ELBURN – Schmidt’s Towne Tap, 107 N. Main St., Elburn, was cited in a liquor violation for serving alcohol after closing hours, records show.
According to a police report, Officer Jeff Herra noticed several people inside Schmidt's at 3:06 a.m. Aug. 16, more than an hour past the 2 a.m. closing time designated in village's liquor code. The incident occurred during the weekend of Elburn Days. Kevin J. Schmidt, the tavern owner and liquor license holder, came outside to talk to Herra, according to the report. Schmidt told the officer everyone inside were his employees "cleaning up, eating pizzas and drinking a few beers before they went home."
Herra told Schmidt, “there could be no alcohol consumption at all after closing time, and [Schmidt] said he was not aware of it and that it had never been a problem in the past,” according to the report.
“Schmidt said he would go back inside and ‘take care of it,’ ” Herra’s report states.
Trustee Bill Grabarek served as deputy liquor commissioner, finding that a violation occurred.
“Based on the narrative of Officer Herra’s report and your admission to Officer Herra that your staff, in fact, was being served beer after the hours permitted under your license, I find that a violation has occurred and hereby impose a $250 penalty,” a Sept. 3 citation letter signed by both Grabarek and Schmidt stated.
Grabarek acknowledged the seriousness of the violation, but offered to hold the penalty in abeyance for a period of 12 months, “provided no further violations occur,” according to the citation. The letter also shows where a $500 fine was to be imposed, but it was crossed out and reduced by half and initialed “KJS.”
The citation letter also stated Schmidt can contest the violation and demand a formal hearing within 10 days.
“The vitality of Elburn and its businesses is critically important to us,” Grabarek’s letter states.
“Your establishment, in the few short years since opening, has become one of the cornerstone destinations that make Elburn a special place to visit,” according to the letter. “For your commitment of capital, time and faith in our village, we are grateful and trust this present incident can be resolved as proposed.”
Elburn Village President David Anderson said he recused himself as liquor commissioner because he owns the building and is selling it on contract to Schmidt. “That started prior to my being elected village president,” Anderson said of the contract sale agreement with Schmidt.
Grabarek said he took the citation letter to the tavern to talk to Schmidt about the liquor violation.
“He said, ‘Can’t I get a warning?’ And I said, ‘Kevin, you admitted it. You want a hearing, you can have a hearing, but I will withdraw any offer of abeyance. It’s as simple as that,’ ” Grabarek said.
“It was an incident. Being deputy liquor commissioner, that is how I handled it. There are reasons for liquor laws. Like driving, it’s a privilege. It’s not a right,” Grabarek said.