Barn faces second cover charge allegation
October 25, 2004
The Barn will soon face allegations of a cover charge violation – the bar’s second violation in six months.
The Barn, 1215 Blackhawk Road, allegedly charged a cover charge in May, less than a week after the restaurant’s May 19 liquor commission hearing. At that hearing, the restaurant was found guilty of charging cover charges on Feb. 6 and Feb. 20.
Mayor Greg Sparrow, who is also the liquor commissioner, said this and future violations may cost the restaurant its liquor license.
“It could come down to outright revocation of the license,” he said.
On June 10, The Barn appealed DeKalb’s guilty ruling to the state liquor control commission. The state commission heard the appeal Oct. 6 and upheld DeKalb’s ruling in a statement released Oct. 19.
Sparrow said he has waited to summon The Barn’s owners to a liquor commission hearing for the second violation until after the state liquor control commission’s ruling on The Barn’s appeal.
Sparrow said he waited on the advice of DeKalb Attorney Brad Waller. Waller represents and advises Sparrow in the course of his duties as liquor commissioner.
Sparrow said he is as confident in moving forward with the new charges as he was with his May ruling.
The next hearing date has not yet been set.
“I think it’s pretty obvious and the statement from the state liquor control commission said DeKalb was fair in its ruling,” he said.
DeKalb City Attorney Norma Guess said DeKalb is a home rule municipality, which means the city has the authority to create liquor license policy in addition to the state liquor laws. DeKalb can write stricter policies; however, it cannot write more liberal policies.
The DeKalb City Council voted in November 2003 to prohibit Class E liquor license holders from charging a cover charge. The Barn holds a Class E license, a designation for restaurants stating alcohol sales will be a complement to food sales.
“He’s [owner] trying to claim that he’s running a Class A business when he has a Class E license,” Guess said. “And it’s just not going to fly.”
Sparrow said he thought The Barn’s owners were trying to compete with DeKalb’s Class A liquor license holders, or full bars.
“Christ almighty. He had dwarf-throwing contests at one time,” Sparrow said in reference to the owner’s attempts to bring in entertainment.
The Barn could not be reached for comment as of press time.