Barn ‘cover’ optional
January 30, 2004
DeKalb officials are investigating whether The Barn, 1215 Blackhawk Road, has violated the city ordinance prohibiting cover charges at a Class E liquor establishment.
Dave Baker, DeKalb’s 6th Ward alderman, said several NIU students complained to him that The Barn had been charging cover to enter the bar on Friday nights during its $1 drink special.
The city outlawed the collection of cover charges of any sort by Class E licensed restaurants in December.
The students told Baker that upon entering the bar, they were asked to pay a $5 cover, which Barn employees said went toward an “all-you-can-eat pizza buffet.”
The complainants told the employees they read in the Northern Star that it was illegal to charge cover, Baker said, but again were asked to pay for the buffet they did not want.
“There is no doubt in my mind that they were credible reports,” Baker said.
Chapter 38.05 of the DeKalb Municipal Code requires that, as a restaurant, 60 percent of The Barn’s revenue must come from food sales. The $5 collected at the door for the buffet would count toward satisfying the requirement.
After hearing the complaints, Baker contacted DeKalb Police Chief Bill Feithen, who said he spoke to Barn owners and was assured that the buffet was optional.
“The concern was that they were trying to skirt the law,” Feithen said.
Mayor Greg Sparrow, who acts as DeKalb’s liquor commissioner, previously has said that anyone who tries to skirt the new liquor law will face consequences.
Feithen said action in the case are still possible, but nothing final has been decided.
When speaking to the Star earlier this week, Chris Gochis, son of Barn owner Peter Gochis, said the all-you-can-eat pizza buffet is optional. He also said people don’t have to participate in the pizza buffet to receive the $1 drink special offered on Friday night.
When the city council drafted the ordinance, they tried to ensure no loopholes were left open that would allow a cover charge, Baker said.
“I knew there could be loopholes,” Baker said. “I’m a business man. I know creativeness.”
The change in the liquor laws came after some Class E establishments were accused of acting too much like a Class A bar.
Class E establishments are supposed to be a restaurant primarily, City Clerk Donna Johnson said. Liquor is to be served only to complement the meal.
Applebee’s, 2411 Sycamore Road, and Ruby Tuesday, 2370 Sycamore Road, are two local Class E license holders. “Can you imagine having to pay a cover charge to enter one of those places?” Johnson said.
Those restaurants are required to have a dining room as well.
“You can’t just come and drink,” Johnson said. “You need food also.”
However, they are allowed to have a bar area restricted to people under 21. City Attorney Margo Ely said Class E license holders are not explicitly prevented from charging people to enter a restricted bar area.
“That part is still iffy,” Ely said. “It’s still under review.”
She also said she was not immediately sure if it was against any ordinance to force people to purchase food upon entering the establishment.
There are only 16 Class A licenses doing business as bars allowed in DeKalb, but an unlimited amount of Class E licenses are permitted. Johnson said the number was determined by the population of the city.
“Too many Class As can be a burden on the city,” she said.