The DeKalb Liquor Commission will decide today whether Starbusters Bar and Grill will face a possible $1,500 fine and/or suspension of its liquor license for allowing more people into the bar than capacity allows.

On Sept. 3, DeKalb police officers were performing spot checks in the area and noticed an increased crowd at the facility, 930 Pappas Drive.

DeKalb police Lt. Jim Kayes said officers used hand counters to count 330 customers – 50 more than the bar’s 280 capacity – as they left the bar shortly before closing.

Fights are more likely to occur in an overcrowded bar, Kayes said.

“When you jam people together like that, it causes problems,” he said.

An occupancy violation is not the same as an arrest. Officers write a report and refer it to the liquor commission, he said.

“This is not our highest priority,” Kayes said. “It is something that is on the books and does get enforced from time to time.”

DeKalb City Clerk Donna Johnson said liquor establishments must have a minimum of 10 square feet per person. Areas such as store rooms, the kitchen and behind the bar are not counted as areas accessible to the public. Bathrooms are considered areas open to the public and are counted in the square footage.

Johnson said she did not expect the commission to revoke Starbusters’ license.

“We don’t revoke licenses lightly,” Johnson said.

DeKalb Mayor and Liquor Commissioner Greg Sparrow said the commission weighs the seriousness of the violation when choosing a punishment.

“You look at the severity of what the situation is,” he said. “Minors in the bar is one thing and too many people in the bar is another.”

Both Johnson and Sparrow said there is no corresponding punishment for occupancy violations.

Any violation of Chapter 38, the liquor code, draws a minimum $1,000 fine for the first violation, a minimum $1,500 fine for the second violation and a minimum $2,500 fine for the third violation in a 12-month period, Johnson said.

The commissioner also may suspend the bar’s liquor license for no more than 90 days or revoke the license, Johnson said.

The September violation represents Starbusters’ second violation in a 12-month period.

The bar was fined $2,000 in October 2003 for having two minors on the premises.

Starbusters personnel could not be reached for comment.

The liquor commission will meet today at 4 p.m. in the DeKalb Municipal Building, 200 S. Fourth St.