The DeKalb Liquor Commission charges against Starbusters were dismissed, but the bar was fined $500 for a building code violation for admitting more people into the bar than capacity limits allow.

The commission originally charged Starbusters Bar & Grill, 930 Pappas Drive, with having 330 people in the establishment Sept. 3 – 50 more than the bar’s capacity of 280.

Since Sept. 29, when DeKalb Mayor and Liquor Commissioner Greg Sparrow ordered Starbusters to an Oct. 18 hearing to answer to the charges, questions arose about the bar’s beer garden and whether it should be a factor in deciding occupancy.

DeKalb City Attorney Norma Guess said the liquor code provides no specific exemption for beer gardens.

Guess said a bar’s beer garden is not a factor in the building’s occupancy limit, but there is a discrepancy among the liquor, fire and building codes.

“It was an ordinance violation, not a liquor code violation,” Guess said.

Because it was not a liquor code violation, the charges were dismissed and the liquor commission hearing was cancelled. DeKalb’s legal division did not notify the Northern Star of the settlement or the meeting cancellation ahead of time.

Starbusters agreed to pay a fine for violating the building code.

Starbusters’ attorneys contacted DeKalb’s legal division Wednesday, Guess said.

Starbusters owner Nick Tsiftilis said the issue was minor and taken care of.

“I went there and I settled it out,” Tsiftilis said. “We did everything by the book.”

Since September, Tsiftilis has expanded the bar’s indoor space, which now includes almost 8,200 square feet and eight exits. The bar’s new occupancy is 565 people, he said.

When Tsiftilis first acquired space in the business strip, there were four store spaces. Tsiftilis has since taken over all four spaces, he said.

“It’s a beautiful place and people should come check it out,” Tsiftilis said.

File photo