cogley responded that another occupancy violation could warrant such punishment, but explained that he would not consider that if it was a marginal infraction — say just a few people over the 80-person limit.
“I don’t think any one of us wants this to be a gotcha game,” he said, “but if there is serious overcrowding, then, yes,” suspension could be appropriate.
Commission Chairman David Kaptain closed the discussion with a stern warning to Afterset representatives, saying he takes life-safety violations very seriously, adding if another complaint is filed against the nightclub, he will vote to suspend its license for longer than one day.
The commission approved the fine 5-0. Commissioner John Steffen abstained, citing a conflict. Councilman Robert Gilliam was unable to attend the meeting.
New Walgreens wins B-3 license
In another matter, the commission approved a Class B-3 liquor license for the city’s third Walgreens store, 589 N. McLean Blvd., in the Wing Park Shopping Center at McLean and Wing Street.
The new store plans to sell beer and wine. The new license will not become effective, however, until the City Council amends the city’s liquor code to add one more license in that classification, Cogley said. He added the council is expected to consider the issue on Jan. 25.
Commissioners also voted unanimously to approve their 2012 meeting schedule, which sets the monthly meetings to precede the City Council’s first regular meeting of the month. The commission meetings will be at 4:30 p.m. on the second Wednesday of the month, typically in Conference Room 208 in City Hall, followed by the City Council Committee of the Whole meeting at 6 p.m. in the City Council Chambers.
