The Barn drops suit against city
April 20, 2004
The Barn dropped the lawsuit it had against the city about the amended liquor license ordinance.
“We came to a mutual agreement,” said Chris Gochis, son of the owner of The Barn.
The Barn, 1215 Blackhawk Road, filed the lawsuit, which stated that the amended liquor license ordinance passed in November was unconstitutional. The lawsuit was filed in January. The ordinance stated that Class E establishments had to stop selling liquor an hour earlier and that they could not charge a cover.
Mayor Greg Sparrow said the federal court judge said the city had the right to change the ordinance, but there were some concerns.
If the DeKalb City Council gives its approval Monday, Class E establishments will be able to sell alcoholic beverages at its old times, which was 1 a.m. on weekdays and 2 a.m. on weekends.
Every year, all liquor license holders have to renew their licenses; renewal will be in August.
When holders have a license, they have certain expectations. Sparrow said the judge recommended that if changes are going to be made, it should happen before the license is renewed.
If changes will be made, it will happen before the second meeting in August.
Also, if hours are changed in August, it would go into effect within 60 days, instead of the standard 10 days.
Sparrow said he was unsure of whether the hours would be changed one more time.
The city decided not to fight the case because The Barn said it has extensive monetary damages from the new law, Sparrow said. Since an agreement was made, the city won’t have to pay any monetary damages.
Gochis didn’t comment on the cover charge situation. City Attorney Margo Ely was unavailable for comment.