Possible changes to liquor laws on horizon

By JESSICA WELLS

A rush fee addition and the penalties for minors with alcohol were discussed for Chapter 38 of the Municipal Code for liquor licenses at the special meeting of DeKalb City Council and Liquor Commission Monday.

A rush fee of $150 for applications of liquor licenses for outdoor special events was discussed that would pertain to those who apply for licenses 30-14 days prior to the event. The amount of work a rushed license can present was the reason for the suggested fee.

“One hundred fifty dollars is not a lot to ask of an event that hopes to raise a lot of money,” said 5th Ward Alderman Ronald Naylor.

The council and commission also discussed ways to verify percentages on affidavits required to be filed by license holders concerning their food and liquor sales.

The percentages of food and liquor an establishment sells each year included in the affidavits are important to the establishment’s class of license. The question raised was how to verify the percentage the licensee presents. No resolution on the matter could be reached at the time.

The transfer of liquor licenses when more than a half of the establishment’s assets have changed ownership, especially in cases concerning families, was also discussed.

The problem which arose was the requirement to file for a new application.

“We are at the mercy of the licensee to be honest and say that I am still the owner,” said City Attorney Norma Guess.

Another problem discussed in this aspect of the legislature was the fee, background check and fingerprinting necessary when a new license is issued. The council discussed a $500 transfer fee and a $62 fee for each applicant’s fingerprinting.

The ability to exempt transfer fees within families, especially in cases of a family death, but which would still include a background check and fingerprinting was also discussed.

Guess also introduced the change involving the commission’s now monthly meetings on the matter of Chapter 38.

“We’ve been discussing this for two years, it’s foreseeable that in the future we’ll have things to discuss,” Guess said.

The council and commission also discussed the ability to revoke or suspend liquor licenses. Guess suggested changes include revoking if the licensee owes the city money, and suspension of a license for up to seven days if, as it states in the legislation, “the Liquor Commissioner determines that continued operation of the licensee immediately threatens the health, safety or general welfare of the City of DeKalb or its residents.”

Changing of penalties for instances with minors involving alcohol were also discussed.

Some of the members of the council and commission disagreed with the state’s new legislation which requires any underage person with an offense pertaining to alcohol to have their driver’s license suspended for three to six months.

“This is a kid who’s at a party and gets caught with a beer,” Guess said. “I’m sorry but I don’t see what that has to do with their driver’s license.”

Many at the meeting agreed, but Mayor Kris Povlsen was concerned that by amending this law in DeKalb, the city would be avoiding the state’s law to protect its minors. Fourth Ward Alderman Donna Gorski agreed with Guess.

“We’re in a college town and folks are going to have a beer,” Gorski said. “With the fine, that’s an expensive beer and will be a likely deterrent so [underage drinkers] won’t get pinched again.”

Further discussion on these matters will take place at the next DeKalb Liquor Commision meeting, which will be held at 6 p.m. Nov, 17 at the DeKalb Municipal Building, 200 S. Fourth St.